Minutes 09-20-23 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, SEPTEMBER 20, 2023, AT 9 A.M.
PRESENT:
Hilary Zalman, Esquire, Community Standards Special Magistrate
Candice Stone, Director Standards Specialists
Vestiguerne Pierre, Community Standards Supervisor
Monica Higuero, Community Standards Associate
Isis Sablon, Community Standards Associate
Brandon Chevalier Bien-Aime, Community Standards Specialist
Kayla Virves, Community Standards Specialist
Miranda Mohorn, Community Standards Specialist
Patrick Hart, Community Standards Supervisor
Calim Estime, Community Standards Specialist
Mark Karageorge, Community Standards Specialist
Rodney Patrick, Community Standards Specialist
Ronald Redondo, Community Standards Specialist
John Kuntzman, Building Official, City of Boynton Beach
Bruce Ferguson, Solid Waste Supervisor
I. CALL TO ORDER
Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order
at 9:09 A.M. and explained the Magistrate's role and the procedures. Pursuant to Chapter
162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach
County and not to the City Commission. Also, a fine will be imposed if the violation(s) are
not corrected by the deadline.
II. INTRODUCTION AND SWEARING IN OF WITNESSES
Community Standards Associate, Isis Sablon, administered an oath to all those intending
to testify.
III. CHANGES TO THE AGENDA
Item Case No. Status
3 22-3049 Requested extension
5 22-1108 Complied
14 23-1497 Complied
18 23-1929 Removed
24 23-0010 Requested extension
IV. NEW BUSINESS
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Case Hearing
Case No. 23-1066 ARTINO LLC
Property Address: 523 SW 1 ST CT
Type of Property: MULTI-FAMILY
Property Violation(s): CO CH 13 SEC 13-16
CO CH 13 SEC 13-7 Inclusive
Officer Chevalier Bien-Aime presented this case. The initial inspection date was March
29, 2023. This is not a repeat violator. The initial notice was issued June 13, 2023, with
30 days to comply. The notice was sent certified mail on July 10, 2023. Signed green card
was dated July 17, 2023. There have been no attempts to contact the Department to
rectify the violations. The property was last inspected on September 19, 2023. This is not
a health and safety hazard. The City recommends compliance by October 24, 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 October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1339 VITAVIC LLC
Property Address: 1743 NE 6TH ST
Type of Property: MULTI-FAMILY
Property Violation(s): CO CH 13 SEC 13-16
CO CH 13 SEC 13-7 Inclusive
Officer Chevalier Bien-Aime presented this case. The initial inspection date was April 21,
2023. This is not a repeat violator. The initial notice was issued April 25, 2023, with 30
days to comply. Signed green card was dated July 12, 2023. There have been no
attempts to contact the Department to rectify the violations. The property was last
inspected on September 19, 2023, and the violations still exist. This is not a health and
safety hazard. The City recommends compliance by October 24, 2023, or a fine of $75
per day, plus administrative fees in the amount of$384.12.
The owner was not present.
Decision
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 22-3049 BOYNTON LANDINGS CONDOMINIUM
Property Address: 2309 N CONGRESS AVE CLUB H
Type of Property: CONDOMINIUM
Property Violation(s): CO CH 10 Sec, 10-56 ( B )
Officer Chevalier Bien-Aime presented this case. The property owner has applied for an
extension of time for compliance from July 20, 2023, to December 19, 2023. He said they
initially had an inspection report completed the showed the buildings were unsafe but
have since obtained a report showing that they are safe.
Mr. John Kuntzman, Building Official, stated there was a structural analysis done by a
previous engineer and it deemed all the buildings unsafe. He said a new structural
analysis was completed and the findings were not as severe. The new analysis deemed
the buildings safe for occupancy.
The City does not object to the extension.
Ms. Paula Marra, representative, introduced herself and said the current status is that the
buildings were fumigated for termites, an engineer has been retained, and a contractor
has been selected to perform the work.
Officer Chevalier Bien-Aime said they pushed the date to give them three months to apply
for permits. He said if no progress has been made, the fines will resume accruing.
Ms. Zalman agreed to an extension and stated she will enter an amended order.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 19,
2023, plus administrative fees in the amount of $384.12, unless staff confirmed it has
been paid.
