Loading...
Minutes 08-16-23 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, AUGUST 16, 2023, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Monica Higuero, Community Standards Associate Isis Sablon, Community Standards Associate Brandon Chevalier Bien, Community Standards Specialist Gayla Hill, Community Standards Specialist Calim Estime, Community Standards Specialist Mark Karageorge, Community Standards Specialist Luney Guillaume, Community Standards Specialist Redondo Ronald, Community Standards Specialist Shiloh Toler, Engineering Department I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:08 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and not to the City Commission. Also, a fine will be imposed if the violation(s) are not corrected by the deadline. II. INTRODUCTION AND SWEARING IN OF WITNESSES Community Standards Associate, Isis Sablon, administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status 1 22-3040 Removed 2 23-0568 Removed 3 23-0930 Removed 8 22-3060 Removed 12 22-1859 Complied 19 23-0738 Complied 24 23-1429 Complied IV. NEW BUSINESS Case Hearing Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Case No. 22-3040 DABUSCO MICHAEL GAIL VINCENT Property Address: 401 SE 12TH AVE The case was removed prior to the hearing. Case Hearing Case No. 23-0568 BONNER CHARLES S Property Address: 2111 NE 4TH ST The case was removed prior to the hearing. Case Hearing Case No. 23-0930 SFR XII NM MIAMI OWNER 1 LP Property Address: 211 NE 16TH CT The case was removed prior to the hearing. Case Hearing Case No. 23-0932 50 FRIENDS FUNDS CAPITAL LLC Property Address: 424 SW 10TH AVE Type of Property: SINGLE FAMILY Property Violation(s): CO CH 13 SEC 13-16 CO CH13 SEC 13-7 Inclusive CO CH 15 SEC 15-120.D1 D CO CH 15 SEC 15-120.D1A Officer Chevalier Bien presented this case. This is not a health and safety hazard. The City recommends compliance by September 19, 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 September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1016 VALCIN JANEL Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Property Address: 1800 NE 2ND CT Type of Property: SINGLE FAMILY Property Violation(s): CO CH 13 SEC 13-16 CO CH13 SEC 13-7 Inclusive CO CH 15 SEC 15-120.D1 D Officer Chevalier Bien presented this case. This is not a health and safety hazard. The City recommends compliance by September 19, 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 September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1237 DIAZ LAURA INEA DIAZ Property Address: 1114 LAKE TER 210 Type of Property: CONDOMINIUM Property Violation(s): CO CH 13 SEC 13-16 CO CH13 SEC 13-7 Inclusive Officer Chevalier Bien presented this case. This is not a health and safety hazard. The City recommends compliance by September 19, 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 September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1241 SABUES LLC Property Address: 1858 NE 5TH ST Type of Property: CONDOMINIUM Property Violation(s): CO CH 13 SEC 13-16 CO CH13 SEC 13-7 Inclusive Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Officer Chevalier Bien presented this case. This is not a health and safety hazard. The City recommends compliance by September 19, 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 September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-3060 BEHROOZI PARIVASH Property Address: 125 NW 6TH AVE The case was removed prior to the hearing. Case Hearing Case No. 23-0657 SEM PO YING Property Address: 710 NE 1ST ST Type of Property: 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 February 24, 2023. This is not a repeat violator. A courtesy notice was issued on February 24, 2023, with 30 days to comply. Proof of service green card was signed on June 16, 2023. The property was last inspected on July 31, 2023. This is not a health and safety hazard. The City recommends compliance by September 5, 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 September 5, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1254 ALLEN UGANDA V Property Address: 147 NW 13TH AVE Property Type: SINGLE FAMILY/HOMESTEADED Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Property Violation(s): CO CH 15 SEC 15-120.D1A CO CH 15 SEC 15-120.D1 D CO CH 10 SEC 15-120.E2C Officer Estime presented this case, which was a routine inspection. The initial inspection date was April 13, 2023. This is not a repeat violator. A courtesy notice was issued on, April 14, 2023, with 30 days to comply. Proof of service was posted on property on August 4, 2023. The property has not contacted Officer Estime until this morning. The property was last inspected on June 6, 2023. This is not a health and safety hazard. The City recommends compliance by September 5, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Uganda Allen, owner, was present and sworn in. Ms. Zalman asked how much time the Respondent needed to comply. Ms. Allen said she will make the kids clean the yard today. She said she is on disability and must save to get the window fixed. She stated she will ask her sister about the sod. Ms. Zalman stated she will provide additional time. The City has no objection. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 31, 2023, or a fine of $75 per day will accrue. She waived the $384.12 administrative fees due to hardship. Case Hearing Case No. 23-1260 DEALE WILLIAM R Property Address: 502 NE 2ND ST Type of Property: MULTI FAMILY Property Violation(s): As noted in Notice of Violation Officer Estime presented this case, which was a routine inspection. The initial inspection date was April 14, 2023. This is not a repeat violator. A courtesy notice was issued on April 14, 2023, with 30 days to comply. Proof of service was posted on the property on August 4, 2023. The property was last inspected on June 26, 2023. This is not a health and safety hazard. The City recommends compliance by September 5, 2023, or a fine of $75 per day. No administrative fee assessed on this case. The owner was not present. Ms. Zalman asked if she wanted to give more time for the repaving. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Officer Estime replied no since no one has contacted him. 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 in the amount of$384.12. Case Hearing Case No. 23-1859 L & E BB LLC Property Address: 100 NE 10TH AVE The case complied prior to the hearing. Case Hearing Case No. 22-0450 BOYNTON PROPERTY HOLDINGS LLC Property Address: 1601 N CONGRESS AVE Type of Property: COMMERICAL Property Violation(s): CO CH 15 SEC 15-120.D1A (D & H) LDR CH 4 ART 2 SEC 4 A13 (A & B) Officer Hill presented this case, which was a routine inspection. This is not a repeat violator. A courtesy notice was issued on February 14, 2023, with 30 days to comply. Notice was sent via certified mail on June 13, 2023, and signed green card July 18, 2023. This is not a health and safety hazard. The City recommends compliance by September 5, 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 September 5, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1572 SWAY 2014 1 BORROWER LLC Property Address: 401 NW 8TH CT Type of Property: SINGLE FAMILY / NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120.D1 B CO CH 15 SEC 15-120.D1 D CO CH 15 SEC 15-120.D1 H CO CH 10 SEC 10-56B Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Officer Hill presented this case, which was a routine inspection. This is not a repeat violator. The initial inspection date was May 16, 2023. A courtesy notice was issued on May 16, 2023, with 30 days to comply. Notice was sent via certified mail on July 6, 2023, and signed green card July 25, 2023. This is not a health and safety hazard. The City recommends compliance by September 5, 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 September 5, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1166 ELIZABETH J, ELLISTON, EMERSON Property Address: 201 NE 18TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7A CO CH 13 SEC 16 CO CH 15 SEC 15-120.131 B CO CH 15 SEC 15-120.131 D Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was April 20, 2023. This is not a repeat violator. A courtesy notice was issued on, September 19, 2022, with 30 days to comply. Proof of service green card was signed on July 25, 2023. The property was last inspected on August 14, 2023. This is not a health and safety hazard. The City recommends compliance by September 19, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Errol Beckels, owner, was present. Ms. Zalman stated there was no proof of ownership. The Respondent said he is on the deed. Officer Guillaume confirmed. Ms. Zalman asked how much time he needs to comply. The Respondent replied he is working on the violations. Ms. Zalman recommended 60 days. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 The Respondent said the grass if the difficult one. Ms. Zalman suggested trying a less expensive alternatives. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date October 19, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0527 DENIS ALEXISE L Property Address: 168 SE 30TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120.131 D Officer Karageorge presented this case, which was a City referral. The initial inspection date was February 13, 2023. This is not a repeat violator. A courtesy notice was issued on February 13, 2023, with 30 days to comply. The notice was sent certified mail on May 31, 2023, and signed green card on June 8, 2023. He received a complaint from the Supervisor and attempted to contact the owner several times. He spoke to a resident who agreed to purchase sod but decided to go grass seed instead. The grass seed was placed this week. The property was last inspected on August 15, 2023. This is not a health and safety hazard. He said the trash violation was resolved. The City recommends compliance by October 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Alexise Denis, owner, was present. The Respondent said she already laid the grass seed, but it did not work. She said the sod costs so much money. Ms. Zalman said October is plenty of time for the grass seed to grow. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1284 DARIANO AMBER M TRUST Property Address: 207 SE 21 ST AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 inclusive Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 CO CH 13 SEC 13-16 Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was April 17, 2023. This is not a repeat violator. A courtesy notice was issued on April 18, 2023, with 21 days to comply. The notice was posted on the property and at City Hall on June 28, 2023. He stated that while working on an appearance case on the property, he discovered the BTR exception had not been removed. On June 30, 2023, the met with tenant and the tenant said he was paying rent and not part of the family. Officer Karageorge spoke with the owner, but the BTR had not yet been applied for. This is not a health and safety hazard. He said the trash violation was resolved. The City recommends compliance by September 19, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Amber Dariano, owner, was present. The Respondent said she applied for the address on file to be changed. She said she did not receive the notice when her tenant sent it to her in June and confirmed the BTR application has been completed. Ms. Zalman stated the Respondent needs to continue to check the portal to confirm it has been processed and should check in with her code officer. The Respondent asked for her address to be changed today for the $384.12 administrative fee order. Officer Karageorge asked the Respondent to contact him once payment is completed so he can inspect the property again. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1490 DAWKINS DIONDRE A Property Address: 1982 SE 1ST CIR Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Karageorge presented this case, which was a citizen's complaint. The initial inspection date was May 5, 2023. This is not a repeat violator. A courtesy notice was issued on May 5, 2023, with 21 days to comply. The notice was posted on the property and at City Hall on July 24, 2023. He stated this case was cited with a previous owner Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 who did not obtain a permit for the work on the interior. The new owner is now responsible and has contacted the previous owner and the contractor to get it resolved. The contractor submitted the permit on Monday and made payment yesterday. It is still in process. This is not a health and safety hazard. He said the trash violation was resolved. The City recommends compliance by September 19, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Diondre Dawkins, owner, was present. Ms. Zalman asked the Respondent if he did a title search when he purchased the project. The Respondent said yes but it did not come up in the title search. He said he may have to hire an attorney. Officer Karageorge said an email will be sent to the contractor about any notes in the portal. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 19, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0738 SF HOMEBUYERS LLC Property Address: 240 N PALM DR The case complied prior to the hearing. Case Hearing Case No. 23-0028 TREPCA BLEDI Property Address: 2512 SW 13TH ST Type of Property: SINGLE FAMILY / NON-HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Ronald presented this case, which was a routine inspection. The initial inspection date was February 4, 2023. This is not a repeat violator. A courtesy notice was issued on January 9, 2023, with 30 days to comply. The notice was posted on the property and City Hall on August 4, 2023. It is a health and safety hazard. The City recommends compliance by September 19, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. The owner was not present. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 19, 2023, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-0728 FINNERTY VIRGINIA R Property Address: 443 SW 8TH AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH15-120.132A Officer Ronald presented this case, which was a citizen complaint. The initial inspection date was February 28, 2023. This is not a repeat violator. A courtesy notice was issued on March 1, 2023, with 60 days to comply. Proof of service green card was signed on April 13 , 2023. The property was last inspected on August 1, 2023. This is not a health and safety hazard. The City recommends compliance by October 19, 2023, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Shiloh Toller, Engineering Department, was present as a witness. She stated this was a multi-million-dollar reconstruction of the swales from 2019-2020. She said per the LDRs no reconstruction or regrading of the right-of-way is allowed without a permit. Ms. Zalman said asked why it was done. Officer Ronald stated he spoke with the owner's representative, and it was to approve the appearance of the property at that time. Sharon Wynne, owner's representative, was present. Ms. Zalman said they do not have her name listed as an owner of the property. The Respondent said her mother in 98 years old with Alzheimer's disease. She stated her name was added to the deed several years ago. Officer Ronald said the deed, dated April 2012, only lists Virginia Finnerty as the owner. Ms. Zalman tabled that hearing for ten minutes to confirm her name on the deed. Ms. Wynne said she can present a copy of the Power of Attorney within five minutes. Ms. Zalman said she will recall the case. Ms. Zalman recalled the case at 10:00 a.m. Decision Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 19, 2023, or a fine of$100 per day, plus administrative fees of$384.12. Ms. Zalman recalled the case again at 10:11 a.m. The Respondent submitted paperwork to Officer Ronald and Ms. Zalman. Ms. Zalman stated the paperwork is sufficient. She summarized the City's recommendation. She asked for a status update on the current violation. Ms. Wynne said they have not stated their case yet on why they should not pay. She confirmed she has an issue with the violation. Ms. Zalman replied she need to take up the issue with the City. She stated she is a Special Magistrate who issues fine for the breach of the City code. Ms. Wynne noted there is a double standard about the swales on their side of the street but not on the City's side of the street. Officer Ronald said the City addresses all swales, but this was a citizen's complaint. Ms. Wynne submitted