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Minutes 07-19-23 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, JULY 19, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Administrative Supervisor Community Standards Candace Stone, Community Standards Director Monica Higuero, Community Standards Associate Isis Sablon, Community Standards Associate Brandon Chevalier Bien-Aime, Community Standards Specialist Patrick Hart, Community Standards Outreach Coordinator Gayla Hill, Community Standard Outreach Coordinator Calim Estime, Community Standards Specialist Mark Karageorge, Community Standards Specialist Luney Guillaume, Community Standards Specialist Miranda Mohorn, Community Standards Specialist I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:11 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 There were no changes to the agenda. IV. NEW BUSINESS Case Hearing Case No. 22-1240 RAAMS BASTIAAN Property Address: 506 SE 20TH CT Type of Property: SINGLE FAMILY Property Violation(s): LDR CH2 ART IV SEC. 2a2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Officer Chevalier Bien-Aime presented this case. This property owner has applied for an extension of time and has paid the administrative fees. The Respondent is requesting the compliance date be moved to October 30, 2023. Ms. Zalman said this is not a fine certification hearing. Ms. Guim explained the Respondent's case was previously heard and has an existing order. Ms. Zalman requested to see the order and summarized the decision. Ms. Zalman asked about the extension. Officer Chevalier Bien-Aime said the Respondent obtained the fence permit. He reached out to the Building Department to see if he needed a permit for the existing shed but did not receive a response. He forwarded his emails to Officer Chevalier Bien-Aime. Bastian Raams, owner, was present. Mr. Raams said he uploaded pictures and documentation to prove the shed was moved but he did not hear back from the City. He said he had a new survey done to show where the shed was located but the City wants the shed rebuilt. He noted he is having a hard time finding an engineer willing to sign off on a 30-year-old shed. He confirmed his hardship because he had to pay $30,000 in municipal liens to purchase the home. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to October 30, 2023. It was noted that administrative fees have already been paid in the amount of $384.12. Ms. Zalman stated that an amended order will go out. Case Hearing Case No. 23-0021 BB SOUTH LLC Property Address: 411 SE 1 st Avenue The case complied prior to the hearing. SPECIAL MAGISTRATE ORDER WAS RESCINDED BY THE SPECIAL MAGISTRATE. Case Hearing Case No. 23-0555 WEITENDORF INGRID Property Address: 1916 SW 18th St Property Type: SINGLE FAMILY Property Violation(s): CO CH 13 SEC 13-16 Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Per City of Boynton Beach, Code of Ordinance says a Business Tax Receipt is required for rental property of a home or condominium. Contact the Building Department at 561-742-6350 to resolve. CO CH 13 SEC 13-7 inclusive Please apply for and pass inspection for a Certificate of Use and Occupancy for rental property. Contact 561-742- 6350 to resolve. Officer Chevalier Bien-Aime presented this case. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0829 SFR XII NM MIAMI OWNER 1 LP Property Address: 319 SW 9th Ave Property Type: SINGLE FAMILY Property Violation(s): CO CH 13 SEC 13-16 Per City of Boynton Beach, Code of Ordinance says a Business Tax Receipt is required for rental property of a home or condominium. Contact the Building Department at 561-742-6350 to resolve. CO CH 13 SEC 13-7 inclusive Please apply for and pass inspection for a Certificate of Use and Occupancy for rental property. Contact 561-742- 6350 to resolve. Officer Chevalier Bien-Aime presented this case. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Case Hearing Case No. 22-3209 JOHNSON ISIDORA R Property Address: 608 NW 5t" St. Property Type: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Estime presented this case, which was a routine inspection. The initial inspection date was December 9, 2022. This is not a repeat violator. A courtesy notice was issued on, December 14, 2022, with 30 days to comply. Proof of service green card was signed on June 6 , 2023. The property was last inspected on July 10, 2023. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1594 CLARK NINA Property Address: 1017 N Railroad Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): As noted in Notice of Violation Officer Estime presented this case, which was a citizen complaint. The initial inspection date was May 19, 2023. This is not a repeat violator. A courtesy notice was issued on May 19, 2023, with 3 days to comply. The property was posted on July 7, 2023. A neighboring daycare employee reported bees on the property. The case was originally scheduled for June 2023 hearing but was removed due to the daycare being closed. The bees are still located on the property. This is a health and safety hazard. The City recommends compliance by July 28, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Nina Clark, owner, was present. Ms. Zalman said Ms. Clark needs to hire a beekeeper. The Respondent said she has called around and a beekeeper is looking for approximately $1,000 and it is cost prohibitive. Officer Estime stated that the City does not have any recommendations for a bee removal service. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Ms. Zalman suggested the Respondent tries to work out a payment plan with a beekeeping service. The Respondent said the tree trimming has been completed. Ms. Zalman told the Respondent to call her Code Officer, so they are aware, and fines do not continue to accrue. The Respondent said she is not currently working. Decision Due to evidence and testimony, Ms. Zalman is holding the accrual of a fine of $150 per day and administrative fees in the amount of$384.12. She ordered a compliance date of July 28, 2023, or a fine of$150 per day, plus administrative fees of$384.12. *** If the Respondent (s) will not comply by July 28, 2023, the City has the right to proceed to remove the bee infestation from the property without further notice. The violation will be abated by a vendor hired by the City. The daily fine shall continue until such date the bees are removed. Case Hearing Case No. 23-0015 DERISCA LEVOYANT & ERVILIA Property Address: 713 NW 8t" Ct. Type of Property: Single-Family/Non-Homesteaded Property Violation(s): CO CH 13 SEC 13-16 Per City of Boynton Beach, Code of Ordinance says a Business Tax Receipt is required for rental property of a home or condominium. Contact the Building Department at 561-742-6350 to resolve. CO CH 13 SEC 13-7 inclusive Please apply for and pass inspection for a Certificate of Use and Occupancy for rental property. Contact 561-742- 6350 to resolve. Officer Hill presented this case, which was a routine inspection. The initial inspection date was January 4, 2023. This is not a repeat violator. A courtesy notice was issued on January 9, 2023, with 10 days to comply. Certified mail was sent on May 23, 2023, and a signed green card was received on June 6, 2023. During the property inspection with the owner, the were tenants advised they were running a group home that requires its own separate tax receipt. To date, they have not obtained their license. The property was last inspected on July 18, 2023. This is not a health and safety hazard. The City recommends compliance by August 2, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Levoyant Derisca, owner, was present. The Respondent spoke to the tenants, and they were told by the City they need to install a fire sprinkler in the house. He said they have not yet applied for a BTR. Ms. Zalman asked how long it takes to obtain a BTR. Ms. Hill said if the tenants complied with the sprinkler and submitted their documents today, they would have enough time to obtain their BTR by August 2, 2023. Ms. Zalman encouraged The Respondent to remind the tenants of the deadline. The Respondent requested an extension. Officer Hill had no objection to a 30-day extension. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 5, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0332 WOJV BOYNTON BEACH LLC Property Address: 1 Stanford Park Parcel Control #: 08434508040020000 Type of Property: Vacant Lot Property Violation(s): As noted in Notice of Violation Officer Hill presented this case, which is a citizen's complaint. The initial inspection date was February 2, 2023. This is not a repeat violator. A courtesy notice was issued on February 6, 2023, with 120 days to comply. Certified mail was sent on June 29, 2023, and was posted on the property and City Hall on July 3, 2023. The property was last inspected on July 12, 2023. This is a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of$150 per day, plus administrative fees in the amount of $384.12. Additionally, the owner must install a temporary safety barrier until they can obtain permits to replace the sidewalks. Ms. Zalman asked if they want an abate order as well. Officer Hill said no. Ms. Guim recommended a short compliance date for the barrier installation and August 23, 2023, for the rest. Officer Hill agreed. Ms. Zalman also agreed. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of 10 days for the temporary barrier installation and August 23, 2023, for the remaining items, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 23-0356 WOJV BOYNTON BEACH LLC Property Address: 7191 High Ridge Road Parcel Control # 08434508010000071 Type of Property: Vacant Lot Property Violation(s): As noted in Notice of Violation Officer Hill presented this case, which is a citizen's complaint. The initial inspection date was February 2, 2023. This is not a repeat violator. A courtesy notice was issued on February 6, 2023, with 120 days to comply. Certified mail was sent on June 30, 2023, and was posted on the property and City Hall on July 3, 2023. The property was last inspected on July 12, 2023. This is a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of$150 per day, plus administrative fees in the amount of $384.12. Additionally, the owner must install a temporary safety barrier until they can obtain permits to replace the sidewalks. The owner was not present. Discussion ensued about the daily fine. Ms. Zalman recommended $75 per day, plus administrative fees, for this case. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of 10 days for the temporary barrier installation and August 23, 2023, for the remaining items, or a fine of$150 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-2633 ROBERTO CANCOUL & SANOZIER M. Property Address: 2180 N Seacrest Blvd. Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Please obtain a building permit through the City's Building Department for windows and a wood fence. Contact 561- 742-6350 to resolve. Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was September 9, 2022. This is not a repeat violator. Written notice was issued, with 30 days to comply. The green card was signed on June 9, 2023. The property was last inspected on July 17, 2023.The City recommends compliance by August 20, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked if this was pending since last year. Mr. Guillaume replied yes. Roberto Cancoul, owner, was present. The Respondent said he will start the fence, but he has a problem with the windows. He stated they are new windows, and he has tried contacting the company for proof. Ms. Zalman recommended The Respondent meet with the City to determine the most cost-effective way to comply with the violations. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-0519 LEFORT PATRICE Property Address: 2164 NE 1st Way, Unit 204 Type of Property: CONDOMINIUM — MULTIFAMILY Property Violation(s): As noted in Notice of Violation Officer Guillaume presented this case, which was a citizen's complaint. The notice was posted on the property and City Hall on June 8, 2023. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Case Hearing Case No. 23-0601 HOGGINS RONNIE AND RICHARD Property Address: 2222 NE 1st Way, Unit 203 Type of Property: Single-Family/Multi-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was February 22, 2023. The notice was posted on the property and City Hall on June 27, 2023. The City recommends compliance by August 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0447 KOCIAN CRAIG JUDSON Property Address: 136 SE 24th Ave Type of Property: Single-Family/Homesteaded Property Violation(s): CO CH 15 SEC 15-120.D1 D Please sod yard and swale to cover bare areas. Officer Karageorge presented this case, which was a City department referral. The initial inspection date was February 9, 2023, with 30 days to comply. The notice was posted on the property and City Hall on June 27, 2023. He spoke with the owner who stated that school buses and utility vehicles park on the property and sod is expensive. The owner stated it would cost $500/month to water, creating a hardship. Officer Karageorge explained they have the option to seed or ground cover but sod is the most effectively way to comply. Mr. Karageorge did not see the school buses or utility vehicles during his inspections. The property was last inspected on July 17, 2023. This is not a health or safety hazard. The City recommends compliance by August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Craig Kocian, owner was present. The Respondent said he has been putting down grass seed and it is growing significantly and looks better. He noted that vehicles park there daily and he has attempted to stop Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 the practice with No Parking signs. Additionally, his neighbor captures one to two pictures a week of vehicles parked on Mr. Kocian's property. He reiterated he cannot afford sod. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0478 THOMPSON CHERYL L EST Property Address: 168 SE 27th PI Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Karageorge presented this case, which was a City referral. The initial inspection date was February 10, 2023. This is not a repeat violator. A courtesy notice was issued on February 10, 2023, with 30 days to comply. The notice was posted on the property and City Hall on June 27, 2023. He received a complaint and tried to reach out to the Probate Court for estate contact. They did not have a contact. He knocked on the door but no response. The property was last inspected on July 17, 2023. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0230 HIDDEN BROOK CORPORATION Property Address: 700 W Boynton Beach Blvd Type of Property: Commercial Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain a building permit through the City's Building Department for walls constructed without permitting. Contact 561-742-6350 to resolve. Officer Hart presented this case, which was a routine inspection. The initial inspection date was January 25 , 2023. This is not a repeat violator. A courtesy notice was issued on January 24, 2023, with 30 days to comply. The notice was posted on the property and Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 City Hall on July 7, 2023. The permits were applied for but failed the planning review on June 15, 2023. A conversation was had with the business owner yesterday and the contractor is waiting on the architect to correct the plans. The property was last inspected on July 18, 2023. The City recommends compliance by August 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Kalman said the ceiling looked odd in the pictures. Officer Hart noted they changed the footprint of the building without proper permitting. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1147 FLERIVAL ISMON & PIERRE Property Address: 321 NE 11th Ave Type of Property: SINGLE FAMILY - Oversized Truck VIOLATION Property Violation(s): As noted in Notice of Violation Officer Hart presented this case. He noted this is for an oversized truck and the owner was going to pay the fine this morning. He requested to remove the case for 30 days. Ms. Guim stated the owner paid the fine for the parking violation this morning and she needs to verify with the Cashier's Office. Decision Due to evidence and testimony, Ms. Zalman agreed to remove the case for 30 days. Case Hearing Case No. 23-0010 TAMMARRA HOLDINGS LLC Property Address: 427 SW 1St Avenue Type of Property: Multifamily Property Violation(s): CO CH 15 SEC 15-120.D1 D Please install sod in front of the property, including the swale, to obtain a green appearance. CO CH 10 SEC 1056 D Please install 4" house numbers visible from the street in contrast with the background. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 CO CH 10 SEC 15-120.E2C Please repair windows. CO CH 15 SEC 15-120.D1A Please remove outside storage. CO CH 10 SEC 15-56E Please repair hole in kitchen cabinet. CO CH 10 SEC 10-56D Please install smoke detectors in bedrooms. Officer Redondo presented this case, with was a citizen complaint. The initial inspection date was February 1, 2023. This is not a repeat violator. The notice was posted on the property and City Hall on April 11, 2023, with 30 days to comply. Green card was signed on April 15, 2023. Two extensions have been granted. The property was last inspected on June 7, 2023. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Ms. Zalman asked if tenants are living at the location. Officer Redondo said yes. He also confirmed they complied with the smoke detectors. Demetrius Kirkland, Attorney representing the owner, was present. Vincent Fasco, contractor, was present. Mr. Kirkland said they complied with the smoke detectors and sod. The owner has applied for the permitting for the windows. He said they will have a receipt for the pest control by next week. Mr. Fasco shared pictures of the sod. Mr. Kirkland will forward the receipt to Officer Redondo. He noted they need to access the property to fix the cabinet. He noted there is a pending court case that he cannot discuss further. He said they object to anything beyond the scope of the subject matter of this hearing. Mr. Kirkland requested 45 days for compliance. Janas Swanfeld, witness, was present. Ms. Swanfeld said she is embarrassed by the pictures of the property. She said she has lived there for 13 years and once the property was sold to Tammarra Holdings Inc. all maintenance stopped. She said she did her best to maintain the property. She asked for 24 hours' notice for access. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Ms. Zalman asked about pest control. Mr. Kirkland said pest control was on autopay with Terminix, but someone stopped payment and it was not the owner. He said they re- engaged with Terminix. He noted the maintenance person does not want to enter the property with the tenant's dogs. Ms. Swanfeld said she has several inspections completed from a housing inspector and a duct cleaning inspector. Mr. Kirkland objected to Ms. Swanfeld's testimony. Ms. Swanfeld continued by stating the attic ducts are faulty and it has been recommended by a pest control company to tent the house. She said the infestation is living within the walls and possibly the attic. Ms. Zalman asked Officer Redondo asked if the pest control has been complied with. Officer Redondo said no, not as of the last property inspection. Ms. Zalman asked how they determined it has been complied with. Officer Redondo said they need to see a receipt of purchase for treatment. Ms. Zalman asked about the recommendation to tent. Officer Redondo said that is out of his knowledge. Ms. Zalman asked Ms. Swanfeld if she has documentation about the need to tent the house. Ms. Swanfeld said she has proof the infestation could be in the attic. Officer Redondo had no objection to the 45-day request. Ms. Swanfeld spoke about the window issues since 2020. Mr. Kirkland replied that the windows are old, and the owner has applied for a permit to replace the windows. Mr. Kirkland said the pest control company said it needs treatment but no tenting. Ms. Swanfeld said the central air issue is directly correlated to the pests. She said the windows cost her a lot of money on her electric bills. Ms. Zalman said the landlord has offered temporary solutions if needed. She encouraged the owner to double check the list for compliance. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 8, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Case No. 23-0378 BRADLEY KATHERINE C Property Address: 128 SW 11 th Ave Type of Property: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 15 SEC 15-120.D1 D Please install sod in front of property to obtain a green appearance. LDR CH 15 SEC 15-120.E2A Please paint exterior front of property. LDR CH 15 SEC 15-120.D1 B Please reseal or repair driveway. LDR CH 10 SEC 1056 D Please install 4" house numbers visible from the street and contrast with the background LDR CH 10 SEC 150-120.E2C Please replace glass in front windows. Officer Redondo presented this case. This is not a repeat violator. The notice was posted on the property and City Hall on February 6, 2023. There has been no contact with the owner or property manager. This is not a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0793 CLAUDIO ALEXANDER-BURLEIGH JR. Property Address: 220 SW 3rd Ave Type of Property: Single-Family/Homestead Property Violation(s): CO CH 15 SEC 15-120.D1 D Please install sod in front of the property, including the swale, to obtain a green appearance. 