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Minutes 05-15-24 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, MAY 15, 2024, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Candice Stone, Community Standards Director Patrick Hart, Community Standards Supervisor Isis Sablon, Community Standards Associate Tanya Guim, Administrative Supervisor Brandon Chevalier Bien-Aime, Community Standards Specialist Luney Guillaume, Community Standards Specialist Monica Higuero, Community Standards Assistant Luney Guillaume, Community Standards Specialist Calim Estime, Community Standards Specialist Miranda Mohorn, Community Standards Specialist Ronald Redondo, Community Standards Specialist I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:10 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 7 23-2287 Tabled 11 23-2754 Tabled 22 23-3654 Removed IV. NEW BUSINESS Case Hearing Case No. 22-3162 KELLY VERNICE Property Address: 2121 NE 2ND CT Type of Property: SINGLE FAMILY/HOMESTEADED 1 Property Violation(s): CO CH 15 SEC 15-120 D1 D Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was December 6, 2022. This is not a repeat violator. The initial notice was issued January 9, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on April 18, 2024 and property posted on May 1, 2024. This case appeared at the previous Special Magistrate hearing and was tabled, and the violation still exists. The property was last inspected May 9, 2024. This is not a health and safety hazard. The City recommends compliance by July 18, 2024, ora fine of$75 per day, plus administrative fees in the amount of$384.12. Ms. Vernice Kelly, respondent, was present. She asked for two additional months. Ms. Zalman stated she cannot provide an additional extension and Ms. Kelley has until July 18, 2024. She clarified that $384.12 has been assessed. Ms. Zalman encouraged Ms. Kelly to contact Officer Chevalier Bien as soon as possible so it can be inspected and closed. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 23-2932 ROMELUS JONAS Property Address: 1619 NE 2ND ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-D1 D Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was October 3, 2023. This is not a repeat violator. The initial notice was issued October 13, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on March 21, 2024. The property was posted May 1, 2024. There have been attempts to contact the Community Standards Department. The property was last inspected May 9, 2024 and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. 2 Case Hearing Case No. 23-3062 MATHIS JAMES R AND MATHIS Property Address: 360 NW 16TH CT Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-D1A CO CH 15 SEC 15-E2A CO CH 10 SEC 10-56B CO CH 15 SEC 15-D1B Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was October 12, 2023. This is not a repeat violator. The initial notice was issued October 13, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on March 21 , 2024. Signed green card on March 29, 2024. There have been attempts to contact the Community Standards Department. The property was last inspected May 9, 2024 and the violations still exist. This is not a health and safety hazard. The City recommends compliance by July 18, 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 July 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 23-3363 JEROME SERGE & NORMA Property Address: 110 NE 19TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was October 9, 2023. This is not a repeat violator. The initial notice was issued November 9, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on March 25, 2024 and posted on property and at City Hall on April 26, 2024. There have been attempts to contact the Community Standards Department. The property was last inspected May 9, 2024 and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Decision 3 Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0384 LUNA USA INVESTMENTS LLC Property Address: 1910 N SEACREST BLVD Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was February 14, 2024. This is not a repeat violator. The initial notice was issued February 16, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on April 1, 2024 and signed green card on April 15, 2024. Some of the permits have been applied for but not all permits obtained The property was last inspected May 9, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $150 per day, plus administrative fees in the amount of$384.12. Mr. Idelfondo Carvalho, respondent, was present. He said all the permits were applied for. His general contractor noted he sent too much paperwork with his application. Ms. Zalman asked Mr. Carvalho when the general contractor said the work could be completed. Mr. Carvalho replied he does not know. Officer Chevalier Bien-Aime said the case was opened in February and some of the permits were only applied for on Friday. