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Minutes 03-15-23 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, MARCH 15, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candice Stone, Director, Community Standards Isis Sablon, Community Standards Associate Carla Blair, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:09 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and not to the City Commission. Also, a fine will be imposed if the violation(s) are not corrected by the deadline. II. INTRODUCTION AND SWEARING IN OF WITNESSES Community Standards Associate, Isis Sablon, administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status 1 22-3216 Removed for 30 days 3 22-0565 Closed due to change of ownership. 10 22-2748 Complied 11 22-3069 Complied 14 22-0654 Closed due to change of ownership. 16 22-3242 Removed for 30 days 17 23-3260 Removed for 30 days 18 23-0018 Removed for 30 days 19 23-0019 Removed for 30 days 20 23-0021 Removed for 30 days 21 23-0022 Removed for 30 days 22. 23-0023 Removed for 30 days 23. 23-0477 Removed for 60 days 25 22-2937 Complied 26 22-3081 Removed for 30 days 28. 22-2909 Removed for 30 days Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 IV. NEW BUSINESS Case Hearing Case No. 22-3216 Kappes, Renee Property Address: 214 SW 10th Avenue This case was removed for 30 days. Case Hearing Case No. 22-3259 Kathryn Morrison Property Address: 330 SW 10th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain an approved building permit for newly installed front door. Contact Building department at 561/742-6350. Officer Bien presented this case, which was a routine inspection. The initial inspection date was December 14, 2022. This is not a repeat violator. Written Notice was issued on December 20, 2022, with 30 days to comply. Certified mail was sent on December 20, 2022, and a signed green card was dated February 23, 2023. The property owner applied for a permit yesterday, which has not yet been approved. The property was last inspected on March 15, 2023. This is not a health and safety hazard. The City recommends a compliance by April 18, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Morgan Steel was present on behalf of the applicant. He provided an affidavit allowing him to speak on her behalf. Ms. Zalman mentioned that the permit was applied for yesterday. Mr. Steel stated their door was damaged, so they called someone to replace the door. They have had some financial hardships over the last 60 days. They applied for the permit yesterday and this morning the application was kicked back for signatures, which were resubmitted. Ms. Zalman indicated the City is recommending $100 per day if this is not complied by April 18, 2023, and she wants to make sure they have enough time to go through the permit process. Mr. Steel requested an additional 30 days. Officer Bien stated the turnaround time is usually eight days. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman indicated she would allow 60 days for compliance and advised there is currently an administrative fine of $384.12, which must be paid; no fine has accrued as of this time. An order will be received via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 18, 20237 or a fine of$100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-0565 SFR XII Miami Owner 1 LP Property Address: 615 NW 3rd Street This case was closed due to change of ownership. Case Hearing Case No. 22-1797 Thompson Vernon Jr. TR Property Address: 821 NE 1St Street Property Type: Multi-Family Property Violation(s): CO CH 13 SEC 13-7 inclusive CO CH 13 SEC 16.6 Obtain a Business Tax Receipt and a Certificate of Use and Occupancy for the rental property. CO CH 15 SEC 15-120(D)1A Remove all inoperable vehicles and items stored outside. CO CH 15 SEC 15-120(D)AD Sod all bare areas and maintain to achieve a green appearance. CO CH 15 SEC 15-120E2 Repair/replace all cracked windows on exterior. Repair/replace damaged chain link fence. CO CH 10 SEC 10-86B Remove oxidation stains on exterior of property. LDR CH 4 ART 1 SEC 6 Remove dead or hazardous trees on property. Officer Estime presented this case, which was a routine inspection. This is not a repeat violator. Initial inspection was on June 21, 2022. A courtesy notice was given with 45 days to come into compliance. A signed green card was dated February 28, 2023. The property was last inspected on March 10, 2023. This is a health and safety violation. The City Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 recommends compliance by April 3, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Vernon Gray Thompson, owner, was present. Ms. Zalman indicated the City is recommending compliance by April 3, 2023; otherwise, there will be a fine of$150 per day. The Respondent stated grass is currently being laid and everything will be done this week. Ms. Zalman recommended staying in touch with the City to make sure he has a full list of the violations. The Respondent stated he is in constant touch. Ms. Zalman advised an order will be sent via mail. Administrative fees in the amount of $384.12 have accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 3, 20237 or a fine of$150 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2293 Dowells Investments, LLC Property Address: 20 Crossings Circle, D Property Type: Multi-Family Property Violation(s): As noted in Notice of Violation Officer Estime presented this case. Written Notice was issued with 30 days to comply. The property was posted on March 3, 2023. This is not a health and safety hazard. The City recommends compliance by April 18, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of April 18, 20237 or a fine of$100 per day, plus administrative fees of$384.12. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Case Hearing Case No. 22-2630 Thompson Vernon Jr. TR Property Address: 208 NE 10th Avenue Property Type: Multi-Family Property Violation(s): COH CH 15 SEC 15-120A1 a Please remove all items around and remove all inoperative vehicles. COH CH 18 SEC 15-120E1 E Please sod all bare areas of lawn. COH CH 10 SEC 10-86E Paint areas of fascia board missing paint. COH CH 15 SEC 15-120A2 Repair crack on property. Officer Estime presented this case, which was routine violation. Initial inspection was on July 7, 2022. A Courtesy Notice was issued on October 5, 2022, with 30 days to comply. A signed green card was dated February 8, 2023. The property was last inspected on March 9, 2023. This is a health and safety hazard. The City recommends compliance by April 3, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Vernon Gray Thompson, owner, was present. Ms. Zalman asked if tenant lives there. The Respondent stated that the tenant moved out on Sunday, so they can now have access to replace a cracked window. Ms. Zalman advised there must be compliance by April 3, 2023, or there will be a fine of $150 per day. Administrative fees in the amount of$384.12 have accrued, which must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 3, 2023, or a fine of$150 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-3303 Thompson Vernon, Jr. TR Property Address: 606 NE 1St Street Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Obtain permit for new fence. Contact Building Department to resolve. Officer Estime presented this case, which was a routine inspection. Initial inspection was on December 21, 2022. Written Notice was issued on December 28, 2022, with 30 days to comply. A signed green card was dated February 8, 2023. The property was last inspected on March 10, 2023. This is not a health and safety hazard. The City recommends compliance by April 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Vernon Gray Thompson, owner, was present. Ms. Zalman mentioned the City's recommendation is to be in compliance by April 18, 2023. She asked if the Respondent knew what needed to be done and if he had any questions. The Respondent stated the fence contractor and the City Planning and Zoning have a meeting, and hopefully he can speak to someone who can figure out exactly what is going on. He thinks there is a miscommunication about the rear of the property in front of the property. Ms. Zalman asked if the fence is already installed. The Respondent stated they submitted for a permit and were rejected. That is why they have been working with a fence contractor and the City to figure out exactly what the City wants. He is going to speak with the City after this meeting. Ms. Zalman extended the compliance date to April 28, 2023; otherwise, there will be a fine of$100 per day. An order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 28, 20237 or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-3304 Thompson V Jr. & Marjorie C Property Address: 614 NE 1St Street Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permit for new fence. Contact Building Department to resolve. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Officer Estime presented this case, which was a routine inspection. Initial inspection was December 22, 2022. Written Notice was given, with 30 days to comply. A signed green card was dated February 8, 2023. The property was last inspected on March 11, 2023. This is not a health and safety hazard. The City recommends April 18, 2023, or a fine of $100 per day, plus administrative fees in the amount of $384.12. He requested an additional ten days for compliance, to April 28, 2023. Vernon Gray Thompson, owner, was present. Ms. Zalman advised the compliance date would be extended to April 28, 2023; otherwise, there will be a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued, and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 28, 20237 or a fine of$100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 23-0383 Go Ka Hock D & Jeanne Property Address: 301 West Boynton Beach Boulevard Type of Property: Commercial Property Violation(s): As noted in Notice of Violation Officer Estime presented this case. Written Notice was issued on February 7, 2023. The property was last inspected on February 6, 2023. This is not a health and safety hazard. The City recommends $100 for the first violation, plus administrative fees in the amount of$384.12. This is for an oversized truck and it is a first offense. Ms. Zalman asked if Officer Estime wants an Abatement Order. Officer Estime replied just a fine. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a fine of$100, plus administrative fees of$384.12, for a total of$484.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Case Hearing Case No. 22-2746 USCMF District at Boynton LLC Property Address: 100 Audace Avenue, Master This case was complied. Case Hearing Case No. 22-3069 Robertson Sheldon I Property Address: 33 Lawrence Lake Drive This case was complied. Case Hearing Case No. 23-0522 Northland Luagno LLC Property Address: 1400 Via Lugano Circle Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Floor barrier needs to be repaired immediately. Officer Hill presented this case, which was a citizen's complaint. Initial inspection date was February 14, 2023. This is a health and safety hazard. This is not a repeat violator. Written Notice was issued on February 22, 2023, with ten days to comply. Certified mail was sent on February 22, 2023, and the property and City Hall were posted on March 4, 2023. She is in constant communication with the Property Manager, Carrie, who stated they made temporary barriers all around the areas of the fence and are in the process of getting permits to make final repairs. The property was last inspected on March 13, 2023. The City recommends compliance by April 3, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Karen Beckham was present. She presented an affidavit allowing her to speak on behalf of the Respondent. Ms. Zalman indicated the City is recommended compliance by April 3, 2023; otherwise there will be a fine of$150 per day, plus administrative fees in the amount of$384.12. An order will be sent via mail. Ms. Beckham stated they are getting bids for the work. She noted the work will never be done by April 3, 2023. Ms. Zalman advised she could not extend the compliance date since this is a health and safety hazard unless the City recommends that to her. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Officer Hill stated she checked with John Kuntzman, Building Official, and he said the repair is not sufficient. Ms. Zalman commented that she has evidence that this is a health and safety issue. An order will be sent via mail. Any questions regarding additional safety issues should be directed to the Building Official for suggestions. Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 3, 2023, or a fine of$150 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-0210 Schlesinger Lidor Property Address: 210 SE 4th Avenue, #2 Property Type: Multi-Family Property Violation(s): COH CH 13, SEC 13-17 Apply for or pass inspection for a Certificate of Use and Occupancy. COH CH 13 SEC 13-16 Obtain Business Tax Receipt. COH CH 15 SEC 15-120D1 E Sod the front yard. Officer Hart presented this case, which was a routine inspection. Initial inspection date was January 24, 2022. Written Notice was issued on January 26, 2022, with 30 days to comply. Notice was posted on the property and City Hall on March 3, 2023. As of this date, a Certificate of Use and Occupancy has not been applied for the years of 2022 or 2023, and sod has not been laid. The property was last inspected on March 15, 2023. The City recommends compliance by April 18, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of April 18, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0654 T M Milo Properties LLC Property Address: 522 SE 20th Court Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Closed due to change of ownership. Case Hearing Case No. 22-2781 Maloney Theresa H & Thomas Property Address: 641 East Woolbright Road, D301 Property Type: Multi-Family Property Violation(s): COH CH 13 SEC 13-7 Inclusive Apply for or pass inspection for a Certificate of Use and Occupancy. Please contact Building Department at 561- 742-6350 for details. COH CH 13 SEC 13-16 Per City of Boynton Beach Code of Ordinances, a Certificate of Use application and Home Inspection is required for home rental. LDR CH 2 ART 4 SEC 2A2 Please obtain permit for air conditioning. Please contact Building Department at 561-742-6350 to resolve. Officer Hart presented this case, which was a routine inspection. Initial inspection was on October 5, 2022. Written Notice was issued on October 12, 2022, with 14 days to comply. Certified Mail was sent on December 7, 2022, and a signed green card was dated December 21, 2022. The property was last inspected on March 3, 2023. The City recommends compliance by April 18, 2023, or a fine of $75 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of April 18, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-3242 Snug Harbor Condo Assoc Property Address: 646 Snug Harbor Drive This case was removed for 30 days. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Case Hearing Case No. 22-3260 DAT Dream LLC Property Address: 515 SE 23rd Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Fence installed along west side of vacant lot. Fence is over six feet tall, so Building and Planning and Zoning permits are required. Please obtain required permits for approved portion of fence in violation. Officer Hart presented this case, which was a routine inspection. Initial inspection date was on December 5, 2022. Written Notice was issued on December 19, 2022, with 30 days to comply. Certified Mail was sent January 25, 2023, and a green card was signed and dated on February 6, 2023. The Respondent has not applied for a permit for the unpermitted fence. The property was last inspected on March 13, 2023. The City recommends compliance by April 18, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of April 18, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0018 BB South LLC Property Address: 114 SE 3rd Street This case was removed for 30 days. Case Hearing Case No. 23-0019 BB South LLC Property Address: 120 SE 3rd Street This case was removed for 30 days. Case Hearing Case No. 23-0021 BB South LLC Property Address: 411 SE 1St Avenue Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 This case was removed for 30 days. Case Hearing Case No. 23-0022 BB South LLC Property Address: 412 East Ocean Avenue This case was removed for 30 days. Case Hearing Case No. 23-0023 BB South LLC Property Address: 404 East Ocean Avenue This case was removed for 30 days. Case Hearing Case No. 22-0477 Cheney Rebecca L Property Address: 275 High Point Boulevard, D This case was removed for 60 days. Case Hearing Case No. 22-2402 Jerome Marie L Property Address: 2820 SE 2nd Street Property Type: Multi-Family Property Violation(s): COH CH 13 SEC 13-7 inclusive COH CH 13 SEC 13-16 Please obtain a Business Tax License and pass inspection Certificate of Use and Occupancy. Officer Karageorge presented this case, which was a routine inspection. Initial inspection date was August 29, 2022. This is a repeat violator. A Courtesy Notice was issued on September 1, 2022, with 21 days to comply. The property and City Hall were posted on January 30, 2023. While conducting a routine inspection, found a "For rent" sign in the yard. Spoke to the owner's son, who said he was living there and not paying rent. He explained that the owner needs to get a Business Tax exemption and as of this date, the exemption has not been taken care of. The City recommends compliance by April 18, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Terrence Jones was present along with his mother, Marie Jerome. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman indicated that the City is saying there was a "For rent" sign on the property and when there is a property for rent there must be a Business Tax Receipt. In response, Mr. Jerome stated he is living there, is not a tenant, so his mother should not have to have a Business Tax Receipt; therefore, they need to contact the City to get an exemption. Mr. Jones stated he is not the brother the Officer spoke to. His wife and his mother purchased the house in 2017, and he was living on one side with his wife and his mother was living on the other side. In 2021, he and his wife bought a single-family home and moved out, so his brother moved in, but he does not pay rent. He was not aware the "For rent" sign was there. Ms. Zalman advised if they want to rent out the space, they need a Business Tax Receipt. If it is family owned and family living there, they need to decide one way or the other. Mr. Jones clarified they are not collecting rent from anyone, and they are not renting anything. Ms. Zalman asked if the owner is currently living there. Mr. Jerome stated his mother lives on one side. Ms. Zalman commented that the question is if a Business Tax Receipt has to be applied for even if a family member is living there. Officer Karageorge stated because of the signage and the implication, it appeared it was being rented and the mail was going to the owners at the same address. It is a duplex, and one half of the duplex was where the "For rent" sign was. At that point, if there is family there, they should fill out an exemption form. Ms. Zalman mentioned that the City has certain protections they have to do when there is a possible rental. They have to make sure the place is appropriate for rental. She asked why Mr. Jerome's brother has not applied for an exemption. Mr. Jones stated he was not aware of this. A few weeks his mother brought this to his attention because his wife's name is on there. Ms. Zalman advised Mr. Jerome's brother needs to say he is a family member and sign the paperwork. Officer Karageorge stated it is not the brother who has to do that, it has to be the owners, it has to be Marie and Farrah. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman commented that this started because there is evidence in the file that it could be a rental. She noted the deadline is April 18, 2023; otherwise, there will be a fine of $100 per day. She recommended coordinating to do that as soon as possible. Administrative fees in the amount of$384.12 have accrued, which must be paid. Supervisor Pierre advised they could go there or go online. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of April 18, 2023, or a fine of$100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2937 Estates of Heritage Club Property Address: 3700 Jamestown Lane, Club H This case was complied. Case Hearing Case No. 22-0381 Irma C. Nebruegge Property Address: 3117 Fernwood Drive This case was removed for 30 days. Case Hearing Case No. 22-2898 Jorge S & Henry Ramirez Property Address: 31 Crossings Circle, F Property Violation(s): CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 16-6 Obtain a Business Tax Receipt and Certificate of Use and Occupancy for the rental property. CO CH 10 SEC 10-56(D) Please repair exterior structure. CO CH 10 SEC 10-56H All structures shall be kept free from insects and rodent infestation. Officer Mohorn presented this case, which was a citizen's complaint. Initial inspection date was on October 20, 2022. A Courtesy Notice was issued on October 21, 2022, with 10 days to comply. Notice was posted on the property and City Hall on March 3, 2023. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 The property was last inspected on March 14, 2023. The City recommends compliance by April 18, 2023, or a fine of $150 per day, plus administrative fees in the amount of $384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of April 18, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2909 SAB Boynton Holdings LLC Property Address: 2212 North Congress Avenue This case was removed for 30 days. Fine Certification Hearing Case No. 22-2295 Louidort Janelle Lumene Peter Property Address: 416 NW 9t" Avenue Officer Estime presented this case. The Special Magistrate Hearing date was January 18, 2023, and the Respondent did appear. A compliance date was set for February 6, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on February 7, 2023, and the violation still exists. There are 36 days of noncompliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $2,700, plus administrative fees in the amount of$384.12, for a total of$3,084.12. Peter Luemen, owner, was present. Ms. Zalman questioned the status of compliance. The Respondent stated he spends most of his time on the West Coast. These vehicles belong to his friends. Ms. Zalman suggested the Respondent think about moving his friends or hiring an attorney. She noted he might also want to consider having your mail forwarded. The Respondent stated he is going to call a towing company. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman advised an order will be sent via mail. She noted that as of this date$3,084.12 have accrued and continues to accrue at $75 per day. She suggested the Respondent contact his Code Officer upon completion so the property can be inspected. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $3,084.