Case Hearing
Case No. 23-0118 SS BOYNTON ASSOCIATES LLC
Property Address: 1901 N CONGRESS AVE
Type of Property: COMMERICAL
Property Violation(s): CO CH 15 SEC 15-120 D1A
LDR CH 4 SEC 4A13
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Officer Estime presented this case, which was a routine inspection. The initial inspection
date was January 17, 2023. This is not a repeat violator. The initial notice was issued
January 17, 2023, with 15 days to comply. Signed green card was dated August 21, 2023.
There has been no contact with the property owner. The property was last inspected on
September 14, 2023. This is not a health and safety hazard. The City recommends
compliance by October 9, 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 October 9,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1108 MAIORANA JOSEPH
Property Address: 1092 NW 10TH CT
The case complied prior to the hearing.
Case Hearing
Case No. 23-1495 MORGUARD VIZCAYA APARTMENTS LL
Property Address: 1690 RENAISSANCE COMMONS BLVD UNIT 1101
Type of Property: MULTI-FAMILY
Property Violation(s): LDR CH 2 ART 4 SEC 2A2
Officer Estime presented this case, which was a City Department referral. The initial
inspection date was May 5, 2023. This is not a repeat violator. A courtesy notice was
issued on May 9, 2023, with 30 days to comply. Proof of service green card was signed
on July 5, 2023. The property was last inspected on June 12, 2023. This is not a health
and safety hazard. The City recommends compliance by November 23, 2023, or a fine
of$100 per day, plus administrative fees in the amount of$384.12.
Ms. Meghan Lundrigen, on behalf of the respondent, was present. She said the violation
should go under the condo association. She explained the circumstances.
Ms. Zalman told her to stay in touch with the City.
Decision
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Due to evidence and testimony, Ms. Zalman extended the compliance date to November
23, 2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12.
Officer Estime said he has testimony from the Building Official as well.
Mr. John Kuntzman, Building Official, said when he wrote the red tag, he also provided a
copy of the tag to the Property Management Office on site.
Case Hearing
Case No. 23-1649 ROACHE ANIKYI N & LOLA WRIGHT
Property Address: 31 SWALLOW DR
Property Type: SINGLE FAMILY/HOMESTEADED
Property Violation(s): CO CH 10 SEC 10-56.D
CO CH 10 SEC10-56.H
Officer Estime presented this case, which was a citizen complaint. The initial inspection
date was May 25, 2023. This is not a repeat violator. A courtesy notice was issued on,
May 26, 2023, with 30 days to comply. Proof of service was posted on property on
September 7, 2023. This is a health and safety hazard. The City recommends compliance
by September 29, 2023, or a fine of$150 per day, plus administrative fees in the amount
of$384.12.
Ms. Anikyi Roache, Respondent, was present. Ms. Roache said she no longer lives at the
property after a divorce, has declared bankruptcy, and is going through a foreclosure
process. She submitted proof of bankruptcy to Ms. Zalman.
Ms. Zalman noted, based on public record, Ms. Roache is still the owner.
Ms. Roache said the other owner is Lola Wright, her former mother-in-law, who she does
not speak to.
Ms. Zalman explained fines that would be assessed. She said they will be another lien on
the property and will continue to accrue until the property is sold. She clarified the lien is
attached to the property.
Officer Estime said they recommend October 5, 2023, for compliance.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 5,
2023, or a fine of $150 per day will accrue, plus administrative fees in the amount of
$384.12, including an abatement order granting the City permission to abate, and any
costs incurred will be added as a fine.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Case Hearing
Case No. 22-0655 RODRIGUEZ AIDA & DEJESUS JORGE
Property Address: 725 SW 1 ST AVE
Type of Property: SINGLE FAMILY/HOMESTEADED
Property Violation(s): LDR CH 2 ART 4 SEC 2A2
Officer Hill presented this case, which was a citizen complaint. The initial inspection date
was March 8, 2022. This is not a repeat violator. A courtesy notice was issued on June
3, 2023, with 30 days to comply. Notice was sent via certified mail on July 11, 2023, and
posted on the property and City Hall on September 6, 2023. Permit was applied for on
February 13, 2023, and then disapproved with comments on June 12, 2023. To date
comments have not been addressed and the permit has not been approved. The property
was last inspected on September 19, 2023. This is not a health and safety hazard. The
City recommends compliance by October 24, 2023, or a fine of $100 per day, plus
administrative fees in the amount of$384.12.