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 30, 2024, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0919 ULYSSE DUDLEY Property Address: 111 NE 16TH AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 14 SEC 14-3 Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was April 9, 2023. This is not a repeat violator. The initial notice was issued April 9, 2024. Notice was sent certified mail on April 9, 2024 and signed green card on April 12, 2024. There were no attempts to contact the Community Standards Department. The property was last inspected April 9, 2024 and the violation still exists. This is not a health and safety hazard. The City recommends a fine of $100, plus administrative fees in the amount of$384.12. 4 The respondent was not present. Officer Chevalier Bien-Aime noted he has asked the owner to move the truck multiple times, so they receive a fine after the third time. Decision Due to evidence and testimony, Ms. Zalman ordered a total fine of $100 for the first occurrence, administrative fees in the amount of $384.12. Case Hearing Case No. 23-2287 BENNER, MICHELE L Property Address: 1121 NW 10TH CT Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D Officer Estime presented this case, which was a citizen complaint. This is not a repeat violator. The initial inspection date was August 1 , 2023. A courtesy notice was issued on August 7, 2023, with 30 days to comply. Property was posted on May 3, 2024. The property was last inspected May 13, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Ms. Michelle Benner, respondent, was present. She noted she sodded the front yard and entire swale. Officer Estime identified spots that are still bare or not being maintained. Ms. Benner stated her neighbors are harassing her and her homeowner's association is currently being sued for lack of enforcement. Ms. Zalman stated she can grant an extension. Ms. Benner noted it is difficult to maintain due to the heat and attempted to sod and seed it multiple times. Decision Due to evidence and testimony, Ms. Zalman tabled the case for 60 days. Case Hearing Case No. 23-3379 HERNANDEZ LEVY TRUST Property Address: 1135 SW 25TH AVE 5 Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1A CO CH 20 SEC 20-6 CO CH 15 SEC 15-120 D1 D LDR CH 2 ART 4 SEC 2A2 Officer Estime presented this case, which was a citizen complaint. This is not a repeat violator. The initial inspection date was November 7, 2023. A written notice was issued on November 29, 2023, with 30 days to comply. The property was posted on May 3, 2024. The property was last inspected May 3, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Ms. Isabel Hernandez Levy, respondent, was present. She said the neighbors are trying to get their family to move. Ms. Zalman said the vehicles could have been moved in a day. Ms. Hernandez Levy said they are using the vehicle for construction trash. Officer Estime stated the trailer vehicle cannot remain there for trash. He also noted the owner has three RVs on the property and only two are permitted. Mr. Matthew Haggerty, contractor, said they are still deciding about the concrete driveway and will complete the landscaping following. He said they need 30 days to obtain the permit and 90 days to complete the project. Officer Estime said it needs to be completed sooner because they continue to receive calls from the neighbor. Ms. Zalman suggested 90 days, but Officer Estime requested 60 days. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 23-3403 LEARY DAVID C Property Address: 29 MISTY MEADOW DR Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-D1 D CO CH 15 SEC 15-D1 E Officer Estime presented this case, which was a citizen complaint. This is not a repeat violator. The initial inspection date was November 9, 2023. A courtesy notice was issued on November 14, 2023, with 30 days to comply. Signed green card on April 24, 2024. The 6 property was last inspected May 8, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. David Leary, respondent, was present. He stated needs more time to repair the irrigation system. Ms. Zalman suggested a 60-day extension. Officer Estimate had no objections. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 23-2106 SMOLIK HAROLD J Property Address: 209 SE 2ND AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D CO CH 20 SEC 20-6 Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was July 12, 2023. This is not a repeat violator. A courtesy notice was issued with 10 days to comply. Green card was signed on April 4, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. Harold Smolik, respondent, was present. He requested an extension until July 18, 2024. Officer Guillame had no objections. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of $75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-2754 ALERTE, ROBENSON Property Address: 805 SE 3RD ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was September 21 , 2023. This is not a repeat violator. A courtesy notice was issued on May 1, 2024, with 30 days to comply. Notice was posted on the property and at City Hall on May 1, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Mr. Robenson Alerte, respondent, was present. Mr. Alerte said he laid down most of the sod yesterday and submitted a receipt from Turf Farms. Ms. Zalman suggested to table to case until it can be reassessed. Officer Guillame had not objections. Decision Due to evidence and testimony, Ms. Zalman tabled the case for 30 days. Case Hearing Case No. 23-3140 GODFREY DIANNE M Property Address: 182 SE 27TH PL Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13 INCLUSIVE CO CH 13 SEC 13-16 Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was October 19, 2023. This is not a repeat violator. A courtesy notice was issued on May 1, 2024, with 30 days to comply. Green card was signed on April 29, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Officer Guillaume stated the owner has applied for the license but has not yet paid. Ms. Dianne Godfrey, respondent, was present. She confirmed she currently has tenants. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 18, 2024, or a fine of$75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-3704 ERNST ANNETTE Property Address: 2 VIA LAGO Type of Property: MULTI FAMILY Property Violation(s): LDR CH 2 ART 4 SEC 2A2 8 Officer Guillaume presented this case, which was a red tag from the Building Department. The initial inspection date was December 14, 2023. This is not a repeat violator. A courtesy notice was issued on May 1 , 2024, with 30 days to comply. Green card was signed on April 20, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $100 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 June 18, 2024, or a fine of $100 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-3795 LOPEZ ANTONIO Property Address: 715 SE 1ST ST 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 Guillaume presented this case, which was a routine inspection. The initial inspection date was December 21 , 2023. This is not a repeat violator. A courtesy notice was issued on May 1 , 2024, with 30 days to comply. Notice was posted on property and at City Hall on May 1 , 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $150 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 18, 2024, or a fine of $150 per day, plus administrative fee in the amount of $384.12. Case No. 24-0097 WATSON MICHAEL Property Address: 3625 SE 2ND ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 CO CH 10 SEC 10-56B 9 Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was January 17, 2024. This is not a repeat violator. A courtesy notice was issued on May 1, 2024, with 30 days to comply. Notice was posted on property and at City Hall on May 1, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of$75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 24-0160 HERRING CHARLES R SR Property Address: 134 SE 8TH AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-D1A CO CH 15 SEC 15-D1 D CO CH 15 SEC 15-D1 E LDR CH 2 ART 4 SEC 110 Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was January 23, 2024. This is not a repeat violator. A written notice was issued on January 25, 2024, with 30 days to comply. Green card was signed on April 25, 2024. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Mr. Charles Herring Sr., respondent, was present. Ms. Zalman reviewed the violations. Mr. Herring said the only inoperable vehicle is his truck and he has not driven it due to eye surgery. Ms. Zalman noted the shutters must be open or removed and outside storage must be removed or out of sight. Officer Guillaume explained the fence needs repaired. Ms. Zalman suggested a 60-day extension. 10 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of $75 per day, plus administrative fee in the amount of $384.12. Case No. 24-0244 WRIGHT ANTHONY SR Property Address: 1210 NW 1ST ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D2 Officer Guillaume presented this case, which was a City Official complaint. The initial inspection date was February 2, 2024. This is not a repeat violator. A courtesy notice was issued on April 26, 2024, with 14 days to comply. Posted on property and at City Hall on April 26, 2023. The property was last inspected on May 10, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of $75 per day, plus administrative fee in the amount of $384.12. Case No. 24-0375 EXSORRO ONE INC Property Address: 415 SE 5TH AVE Type of Property: SINGLE FAMILY/VACANT Property Violation(s): CO CH 10 SEC 10-56B Officer Guillaume presented this case, which was a City Official complaint. The initial inspection date was February 13, 2024. This is not a repeat violator. A written notice was with 15 days to comply. The City is seeking an abatement order and no fines or fees to be assessed at this time to board the vacant property. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman agreed to the abatement order to board the vacant property and no fees fines or fees are assessed at this time. Case Hearing Case No. 23-0268 PEREZ JOSE 1031 2 LLC Property Address: 111 OCEAN PKWY Type of Property: SINGLE FAMILY/NON-HOMESTEADED 11 Property Violation(s): CO CH 15 SEC 15-120 D1A CO CH 15 SEC -120 D1 D CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 CO CH 10 SEC 10-56D Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was January 27, 2024. This is not a repeat violator. A notice was issued via door hanger on January 27, 2024, with 15 days to comply. Notice was posted on property and City Hall on April 23, 2024. Owner has made no attempts to contact the City. The property was last inspected on May 10, 2024. This is a not health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of$75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-2334 COLIN DORT MICHELINE Property Address: 444 SW 7TH CT Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Mohorn presented this case, which was a citizen complaint. The initial inspection date was August 4, 2023. This is not a repeat violator. A courtesy notice was issued on August 7, 2023, with 30 days to comply. Notice was posted on property and City Hall on May 1, 2024. Owner has made no attempts to contact the City. The property was last inspected on May 1, 2024. This is a not health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Ms. Micheline Colin Dort, respondent, was present. Ms. Dort said she is experiencing challenges in applying for the permit online and has attempted to contact Officer Mohorn. Ms. Zalman recommended an extension until July 18, 2024. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 18, 2024, or a fine of$100 per day, plus administrative fee in the amount of$384.12. Case Hearing Case No. 23-3624 JEAN CHRISTA 12 Property Address: 113 ARTHUR CT Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15 D1 D CO CH 10 SEC 10-60B Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was December 6, 2023. This is not a repeat violator. A written notice was issued on January 22, 2024, with 30 days to comply. Signed green card on March 12, 2024. Owner has made no attempts to contact the City. The property was last inspected on May 10, 2024. This is a not health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. Damien Sanchez and Christa Jean, respondents, were present. Mr. Sanchez does not recall receiving notices. Officer Mohorn confirmed the details of the notices and showed photographs of the notice posting on the door and respondent identified it as their house. Ms. Zalman reviewed the violations. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 18, 2024, or a fine of $75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-3654 LUNA USA INVESTMENTS LLC Property Address: 431 NE 26TH AVE The case was removed prior to the hearing. Case Hearing Case No. 24-0088 JEAN BAPTISTE EMMANUEL R Property Address: 3260 E PALM DR Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1A CO CH 10 SEC 15-120 E2C CO CH 10 SEC 10-56E CO CH 10 SEC 10-56H CO CH 10 SEC 10-58D CO CH 10 SEC 10-59A Officer Mohorn presented this case, which was a citizen complaint. The initial inspection date was January 16, 2024. This is not a repeat violator. A written notice was issued on January 22, 2024, with 10 days to comply. Notice was posted on property and City Hall on April 25, 2024. Owner has made no attempts to contact the City. Access was granted 13 by new tenant and new tenant stated all violations still exist. The property was last inspected on April 29, 2024. This is a health and safety hazard. The City recommends compliance by June 18, 2024, or a fine of $150 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 18, 2024, or a fine of $150 per day, plus administrative fee in the amount of$384.12. Case Hearing Case No. 24-0185 FLORIDA DISCOUNT CARS LLC Property Address: 13 CROSSINGS CIR APT F Type of Property: MULTI FAMILY Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 Officer Mohorn presented this case, which was a citizen complaint. The initial inspection date was January 25, 2024. This is not a repeat violator. A written notice was issued on January 26, 2024, with 5 days to comply. Notice was posted on property and City Hall on April 25, 2024. Owner has made no attempts to contact the City. The property was last inspected on May 10, 2024. This is a not health and safety hazard. The City recommends compliance by June 24, 2024, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Mr. Pierre St. Julian, respondent, was present. Mr. St. Julian said the property is currently vacant and for sale. He said people living there prior were family. Officer Mohorn stated Mr. St. Julian could apply for an exemption if it is just family, but noted the respondent made no prior attempts to contact the City. Mr. St. Julian stated he never received the notice. Officer Mohorn displayed evidence of the notice postings. Ms. Zalman said it will be cured once it is sold and he should notify Code Compliance. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 24, 2024, or a fine of$75 per day, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-3767 MISSION HILL INVESTMENTS LLC Property Address: 520 MISSION HILL RD 14 Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE Officer Redondo presented this case, which was a departmental referral. The initial inspection date was December 20, 2023. This is not a repeat violator. The proof of service was signed green card date April 19, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-0665 SANCHEZ JUAN Property Address: 413 SE 20TH CT Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-94 CO CH 13 SEC 13-16 CO CH 13 SEC 13-17 INCLUSIVE Officer Redondo presented this case, which was a departmental referral. The initial inspection date was March 14, 2024. This is not a repeat violator. The proof of service was signed green card date April 20, 2024. This is not a health and safety hazard. The City recommends compliance by June 18, 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 June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Fine Certification Case No. 22-0505 TUSCANY ON THE INTRACOASTAL Property Address: 2300 S FEDERAL HWY Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was November 11, 2022, and respondent did appear. A compliance date was set for i5 March 14, 2024, or a fine of $150 per day. The property was last inspected on May 9, 2024, and the violation still exists. There are 62 days of non-compliance, at a rate of$150 per day. As of this date, the fine is $9,300. The administrative fees have been paid. The total is $9,300. He noted the property owner has requested an extension of the compliance date from March 14, 2024 to July 18, 2024. Ms. Zalman stated the respondent submitted evidence that it is currently under review by the City Planning and zoning Department with the final review scheduled for May 22, 2023. Mr. Josh Buendia, Property Manager, and Jo-Anne Lee, Board President, on behalf of the respondent were present. Officer Chevalier Bien-Aime had no objection to the extension request. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of the compliance date to July 18, 2024. The administrative fees of $384.12 have been paid. Fine Certification Case No. 23-3082 PIERRE, NICOLE W Property Address: 1536 N SEACREST BLVD Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was January 17, 2024, and respondent did appear. A compliance date was set for March 21, 2024, or a fine of $100 per day, plus administrative fees in the amount of $384.12. The property was last inspected on May 9, 2024, and the violation still exists. There are 55 days of non-compliance, at a rate of $100 per day. As of this date, the fine is $5,500, plus administrative fees in the amount of$384.12. The total is $5,884.12. Ms. Nicole Pierre, respondent, was present. Officer Chevalier Bien-Aime explained the violations. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $5,500, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 23-2122 FLORIDA CONGRESS AVE HOLDINGS Property Address: 1301 N CONGRESS AVE 16 Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was March 20, 2024, and respondent did not appear. A compliance date was set for April 8, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The property was last inspected on May 11 , 2024, and the violation still exists. There are 37 days of non-compliance, at a rate of $75 per day. As of this date, the fine is $2,775, plus administrative fees in the amount of $384.12. The total is $3,159.12. Mr. Steve Eisenband, on behalf of the respondent, was present. Mr. Eisenband said his client did not receive the original notices. He stated the graffiti on the back of the stop sign has been remedied and has photographs as proof. He noted that permits have been applied for the parking lot violation. He explained they expect to be done as soon as the permits are approved. He noted the landscaping violation should be cured soon. Discussion ensued about the process and future lien reduction hearing. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,775, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 23-0294 EXSORRO ONE INC Property Address: 421 SE 5TH AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was February 21, 2024, and respondent did not appear. A compliance date was set for March 26, 2024, or a fine of$75 per day. The property was last inspected on May 10, 2024, and the violation still exists. There are 50 days of non-compliance, at a rate of $75 per day. As of this date, the fine is $3,750, plus administrative fees in the amount of $384.12. The total is $4,134.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,750, plus administrative fees in the amount of $384.12. Fine Certification Case No. 23-1284 DARIANO AMBER M TRUST Property Address: 207 SE 21ST AVE 17 Officer Guillaume presented this case. The Special Magistrate Hearing date was November 15, 2023, and respondent did appear. A compliance date was set for April 3 2024, or a fine of$75 per day. The property was last inspected on May 20, 2024, and the violation still exists. There are 41 days of non-compliance, at a rate of$75 per day. As of this date, the fine is $3,075. The administrative fees have been paid. The total is $3,075. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,075. The administrative fees have been paid. Fine Certification Case No. 23-2150 DURGAN JEFFREY & DURGAN LAURIE Property Address: 2635 SW 7TH ST Officer Guillaume presented this case. The Special Magistrate Hearing date was November 15, 2023, and respondent did appear. A compliance date was set for April 22, 2024, or a fine of $150 per day. The property was last inspected on May 13, 2024, and the violation still exists. There are 23 days of non-compliance, at a rate of $150 per day. As of this date, the fine is $3,450. The administrative fees have been paid. The total is $3,450. Mr. Jeff Durgan, respondent, was present. He explained he submitted the utility consent forms. He asked about the inspection requirement. Ms. Zalman encouraged Mr. Durgan to close out the violations and then apply for a lien reduction. Mr. Durgan said he does not understand what else he needs to submit or complete. Ms. Zalman suggested Mr. Durgan connect with the Building Department for more information. Director Stone said the permit has to be finalized before it is completed, and the violation complied. Mr. Durgan said it is not fair to be fined $150 a day for comments he was not aware of prior. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,450. The administrative fees of$384.12 have been paid. 18 Fine Certification Case No. 23-2235 MCCARTHY KEVIN Property Address: 905 SUNSET RD Officer Guillaume presented this case. The Special Magistrate Hearing date was December 13, 2023, and respondent did not appear. A compliance date was set for January 16, 2024, or a fine of $75 per day. The property was last inspected on April 19, 2024, and the violation has complied. There are 93 days of non-compliance, at a rate of $75 per day. As of this date, the fine is $6,975, plus administrative fees in the amount of $384.12. The total is $7,359.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $6,975, plus administrative fees in the amount of $384.12. Fine Certification Case No. 23-2691 BONILLA ALEXANDER N Property Address: 313 SE 21ST AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was November 17, 2023, and respondent did not appear. A compliance date was set for February 20, 2024, or a fine of $75 per day. The property was last inspected on March 14, 2024, and the violation has complied. There are 22 days of non-compliance, at a rate of $75 per day. As of this date, the fine is $1,650, plus administrative fees in the amount of $384.12. The total is $2,034.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $1 ,650, plus administrative fees in the amount of $384.12. Fine Certification Case No. 23-2970 PENEGOR DAVID P & DEBORAH J Property Address: 103 SE 4TH AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was February 21 , 2024, and respondent did not appear. A compliance date was set for March 26, 2024, or a fine of $75 per day, plus administrative fees. The property was posted on 19 April 10, 2024. The property was last inspected on May 10, 2024, and violation still exists. There are 50 days of non-compliance, at a rate of$75 per day. As of this date, the fine is $3,750, plus administrative fees in the amount of $384.12. The total is $4,134.12. Ms. Deborah Penegor, respondent, was present. Ms. Penegor said one tree is gone and they have planted grass seed three times. Ms. Zalman stated the hearing is just to determine the amount and after it has complied, she can apply for a lien reduction. Ms. Penegor said the sod keeps dying and she cannot afford to water it multiple times a day. Ms. Zalman stated they are past the original hearing. Ms. Penegor asked about landscaping options. Ms. Zalman replied that she would need to discuss options with Building and Zoning. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,750, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 23-3056 PIERRE DUMONT Property Address: 2888 S SEACREST BLVD Officer Guillaume presented this case. The Special Magistrate Hearing date was February 21, 2024, and respondent did not appear. A compliance date was set for March 26, 2024, or a fine of$75 per day. The property was last inspected on May 13, 2024, and the violation still exists. There are 40 days of non-compliance, at a rate of $75 per day. As of this date, the fine is $3,750, plus administrative fees in the amount of $384.12. The total is $4,134.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $3,750, plus administrative fees in the amount of$384.12. Fine Certification Case No. 23-1507 DEPINO JOSEPH Property Address: 449 SW 4TH AVE 20 Officer Mohorn presented this case. The Special Magistrate Hearing date was February 21 , 2023, and respondent did not appear. A compliance date was set for March 19, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The property was last inspected on April 30, 2024, and the 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. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $4,275, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 23-2242 FKH SFR PROPCO B HLD LP Property Address: 2301 NW 1ST ST Officer Mohorn presented this case. The Special Magistrate Hearing date was November 15, 2023, and respondent did appear. A compliance date was set for April 30, 2024, or a fine of$100 per day, plus administrative fees in the amount of$384.12. The property was last inspected on April 30, 2024, and the violation still exists. There are 46 days of non- compliance, at a rate of $100 per day. As of this date, the fine is $4,600, plus administrative fees in the amount of $384.12. The total is $4,984.12. Ms. Alexis Bettencourt, on behalf of the respondent, was present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $4,600, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 23-2908 ALEXIS JEAN Property Address: 3201 N SEACREST BLVD Officer Mohorn presented this case. The Special Magistrate Hearing date was February 21, 2023, and respondent did not appear. A compliance date was set for March 19, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The property was last inspected on May 10, 2024, and the violation complied. There are 9 days of non- compliance, at a rate of $75 per day. As of this date, the fine is $675, plus administrative fees in the amount of $384.12. The total is $1,059.12. 