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2425 Sem Po Ying Property Address: 132 NW 4t" Avenue Officer Estime presented this case. The Special Magistrate Hearing was January 18, 2023, and the Respondent did appear. A compliance was set for February 18, 2023, or a fine of $250 per day, plus administrative fees. The property was last inspected on February 20, 2023, and the violations still exist. There are 24 days of noncompliance and the fine continues to accrue at $250 per day. As of this date, the fine is $6,000, plus administrative fees in the amount of$384.12, for a total of$6,384.12. Ms. Zalman asked if anything has been done to the property. Officer Estime replied it is under contract. There are a lot of items that need to be corrected in the interior. The Respondent has contacted him about other properties, but not about this property. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $6,384.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2557 FKH SFR Propco B HLD LP Property Address: 1204 NW 5t" Street Officer Estime presented this case. The Special Magistrate Hearing was January 18, 2023, and the Respondent did appear. A compliance date was set for February 6, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on February 7, 2023, and the violations still exist. There are 36 days of noncompliance and Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 the fine continues to accrue at $75 per day. As of this date, the fine is $2,700, plus administrative fees of$384.12, for a total of$3,084.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $3,084.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1498 Meyernik Mary Property Address: 305 East Ocean Avenue, 108 Officer Hart presented this case. The Special Magistrate Hearing was September 21, 2022, and the Respondent did not appear. A compliance date was set for October 21, 2022, or a fine of$25 per day, plus administrative fees. The property was last inspected on March 13, 2023, and the violations still exist. There are 145 days of noncompliance and the fine continues to accrue at $25 per day. As of this date, the fine is $3,625, plus administrative fees of$384.12, for a total of$4,009.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $4,009.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-2397 2107 SE 3rd St LLC Property Address: 2109 SE 3rd Street Officer Hart presented this case. The Special Magistrate Hearing was January 18, 2023, and the Respondent did not appear. A compliance date was set for February 6, 2023, or a fine of$150 per day, plus administrative fees. The property was last inspected on March 13, 2023. There are 37 days of noncompliance and the fine continues to accrue at $150 per day. As of this date, the fine is $5,550, plus administrative fees in the amount of $384.12, for a total of$5,934.12. Larry MstroPierre, owner, was present. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman indicated this has not been brought into compliance, so there is not much going on. This Hearing is a determination of the fine amount. The fine is accruing at $150 per day and the current fine is $5,934.12. She questioned the status. The Respondent stated they received notification, and he reached out to Officer Weixler to schedule a meeting and walk through the property in January. He did not receive a response, so he continued to call and email Officer Weixler, and he finally returned the call. When asked why he did not come to the property, Officer Weixler said that was no longer his responsibility, he needs to speak with Pierre Lionel. According to the list, almost off the violations were resolved except one, which he was waiting on clarification for. His Business Tax Receipt for 2023 was paid already, but somehow the City did not register the 2022 payment, so he also paid that immediately. He has a copy of the receipt and a Business License for 2023. The permit requested was resolved and the other permits were more complicated. After he met with Officer Weixler, he said they already had the Hearing, which he was unaware of. He finally hired an attorney to get a hold of Officer Weixler, and he requested photos be sent of what he would like them to do. He believes Officer Weixler never responded. The list says something about unpermitted work, but it is unclear. Ms. Zalman recommended scheduling a meeting to determine what is left on the list, so it can be closed out. The Respondent stated he met Officer Weixler at the property, and they walked through the list and a picture was shown, which he was never given. It is unfair that the fine is accruing since he met with Officer Weixler and was already working on this. He questioned the best action for him to close the case. Ms. Zalman asked if Officer Hart had any recommendations. Officer Hart stated there were some photos in the file and a Red Tag dated 02-07-23, from the Building Department for interior renovations. The Respondent indicated he never received a Red Tag. Ms. Zalman asked if the Respondent is saying additional things are coming up outside. The Respondent thinks Officer Weixler went back and Red Tagged him again. Ms. Zalman asked who is assigned to this. The Respondent stated that was also the confusion. Officer Hart indicated this is Officer Weixler's case as far as he knows. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman mentioned the address in Public Records and asked if mail goes to the property address or to the secondary address. The Respondent stated mail goes to the secondary address. Candice Stone, Community Standards Director, advised they are talking about a permit, but they are here to certify the fine on the Business Tax Receipt and the Certificate of Occupancy Receipt, which the Respondent says he has. The Respondent stated those were sent to Pierre and Officer Weixler. Ms. Stone indicated that information needs to be provided because they are looking in the system and it shows the Respondent does not have that. The Respondent reiterated he has a 2023 Business Tax Receipt that was mailed. Ms. Stone stated this should be a separate case. Ms. Zalman advised that the issue is that there is a fine accruing because of a missing Business Tax Receipt. Officer Hart clarified this is for 2107 SE 3rd