evidence to Officer Ronald. Ms. Zalman described the two photographs submitted, showing police officers pulled over on the swales. Ms. Wynne described the photograph of the house on 443 SW 8t" Avenue and swales. She said they are the fourth house in that area and are the original owners of the house. She asked what they are protecting with the swales. Ms. Zalman reiterated her purview as a Special Magistrate. Officer Ronald said the Respondent appeared to fill in the swale with fill and sod, which is a violation of City code. He said she needs to restore the swale to its original condition. Ms. Wynne said it has been restored already. Ms. Zalman asked for the date of last inspection. Officer Ronald replied it was last inspected on August 1, 2023. Ms. Zalman asked how much time the owner needs to bring it in compliance. Ms. Wynne said her mother has no money and they are putting on a new roof today. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Ms. Zalman upheld her original decision and encouraged the Respondent not to ignore the violation. Case Hearing Case No. 23-1222 PODRAY LORI Property Address: 220 SW 1 ST ST Type of Property: SINGLE FAMILY / NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120.D1 D Officer Ronald presented this case, which was a routine inspection. The initial inspection date was April 12, 2023. This is not a repeat violator. A courtesy notice was issued on April 12, 2023, with 30 days to comply. It is not a health and safety hazard. The City recommends compliance by August 29, 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 29, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1259 NAURELUS IGLAD A Property Address: 216 SW 5TH AVE Type of Property: SINGLE FAMILY / NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120.D1 B CO CH 15 SEC 15-120.D1A Officer Ronald presented this case, which was a routine inspection. The initial inspection date was April 17, 2023. This is not a repeat violator. A courtesy notice was issued on April 24, 2023, with 30 days to comply. Proof of service was posted on the property and City Hall on July 27, 2023. It is not a health and safety hazard. The City recommends compliance by August 29, 2023, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The owner was not present. Decision Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 29, 2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-1429 SAINT FORT JEAN C Property Address: 518 NE 2ND ST The case complied prior to the hearing. Fine Certification Hearing Case No. 22-1477 TAYLOR BRIAN & SHERMAN STEVEN Property Address: 707 SE 3RD ST Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing date was January 18, 2023, and no one appeared. A compliance date was set for February 21, 2023, or a fine of $100 per day, plus administrative fees. The property was last inspected on August 12, 2023, and the violation still exists. There are 276 days of non- compliance, and the fine continues to accrue at $100 per day. As of this date, the fine is $27,600, plus administrative fees in the amount of$384.12, for total of$27,984.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $27,600, plus administrative fees in the amount of$384.12, for total of$27,984.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 22-2781 MALONEY THERESA H & THOMAS Property Address: 641 E WOOLBRIGHT RD, D301 Officer Chevalier Bien-Aime asked for the case to be tabled due to a clerical error. Thomas Maloney, owner, was present. He asked about fines accrued. Ms. Zalman stated it is an open case with a daily fine. It has not been dismissed. Decision Due to evidence and testimony, Ms. Zalman upheld the request to table the item due to a clerical error. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Fine Certification Hearing Case No. 22-3227 JWC BERMUDA CAY LLC Property Address: 621 E WOOLBRIGHT RD B302 Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing date was June 21, 2023, and no one appeared. A compliance date was set for July 10, 2023, or a fine of $75 per day, plus administrative fees. The property was last inspected on August 12, 2023, and the violation still exists. There are 37 days of non-compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $2,775, plus administrative fees in the amount of$384.12, for total of$3,159.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,775, plus administrative fees in the amount of$384.12, for total of$3,159.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-1005 PACILLO LISA & TORRIERO DOMINI Property Address: 3032 WATERSIDE CIR SFHA Officer Chevalier Bien-Aime stated the property owner has applied for an extension of time and has paid the administrative fees. The Respondent requested a compliance date of November 27, 2023. He said the City has no objection to the extension. Domini Torriero, owner, was present. Ms. Zalman said she has no objection but cautioned the $150 daily fine will start accruing if the Respondent is not in compliance by the deadline. The Respondent said they applied for a permit already. Ms. Zalman said the case needs to be officially closed by November 27, 2023. Decision Due to evidence and testimony, Ms. Zalman upheld the request for a time extension of November 27, 2023. Fine Certification Hearing Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Case No. 22-2986 MERVEILLEUX CEDRIC & GIOVANNI Property Address: 421 NW 3RD ST Officer Estime presented the 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 June 22, 2023, and the violation still exists. There are 58 days of non-compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is $4,350, plus administrative fees in the amount of$384.12, for total of$4,734.