105.5FBC 2010 Permit Expiration Please contact the Building Department 561-742-6350 to resolve the expired driveway permit. LDR CH 2 ART 4 SEC 282 Please obtain the required permit for back of the structure. Please contact the Building Department 561-742-6350 Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Officer Redondo presented this case, with was a citizen complaint. The initial inspection date was March 7, 2023. This is not a repeat violator. The notice was posted on the property and City Hall on March 19, 2023, with 30 days to comply. Green card was signed on June 15, 2023. The property was last inspected on June 7, 2023. This is a health and safety hazard. The City recommends compliance by August 23, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Ms. Zalman asked about the health and safety hazard. Officer Redondo said they do not know if the unpermitted structure is safe. Claudio Alexander-Burleigh, owner, was present. Mr. Alexander-Burleigh said he is putting in the sod and seed in the front. He cancelled the driveway permit, and he has a permit for the structure in the back. He said he is waiting for an inspection. He said he is going to resod the driveway areas and put down small pavers. Officer Redondo noted the pre-made structure has an ongoing permit, but the second structure is homemade and there is no record of a permit application. Mr. Alexander- Burleigh said the opposite is true. The homemade one is permitted. Officer Redondo disagreed based on structure measurements. Ms. Zalman recommended speaking directly with Officer Redondo following the meeting to clear up the discrepancy about the structures. Officer Redondo said he may need a permit for pavers. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 23, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0523 LOS MANGOS POA INC Property Address: 2631 SE 28th Cir Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was January 18, 2023, and Respondent did appear. A compliance date was set for March 15, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on July 15, 2023, and the violation still exists. There are 126 days of non- compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $12,600, plus administrative fees in the amount of$384.12, for total of$12,984.12. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Manos Viale, Property Manager, was present. Fred Rush, HOA President, was present. The Respondent said they were encouraged to apply for a permit at the last hearing. He said they hired an architect and submitted a permit. In May, they received a long list of items to comply with. He said they started to work on the list and the Building Department was reviewing what they sent them. Ms. Zalman asked if there was waiver or hold on this case. Officer Chevalier Bien-Aime said no. He noted they had until March 18, 2023, to comply. Ms. Zalman said there were no requests for extensions and if they have proof otherwise, they need to present the information. Ms. Zalman said she does not see a pause so the Respondent can come back for a lien reduction. She said she cannot hold the fine now. She said the lien does not go away but it will be reduced to a reasonable amount, considering it does not continue to grow. The Respondent stated they are waiting on Building Department review. Ms. Zalman encouraged The Respondent to note all dates and things they have been waiting on with the City. She said they need to continue to check the portal. The Respondent said they are bleeding a lot of money for a 35-year-old shed. Ms. Zalman said an Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $12,600, plus administrative fees in the amount of$384.12, for a total of$12,984.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 22-0895 515 SOUTH FEDERAL LLC Property Address: 515 S Federal Hwy Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was November 16, 2022, and no one appeared. A compliance date was set for December 16, 2022, or a fine of $100 per day, plus administrative fees. The property was last inspected on July 17, 2023, and the violation still exists. There are 215 days of non- compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $21,500, plus administrative fees in the amount of$384.12, for total of$21,884.12. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $21,500, plus administrative fees in the amount of$384.12, for total of$21,884.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 22-3023 FOUR SONS PLAZA 640 LLC Property Address: 640 E Ocean Ave Unit 23 Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing was on February 15, 2023, and the Respondent did not appear. A compliance date was set for June 21, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on July 15, 2023, and the violations have complied. There are 28 days of non- compliance. As of this date, the total fine is $2,100. The administrative fees in the amount of$384.12 have been paid. Robert Neble, owner, was present. Ms. Zalman advised that administrative fees of$384.12 have been paid. The Respondent said the City has been slow to respond and the contractor is doing everything they need to be doing. Tim Petit, property contractor, was present. He said the building permit was applied in March 2023. He said they have gone back and forth with the City three times. Ms. Zalman asked for clarification on the violation. Officer Chevalier Bien-Aime said it was interior remodel. Ms. Zalman said they can come back for a lien reduction. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,100, and noted that administrative fees in the amount of$384.12 have been paid. Fine Certification Hearing Case No. 23-0211 EXSORRO ONE INC Property Address: 421 SE 5th Ave Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was April 19, 2023, and no one appeared. A compliance date was set for May 8, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on July 15, 2023, and the violation still exists. There are 72 days of non-compliance, and the fine continues to accrue at $150 per day. As of this date, the fine is $10,800, plus administrative fees in the amount of$384.12, for total of$11,184.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $10,800, plus administrative fees in the amount of$384.12, for total of$11,184.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-0350 MEESHEE LLC Property Address: 131 NW 13th Ave Officer Estime presented this case. The Special Magistrate Hearing date was May 17, 2023, and the Responded did appear. A compliance date was set for June 5, 2023, or a fine of $75 per day, plus administrative fees. The property was inspected and complied on June 13, 2023. There are 7 days of non-compliance. As of this date, the fine is $525, plus administrative fees in the amount of$384.12, for total of$909.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$525, plus administrative fees in the amount of$384.12, for total of$909.12. Fine Certification Hearing Case No. 22-3156 CHUNG LISA Property Address: 1310 NW 8th Ct Officer Hill presented this case. The Special Magistrate Hearing date was April 19, 2023, and the Registered Agent appeared. A compliance date was set for June 1, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on July 18, 2023, and the violation still exists. There are 48 days of non-compliance, and the fine Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 continues to accrue at$100 per day. As of this date, the fine is $4,800, plus administrative fees in the amount of$384.12, for total of$5,184.12. Frank Karmadina, Registered Agent, was present and sworn in. The Registered Agent stated the permit was already submitted and the Building Department didn't respond until June 7, 2023. He said the only thing being held up is the structural permit. Ms. Zalman said they have been on top of this and encouraged them to apply for a lien reduction with a record of the timeline. She reminded him to call the Code Officer when the work is complete. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $4,800, plus administrative fees in the amount of$384.12, for a total of$5,184.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-0137 US BANK TRUST NA TRUSTEE Property Address: 1818 NE 5t" St Officer Hill presented this case. The Special Magistrate Hearing date was May 17, 2023, and no one appeared. A compliance date was set for May 20, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on July 18, 2023, and the violation still exists. There are 44 days of non-compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $3,300, plus administrative fees in the amount of$384.12, for total of$3,684.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,300, plus administrative fees in the amount of$384.12, for total of$3,684.12. Fine Certification Hearing Case No. 23-0148 50 FRIENDS FUND CAPITAL LLC Property Address: 1818 NE 5t" St Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Officer Guillaume presented this case. The Special Magistrate Hearing was on May 17, 2023, and the Respondent did not appear. A compliance date was set for June 5, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on July 17, 2023, and the violations have complied. There are 44 days of non-compliance. As of this date, the fine is $6,600, plus administrative fees in the amount of $384.12, for total of$6,984.12. Brad Ford, Manager, was present. The Respondent said he was unaware of the violation. Officer Guillaume discussed the violation. The Respondent described the process he followed for the BTR, although possibly for the wrong amount. Business Tax Receipt Compliance Officer Lionel Messadieu said the application was submitted on May 15, 2023, and on May 20, 2023, a receipt email was sent. He noted they requested two additional documents but there no response to the May 20, 2023, email. He stated the application was processed with payment pending. He acknowledged The Respondent made a partial payment. Mr. Ford said that he has an email from Sunday stating that the application was approved, and payment is due. Ms. Zalman asked what remains open with the violation. Officer Guillaume said everything. The Respondent said they are ready for an inspection. Ms. Zalman said to set up the inspection with staff following the meeting to close out and to take care of any pest issues. She said they can apply for a lien reduction later. The Respondent argued he asked for an inspection a few times. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,600, plus administrative fees in the amount of$384.12, for a total of$6,984.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-0227 MULVEY BERNARD Property Address: 337 NE 14th Avenue Supervisor Pierre presented this case. The Special Magistrate Hearing date was May 17, 2023, and no one appeared. A compliance date was set for June 20, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on July 17, 2023, and the violation still exists. There are 29 days of non-compliance, and the fine continues Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 to accrue at $75 per day. As of this date, the fine is $2,175, plus administrative fees in the amount of$384.12, for total of$2,559.