Street, A. The Respondent stated it is one parcel. He thinks that is also shown in Public Records. Ms. Zalman mentioned the inspection Officer Weixler gave showed it was not in compliance. She asked who did last inspection to show it was not in compliance. Supervisor Pierre advised Officer Weixler cited the Respondent for a Business Tax Receipt and during the inspection, Officer Weixler found out there were no permits and then they Red Tagged the place. Basically, this case is for a review. Ms. Zalman questioned when the property was last checked. Mr. Hartman stated the Certificate of Use/Business Tax Receipts expires on September 30, 2023, issued on January 5, 2023. Ms. Zalman asked when the Business Tax Receipt was paid. The Respondent stated it was paid the end of December or early January. Ms. Zalman mentioned at the beginning of the Hearing, Officer Hart stated that he checked, and the violations still exist. She questioned when it was checked. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Officer Hart checked 2109 on March 13, 2023. Ms. Zalman commented that as of two days ago he looked at the file in the system, which shows it was not done. The Respondent thinks there is confusion between 2107 and 2109. Officer Hart stated there is 2107 SE 3rd Street and 2109 SE 3rd Street. 2109 was the actual address that was cited. It is one parcel. The Respondent asked what date the Special Magistrate Hearing was held. Officer Hart replied that the Hearing date was January 16, 2023. Ms. Stone commented that it says one parcel, but she asked if they are two units. The Respondent stated it is two buildings on one parcel. Supervisor Pierre thought it would be best to postpone this and come back to clarify. Ms. Stone stated they need to table this and conduct research. If there are different units within this parcel, the Respondent could have purchased a Business Tax Receipt for one side when two are needed. Ms. Zalman advised there are two options; ask the Respondent to email proof of the Business Tax Receipt and Certificate of Occupancy and ask Officer Weixler to send proof that it was still in violation as of January 16, 2023, when the Hearing was held, or they can just rehear this case. Ms. Stone suggested tabling the case, so they can conduct research. Ms. Zalman questioned if the code violation was only for the Business Tax Receipt or if anything else was listed. Officer Hart stated it looked like for the January 18, 2023 Hearing it was permit required for interior renovations and Certificate of Occupancy and Business Tax Receipt for rental units. Ms. Zalman indicated there are two things; there is a Business Tax Receipt, which looks like it has been resolved, and a permit for interior renovations. She needs assurance that is all closed and what date they were closed, so there can be a recalculation when the fine started or ended. She advised she was not going to enter an Order and was going to put this on hold, so staff could research the file. In the meantime, the Respondent might want to have a mini timeline with dates everything was done. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 The Respondent stated he needs clarity from anyone as to what they wanted fixed. He will pay for it; his General Contractor is trying to do it and has been trying for months. If anyone can respond to his email with photos of what they want done, he can have the General Contractor go the Building Department and find out what permits are needed. Ms. Zalman advised the Respondent needs to separate what was on the Notice of Hearing for January 18, 2023, because there might be new existing violations. She needs to know when that specific issue was open. Ms. Stone indicated she will get the information needed. They are going to table this, so she can review this case. Ms. Zalman thinks there are some open issues, but there is confusion, and the Respondent is not getting the answers he needs. She noted the fine is still running. Decision This case was tabled, so research could be conducted. Fine Certification Hearing Case No. 22-0338 Tarca Donald E Jr. Property Address: 1086 SW 25th Place Officer Hart presented this case. The Special Magistrate Hearing was September 21, 2022, and the Respondent did not appear. A compliance date was set for October 21, 2022, or a fine of$25 per day, plus administrative fees. The property was last inspected on March 13, 2023, and the violation still exists. There are 155 days of noncompliance and the fine continues to accrue at $25 per day. As of this date, the fine is $3,875, plus administrative fees in the amount of$384.12, for a total of$4,259.12. Donald Tarca, Jr., owner, was present. Ms. Zalman questioned the status of bringing this into compliance. The Respondent stated he is trying. He built the shed because from what he read, he did not need a permit. Ms. Zalman indicated this is a Fine Certification Hearing, not a Case Hearing to determine if there is a violation, that has already passed. Today, she is determining the amount of the fine. The Respondent has been told by the City that nothing was occurring. He spoke with the Building Department multiple times, and they gave him some names. This is the first hear Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 heard that he is not in compliance and that he is accruing fines. He called about the first meeting. and he was told that the case would be postponed. Ms. Zalman requested Officer Hart show the Respondent the Order that was issued. Officer Hart stated he spoke with the Respondent. A Notice of Hearing was sent Certified Mail was sent, and he showed it to the Respondent. He noted the Certification Hearing was rescheduled after the fact, but the first time he spoke with the Respondent was after he had a heart attack. Ms. Zalman commented that after that Notice of Hearing came, the Respondent should have