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $4,350, plus administrative fees in the amount of$384.12, for total of$4,734.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-0103 CONZO MICHELLE Property Address: 7219 NORWICH LN Officer Chevalier Bien-Aime stated the property owner has applied for an extension of time and has paid the administrative fees. The Respondent requested a compliance date of August 4, 2023. She said the owner applied for the permit on May 9, 2023, and took longer than expected to get approved. She said the City has no objection to the extension. Michelle Conzo, owner, was present. Decision Due to evidence and testimony, Ms. Zalman upheld the request for a time extension of August 4, 2023. Fine Certification Hearing Case No. 23-0308 SAB BOYNTON HOLDINGS LLC Property Address: 2298 N CONGRESS AVE Officer Hill presented the case. The Special Magistrate Hearing date was June 21, 2023, and no one appeared. A compliance date was set for July 25, 2023, or a fine of$75 per day, plus administrative fees. The property was last inspected on August 8, 2023, and the violation still exists. There are 23 days of non-compliance, and the fine continues to Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 accrue at $75 per day. As of this date, the fine is $1,725, plus administrative fees in the amount of$384.12, for total of$2,109.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $1,725, plus administrative fees in the amount of$384.12, for total of$2,109.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 23-0607 PROGRESS RESIDENTIAL BORROWER Property Address: 80 BAYTREE CIR Officer Hill presented the case. The Special Magistrate Hearing date was June 21, 2023, and no one appeared. A compliance date was set for July 5, 2023, or a fine of $150 per day, plus administrative fees. The property was last inspected on August 15, 2023, and the violation still exists. There are 42 days of non-compliance, and the fine continues to accrue at $150 per day. As of this date, the fine is $6,300, plus administrative fees in the amount of$384.12, for total of$6,684.12. The owner was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,300, plus administrative fees in the amount of$384.12, for total of$6,684.12, which will continue to accrue until complied. Fine Certification Hearing Case No. 22-2055 CROSSINGS MASTER ASSN INC Property Address: 36 CROSSINGS CIR Officer Guillaume presented the case. The Special Magistrate Hearing date was January 18, 2023. The Respondent appeared. A compliance date was set for July 18, 2023, or a fine of$100 per day, plus administrative fees. The property was last inspected on August 14, 2023, and the violation still exists. There are 28 days of non-compliance, and the fine continues to accrue at$100 per day. As of this date, the fine is $2,800, plus administrative fees in the amount of$384.12, for total of$3,184.12. The owner was not present. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,800, plus administrative fees in the amount of$384.12, for total of$3,184.12, which will continue to accrue until complied. Lien Reduction Hearing Case No. 15-0454 10 PROP LLC Property Address: 746 W OCEAN AVE Property Violation(s): As noted in code sections stated below. Supervisor Vestiguerne Pierre presented this case. The notice of violation occurred on February 26, 2015. No one appeared on May 20, 2015. The City recommended compliance by June 19, 2015, or a fine of $200 per day. The Respondent did comply January 5, 2016. There have been 199 days of non-compliance at $200/day for a total amount of $39,800 plus the administrative fee. The City recommends a 20% lien reduction for a total of$7,960 plus $634.12 administrative fees. Newmon Matthai, on behalf of the Respondent, introduced himself. Ms. Zalman noted a $200/day fine is unusual so that tells her the situation was relatively bad. Mr. Matthai noted they have their rental license as an owner, but the tenant does not have her rental license. He stated she runs an adult living facility at the location. He added the tenant had some issues getting her state certification to secure her insurance. Ms. Zalman said there must have been additional health and safety violations. She asked the owner what he thought a fair amount was. Mr. Matthai requested a 10% lien reduction. Ms. Zalman explained she cannot waive the $624.12. Officer Pierre added the issue occurred when it was previously a sober home. He reiterated the owner was running the business without the license. Mr. Matthai noted the house needed some items before complying with the state. Ms. Zalman said the 10% request would total $3,980 plus the administrative fees. Office Pierre Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 16, 2023 Officer Pierre said the City recommendation of 20% is firm. Mr. Matthai said everything in the house was fine and has been inspected twice. He said they have been actively renewing their license since. Ms. Zalman said she is inclined to meet in the middle. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $6,134.12 for Case No. 15-454, which includes administrative fees in the amount of $634.12 payable within 90 days or the fine will revert to the original amount. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:49 p.m. [Minutes by T. Baclawski, Prototype Inc.] Page 19