Aida Rodriguez, owner, was not present. She said she hired someone to do the work and
they took her money, and she now needs guidance.
Ms. Zalman asked Ms. Rodriguez to connect with Ms. Hill.
Ms. Rodriguez said she is handicapped. She submitted pictures of her backyard. She
said she needs the pavers because she falls. She asked for more time. She also
mentioned she did not know her survey expired.
Ms. Zalman tabled the case for five minutes so Ms. Rodriguez can connect with Officer
Hill.
Officer Hill stated they recommend January 1, 2024, for compliance. She noted that a
survey is needed to continue with the permit.
Supervisor Pierre said there is a survey affidavit with the Building Department, so Ms.
Rodriguez does not need to pay for a new survey. She can sign the survey affidavit.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of January 1,
2024, or a fine of$100 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-0360 BRITO INVESTMENT PROPERITES LLC
Property Address: 198 SE 27TH AVE
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Type of Property: SINGLE FAMILY/NON-HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7
CO CH 13 SEC 13-16
Officer Virves presented this case, which was a routine inspection. This is not a repeat
violator. The initial inspection date was February 2, 2023. A courtesy notice was issued
on February 6, 2023, with 21 days to comply. The property was posted on June 28, 2023.
The property is missing a business tax receipt and certificate of use and occupancy. The
property was last inspected September 5, 2023. This is not a health and safety hazard.
The City recommends compliance by October 24, 2023, or a fine of $75 per day, plus
administrative fees in the amount of$384.12.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 24,
2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1618 ALIXE & MICHEL ESTIVERNE HOLDINGS LLC
Property Address: 128 SE 27TH PL
Type of Property: SINGLE FAMILY/NON-HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7
CO CH 13 SEC 13-16
Officer Virves presented this case, which was a routine inspection. This is not a repeat
violator. The initial inspection date was May 23, 2023. A courtesy notice was issued on
May 24, 2023, with 21 days to comply. The property was posted on September 5, 2023.
The property is missing a business tax receipt and certificate of use and occupancy. The
property was last inspected September 5, 2023, This is not a health and safety hazard.
The City recommends compliance by October 24, 2023, or a fine of $75 per day, plus
administrative fees in the amount of$384.12.
Officer Karageorge added that new evidence was brought forth this morning. He said they
did apply for their business tax license, it was rejected, and they reapplied. He requested
the case to be tabled 30 days and the owner not to be charged for the today's hearing.
Mr. Michel Estiverne, owner, was present.
Ms. Zalman said they will push the case out 30 days since they are in the process of
applying and working with the City.
Decision
Due to evidence and testimony, Ms. Zalman ordered the case to be tabled for 30 days.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Case Hearing
Case No. 23-1028 ZERTUCHE EBELIA AND WON ZERTUCHE
Property Address: 410 NW 11TH AVE
Type of Property: SINGLE FAMILY / HOMESTEADED
Property Violation(s): CO CH 15 SEC 15-120.D1 D
Officer Karageorge presented this case, which was a routine inspection. The initial
inspection date was March 28, 2023. This is not a repeat violator. A courtesy notice was
issued on March 28, 2023, with 30 days to comply. The notice was posted on the property
and City Hall on August 24, 2023. The property had various areas that needed sod or
seed. As of yesterday morning, he noted the bare areas still existed. The property was
last inspected on September 19, 2023. This is not a health and safety hazard. The City
recommends compliance by October 24, 2023, or a fine of $75 per day, plus
administrative fees in the amount of$384.12.
Ivon Zertuche, owner, was present.
Ms. Zertuche said she thought she only needed to water the grass where their car used
to be. Ms. Zalman said the pictures show bare spots everywhere. Officer Karageorge said
anywhere there is dirt or sand needs to have sod. He said everything else in compliance.