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,175, plus administrative fees in the amount of$384.12, for total of$2,559.12. Lien Reduction Hearing Case No. 17-277 BENHAM LLC/BENHAMOU D C/O Property Address: 240 NW 20th Court Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on February 26, 2017. No one appeared on June 21, 2017. There have been 2,172 days of non-compliance at $100/day for a total amount of $217,200 plus the administrative fee. The City recommends a 20% lien reduction for a total of$43,440 plus $384.12 administrative fees. Ms. Zalman requested to hear Case #30 at the same time since the property and Respondent are the same. Lien Reduction Hearing Case No. 19-2762 BENHAM LLC/BENHAMOU D C/O Property Address: 240 NW 20th Court Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on September 19, 2019. No one appeared at the Code Compliance hearing on January 15, 2020. The City recommended compliance by February 15, 2020, or a fine of $25 per day. The Respondent did comply June 5, 2023. There have been 1,070 of non-compliance at $25/day for a total amount of$26,715 plus administrative fee of $384.12. The City recommends a 20% lien reduction for a total of $5,350 + 384.12 administrative fees. Ms. Zalman asked for more information about the property. Steven Grant, on behalf of the Respondent, introduced himself. He explained the property was an investment property for a foreign LLC. He stated they did a corrected deed and Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 wanted to ensure the notice was sent to the proper address. He added that the former property manager did not let the owner know there was a notice of the violations. He said the neighbor went to a foreclosure option and sold for $80,000 and said 15% of the foreclosure value is high. Ms. Zalman asked Mr. Grant about the property value. Mr. Grant responded that the property is worth approximately $200,000. Benjamin Schwab, Property Manager, was present. Mr. Schwab confirmed they are attempting to sell the property, have a potential purchaser, but do not yet have a closing date. There is no mortgage on the property. He described the actions they took to bring the property into compliance. He spent they spent between $9,000-$10,000 to bring the property into compliance. Mr. Grant expressed concern about the property not selling within 30 days. Ms. Zalman clarified it is 90 days. Mr. Grant requested an extension longer than 90 days. Ms. Zalman said no, based on the code. Mr. Grant requested a lien reduction for a total of$21,270 for both cases. Officer Pierre said the City recommendation of 20% stands. Mr. Grant asked what address the notices were sent to. Mr. Pierre said the address used was the PO Box from the Palm Beach County Property Appraiser. Mr. Grant requested to see the address printout. He noted the address has changed. Mr. Grant stated they want to work with the City and offered to pay 10% of the property's value. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $25,248.12 for Case No. 17-277, which includes administrative fees in the amount of $384.12 payable within 90 days or the fine will revert to the original amount. Due to evidence and testimony, Ms. Zalman reduced the fine to $2,730.12 total for Case No. Case No. 19-2762, which includes administrative fees in the amount of $384.12 payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Case No. 20-807 BDM VENTURES FL LLLP Property Address: 144 SW 8t" Avenue Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on February 27, 2020. No one appeared at the Code Compliance hearing on February 17, 2021. The City recommended compliance by February 26, 2020, or a fine of$200 per day. The Respondent did comply April 20, 2023. There have been 790 of non-compliance at $200/day for a total amount of$158,000 plus administrative fee of $384.12. The City recommends a 15% lien reduction for a total of $23,700 + $384.12 administrative fees. Cory Carano, on behalf of the Respondent, introduced himself. He explained it is a residential rental property that his client bought 4-5 years ago. He said his client is a Canadian resident and Covid restrictions prevented him from traveling to the United States. Martin Pizel, owner, was present. He said he takes these things very seriously. He said the notices were sent to his Florida residence and he was not able to travel to the United States for two years. He noted he was unaware of the notices. He said the mail forwarding was a problem. Ms. Zalman said the City did everything they were required to do. Mr. Carano suggested a counter proposal of$2,000. He stated the Respondent has since complied. Officer Pierre said the lien reduction is a privilege and not a right. Ms. Zalman stated that 10% would be $15,800.12. Mr. Carano argued this is a force majeure situation with the Covid restrictions. Ms. Zalman said the Property Manager should have notified the Respondent of the notices. Discussion ensued about the lien. Ms. Zalman asked how long Mr. Pizel has been renting the property. He responded since 2019. Mr. Pizel stated he would be willing to pay $7,000. Ms. Zalman asked if he had other rentals in Florida. Mr. Pizel replied that he has rentals in Delray Beach and confirmed he has a business license there. He said he did not receive anything official in the mail from Boynton Beach about having a business license to Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 operate the rental. Ms. Zalman reminded Mr. Pizel he needs to take responsibility since it is an income-baring property. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to$9,384.12,which includes administrative fees in the amount of$384.12 payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 20-1623 BOYNTON BEACH HAWKS INC. Property Address: 260 N Palm Drive Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on July 16, 2020. No one appeared at the Code Compliance hearing on March 17, 2021. The City recommended compliance by April 13, 2021, or a fine of$50 per day. The Respondent did comply June 13, 2023. There have been 790 of non-compliance at $50/day for a total amount of $39,500 plus administrative fee of $384.12. The City recommends a 20% lien reduction for a total of $7,900 + $384.12 administrative fees. Ms. Zalman agreed to hear Case #33 concurrently. Lien Reduction Hearing Case No. 21-162 BOYNTON BEACH HAWKS INC. Property Address: 260 N Palm Drive Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on January 19, 2021. No one appeared at the Code Compliance hearing on June 16, 2021. The City recommended compliance by July 31, 2021, or a fine of $50 per day. The Respondent did comply March 8, 2023. There have been 584 days of non-compliance at $50/day for a total amount of $29,200 plus administrative fee of $384.12. The City recommends a 20% lien reduction for a total of $5,840 + $384.12 administrative fees. Guy Etiene, owner, was present. Ms. Zalman reiterated the City's 20% lien recommendation. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 Mr. Etiene said he purchased the property four years ago and the property was in bad condition. He said the thought he got everything fixed but he did not know his tenants were messing up the property. He added that he was in the hospital with Covid for over a month and a half. He noted he contacted many City staff to rectify the situation. He said he is not able to pay the lien or even the reduction. Ms. Zalman proposed $5,000 plus the administrative fee. She asked Mr. Etiene what he spent on the property improvements. Mr. Etiene said approximately $15,000. He added that he no longer has tenants. Mr. Etiene proposed $3,000 total plus administrative fee for both cases. Ms. Zalman asked for clarification on the driveway. Mr. Etiene said the asphalt was warped and they had to break it up. Mr. Pierre recommended administrative fees only. Ms. Zalman asked Mr. Etiene if he was keeping the property. Mr. Etiene responded yes. Ms. Zalman acknowledged he put a lot of money into the property, but it is still an investment property. Mr. Pierre noted he was unaware of the driveway costs. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $600.12, which includes administrative fees in the amount of$384.12 payable within 90 days or the fine will revert to the original amount, for Case No. 20-1623. Due to evidence and testimony, Ms. Zalman reduced the fine to administrative cost $384.12, payable within 90 days or the fine will revert to the original amount, for Case No. 21-162. Lien Reduction Hearing Case No. 21-2806 FULL RENOVATION INC. (Previously Trust No 1128 SW26) Property Address: 1128 SW 26TH AVE Property Violation(s): As noted in code sections stated below. Officer Vestiguerne Pierre, Community Standards Supervisor, presented this case. The notice of violation occurred on October 20, 2021. No one appeared at the Code Compliance hearing on June 15, 2022. The City recommended compliance by July 7, Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 19, 2023 2022, or a fine of$100 per day. The Respondent did comply December 12, 2022. There have been 157 days of non-compliance at $100/day for a total amount of $15,700 plus administrative fee of $384.12. The City recommends a 20% lien reduction for a total of $3,140 + $384.12 administrative fees. Jose Gomez, owner, was present. Mr. Gomez stated that the tenant was a problem and they spent $28,000 to fix everything to comply. He noted the tenant was not previously cooperating with inspections. He filed an eviction and had the tenant removed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to$2,739.12,which includes administrative fees in the amount of$384.12 payable within 90 days or the fine will revert to the original amount. NON-AGENDA: Case No. 21-1000 WHITE ROSE HOMES LLC Property Address: 132 NE 12th Avenue Tanya Guim, Community Standards Administrative Supervisor, explained the violation has been corrected and no chronic nuisance activity has occurred for one year. Office Hill is signing a notice of compliance. Discussion ensued about the Declaration of Chronic Nuisance. She noted the City is issuing the notice of compliance as required by code and does not believe the Special Magistrate needs to do anything else. Ms. Guim said Ms. Zalman is the only one who can rescind the Order since she issued it. Ms. Zalman noted she there is an Order of Compliance signed by Officer Hill on July 18, 2023, and the Declaration of Chronic Nuisance has been rescinded. She added that no further action by the property owner is required at this time, although the City may require the property owner to entire into a new agreement is a nuisance activity reoccurs. V. ADJOURNMENT Ms. Zalman concluded the hearing at 12:11 p.m. [Minutes by T. Baclawski, Prototype Inc.] Page 26