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Minutes 01-17-24 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, JANUARY 17, 2024, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Candice Stone, Community Standards Director Isis Sablon, Community Standards Associate Monica Hilguero, Communinity Standards Associate Tanya Guim, Administrative Supervisor Brandon Chevalier Bien, Community Standards Specialist Calim Estime, Community Standards Specialist Mark Karageorge, Community Standards Specialist Luney Guillaume, Community Standards Specialist Miranda Mohorn, Community Standards Specialist Patrick Hart, Community Standards Supervisor 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 23-2933 Tabled 4 22-3037 Removed 7 23-0873 Tabled 10 23-1507 Tabled 11 23-2479 Removed 12 23-3592 Tabled IV. NEW BUSINESS Case Hearing Case No. 23-2933 GRESSEAU TALES 1 Property Address: 1615 NE 2ND ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1A CO CH 15 SEC 15-120 D1 D Officer Chevalier-Bien presented this case, which was a routine inspection. The initial inspection date was October 2, 2023. This is not a repeat violator. The initial notice was issued October 6, 2023 via written notice, with 30 days to comply. Notice was sent certified mail on December 4, 2023 and signed green card on December 11, 2023. There has been no attempts to contact the Community Standards Department. The property was posted January 12, 2024. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Jean Arcelene, respondent, was present. Officer Chevalier-Bien and Ms. Zalman explained the violations. Mr. Arcelene said he fixed outside storage items. He also shared he had a stroke. Ms. Zalman tabled the case for 90 days. Decision Due to evidence and testimony, Ms. Zalman tabled the case for 90 days. Case Hearing Case No. 23-3082 PIERRE NICOLE W Property Address: 1536 N SEACREST BLVD Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 B LDR CH 2 ART 4 SEC 2A2 Officer Chevalier-Bien presented this case, which was a routine inspection. The initial inspection date was October 16, 2023. This is not a repeat violator. The initial notice was issued October 17, 2023 via written notice, with 30 days to comply. Notice was sent certified mail on October 28 and signed green card on December 11, 2023. The property was posted January 12, 2024. There has been no attempts to contact the Community Standards Department. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Nicole Pierre Webster, respondent and Natasha Em, niece of respondent, were present. Ms. Em said it is a lack of communication and her aunt and uncle do not use email. They were anticipating receiving some information via mail. 2 Officer Chevalier-Bien said the permit has been disapproved since June and there is a pending fee as well. Ms. Zalman said she would like to extend to 60 days since it is not a health and safety hazard. The respondent agreed. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 21, 2024, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-3125 ALTO ASSET COMPANY S LLC Property Address: 25 FAWLKLAND CIR Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 CO CH 13 SEC 13-16 CO CH 15 SEC 15-120 D1 B CO CH 10 SEC 10-56D CO CH 10 SEC 10-56B Officer Estime presented this case, which was a citizen complaint. The initial inspection date was October 19, 2023. This is not a repeat violator. The initial written notice was issued October 23, 2023, with 7 days to comply. Proof of service was signed green date on December 12, 2023. The property was last inspected on January 11, 2024. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Ron Snitil, Property Manager, was present. Mr. Snitil said they could not access the property due to the tenants, but the tenants are moving out January 30, 2024. He requested 30 days from January 30, 2024. Officer Estime agreed. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 29, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-3037 TOWER BRIDGE REALTY GROUP LLC Property Address: 715 SE 1 ST ST 3 The case was closed prior to the hearing due to change of ownership. Case Hearing Case No. 23-2160 DUBOSE MICHAEL S Property Address: 402 SE 1ST ST 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 Officer Guillaume presented this case, which was a routine inspection. This is not a repeat violator. The initial inspection date was July 18, 2023. A courtesy notice was posted on property and City Hall on January 3, 2024, with 30 days to comply. The property was last inspected on January 12, 2024. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, 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 February 20, 2024, or a fine of$75 per day, plus administrative fee in the amount of$384.12. Case Hearing Case No. 23-2691 BONILLA ALEXANDER N Property Address: 313 SE 21 STAVE Type of Property: MULTI FAMILY Property Violation(s): CO CH 15 SEC 15-120 D1 B CO CH 15 SEC 15-120 D1 D Officer Guillaume presented this case, which was a routine inspection. This is not a repeat violator. The initial inspection date was September 18, 2023. A courtesy notice was posted on property and City Hall on January 3, 2024, with 30 days to comply. The property was last inspected January 12, 2024. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, 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 February 20, 2024, or a fine of$75 per day, plus administrative fee in the amount of$384.12. 4 Case Hearing Case No. 23-0873 JONES ROSIE, GRAHAM Property Address: 616 NE 9TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D LDR CH 1 ART 4 SEC 2A2 Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was March 15, 2023. This is not a repeat violator. An initial notice was issued via door hanger on March 15, 2023, with 30 days to comply. Note was sent certified mail on December 5, 2023, and signed green card was dated December 11, 2023. The permit has been issued and work has begun but no work has been completed in the last two weeks. The property was last inspected on January 16, 2024. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Director Stone asked about the sod violation. She said they should allow them time for the sod until the work is complete. Decision Due to evidence and testimony, Ms. Zalman tabled the case for 90 days. Case Hearing Case No. 23-1498 306 NW 3RD ST LLC Property Address: 306 NW 3RD ST Type of Property: MULTI FAMILY 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 May 5, 2023. This is not a repeat violator. A courtesy notice was issued on May 8 , 2023, with 30 days to comply. The notice was sent certified mail on December 11, 2023, and signed green card was dated December 21, 2023. There were six violations and all but the sod violation complied. He stated some sod was brown and bare areas have been seeded and spraypainted, which is unacceptable. The property was last inspected on January 17, 2023. This is not a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Michael Mauro, respondent, appeared. 5 Mr. Mauro said they took care of all the other violations, but the tenants have been difficult. Ms. Zalman asked why the sod appears brown. Mr. Mauro said the particular sod is same sod the City has used but it does arrive brown and takes time to take root and become green. He said they do not have a sprinkler system at the property, but he is working on it. He added that City of Boynton Beach trucks run over the property, and they see foot traffic through the property due to the nearby bus stop. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 20, 2024, or a fine of$75 per day, plus administrative fee in the amount of$384.12. Ms. Zalman asked Officer Karageorge about City trucks running over the property. Officer Karageorge said the issue is actually further down the street. He also recommended extensive watering of the sod, so it takes root. Mr. Mauro stated the tenants continue to drive over the grass and they have replaced it at least four times. Case Hearing Case No. 23-2929 OCEAN BREEZE EAST APARTMENTS L Property Address: 100 NE 7TH AVE CLUBHOUSE Type of Property: MULTI FAMILY COMPLEX Property Violation(s): LDR CH 1 ART 4 SEC 2A2 Officer Karageorge presented this case, which was a City Department referral. The initial inspection date was October 2, 2023. This is not a repeat violator. A courtesy notice was issued on October 5, 2023, with 21 days to comply. The notice was sent certified mail on December 1, 2023, and signed green card was dated December 12, 2023. Owner was informed they must comply with the plans or do a site modification request and have it approved from Planning and Zoning. The owner has done nothing. The property was last inspected on January 16, 2023. This is not a health and safety hazard. The City recommends compliance by March 21, 2024, 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 March 21, 2024, or a fine of$75 per day, plus administrative fee in the amount of$384.12. Case Hearing 6 Case No. 23-1507 DEPINO JOSEPH Property Address: 449 SW 4TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D Officer Mohorn presented this case, which was a citizen complaint. The initial inspection date was May 5, 2023. This is not a repeat violator. A courtesy notice was issued on May 8, 2023, with 30 days to comply. Notice was posted on property and City Hall on January 3, 2024. Several attempts have been made to contact the owner and owner does not wish to comply. The property was last inspected on January 12, 2024. This is a health and safety hazard. The City recommends compliance by February 20, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Joseph Depino, respondent, was present. Mr. Depino stated he called the City to verify he could install artificial grass and was told he could. He noted the artificial grass and sprinkler system removal cost him $15,000. Ms. Zalman stated her only authority is to enforce the code. Mr. Depino said he is beautifying the neighborhood. Ms. Zalman asked Officer Mohorn about artificial grass. Officer Mohorn confirmed that the code permits only 100 square feet of artificial grass. Ms. Zalman said it appears to be a miscommunication. She tabled the case until next month. She encouraged Mr. Depino to connect with