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Minutes 06-21-23 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/FINE CERTIFICATIONS HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JUNE 21, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Calim Estime, Community Standards Specialist Mark Karageorge, Community Standards Specialist Brandon Chevalier Bien-Aime, Community Standards Specialist Pat Hart, Community Outreach Coordinator Gayla Hill, Community Standards Specialist Isis Sablon, Community Standards Associate Monica Higuero, Administrative Associate I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:04 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 4 22-2247 Removed 5 22-2248 Removed 7 22-3221 Complied IV. NEW BUSINESS Case No. 22-505 TUSCANY ON THE INTRACOASTAL Property Address: 2300 S FEDERAL HWY Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case. The property owner has applied for an extension of time and paid the administrative fees. The Respondent is requesting a compliance date to be moved to October 19, 2023. 1 Ms. Zalman asked if that would put it into compliance with no fine accrual. Officer Chevalier Bien-Aime replied yes. Ms. Joanne Lee, Board President, and Josh [inaudible] Community Manager, were present. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of October 19, 2023. Case No. 22-1137 INTAB LLC Property Address: 2303 S FEDERAL HWY, 1 Property Violation(s): As noted in code sections stated below. Sheila Perez Yasinovsky, on behalf of the Respondent, was sworn in. She explained the relationship between the property managers and INTAB LLC. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case. The property owner has applied for an extension of time and paid the administrative fees. The Respondent is requesting a compliance date to be moved to August 5, 2023. He confirmed the City has no objection. Officer Chevalier Bien-Aime confirmed there will be no fine accrual. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of August 5, 2023. Case No. 21-1414 STEFANOVIC ROCHELLE Property Address: 503 SE 23RD AVE Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case. The property owner has applied for an extension of time and paid the administrative fees. The Respondent is requesting a compliance date to be moved to September 22, 2023. He confirmed the City has no objection. Officer Chevalier Bien-Aime confirmed there will be no fine accrual. He stated the property owner is requesting an extension to get some permits pushed through. Rochelle Stefanovic, owner, was present. Ms. Stefanovic stated the violation for the fence was presented to her neighbor as it is the same fence. She stated the fence is on his property and she was not able to get a permit for it. She said she cannot find an engineer to address the roof structure because it is a small project of 5 feet. She said the code allows for a shed or outhouse structure under 2 100 square feet. She said the structure is way under 100 square feet. She submitted a picture of the structure. Ms. Zalman asked why they are discussing the shed. Officer Chevalier Bien-Aime said she is complied for the fence. She was cited for both the fence and the roof structure, and she has a permit for the fence. Ms. Zalman clarified the Order will indicate the violation still exists but the administrative fees of$384.12 have been paid. Officer Chevalier Bien-Aime said the fine is $100 per day. Ms. Zalman recommended Ms. Stefanovic meet with the City to determine why it is violation. Ms. Stefanovic said the violation was because the structure was attached to the fence, but it has since been detached from the fence. She thought it was then in compliance. Officer Chevalier Bien-Aime stated Ms. Stefanovic met with the Building Department, and they told her she needs a permit. Ms. Stefanovic said she was told she needs a zoning permit. Ms. Zalman said she will likely need a permit even to remove or demolish the structure. She clarified that Ms. Stefanovic needs a licensed engineer to draw a diagram. Pat Hart, Community Outreach Coordinator, said he has experience with a similar case. He stated the reason it needs a permit is because it is not prefabricated. He said prefabricated sheds have engineer drawings to prove they are built correctly. He added if it is does not have electric or water attached to it, it can be torn down without a permit. Ms. Stefanovic asked for help identifying an engineer. Mr. Hart said they do not have a list of engineers. He said he can provide a list of contractors from the Building Department. Ms. Stefanovic asked if she can apply to stop the fine accrual. Ms. Zalman said she can apply once there is a permit application process. She said Ms. Stefanovic can apply for a lien reduction hearing. Ms. Zalman reiterated Ms. Stefanovic needs to find an affordable engineer or consider removing the structure, to stop the fine accrual. Officer Chevalier Bien-Aime indicated where the shed is in a picture. Ms. Stefanovic asked if she can get her fine reduced if she demolishes the structure. Officer Chevalier Bien-Aime said to contact the City for inspection as soon as it is demolished so it can be complied. Ms. Zalman said the fine will still exist unless Ms. Stefanovic applies for a lien reduction hearing. She outlined the steps to apply for the lien reduction. 3 Officer Chevalier Bien-Aime stated Ms. Stefanovic paid for the extension. He said the fines started accruing April 20, 2023. Ms. Zalman stated that Ms. Stefanovic has until September 22, 2023, to bring it into the compliance without fine accrual. She said the extension was granted. Ms. Zalman asked Officer Estime why the fine amounts were different for cases 6 and 8. Officer Estime explained both are certificate of use occupancies, but one failed the inspection for a water heater and the other case just needed an inspection scheduled. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of September 22, 2023. Case No. 22-2895 JWC BERMUDA CAY LLC Property Address: 621 E WOOLBRIGHT RD, B107 Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case, which was a routine inspection. The initial inspection date was October 19, 2022. This is not a repeat violator. Written notice was issued on October 25, 2022, with 15 days to comply. The green card was signed on April 28, 2023. The property was last inspected on June 20, 2023. This is not a health and safety hazard. The City recommends compliance by July 25, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. Ms. Zalman asked why the case was called. Ms. Sablon stated the case was called because it is not an extension request. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 25, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case No. 22-3227 JWC BERMUDA CAY LLC Property Address: 621 E WOOLBRIGHT RD, B302 Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case, which was a routine inspection. The initial inspection date was December 12, 2022. This is not a repeat violator. Written notice was issued on December 14, 2022, with 15 days to comply. The green card was signed on April 19, 2023. The property was last inspected 4 on June 20, 2023. This is not a health and safety hazard. The City recommends compliance by July 10, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 10, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case No. 23-21 BB SOUTH LLC Property Address: 411 SE 1 STAVE Property Violation(s): As noted in code sections stated below. Officer Hart, Community Outreach Coordinator, presented this case, which was a routine inspection. The initial inspection date was January 4, 2023. Written notice was issued on January 9, 2023, with 15 days to comply. Certified mail was sent on April 19, 2023, and the green card was signed on May 2, 2023.The property was last inspected on June 20, 2023. The City recommends compliance by July 25, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 25, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case No. 23-593 SOACES LLC Property Address: 2303 S FEDERAL HWY, 8 Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case. The property owner has applied for an extension of time and paid the administrative fees. The Respondent is requesting a compliance date to be moved to August 5, 2023. He confirmed the City has no objection. Officer Chevalier Bien-Aime confirmed there will be no fine accrual. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of August 5, 2023. Case No. 23-1005 PACILLO LISA & TORRIERO DOMINIC Property Address: 3032 WATERSIDE CIR SFHA 5 Property Violation(s): As noted in code sections stated below. Officer Hart, Community Outreach Coordinator, presented this case, which was a routine inspection. The initial inspection date was March 24, 2023. Written notice was issued on March 27, 2023, with 30 days to comply. Certified mail was sent on April 27, 2023, and the green card was signed on March 3, 2023. Permits for the interior renovation were disapproved on May 19, 2023, and further action has not been taken. This is a health and safety hazard. The City recommends compliance by July 25, 2023, or a fine of $150 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 25, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Case No. 23-308 SAB BOYNTON HOLDINGS LLC Property Address: 2298 N CONGRESS AVE Property Violation(s): As noted in code sections stated below. Officer Hill, Community Outreach Coordinator, presented this case. This is not a repeat violator. Respondent was given 30 days to comply. Certified mail was sent on April 18, 2023. Notice was posted on the property and City Hall on June 1, 2023. This is not a health and safety hazard. The City recommends compliance by July 25, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 25, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case No. 23-607 PROGRESS RESIDENTIAL BORROWER Property Address: 80 BAYTREE CIR Property Violation(s): As noted in code sections stated below. Officer Hill, Community Outreach Coordinator, presented this case. This is not a repeat violator. Certified mail was sent on April 18, 2023, and the green card was signed on May 5, 2023. This is a health and safety hazard because there are no working smoke detectors inside the home, and it is occupied by a tenant. The City recommends compliance by July 5, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. The Respondent was not present. 6 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 5, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-210 SCHLESINGER LIDOR Property Address: 210 SE 4TH AVE, 2 Property Violation(s): As noted in code sections stated below. Officer Chevalier Bien-Aime, Community Standards Specialist, presented this case. The Special Magistrate Hearing was on March 15, 2023, and the Respondent did appear. A compliance date was set for April 18, 2023, or a fine of $75 per day plus administrative fees of$384.12 The property was inspected on May 18, 2023, and the violation no longer exists. There were 30 days of non-compliance at $75 per day. As of this date, the total fine is $2,250, plus administrative fees in the amount of$384.12, for a total of$2,634.12. The Respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $2,634.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-3320 ALBURY ELIZA L Property Address: 204 NE 13TH AVE Property Violation(s): As noted in code sections stated below. Officer Estime presented this case. The Special Magistrate Hearing was on April 19, 2023, and the Respondent did appear. A compliance date was set for May 8, 2023, or a fine of$75 per day plus administrative fees. The property was inspected on May 10, 2023, and the violation still exists. There are 44 days of non-compliance at $75 per day. As of this date, the total fine is $3,300, plus administrative fees in the amount of$384.12, for a total of$3,684.12. Lilian Albury, on behalf of the Respondent, was present. Ms. Zalman noted the case is ongoing and the total fine is $3,684.12. The Respondent stated the property is owned by her grandmother. She has pictures and videos from March 30, 2023, that show the property being cleaned out. She said she was unaware of the fine and the issue was resolved on March 30, 2023. 7 Ms. Zalman asked what violations still exist and why the fine is still running. Officer Estime said his May 10, 2023, inspection show the violations still exist. He stated no one has reached to him until today. He said he can meet up with the resident to confirm compliance. Ms. Zalman inquired about the specific violations and whether they inspect right before the hearing. Officer Estime clarified they inspect on Order date for fine certifications. Ms. Albury asked how to appeal the decision. She stated they were cleaning out the on the May 10th inspection date and she has photographs that do not correspond with Officer Estime's inspection decision. She does not agree with the timeline. Ms. Zalman recommended Ms. Albury contact Code Compliance to set up an inspection to stop the accruing fine. Then, once in compliance, set a lien reduction hearing. She encouraged Ms. Albury to work with the City prior to the lien reduction hearing. Ms. Albury said they are making every effort to restore the property since it has been in their family for 80 years. She stated they want to be in compliance. She clarified her next steps. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $3,684.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-284 JEBODH KEVIN T Property Address: 3112 S SEACREST BLVD Property Violation(s): As noted in code sections stated below. Officer Karageorge presented this case. The Special Magistrate Hearing was on January 18, 2023, and the Respondent did appear. A compliance date was set for May 18, 2023. The property complied yesterday. There are 33 days of non-compliance at $75 per day. As of this date, the violation is in compliance and the administrative fee assessed in the original special magistrate order was paid. Kevin Jebodh, owner, was present. Ms. Zalman indicated the property is in compliance so the property will no longer accrue fines. Decision Due to evidence and testimony, Ms. Zalman certified the total amount of$2,475.00. 8 V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:02 a.m. [Minutes by TBaclawski, Prototype-Inc.] 9