21 Officer Mohorn stated they installed sod but when she came back for the reinspection of the storage violation, the sod was bare again. She noted it is beginning to turn green again. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,059.12, including the administrative fee in the amount of $384.12. The violations for this case are complied. Lien Reduction Hearing Case No. 21-1073 SCHLESINGER LIDOR Property Address: 311 NW 2ND ST Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on September 21, 2021. The original Magistrate hearing date was February 15, 2022, and no one appeared. Service by certified mail on October 26, 2021. The fine certification hearing was on February 16, 2022, and no one appeared. Service by posting on February 2, 2022. The compliance date was January 6, 2022, and the fine proposed by the Magistrate was $100 per day, plus $384.12 administrative fees. The property was last inspected on January 15, 2024, and the violation has complied. There have been 738 days of non-compliance at $100/day for a total amount of $73,900, plus the $384.12 administrative fees for a total of $74,184.12. Officer Hart stated the City is recommending a reduction to $14,836.82, plus $384.12 administrative fees. Ms. Chloe Schlesinger, respondent, was present. She confirmed it is an investment property. She stated they can afford $1,000 or $1,500 and explained the improvements made. Ms. Schlesinger said they lost rental revenue over a few months and spent a few thousand to bring it into compliance. She expressed the challenges with finding an architect for the windows, which was a small project and noted they are part of the Smart Program. Officer Hart agreed to lowering it to $7,500. Ms. Schlesinger requested $3,000. Officer Hart proposed $5,000. Ms. Zalman noted it is an investment property. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $5,000 total for Case No. 21-1073, payable within 90 days or the fine will revert to the original amount. 22 Lien Reduction Hearing Case No. 22-0450 BOYNTON PROPERTY HOLDINGS LLC Property Address: 1601 N CONGRESS AVE Property Violation(s): CO CH 15 SEC 15 120 D1A CO CH 15 SEC 15 120 D1 D CO CH 15 SEC 15 120 D1H LDR CH 4 ART 11 SEC 4 A13 A&B Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on November 18, 2013. The original Magistrate hearing date was August 16, 2023, and no one appeared. Service by certified mail on June 26, 2023. The fine certification hearing was on October 18, 2023, and no one appeared. Service by certified mail on October 2, 2023. The compliance date was September 5, 2023, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on February 14, 2024 , and the violations have complied. There have been 161 days of non-compliance at 75/day for a total amount of $12,075, plus the $384.12, fees fora total of $12,459.12. Officer Hart stated the City is recommending a reduction to $2,491 .82, plus $384.12 administrative fees. Mr. Patrick Hines, respondent, was present. Mr. Mark Baker, landscaper, was also present. Ms. Zalman reiterated the City's recommendation. Mr. Hines requested a reduction to $2,000 and stated they spent well over $50,000 on the improvements. Mr. Baker spoke about the landscaping and challenges with approvals. Mr. Hines stated they were in constant communication with the City. Ms. Zalman recommended a reduction to $2,415. Mr. Hines agreed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,415 total for Case No. 22-0450, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 22-3023 FOUR SONS PLAZA 640 LLC Property Address: 640 E OCEAN AVE SFHA 23 Property Violation(s): LDR ART 4 SEC 2A2 23 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on November 18, 2022. The original Magistrate hearing date was February 15, 2023, and the owner appeared. Service by posting on February 3, 2023. The fine certification hearing was on May 17, 2023, and owner appeared. Service by certified mail on April 3, 2023. The compliance date was June 21, 2023, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on November 3, 2023, and the violation has complied. There have been 134 days of non-compliance at $75/day for a total amount of $10,050. The administrative fees have been paid. Officer Hart stated the City is recommending a reduction to $2,010 total. Mr. Robert Nebb, respondent, was present. He explained the challenges with the issuance of the permit. Ms. Zalman reiterated the City's recommendation. Mr. Timothy Petit, tenant, described the renovation and challenges identifying an architect for their small project. Ms. Zalman reiterated it is a commercial property. Mr. Petit argued the project was under $1,000 and an important improvement. Mr. Petit requested a reduction to $500. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $1,507.50 total for Case No. 22-3023, within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 22-3070 SFR XII NM MIAMI OWNER 1 LP Property Address: 319 SW 9TH AVE Property Violation(s): CO CH 15 SEC 15-120 D1A LDR CH 2 ART 4 2A2 CO CH 10 SEC 10-56B Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on November 29, 2022. The original Magistrate hearing date was February 15, 2023, and a representative appeared. Service by certified mail on January 11, 2023. The fine certification hearing was on April 19, 2023, and a representative appeared. Service by certified mail on April 3, 2023. The compliance date was March 21, 2023, and the fine proposed by the Magistrate was $100 per day, plus $384.12 administrative fees. The property was last inspected on February 15, 2024, and the 24 violations have complied. There have been 330 days of non-compliance at $100/day for a total amount of $33,000, plus the $384.12 administrative fees for a total of $33,384.12. Officer Hart stated the City is recommending a reduction to $6,676.82, plus $384.12 administrative fees. Ms. Julie Hynds, respondent, was present. She confirmed it is a rental property and noted the property experienced many management changes, which resulted in delays of compliance. She stated that new residents are moving in shortly. Ms. Zalman requested to hear Item 44 before making any final decisions, as it concerns the same property. Lien Reduction Hearing Case No. 23-0829 SFR XII NM MIAMI OWNER 1 LP Property Address: 319 SW 9TH AVE Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on April 17, 2023. The original Magistrate hearing date was July 19, 2023, and no one appeared. Service via certified mail on June 5, 2023. The fine certification hearing was on October 18, 2023, and a representative appeared. Service by certified mail on September 6, 2023. The compliance date was August 23, 2023, and the fine proposed by the Magistrate was $75 per day, plus administrative fees. The property was last inspected on March 29, 2024, and the violations have complied. There have been 218 days of non-compliance at $75/day for a total amount of$16,350, plus the $384.12 administrative fees for a total of $16,734.12. Officer Hart stated the City is recommending a reduction to $3,346.82, plus administrative fees. Ms. Zalman said she is considering $4,500 for the first case and $2,019.12 for the second case. Ms. Julie Hynds agreed the amounts are fair. Discussion ensued about the administrative fees. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $4,500 total for Case No. 22-3070, payable within 90 days or the fine will revert to the original amount. Decision 25 Due to evidence and testimony, Ms. Zalman reduced the fine to $2,019.12, which includes administrative fees in the amount of $384.12, for Case No. 23-0829, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 23-1595 SHARP HENRY Property Address: 535 NW 12TH AVE Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on June 13, 2023. The original Magistrate hearing date was September 20, 2023, and no one appeared. Service by certified mail on September 1, 2023. The fine certification hearing was on December 13 2023, and owner appeared. Service by certified mail on November 9, 2023. The compliance date was October 24, 2023, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on December 13, 2023, and the violations have complied. There have been 49 days of non-compliance at $75/day for a total amount of$3,675, plus administrative fees of$384.12, for a total of $4,059.12. Officer Hart stated the City is recommending a reduction to $735, plus administrative fees of$384.12. Mr. Henry Sharp, respondent, was present. Ms. Zalman reiterated the City's recommendation. Mr. Earl Hamilton, witness, was present. Mr. Sharp requested a reduction to $0 plus administrative fees. Mr. Hamilton said they spent more than $6,000 for improvements. He confirmed that they did not receive any notices. Mr. Hamilton stated they address issues quickly. Ms. Zalman encouraged Mr. Sharp to change his address so he receives all notices. Mr. Sharp stated all his tenants are low-income and he prides himself in being a responsive landlord. He described personal medical issues, which rendered him unable to respond to any notices. Mr. Sharp said the issues and damages were a result of his tenant and he was unaware. Mr. Hamilton shared additional tenant issues and said their business is suffering. 26 Officer Hart clarified the address in VT where the notice was sent and signed for on August 1 , 2023. Mr. Sharp asked for a reduction to $300 and noted their swiftness in compliance. Ms. Zalman stated the fine will stand at $551 .25. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $551 .25 total for Case No. 23-1595, within 90 days or the fine will revert to the original amount. [Minutes prepared by T. Baclawski, Prototype-Inc.] 27