received an Order stating the he was accruing $25 per day starting in October. He recommendation is to bring this into compliance, then apply for a Lien Reduction once it is in compliance, and bring in a timeline of what happened with his medical issues, etc. There are mitigating circumstances to help lower the cost. Officer Hart provided a letter dated October 26, 2023. The Respondent stated that was ten days after his heart attack. Ms. Zalman indicated that is a mitigating circumstance because of medical issues, which can be brought up during a Lien Reduction Hearing. The first priority is to bring this into compliance. The Respondent stated his problem is trying to find an Engineer. From what he read, he does not need a permit to build a shed. Ms. Zalman asked what the Building Department says about that. The Respondent advised the Building Department is saying it is determined by the Building Official. He built a shed that was 96 square-feet thinking he did not need a permit because it is less than 100 square feet. Now the Building Department wants a professional Engineer drawing with specs and calculations. Officer Hart stated usually what happens with sheds is they are under 100 square feet they are a prefab. A permit is still required for placement from Planning and Zoning to make sure the proper setbacks are met. The Respondent commented that when he spoke with the city, nothing was ever mentioned that this was a Zoning permit. He complied with everything Zoning. Officer Hart stated the shed is not a prefab, it was built. The prefabs that come from Home Depot and other places are already certified and engineered and that is why they are allowed. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Candice Stone, Community Standards Director, indicated that this sounded familiar, and noted that the Respondent has spoken to the Assistant City Manager and Salethia Brown, who is in charge of the Incident Crew in January. They provided clear direction and Ms. Brown also offered to assist. She asked if the Respondent has met with Ms. Brown for a meeting scheduled on January 20, 2023, like she asked him to, so they could go over the permit requirements. The Respondent stated he came to the City and spoke to someone. Ms. Stone indicated they are giving clear direction, so he needs to go to Intake and speak with Michael Griffin. Ms. Zalman asked where the Respondent got the information he read regarding the shed. The Respondent replied it was on the City of Boynton Beach website. Officer Hart read code requirements for the shed. As determined by the Building Official, permits shall not be required for the following and seven items are listed. The seventh item is the installation of one accessory building, tool shed, etc., per single-family resident lot, with the accessory building having a size of less or equal than 100 square feet. There is an ordinance that requires a permit per the Building Official. Ms. Zalman clarified that it says permits shall not be required for tool sheds less than 100 square feet. There is also testimony that other types of permits might be required for Planning and Zoning. The Respondent understands the Planning and Zoning permit and he does not have a problem with that. One section of code says he needs a permit and another section says you do not need a permit or you might need it. Ms. Zalman would like to know what they are asking the Respondent to get, if it is a Building permit or a Zoning permit. The Respondent stated the last time he spoke with them they wanted a certified drawing from an Engineer with specs and calculations. Officer Hart brought witness, Assistant Building Official, Michael Balayot. Ms. Zalman indicated they have some paperwork that was supposedly off the City of Boynton Beach website, under 105.2, that has exemptions for items that do not require a permit, which includes a shed under or equal 100 square feet. There is some confusion because the Respondent built a shed that is less than 100 square feet and now is told he needs a permit. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Mr. Balayot stated the Section they are talking about is 105.2. At the beginning of the Section, it says certain items are exempt from permitting, but the last sentence of that paragraph has a condition that says, "As determined by the Building Official, permits shall not be required for the following". Item 7 is the shed that is in question. He confirmed with Building Official, John Kuntzman, that anything under 100 square feet, if it is premanufactured, does not require a Building permit. In this instance, it is a site built structure, so it requires a Building permit. The Respondent commented that the City is assuming everyone goes out and gets a shed. It just says a shed. He read this as he did not need a Building permit. Ms. Zalman agreed. She thinks the way it is written can be interpreted as determined by the Building Official, the following does not need like it has almost been determined. She has no ability to change or alter the code and she has to enforce the codes as they see fit. There might be an argument that it could have been written a little better. A lengthy discussion ensued regarding a Building permit being required for the shed. The Respondent emphasized he was under the impression he only needed a Zoning permit and was never told he needed a Building permit until January 20, 2023. The Respondent replied in order to get a Building permit he needs drawings for something he already built. Ms. Zalman stated there is a problem with the language because it says, "As determined by the Building Official, permits shall not be required for the following". This language as written is saying it has already been determined, it is ED, in the past. The Respondent is correct, that is what this says. What needed to happen before building the shed was to meet with Building and tell them you are putting this up and it sounds like a permit is not needed. She understands what the Respondent is saying. Mr. Balayot commented they can add that section in #7. Ms. Zalman stated the problem is that the shed is unauthorized. It is not currently approved and she cannot change that. She understands why there is a misunderstanding, it is clear, and she agrees with the Respondent 100%. The shed needs to be permitted. The Respondent reiterated before the first Hearing he was told only a Zoning permit was needed, not a Building permit. Mr. Balayot indicated the paperwork provided by the Respondent is feedback, it is not actual approval, It is still disapproved in the review cycle since April 2022. Ms. Zalman commented that it is not approved yet, it is still in the system. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Candice Stone, Community Standards Director, read the email dated January 12, 2023, sent to the Respondent from Saltheia Brown. The Respondent stated when he talked to them, he was told not to reapply because there is only a certain window. That is when they told him he needed a Building permit. Mr. Balayot commented if there was a request to apply for a permit, they would ask the Building Official's opinion on the matter, to make sure they get the appropriate permits. He has no knowledge of that being done in this case. The Respondent was going to reapply, and they recommended that he not reapply because of the window. This was the first time they told him the shed needed a Building permit. All the times before that he was under the impression it was just the Zoning permit. Ms. Zalman advised the Zoning permit has not been approved; that process has not been finished. Nothing has been approved as of this date and the Building Department needs more information for everything. It sounds like he needs to meet with the Building Official. It is before her that a Notice of Hearing was sent to the Respondent. She suggested the Respondent schedule a meeting with everyone in the Building Department, so he will not incur anymore fees or fines. Meanwhile, while this case is open, the fine is $25 per day. Her recommendation is to file for a Lien Reduction. She thinks part of the fine should be accruing because he has not received approval on the Zoning issue yet. Decision As no one was present to testify, Ms. Zalman certified the fine for $$4,259.12. Lien Reduction Hearing Case No. 19-2494 Del Castillio Ulises & Moran Property Address: 710 SW 27th Terrace Property Violation(s): As stated below. Supervisor Pierre presented this case. Initial violation date was August 23, 2019. The Special Magistrate Hearing was December 1, 2022, and no one appeared. A compliance date was set for February 11, 2022, or a fine of $50 per day. The Respondent complied on October 10, 2022. There are 832 days of noncompliance at $50 per day. As of this date, the total fine is $41,600, plus administrative fees in the amount of $384.12, for a total of$41,984.12. Sean Iglehart, owner, was present. Mr. Iglehart stated that he purchased the property last year, but this was the first time he heard about the total lien. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman asked how much he paid for the house. Mr. Iglehart replied it was $550,000. Ms. Zalman indicated that as of this date, the lien on the home is $41,600, plus administrative fees of$384.12. They are here for the reduction of the $41,600. The City's recommendation is a 15% reduction, and they are asking for a reduction to $6,240 plus administrative fees of$384.12, for a total of$6,624.12. This must be paid within 90 days or it reverts back to the full lien. Mr. Iglehart asked if there is beautification program where he can apply some of that fee towards the property with landscaping. Supervisor Pierre replied no. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $6,624.12, which includes administrative fees in the amount of$384.12. Lien Reduction Hearing Case No. 20-3114 TAH 2017 2 Borrower LLC Property Address: 121 SW 7t" Avenue This case was removed for 30 days. Lien Reduction Hearing Case No. 22-0213 Kalafat Huseyin U Property Address: 7 Rogart Circle Property Violation(s) As stated below. Supervisor Pierre presented this case. The Special Magistrate Hearing was on August 17, 2022, and no one appeared. A compliance date was set for September 11, 2022, or a fine of$75 per day. The Respondent complied on January 9, 2023. There are 33 days of noncompliance. As of this date, the total fine is $2,650, plus administrative fees in the amount of$384.12, for a total of$3,034. Tugrur Kalafat, owner, was present on behalf of his brother. Ms. Zalman indicated there is a lien of$2,650, plus administrative fees of$384.12. Mr. Kalafat provided a copy of a Certified letter he received showing the lien was $5,750. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 15, 2023 Ms. Zalman advised that they would go with the lesser number because that is what is before them. The amount is $2,650 and she asked what the Respondent was hoping to pay. Mr. Kalafat stated he is willing to pay administrative fees but requested forgiveness for the rest of the lien. Everything was taken care of on time except one permit. After the application was filed, there was a hurricane, then Thanksgiving and the holidays, and he does not think he should be punished for the processing time. Ms. Zalman asked if this is the Respondent's Homestead property. Mr. Kalafat replied it is his brother's property. Ms. Zalman commented that this is an investment property, and his brother is renting out apartments. The City's recommendation is to reduce the lien to $530, plus administrative fees of$384.12, for a total of$914.12. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:25 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 27