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Minutes 05-17-23 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, MAY 17, 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, Director, Community Standards Monica Higuero, Community Standards Specialist Isis Sablon, Community Standards Associate I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:02 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 3 22-2276 Complied 9 23-0369 Removed and a 10-day reinspection has been scheduled. 13 23-0649 Removed and a 10-day reinspection has been scheduled. 24 22-2216 Complied IV. NEW BUSINESS Case Hearing Case No. 22-2986 Merveilleux, Cedric Property Address: 421 NW 3rd Street Type of Property: Single-Family/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 November 3, 2022. This is not a repeat violator. A courtesy notice was issued Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 on November 23, 2022, with 14 days to comply. Proof of service is a signed green card dated April 27, 2023. The Respondent has not made an attempt to contact him, and he has knocked on the door with no response. The property was last inspected on May 9, 2023. This is not a health and safety hazard. The City recommends compliance by June 20, 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 June 20, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case No. 23-0350 Meeshee LLC Property Address: 131 NW 13th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): CO CH 15 SEC 15-120D1A Removal of all outside storage, trash, and debris. Remove all inoperable unregistered vehicles. CO CH 15 SEC 15-120D1 D Sod all bare areas of lawn and maintain for a green appearance. CO CH 15 SEC 15-120D1 B Repair and replace fence on property. Permit may be required. Officer Estime presented this case, which was a routine inspection. The initial inspection was February 1, 2023. This is not a repeat violator. A courtesy notice was issued on February 6, 2023, with 14 days to comply. Proof of service is a signed green card dated March 27, 2023. The property was last inspected on May 16, 2023. This is not a health and safety hazard. The City recommends compliance by June 5, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Geneve Beneshon, owner, was present. Ms. Zalman advised the City is recommending compliance by June 5, 2023, or $75 per day. She asked if the Respondent is in the process of trying to get the tenants to comply. The Respondent stated they are giving him a hard time. He will try to have them out before June 5, 2023. Ms. Zalman commented that some legal notices might need to be sent to the tenants. As of this date, administrative fees in the amount of$384.12 have accrued and must be paid. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 She told the Respondent to contact the Code Officer once the property is in compliance so the fine can stop, if it has started. She asked if this was for outside storage and cars. Officer Estime stated there is one vehicle that is inoperable in the backyard. Ms. Zalman advised that an Order will be received via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 5, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case No. 22-2276 Montag Jason & Montag Kristen Property Address: 4301 Manor Forest Way This case complied prior to the Hearing. Case No. 22-2546 Willowbrook HOA Inc. Property Address: 315 Meadows Drive Officer Hill presented this case. This property owner has applied for an extension of time and has paid the administrative fees. The City is requesting the compliance date be moved to August 17, 2023. All other violations have been corrected and they are just awaiting the permit to make the required repairs to the sidewalks. Erica Long, Property Manager, was present. Ms. Zalman advised the City is going to extend the compliance date of May 8, 2023 to August 17, 2023. An Order will be entered. All other terms of the fine will remain the same and administrative fees of$384.12 will not be assessed since it has already been paid. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to August 17, 2023, and all other terms of the fine will remain the same. It was noted that administrative fees have already been paid in the amount of$384.12. Case No. 23-0103 Conzo Michelle Property Address: 7219 Norwich Lane Property Type: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 LDR CH 3 ART 5 SEC 3D Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Please obtain a building permit through the City's Building Department for a shade sail and pool pump. A zoning permit is required for the above-ground pool. Contact the Zoning Department to inquire. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was January 13, 2023. This is not a repeat violator. A courtesy notice was issued on January 24, 2023m with 30 days to comply. Notice was sent certified mail on March 30, 2023. Notice was posted at City Hall and on the property on May 5, 2023. A complaint was received from a neighbor that the owner installed an above-ground pool pump and shade sail without permits that have become the attraction of loud parties late into the night. In speaking to the homeowner in early March and again on May 5, 2023, and advised her that permits were required. On May 9, 2023, permits were applied for but were rejected the same day. The property was last inspected on May 16, 2023. This is not a health and safety hazard. The City recommends compliance by June 20, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Michelle Conzo, owner, was present. Ms. Zalman commented that parties are at her house. The Respondent stated there are parties with her children and there is a pool and a trampoline. She received approval from the HOA prior to putting the pool up when the pool was closed for three years due to the Coronavirus. She was not aware that she needed a permit for the pool because she did not do any digging. As far as the wind sail, one has been down and only the blue one is over the pool for shade. She applied for the permit, which went through. She went to Deborah and had it notarized. She has the permit number, and all the documents were approved; she paid all the fees. Officer Hill advised that as of yesterday the permit was not approved or issued. It showed that the permit was accepted in the system, but it has not been reviewed. When the Respondent applied on May 9, 20237 it was rejected immediately and she resubmitted on May 12, 2023, and then it was accepted, but it is not approved. The Respondent indicated that the application was rejected because the owner affidavit apparently had to be notarized, so she had it notarized by Deborah, and the following day she submitted the application and Deborah advised that it was okay, and she paid the fees for the permit. She thinks the process has been started. Ms. Zalman stated it is in the review process. She asked if a reasonable time to be approved would be by June 20, 2023. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Officer Hill advised that is a question for the Building Department. She has seen other properties get approved quickly when they turn in everything correctly. On the Building Department's side, this is not a health and safety hazard. Ms. Zalman indicated it is important to watch the site for comments. Supervisor Pierre commented that information required for the electrical part can be uploaded. The Respondent contacted the Building Department, and she was told she could not go any further without the documentation, but she thinks she submitted everything needed. She does not want any problems. Ms. Zalman advised because she has testimony that it is not a health and safety hazard, the compliance date was moved to July 20, 2023. If not in compliance by that date, the fine will be $100 per day. She noted that administrative fees and costs are on file of $384.12, which must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 20, 2023, or a fine of$100 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case No. 23-0137 US Bank Trust NA Trustee Property Address: 1103 NW 7t" Court Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Hill presented this case, which was a routine inspection. The initial inspection date was January 19, 2023. This is not a repeat violator. A courtesy notice was issued on January 19, 2023, with 15 days to comply. Certified mail was sent on March 16, 2023, and the property and City Hall were posted on April 5, 2023. The Respondent has not made any attempts to contact her or to correct these violations. The property was last inspected on May 11, 2023. This is not a health and safety hazard. The City recommends compliance by June 5, 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. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of June 5, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case No. 23-0328 Progress Residential Borrower Property Address: 3804 Aspen Leaf Drive Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in the Notice of Violation Officer Hill presented this case, which was a routine inspection. The initial inspection date was January 31, 2023. This is not a repeat violator. A courtesy notice was issued on February 13, 2023, with 10 days to comply. Certified mail was sent on March 30, 2023, and a signed green card was received on April 17, 2023. The property manager was on site during the original inspection. He advised he would get all the issues taken care of right away. She was called to return to the property on February 10, 2023, for reinspection with the property manager, and no repairs were made. She was called for another reinspection on May 10, 2023, but no one showed up for the inspection. She emailed the property management company and they advised they would reschedule for another time. The property was last inspected on May 10, 2023. This is a health and safety hazard. The City recommends compliance by June 5, 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 June 5, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Case No. 22-1137 INTAB LLC Property Address: 2303 South Federal Highway, #1 Type of Property: Multi-Family Property Violation(s): As stated in the Notice of Violation 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. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was May 2, 2022. This is not a repeat violator. Written notice was issued on May 4, 2022, with 15 days to comply. Certified mail was sent on April 11, 2023, and the green card was signed on April 15, 2023. The property was last inspected on May 12, 2023. This is not a health and safety hazard. The City recommends compliance by June 20, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Sheila Diana Betus Shazinowski, family friend, was present. The family is from Argentina, and they do not speak English very well, so she is trying to help them. Ms. Zalman commented that Luis Alberto Menoha is the owner. Ms. Shazinowski replied yes. She submitted records showing that the Respondent is part of the LLC, he is one of the managing members. Ms. Zalman indicated that the owner has this investment property, and he is renting to tenants. Ms. Shazinowski replied yes. He had a property manager last year until she realized the person was not doing things correctly, so they found another property manager who can speak Spanish and understand Argentinian people. They changed property managers and have started the process of getting the license. She has information of the maintenance team that has started to work to get permits and once the permits are received, they will schedule the inspection. She understands that is not the right way to do things, so they will coordinate the inspection and depending on the outcome, they will work within the dates the Officer has provided to be in compliance. Ms. Zalman asked if the water heater is pending. Officer Chevalier Bien-Aime advised the water heater is on Case #10. This case just has the Business Tax Receipt and the Certificate of Use and Occupancy. Ms. Zalman indicated the cases were labeled 8 and 10, but they are currently discussing the address for Unit 1. The City has recommended compliance by June 20, 2023; otherwise, the fine is $75 per day. She asked if they applied for the permits. Ms. Shazinowski replied yes, because they do have a number, but the inspection is pending. Ms. Zalman advised she would keep the date as June 20, 2023. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. If this is brought into compliance by June 20, 2023, no fine will be due. An Order will be received via mail. She assumed the address is on file with the Property Appraiser. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Ms. Shazinowski stated the address mentioned was for the previous property manager. She will make sure they have the correct address. They also submitted a form through the mail to change the address. Ms. Zalman commented that they should make sure the address is updated on the Property Appraiser's site. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 20, 2023, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case No. 23-0369 Dennis David Property Address: 1314 South Seacrest Boulevard This case was removed prior to the Hearing and a 10-day reinspection has been scheduled. Case No. 23-0593 Soaces LLC Property Address: 2303 South Federal Highway #8 Type of Property: Multi-Family Property Violation(s): As noted in the Notice of Violation LDR CH 2 ART 4 SEC 2A2 Please obtain required building permit for new water heater. Contact the Building Department at 561-742-6350. CO CH 13 SEC 13-16 Per City of Boynton Beach, Code of Ordinances says a Business Tax Receipt is required for rental property of your 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 the rental property. Contact 561- 742-6350 to resolve. Officer Chevalier Bien-Aime presented this case, which was a routine inspection. This is not a repeat violator. Written notice was issued on February 23, 2023, with 30 days to comply. A green card was signed on April 15, 2023. This is not a health and safety hazard. The City recommends compliance by June 20, 2023, or a fine of $100 per day, plus administrative fees in the amount if$384.12. In response to Ms.Zalman, Officer Chevalier Bien-Aime clarified this is for the Business Tax Receipt, Certificate of Use and Occupancy, and a permit for a water heater. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Ms. Zalman mentioned the notes say there was a water heater issue that was next to combustible items in October 2022. That was for Case 8, Unit 1. She is nervous about that and does not know if it was resolved. She advised Ms. Shazinowski to make sure both water heaters are up to date and noted this would be addressed during the inspection. Sheila Diana Betus Shazinowski, family friend, was present. Ms. Shazinowski knows there was an official inspection for this and apparently the tenants had all their things in the closet where the water heater is located, and they were told that is a fire hazard. Notes from the maintenance company said they needed permits for the air conditioning and water heater. She has copies and is guessing something happened with the water heater. She will have a meeting with them and ask them to submit it again or take care of it. Ms. Zalman indicated that up to date permits for the water heaters must be licensed. The City is recommending compliance by June 20, 2023, or a fine of $100 per day because there is an extra issue. She noted that administrative fees in the amount of$384.12. has accrued and must be paid. Ms. Shazinowski questioned how payments should be made and asked if she could pay in person today since the owners are in Argentina. Tanya Guim, Community Standards Supervisor, explained that a check should be sent payable to the City of Boynton Beach for the amount of $384.12. The Order will say that $384.12 has been assessed, so a copy of the Order can be sent with the check. She did not have a problem with payment today, but she has to prepare a receipt after the meeting and then they can proceed to the cashier. Ms. Shazinowski asked if she could come in person another day. They are here from 8:00 a.m. to 5:00 p.m., Monday through Friday. She noted that Brandon could also assist with that. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 20, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case No.23-0148 50 Friends Fund Capital LLC Property Address: 1818 NE 5t" Street Property Type: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Officer Estime presented this case, which was a citizen complaint. The initial inspection date was January 20, 2023. This is not a repeat violator. A courtesy notice was issued on January 25, 2023, with 15 days to comply. The property was posted on April 27, 2023. The property owner contacted Officer Guillaume once the posting was made and stated he would apply for the rental license, but he never applied. The property was last inspected on May 15, 2023. This is a health and safety hazard. The City recommends compliance by June 5, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. The complaint is regarding open electrical outlets. 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 June 5, 2023, or a fine of$150 per day, plus administrative fees of$384.12. Case No. 23-0227 Mulvey Bernard Property Address: 337 NE 14th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): As noted in the Notice of Violation Officer Estime presented this case, which was a routine inspection. The initial inspection was on January 24, 2023. This is not a repeat violator. A courtesy notice was issued on January 27, 2023, with 30 days to comply. A signed green card was dated April 17, 2023. The Respondent has made no attempts to contact Officer Guillaume. The property was last inspected on May 12, 2023. This is not a health and safety hazard. The City recommends compliance by June 20, 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 June 20, 2023, or a fine of$75 per day, plus administrative fees of$384.12. Case No. 23-0649 Benham LLC Property Address: 240 NW 20th Court This case was removed prior to the Hearing and a 10-day reinspection has been scheduled. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Case No. 23-1012 Sarubbi Joseph T Jr. Property Address: 706 Shore Drive Property Violation(s): CO CH 10 SEC 10-26 Please remove unauthorized roll out dumpster from property immediately. Contact Public Works for all dumpster related services at 561-742-6200. Officer Patrick presented this case. This is not a health and safety hazard. The City recommends a one-time fine of$250 due to the violation being irreparable and irreversible in nature, plus administrative fees in the amount of$384.12. Ms. Zalman questioned what code Officer Patrick was bringing this in remedy. Officer Patrick replied CH 10 SEC 10-26. Ms. Zalman stated Officer Patrick is presenting that they are allowed to have a dumpster, but this third-party dumpster is not authorized. Officer Patrick indicated that the dumpster has to come from the City of Boynton. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation, but she is going to review it because she has not seen this one before. Candice Stone, Community Standards Director, asked if the dumpster is still there. Officer Patrick replied that the dumpster has been gone since April 17, 2023. Director Stone stated that is why they are doing the one-time fine. In CH 162 they can do a one-time fine. Decision As no one was present to testify, Ms. Zalman ordered a one-time fee of $250, plus administrative fees of$384.12. Fine Certification Hearing Case No. 22-1797 Thompson Vernon Jr. TR Property Address: 821 NE 1St Street Officer Estime presented this case. The Special Magistrate Hearing was on March 15, 2023, and the Respondent did appear. A compliance date was set for April 3, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on May 15, 2023, and the violation still exists. There are 44 days of non-compliance, and the fine Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 continues to accrue at $150 per day. As of this date, the fine is $6,600. Administrative fees in the amount of$384.12 were already paid, so the total fine is $6,600. Vernon Greg Thompson, owner, was present. Ms. Zalman indicated the fine is $6,600 and still accruing per day. She questioned the status. The Respondent stated he is waiting for the contractor to submit the permit for the windows. Ms. Zalman advised that once the entire process is done the Respondent will apply for a Lien Reduction. He will bring in a timeline giving an idea of what was spent. The fine will be certified in the amount of $6,600 and it continues to accrue until such time it is complied. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,600, which will continue to accrue until complied. She noted that administrative fees in the amount of $384.12 have been paid. Fine Certification Hearing Case No. 22-2293 Dowells Investments LLC Property Address: 20 Crossings Circle, D Officer Estime presented this case. The Special magistrate Hearing date was March 15, 2023, and the Respondent did not appear. A compliance date was set for April 18, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on May 15, 2023, and the violation still exists. There are 29 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $2,900, plus administrative fees in the amount of$384.12, for total of$3,284.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $3,284.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2630 Thompson Vernon Jr. Trust Property Address: 208 East Martin Luther King, Jr. Boulevard Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Officer Estime presented this case. The Special Magistrate Hearing was on March 15, 2023, and the Respondent appeared. A compliance date was set for April 3, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on May 15, 2023, and the violations have complied. There are 41 days of non-compliance. As of this date, the total fine is $6,150, as administrative fees in the amount of $384.12 have been paid. Vernon Greg Thompson, owner, was present. Ms. Zalman advised that administrative fees of $384.12 have been paid. The fine will be certified for $6,150. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,150, and noted that administrative fees in the amount of$384.12 have been paid. Fine Certification Hearing Case No. 22-3303 Thompson Vernon Jr. TR Property Address: 606 NE 1St Street Officer Estime presented this case. The Special Magistrate Hearing was on March 15, 2023, and the Respondent appeared. A compliance date was set for April 28, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on May 15, 2023, and the violations still exist. There are 19 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the total fine is $1,900, as administrative fees in the amount of$384.12 have been paid. Vernon Greg Thompson, owner, was present. Ms. Zalman stated the fine is still accruing at $100 per day. The Respondent advised that the permit is in, and it is in progress. Ms. Zalman mentioned that once in compliance, the Respondent will apply for a Lien Reduction and bring in a timeline showing costs. The fine was certified for $1,900. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,900. It was noted that administrative fees in the amount of$384.12 have been paid. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Fine Certification Hearing Case No. 22-3304 Thompson V Jr & Marjorie C Property Address: 614 NE 1St Street Officer Estime presented this case. The Special Magistrate Hearing was on March 15, 2023, and the Respondent did appear. A compliance date was set for April 28, 2023, or a fine of$100 per day, plus administrative fees. The property was last inspected on May 15, 2023, and the violations still exist. There are 19 days of non-compliance, and the fine continues to accrue at $100 per day. As of this date, the total fine is $1,900, as administrative fees in the amount of$384.12 were paid. Vernon Greg Thompson, owner, was present. The Respondent stated this is the same issue with the permit and it is the same property. Ms. Zalman commented that this is the one with the fence. The fine will be certified for $1,900, and it was noted that administrative fees of $384.12 were paid. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,900. It was noted that administrative fees in the amount of$384.12 have been paid. Fine Certification Hearing Case No. 22-2162 Lawrence Grove Homeowners Assn Property Address: 1246 Sussex Street Officer Hill presented this case. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did not appear. A compliance date was set for February 21, 2023, or a fine of$75 per day, plus administrative fees. The property was last inspected on May 8, 2023, and the violation still exists. There are 85 days of non-compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $6,375, plus administrative fees in the amount of$384.12, for a total of$6,759.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $6,759.12, which includes administrative fees in the amount of$384.12. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Fine Certification Hearing Case No. 22-2933 Auraz Violeta A. Property Address: 7276 Chesapeake Circle Officer Hill presented this case. This property owner has applied for an extension of time and has paid the administrative fees. The City is requesting the compliance date to be moved to May 1, 2023. The permit was delayed due to the homeowner's HOA. Once he realized the HOA was not going to approve his project, he removed the shed he had installed immediately. Ms. Zalman mentioned that the compliance date was April 20, 2023, and they are going to extend the date to May 1, 2023. The property is in compliance and administrative fees of$384.12 have been paid. An Amended Compliance Date Order will go out. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to May 1, 2023. She noted the property is in compliance and administrative fees in the amount of $384.12 have been paid. An Amended Compliance Date Order will go out. Fine Certification Hearing Case No. 23-0522 Northland Luagno LLC Property Address: 1400 Via Lugano Circle Officer Hill presented this case. This property owner has applied for an extension of time and has paid the administrative fees. The original compliance date was April 3, 2023, and the City is requesting the compliance date be moved to August 29, 2023. The permit was applied for on March 28, 2023, but is still not approved. The owner has actively been responding to comments. On May 11, 2023, the permit was resubmitted and is now being reviewed again. Carrie LeVeck, Property Manager, was present. Ms. Zalman stated the City is recommending an extension from April 3, 2023 to August 29, 2023. She noted that administrative fees in the amount of $384.12 have been paid. An Amended Order will go out changing the compliance date. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to August 29, 2023, and noted that administrative fees in the amount of $384.12 have been paid. An Amended Order will go out changing the compliance date. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Fine Certification Hearing Case No. 22-2391 Lecours Alain P Property Address: 2315 North Congress Avenue, #13 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 March 21, 2023, or a fine of$75 per day, plus administrative fees. The property was last inspected on May 12, 2023, and the violation still exists. There are 56 days of non- compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $4,200, plus administrative fees in the amount of$384.12, for a total of$4,584.12. Alain Lecours, owner, was present. Ms. Zalman indicated that the violation still exists, so there is still a daily fine of $75 per day until it is closed. The fine will be certified for $4,584.12. The Respondent explained this is the first time he received documentation. The Inspector told him the Notices were sent to the property address, which is rented, and he lives in Canada and travels in the winter. He stated his address with the City is in Canada and that the Notice for this Hearing was sent to Canada. Prior to that, Notices were being left on the property. Officer Chevalier Bien-Aime advised that the first Notices went to his address in Canada in December, and he said he was on vacation. The Respondent stated that is correct, but he understands there were previous Notice of Violations before this Hearing that he did not receive. If he would have been informed, he would have taken care of it. Regarding the termites, the Association is looking at this. His tenant told him there were termites, so he contacted the Association, and they went three times throughout the year. It is a condo, so he cannot do the termite extermination. Ms. Zalman commented that he might have a claim against the Association. She asked what violations still exist. Officer Chevalier Bien-Aime advised the Respondent needs a Business Tax Receipt and a Certificate of Use and Occupancy. It was noted that all the Notices were sent to his address and posted. Ms. Zalman questioned the status of the Business Tax Receipt and the Certificate of Use and Occupancy. The Respondent replied that he is going to register since he is aware. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Tanya Guim, Community Standards Supervisor, advised whenever they mail something overseas, they send it by mail, but they have no control over the mailing because it is outside of the United States. The property was posted as another way of service and if the tenant did not forward the Notice to him, that again is out of the City's control. Ms. Zalman suggested the Respondent might consider having a property manager since he lives out of the country because they would have told him what he needed. The Respondent stated the last thing he wants is to have trouble. He was not aware. For him registering the business is a formality, not an issue. Regarding the termites, he has a Condo Association, and for the last six months the tenant has told him that everything is fine. Officer Chevalier Bien-Aime indicated the property has never been inspected to see if the termite issue was resolved. Ms. Zalman advised that the Respondent needs to get the license to be able to rent,which is to protect the tenants. She explained that the Respondent can apply for a Lien Reduction once everything is in compliance and he can provide evidence that he had a good faith intention, etc. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$4,584.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-2216 Bosier Thomas L Property Address: 170 NE 28th Court This case complied prior to the Hearing. Fine Certification Hearing Case No. 21-2634 Palm Beach Leisureville Property Address: 2000 SW 13th Avenue Officer Redondo presented this case. The Special Magistrate Hearing was on February 15, 2023, and the Respondent did not appear. A compliance date was set for April 20, 2023, or a fine of$100 per day, plus administrative fees. The property was last inspected on May 5, 2023, and the violation still exists. There are 27 days of non-compliance, and the fine continues to accrue at $100 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. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Decision As no one was present to testify, Ms. Zalman certified the fine of $3,084.12, which includes administrative fees in the amount of$384.12. Lien Reduction Hearing Case No. 22-1420 Trach John F & June F Property Address: 302 Glen Arbor Terrace Property Violation(s): As noted in code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was May 25, 2022. The Special Magistrate Hearing was on September 21, 2022, and the Respondent did appear. A compliance date was set for December 5, 2022, or a fine of $50 per day. The Respondent complied on January 17, 2023. There are 42 days of non-compliance at $50 per day. As of this date, the total fine is $2,100, and it was noted that administrative fees in the amount of$384.12 have been paid. June Trach, owner, was present. Ms. Zalman indicated that the accrual of the fine is closed, and the total fine is $2,100. Administrative fees of $384.12 have been paid. The City reviewed this file and they are recommending the payment of 20% of the fine, which is $420. The Respondent thinks the fine should be zero. There was an eviction notice on this property in September and it took until January to get the person out. From the day the person moved out, it probably took them two weeks to resod and clean up. They spent thousands of dollars to bring the property into compliance. Ms. Zalman stated this is an investment property, it is not a Homestead, though she understands this was outside of their control. Evidence was presented that everything they could do legally was done. The City recommendation is clear, they are at $420. An Order will be received via mail, which can be paid at the City or by mailing a check. The fine must be paid within 90 days, or it reverts to the original amount. She is going to make it a flat amount of$400. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $400. It was noted that administrative fees in the amount of$384.12 have been paid. The fine must be paid within 90 days, or it will revert to the original amount. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Lien Reduction Hearing Case No. 19-2228 134 SW 1411 Avenue Land Trust Property Address: 134 SW 14th Avenue Property Violation(s): As noted in code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was August 7, 2019. The Special Magistrate Hearing was on September 16, 2020, and the Manager, M. Fioley, did appear. A compliance date was set for January 16, 2021, or a fine of $50 per day. The Respondent complied on February 19, 2021. There are 33 days of non-compliance at $50 per day. As of this date, the total fine is $1,650, plus administrative fees in the amount of$384.12, for a total of$2,034.12. Michael Fioley, Paramount Construction and Construction Consulting, was present on behalf of his client, David Setchum. David Setchum, owner, of the Land Trust, was present. Ms. Zalman indicated that the City is recommending a 20% reduction of the lien, which is $330, but administrative fees in the amount of$384.12 are pending and those do not get waived. The recommendation is $330 plus administrative costs of $384.12 for a total of $714.12. The Respondent asked if he could pay that today. Ms. Zalman advised that it has to be approved by the City Commission prior to payment. An Order will be received via mail. The Respondent questioned what a 20% lien reduction means. Ms. Zalman explained that the lien was $1,650, so less 20% is $330. Mr. Fioley stated the situation in the delay was because of their current tenant's mental issues and Covid, and they had limited access to get in to comply. Now that everything has been complied, they were looking for a little leniency. Ms. Zalman advised this is the final Hearing unless they apply for an Appeal to the Commission. Once the fine is paid, there is a Release of Lien and it is closed in public records. If you need a letter soon stating the amount, they can contact Tanya Guim, who can assist with that. Tanya Guim asked if Mr. Setchum needs a letter day and if he is selling the property. A letter today will say the amount pending, and the other letter will come in about seven days. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 17, 2023 Mr. Setchum stated he would wait for the seven days. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $714.12, 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. 23-0383 301 West Boynton Beach Boulevard Tanya Guim, Community Standards Supervisor, explained that this case was heard at the March 15, 2023 Hearing. She is requesting the Order be rescinded because it was cited improperly. Ms. Zalman agreed to the recommendation and the Order is being rescinded. Decision Due to Ms. Guim's request, Ms. Zalman ordered that the March 15, 2023 Order be rescinded. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:28 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 20