Officer Mohorn. Decision Due to evidence and testimony, Ms. Zalman tabled the case until February 2024. Case Hearing Case No. 23-2479 PROFIT PLANET LLC Property Address: 151 NE 28TH CT The case was removed prior to the hearing. Case Hearing Case No. 23-3592 LOUIDOR JOCELYNE Property Address: 434 NE 20TH AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 14 SEC 14-3 7 Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was December 4, 2023. This is not a repeat violator. A written notice was issued on December 4, 2023, with 30 days to comply. Notice was sent certified mail on December 12, 2024.Ownr has made no attempts to contact the City or correction the violation. The property was last inspected on January 12, 2024. This is a not health and safety hazard. The City recommends compliance by January 31, 2024, or a fine of $100 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Discussion ensued about the vehicles, notice, code, and the fine. Director Stone stated it would make more sense to recite it under a different code. Decision Due to evidence and testimony, Ms. Zalman tabled the case. Fine Certification Case No. 23-1005 PACILLO LISA & TORRIERO DOMINI Property Address: 3032 WATERSIDE CIR Officer Chevalier Bien-Aime presented the case. The Special Magistrate Hearing date was August 16, 2023, and respondent did appear. A compliance date was set for January 5, 2024, or a fine of $150 per day, plus administrative fees. Signed green date was on December 5, 2023. The violation complied on January 5, 2024. no longer exists. There are 40 days of non-compliance. As of this date, the fine is $6,000. The administrative fee of$384.12 was paid. The total is $6,000. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,000. The administrative fee in the amount of$384.12 was paid. Fine Certification Case No. 22-3049 BOYNTON LANDINGS CONDOMINIUM Property Address: 2309 N CONGRESS AVE Officer Estime presented the case. The Special Magistrate Hearing date was January 18, 2022, and respondent did appear. A compliance date was set for December 19, 2023, or a fine of$75 per day, plus administrative fees. Property was posted on January 3, 2024. The property was last inspected on January 16, 2024, and the violation still exists. There 8 are 30 days of non-compliance. As of this date, the fine is $2,050. The administrative fees of$384.12 was already paid. The total is $2,050. He also noted the original hearing was on January 18, 2023 but they were issued two extensions. Attorney Paula Marra, on behalf of the respondent, was present. Ms. Marra explained the first engineering report submitted to the City was found to be incorrect. She said the extensions were based upon the matter of having the corrected engineering report. She noted it has progressed within the last year. The most recent issue was that the prior Board entered in a deficient contract for a vendor. She stated the new Board has identified a new contractor and worked diligently towards progress. Ms. Zalman explained the option for lien reduction at a later time. Ms. Marra asked if compliance is reached at the issuance of permits. Ms. Zalman replied her understanding is that it has to be completely closed upon inspection. She noted it is whatever the original notice is based upon. Director Candace Stone clarified that the work needs to be completed to be complied. She added there are still property maintenance issues. Ms. Marra said she is going to dispute the code violation notice with the City. Director Stone suggested a meeting with herself, Officer Estime, and Ms. Marra. Ms. Zalman asked to see the original hearing notice. Officer Estime provided a copy to Ms. Zalman. Ms. Zalman noted, in the original narrative, it indicates they need to obtain all permits and make all necessary repairs. Ms. Marra argued that narrative is based on an incorrect engineering report. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,250, which will continue to accrue until complied. The administrative fees in the amount of$384.12 have been paid. Fine Certification Case No. 23-1495 MORGUARD VIZCAYA APARTMENTS LL Property Address: 1690 RENAISSANCE COMMONS BLVD UNIT 1101 Officer Estime requested the case hearing order issued September 20, 2023 be rescinded because it was cited incorrectly. Decision 9 Due to evidence and testimony, Ms. Zalman stated the September 20, 2023 case order will be rescinded due to correction of ownership. Fine Certification Case No. 23-1771 NERVEL NIRVA Property Address: 315 SW 12TH AVE Officer Estime presented the case. The Special Magistrate Hearing date was October 18, 2023, and respondent did appear. A compliance date for the first order to remove the inoperable vehicle was set for November 21, 2023, and compliance for sod by December 21, 2023, or a fine of $75 per day, plus administrative fees. Property was posted on January 4, 2024. The property was last inspected on December 26, 2024, and the violation still exists. There are 27 days of non-compliance. As of this date, the fine is $2,025, plus administrative fees of$384.12 was already paid. The total is $2,409.12. He also noted the first order for the inoperable vehicle has complied. Nirva Nervel, respondent, was present. Ms. Nervel said financially she cannot do much and her house was in foreclosure. She added that it is a homesteaded property. She explained her mortgage has also increased significantly. Ms. Zalman said once the case is closed, Ms. Nervel should apply for a lien reduction. Ms. Nervel said it was hard to reach anyone from the City. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,025, which will continue to accrue until complied, plus the administrative fees in the amount of $384.12. been paid. Fine Certification Case No. 23-1164 ACADEMY HOLDINGS LLC Property Address: 2303 S FEDERAL HWY UNIT 18 Officer Guillaume presented this case. The Special Magistrate Hearing date was November 15, 2023, and respondent did not appear. A compliance date was set for December 19, 2023, or a fine of$100 per day, plus administrative fees. The property was posted and at City Hall on January 3, 2024. The property was last inspected on January 12, 2024, and violation still exists. There are 28 days of non-compliance, at a rate of$100 per day. As of this date, the fine is $2,800, plus administrative fees in the amount of $384.12. The total is $3,184.12. 10 The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,800, which will continue to accrue until complied, plus the administrative fees in the amount of$384.12. Fine Certification Case No. 23-2159 DUBOSE MICHAEL Property Address: 206 SE 3RD AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was November 15, 2023, and respondent did appear. A compliance date was set for December 19, 2023, or a fine of$100 per day, plus administrative fees. The property was posted and at City Hall on January 3, 2024. The property compiled on January 16, 2024. There are 27 days of non-compliance, at a rate of$100 per day. As of this date, the fine is $2,700, plus administrative fees in the amount of$384.12. The total is $3,084.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,700, plus the administrative fees in the amount of$384.12. The case complied. Fine Certification Case No. 23-1736 AQUILLA COPELAND Property Address: 213 NE 12TH AVE Officer Karageorge presented this case. The Special Magistrate Hearing date was October 18, 2023, and respondent did not appear. A compliance date was set for November 21, 2023, or a fine of$75 per day, plus administrative fees. The property was posted and at City Hall on January 4, 2024. The property was last inspected on January 16, 2024, and violation still exists. There are 57 days of non-compliance, at a rate of$75 per day. As of this date, the fine is $4,275, plus administrative fees in the amount of $384.12. The total is $4,659.12. Raymond Burns, husband of respondent, was present. Mr. Burns said it has been sodded at least three times and does not last. He noted there is no sprinkler system. They planned to sod a portion and mulch the rest. He said it is an investment property. He noted he completed the paperwork for the business tax receipt. Officer Karageorge confirmed the BTR has been paid but there will be no Certificate of Occupancy until the sod has compiled. 11 Ms. Zalman outlined the option for lien reduction. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $4,275, which will continue to accrue until complied, plus the administrative fees in the amount of$384.12. Fine Certification Case No. 23-2420 PIERRE SOLINY Property Address: 612 NE 2ND ST Officer Karageorge presented this case. The Special Magistrate Hearing date was October 18, 2023, and respondent did not appear. A compliance date was set for November 21, 2023, or a fine of$100 per day, plus administrative fees. The property was posted and at City Hall on January 4, 2024. The property was last inspected on January 16, 2024, and violation still exists. There are 57 days of non-compliance, at a rate of$100 per day. As of this date, the fine is $5,700, plus administrative fees in the amount of $384.12. The total is $6,084.12. Officer Karageorge noted the respondent said he lived there but a neighbor said he does not. Pierre Soliny, respondent, was present but noted that he would like a Creole translator. Ms. Zalman said no Creole translator was available. Ms. Zalman asked the respondent if he lived at the property. Mr. Soliny said yes. Officer Karageorge added at the previous hearing, he indicated he was planning to move to the property. Ms. Zalman noted there appears to be a miscommunication. She tabled the case for 10 minutes. The parties reconvened at 11:10 A.M. Officer Karageorge said Mr. Soliny is homesteaded at two properties but they have no evidence he is living at the property other than what he states. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $5,700, which will continue to accrue until complied, plus the administrative fees in the amount of$384.12. Fine Certification Case No. 23-0274 HAYLE SUSAN N & WILSON ADRIAN 12 Property Address: 3095 N SEACREST BLVD Officer Mohorn presented this case. The Special Magistrate Hearing date was September 20, 2023, and respondent did appear. A compliance date was set for December 1, 2023, or a fine of$75 per day, plus administrative fees. Service was posted on the property and at City Hall on January 3, 2024. The property was last inspected on January 12, 2024, 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, plus administrative fees of $384.12. The total is $3,834.12. Adrian Wilson, respondent, was present. Ms. Beverly Wilson, mother of respondent, stated that Mr. Wilson does not know anything about the property. Ms. Wilson said she removed the artificial grass and put down sod. Ms. Zalman said there are other outstanding violations. She asked Ms. Wilson to speak with Officer Mohorn so she is aware of what else still needs to be done. Discussion ensued about the sod. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,450, which will continue to accrue until complied, plus the administrative fee in the amount of$384.12. Lien Reduction Hearing Case No. 21-2314 BOYNTON PARTNERS LLC Property Address: 502 SW 1 ST ST Property Violation(s): CO CH 10 SEC 10-56E CO CH 10 SEC 10-58D CO CH 10 SEC 10-60B CO CH 10 SEC 10-60D Officer Patrick Hart, Community Standards Supervisor, presented this case. He noted there are different administrative amounts due to different time periods. The notice of violation occurred on September 2, 2021. The original Magistrate hearing date was November 17, 2021, and no one appeared. Service by certified mail with signed green card on September 25, 2021. The fine certification hearing was on January 19, 2022, and no one appeared. Service by posting on January 6, 2022. The compliance date was December 2, 2021, and the fine proposed by the Magistrate was $200 per day, plus $384.12 administrative fees. The property complied on January 10, 2024. There have been 769 days of non-compliance at $200/day for a total amount of $153,800 plus the $384.12 administrative fees for a total of$154,184.12. 13 Officer Hart stated the City is recommending a reduction to $23,100 plus $384.12 administrative fees. Ms. Zalman requested all case violations are read together since they are the same owner. Lien Reduction Hearing Case No. 17-0422 BOYNTON PARTNERS LLC Property Address: 532 SW 1 ST ST Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 CO CH 10 SEC 10-56E Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on March 23, 2017. The original Magistrate hearing date was November 15, 2017, and no one appeared. Service by certified mail with signed green card on October 18, 2017. The fine certification hearing was on January 17, 2018, and no one appeared. Service by certified mail on December 30, 2017. The compliance date was December 9, 2017, and the fine proposed by the Magistrate was $100 per day, plus $730.15 administrative fees. The property was last inspected on April 19, 2018 and the violation has complied. There have been 131 days of non-compliance at $100/day for a total amount of$13,100 plus the $730.15 administrative fees for a total of$13,830.15. Officer Hart stated he does not have his recommendation. Lien Reduction Hearing Case No. 17-0471 BOYNTON PARTNERS LLC Property Address: 204 SW 3RD AVE Property Violation(s): CO SEC 105.1 FL Building Code (2014 edition) CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D CO CH 10 SEC 10-56E CO CH 10 SEC 10-59D Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on April 10, 2017. The original Magistrate hearing date was November 15, 2017, and no one appeared. Service by posting on November 1, 2017. The fine certification hearing was on February 21, 2018, and no one appeared. Service by certified mail with signed green card on January 25, 2018. The compliance date was December 15, 2017, and the fine proposed by the Magistrate was $200 per day, plus $730.15 administrative fees. The property was last inspected on March 19, 2018 and the 14 violation has complied. There have been 94 days of non-compliance at $200/day for a total amount of$18,800 plus the $730.15 administrative fees for a total of$19,530.15. Officer Hart stated the City is recommending a reduction to $2,929 plus $730.15 administrative fees. Lien Reduction Hearing Case No. 17-0596 BOYNTON PARTNERS LLC Property Address: 401 SW 1 ST CT Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on April 11, 2017. The original Magistrate hearing date was November 15, 2017, and no one appeared. Service by certified mail on October 18, 2017. The fine certification hearing was on January 17, 2018, and no one appeared. Service by posting on January 4, 2018. The compliance date was December 9, 2017, and the fine proposed by the Magistrate was $100 per day, plus $730.15 administrative fees. The property was last inspected on June 13, 2018 and the violation has complied. There have been 186 days of non-compliance at $100/day for a total amount of $18,600 plus the $730.15 administrative fees for a total of$19,330.15. Officer Hart stated the City is recommending a reduction to $2,899.52 plus $730.15 administrative fees. Lien Reduction Hearing Case No. 17-1343 BOYNTON PARTNERS LLC Property Address: 414 SW 1 ST CT Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE CO