Ms. Zertuche asked if she can keep the shutters in the back. Ms. Zalman said she cannot
address that today because it is not part of the hearing but according to code, they need
to be open. She added that the property owner must grant permission for an Officer to go
to the back of the property. She reiterated that the issue today is the sod only.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1347 TBR SFR MIAMI OWNER 1 LP
Property Address: 117 NW 4TH AVE
Type of Property: SINGLE FAMILY / NON-HOMESTEADED
Property Violation(s): LDR CH 2 ART 4 SEC 2A2
CO CH 13 SEC 13-7 Inclusive
CO CH 13 SEC 13-16
Officer Karageorge presented this case, which was a routine inspection. The initial
inspection date was April 24, 2023. This is not a repeat violator. A courtesy notice was
issued on April 25, 2023, with 30 days to comply. The notice was sent certified mail on
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
July 27, 2023. Signed green card was dated August 10, 2023. The CO was failed due to
needing a hot water heater changeout permit. An extension was granted to obtain permit
but, to date, the permit has not been obtained. The property was last inspected on
September 19, 2023. This is not a health and safety hazard. The City recommends
compliance by October 24, 2023, or a fine of$75 per day, plus administrative fees in the
amount of$384.12.
Ms. Zalman asked if a tenant was living on the property. Officer Karageorge said he
believes so but he is not positive.
The owner was not present.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1376 DORISCA JEAN C
Property Address: 111 NW 3RD AVE
Type of Property: SINGLE FAMILY / HOMESTEADED
Property Violation(s): CO CH 15 SEC 15-120.D1 D
Officer Karageorge presented this case, which was a routine inspection. The initial
inspection date was April 25, 2023. This is not a repeat violator. A courtesy notice was
issued on April 27, 2023, with 30 days to comply. The notice was posted on the property
and City Hall on September 7, 2023. The property was found to have bare areas requiring
sod or seed to be installed. As of September 19, it was not cured. The property was last
inspected on September 19, 2023. This is not a health and safety hazard. The City
recommends compliance by October 24, 2023, or a fine of $75 per day, plus
administrative fees in the amount of$384.12.
The current renter [name inaudible] was present and sworn in. He said the grass seed is
not growing under the trees.
Ms. Zalman asked how much time he needs. He agreed to November 15.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 15,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Case Hearing
Case No. 23-1497 VISIONARY INVESTMENT GROUP LLC
Property Address: 519 NW 10TH AVE
The case complied prior to the hearing.
Case Hearing
Case No. 23-1595 SHARP HENRY
Property Address: 535 NW 12TH AVE
Type of Property: SINGLE FAMILY / NON-HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7 Inclusive
CO CH 13 SEC 13-16
Officer Karageorge presented this case, which was a routine inspection. The initial
inspection date was May 19, 2023. This is not a repeat violator. A courtesy notice was
issued on May 25, 2023, with 15 days to comply. The notice was sent certified mail on
July 18, 2023. Signed green card was dated August 1, 2023. While addressing a person
washing cars at the property, the person informed Officer Estime that he was a tenant of
the property but no BTR or COU for the property. The owner has applied but has only
made one of the four payments to date. He has been in contact with Mr. Sharp about the
partial payment. This is not a health and safety hazard. The City recommends compliance
by October 24, 2023, or a fine of $75 per day, plus administrative fees in the amount of
$384.12.
The owner was not present.
Ms. Zalman asked Officer Karageorge if he wanted to table it based on the partial
payment. Officer Karageorge said he has been in contact and the property owner was
well aware of the requirements.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1658 SOLMATES SOUTH 1 LLC
Property Address: 622 SOUTH RD SFHA
Type of Property: SINGLE FAMILY / NON-HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7 Inclusive
CO CH 13 SEC 13-16
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Officer Karageorge presented this case, which was a routine inspection. The initial
inspection date was May 24, 2023. This is not a repeat violator. A courtesy notice was
issued on May 26, 2023, with 30 days to comply. The notice was sent certified mail on
August 2, 2023. Signed green card was dated August 14, 2023. While doing a routine
inspection, found the property was owned by a corporation and the utility was in the
tenant's name. There is no BTR or COU to date. This is not a health and safety hazard.
The City recommends compliance by October 24, 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 October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1773 BIG MONEY RENTALS LLC
Property Address: 307 NE 13TH AVE
Type of Property: SINGLE FAMILY / NON-HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7 Inclusive
CO CH 13 SEC 13-16
LDR CH 2 ART 4 SEC 2A2
Officer Karageorge presented this case, which was a citizen complaint. The initial
inspection date was June 9, 2023. This is not a repeat violator. A courtesy notice was
issued on June 12, 2023, with 30 days to comply. The notice was posted on the property
at the City Hall on September 6, 2023. Received a complaint from the tenant and several
things were cited. The only thing left is to obtain the AC changeout permit then the BTR
and COU will comply. The AC permit was applied for but abandoned. This is not a health
and safety hazard. The City recommends compliance by October 24, 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 October 24,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-1929 PO YING SEM TRUST
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Property Address: 621 NW 2ND ST
The case was removed prior to the hearing.
Case Hearing
Case No. 23-0236 EMMANUEL R JEAN BAPTISTE
Property Address: 3260 E PALM DR
Type of Property: SINGLE FAMILY / HOMESTEADED
Property Violation(s): CO CH 15 SEC 15-120.131 B
CO CH 15 SEC 15-120.131 D
CO CH 15 SEC 15-120.131A
Officer Mohorn presented this case, which was a citizen complaint. The initial inspection
date was January 25, 2023. This is not a repeat violator. A courtesy notice was issued
on, January 27, 2023, with 30 days to comply. The notice was posted on the property and
at City Hall on June 27, 2023. To date, no permits have been applied for and the owner
has made no attempt to contact the City. The property was last inspected on September
18, 2023. This is not a health and safety hazard. The City recommends compliance by
October 24, 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 October 24,
2023, or a fine of$100 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-0274 HAYLE SUSAN N & WILSON ADRIAN BEVERLY
WILSON
Property Address: 3095 N SEACREST BLVD
Type of Property: SINGLE FAMILY/HOMESTEADED
Property Violation(s): CO CH 15 SEC 15-120.131A
CO CH 15 SEC 15-120.131 D
Officer Mohorn presented this case, which was a citizen complaint. The initial inspection
date was January 27, 2023. This is not a repeat violator. A courtesy notice was issued
on, January 27, 2023, with 30 days to comply. Proof of service was sent certified mail on
July 10, 2023. Signed green card was on July 18, 2023. Officer Mohorn spoke to Ms.
Wilson about the violations. The property was last inspected on September 18, 2023. This
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
is not a health and safety hazard. The City recommends compliance by October 24, 2023,
or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Beverly Wilson and Adrian Wilson, owners, were present. Ms. Wilson said she sold the
property to her son and daughter.
Ms. Zalman said the green carpet needs to be removed and green grass and sod needs
to be on the property.
Ms. Wilson said she used to have pavers, but her permit was denied. Ms. Zalman
encouraged her to heck with the Building Department to check the status of the permit.
Ms. Wilson said they do not have money for sod. She is in the process of trying to grow
grass.
Officer Mohorn agreed to an extension of time.
Supervisor Pierre stated the neighbor's complaint has been ongoing for some time now.
Ms. Wilson said they will attempt to get the permit again for the pavers. She said she
planted grass seed, but it is growing at different rates.
Decision
Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 1,
2023, or a fine of$75 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-2370 WELLS LANDING APARTMENTS LLC
Property Address: 117 NE 9TH AVE
Type of Property: VACANT LOT
Property Violation(s): CO CH 10 SEC 10-23
Officer Hart presented this case, which was a routine inspection. It is not a health and
safety hazard. The initial inspection date was August 8, 2023. This is not a repeat violator.
A courtesy notice was issued on August 10, 2023, with an immediate compliance. The
notice was sent certified mail on September 7, 2023, and posted on property and at City
Hall on September 7, 2023. The property was sent a cease and desist on May 24, 2023,
after a supervisor witnessed another company servicing city-issues dumpster. Officer
Hart witnessed another vendor service two dumpsters on the property again on August
4, 2023. The property was last inspected on August 8, 2023. The City recommends a
one-time fine of$1,030, plus administrative fees in the amount of$384.12.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Ms. Zalman asked about the determination of the amount, in terms of the code.
Mr. Bruce Ferguson, Solid Waste Supervisor, said it is $513 per dumpster container. He
confirmed they were City dumpsters and were being emptied by a third party, which is a
code violation.