CH 10 SEC 10-56E Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on September 13, 2017. The original Magistrate hearing date was November 15, 2017, and no one appeared. Service by certified mail and signed green card October 17, 2017. The fine certification hearing was on January 17, 2018, and no one appeared. Service by certified mail on December 22, 2017. The compliance date was December 14, 2017, and the fine proposed by the Magistrate was $50 per day, plus $730.15 administrative fees. The property was last inspected on July 18, 2018 and the violation has complied. There have been 217 days of non-compliance at $50/day for a total amount of$10,850 plus the $730.15 administrative fees for a total of$11,580.15. Officer Hart stated the City is recommending a reduction to $1,737.02 plus $730.15 administrative fees. 15 Lien Reduction Hearing Case No. 18-2549 BOYNTON PARTNERS LLC Property Address: 416 SW 1 ST ST Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE CO CH 15 SEC 15-120D1 INCLUSIVE LDR CH 2 ART 2 SEC 2A2 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on December 14, 2018. The original Magistrate hearing date was November 20, 2019, and no one appeared. Service by certified mail on November 4, 2019. The fine certification hearing was on January 15, 2020, and Jeremy Levine appeared. Service by certified mail on December 20, 2019. The compliance date was December 4, 2019, and the fine proposed by the Magistrate was $50 per day, plus $634.12 administrative fees. The property was last inspected on February 18, 2020 and the violation has complied. There have been 76 days of non-compliance at $50/day for a total amount of$3,800 plus the $634.12 administrative fees for a total of$4,434.12. Officer Hart stated the City is recommending a reduction to $886.02 plus $634.12 administrative fees. Ms. Zalman said she will not be reducing the administrative fees, but the total liens total approximately $219,000. She noted the City is recommending an reduction of approximately 15% for each item and it is standard for investment properties. David Billitier, respondent, was present. Mr. Billitier said they were left with 42 unsold units during the housing bust. He noted there was a foreclosure on the property at one point. He said the co-owners rented the 42 units to a drug rehab facility with recovering addicts and it was a disaster. He noted they went to court in 2016, finally gained ownership in 2020, and stated that he inherited many of the violations. He added that 90% of the violations are HOA matters and he previously brought condo documents to the City Attorney. Officer Hart acknowledged the interior violations are the responsibility of the HOA. Mr. Billitier said he brought violations (fencing, sold, flooring, mulch, etc.) into compliance even though many of them are responsibility of the HOA. He said he is fine with 15% reduction for all except for Case No. 21-2314. He noted the tenants did not pay because of the rent moratorium. They filed evictions. Ms. Zalman noted, during the rent moratorium, the federal government were paying off many past due rents. 16 Mr. Billitier said the tenants would not allow anyone in 502 SW 1st Street and eventually abandoned the property. He asked for a reduction to $5,000. He noted they spent approximately $53,000 in repairs. He added that they needed to take out a loan of$780,000 to cover the liens for the title company. Patrick Hart stated the City is satisfied with the proposed reductions. Ms. Zalman said she will eliminate the violation fee for Case No. 18-2549 and just have them pay the $634.12 administrative fees. She reviewed the following: Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $7,690 for Case No. 21- 2314, plus $384.12 administrative fees, for a total of $8,074.12, payable within 90 days or the fine will revert to the original amount. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $1,900 for Case No. 17- 0422, plus $730.15 administrative fees, for a total of $2,630.15, payable within 90 days or the fine will revert to the original amount Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,444 for Case No. 17- 0471, plus $730.15 administrative fees, for a total of $3,174.15, payable within 90 days or the fine will revert to the original amount. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,600 for Case No. 17- 0596, plus $730.15 administrative fees, for a total of $3,330.15, payable within 90 days or the fine will revert to the original amount Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $1,500 for Case No. 17- 1343, plus $730.15 administrative fees, for a total of $2,230.15, payable within 90 days or the fine will revert to the original amount Decision 17 Due to evidence and testimony, Ms. Zalman reduced the fine to $0 for Case No. 18-2549, plus $634.12 administrative fees, for a total of$634.12, payable within 90 days or the fine will revert to the original amount Staff encouraged the owner to look at the new ordinance and requirements. Next year the ordinance will require bi-annual inspections. [Minutes prepared by T. Baclawski, Prototype-Inc.] 18