Ms. Zalman said she will review the code before she enters an order and let the City know
if she has any questions.
The owner was not present.
Decision
Due to evidence and testimony, Ms. Zalman ordered a fine of$1,030, plus administrative
fees in the amount of$384.12.
A brief discussion continued later in the meeting [10:52 a.m.] regarding the case.
Fine Certification Hearing
Case No. 23-1137 INTAB LLC
Property Address: 2303 S FEDERAL HWY 1
Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing date
was May 17, 2023, and respondent did appear. A compliance date was set for August 5,
2023, or a fine of$75 per day, plus administrative fees. The property was last inspected
on September 18, 2023, and the violation still exists. There are 46 days of non-
compliance, and the fine continues to accrue at $75 per day. As of this date, the fine is
$3,450.The administrative fee of$384.12 has been paid. The total fine is $3,450.
The owner was not present.
Decision
Due to evidence and testimony, Ms. Zalman certified the fine of $3,450, which will
continue to accrue until complied. The administrative fee of$384.12 has been paid.
Fine Certification Hearing
Case No. 23-0593 SOACES LLC
Property Address: 2303 S FEDERAL HWY 8
Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing date
was May 17, 2023, and respondent did appear. A compliance date was set for August 5,
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
2023, or a fine of$100 per day, plus administrative fees. The property was last inspected
on September 18, 2023, and the violation no longer exists. The violation complied on
August 10, 2023. There were 5 days of non-compliance at $100 per day. As of this date,
the fine is $500. The administrative fee of$384.12 has been paid. The total fine is $500.
The owner was not present.
Decision
Due to evidence and testimony, Ms. Zalman certified the fine of$500. The administrative
fee of$384.12 has been paid.
Fine Certification Hearing
Case No. 23-0010 TAMMARRA HOLDINGS LLC
Property Address: 427 SW 1 ST AVE
Officer Redondo stated the property owner has applied for an extension and had paid the
administrative fees. The property owner is requesting the compliance day be moved to
January 1, 2024, due to the fact they applied for a permit for new windows. He said they
cured old violations but there are still violations existing. He noted the report that Ms.
Zalman had was not accurate.
Ms. Zalman asked about the other issues. Officer Redondo said the property owner was
asked to install sod, which was done, but died before the compliance date. He noted two
windows were changed but five of them still require repair.
The owner was not present.
Johnna Swanfeld, tenant, was present. She said the issues have been ongoing since
January 2023. She said fear tactics were used to keep her from reporting the violations.
She submitted the original violations and said the property owner was a repeat violator
from 2016. She noted she has lived there since 2013. She stated that the property owner
has been avoiding Officer Redondo. She presented additional information about the code
violations.
Officer Redondo said they received a receipt saying the pest control was provided. He
said the windows still need repaired and the sod needs to be reinstalled.
Ms. Swanfeld stated that there are holes in the interior under the kitchen cabinet, where
pests enter. Officer Redondo said they holes were cured when he inspected the property.
Ms. Swanfeld argued the holes are still there.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida September 20, 2023
Ms. Swanfeld said they continue to violate the 24-hour notice to enter her apartment. She
spoke about a 2018 code violation she recently received from the property owner. She
objected to the extension request.
Ms. Zalman said the request for extension is denied because the issues are still not
rectified.
Ms. Swanfeld asked for the Building Official to inspect the property. Ms. Zalman told Ms.
Swanfeld she can reach out to the Building Department any time to report violations on
the property.
Director Candice Stone clarified that the repeat violator note is at the discretion of the
Specialist and not a requirement. She said the previous case complied which is why there
is no lien on the property.
Decision
Due to evidence and testimony, Ms. Zalman denied the extension request and the fine
will continue to accrue.
At the end of the meeting, Director Stone stated the case was not properly serviced and
the office needs to issue a new notice and redo the extension request at a future hearing.
Ms. Zalman said that there was no notice, so the property owner did not have an
opportunity to appear. Director Stone clarified that the notice was posted but not signed.
V. ADJOURNMENT
Ms. Zalman concluded the hearing at 11:02 a.m.
[Minutes by T. Baclawski, Prototype Inc.]
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