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Minutes 08-21-24 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, AUGUST 21, 2024, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Candice Stone, Community Standards Director Patrick Hart, Community Standards Supervisor Luney Guillaume, Community Standards Specialist Tanya Guim, Administrative Supervisor Isis Sablon, Community Standards Associate Brandon Chevalier Bien-Aime, Community Standards Specialist Calim Estime, Community Standards Specialist Emily Vasquez, Community Standards Specialist Miranda Mohorn, Community Standards Specialist Osiris Castillo, Community Standards Specialist I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:06 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 24-1682 Removed 5 24-0966 Complied 8 24-0136 Complied 9 24-0293 Complied 12 24-1688 Removed IV. NEW BUSINESS Case Hearing Case No. 23-1947 COPELAND HENRIETTA D Property Address: 404 CIRCLE DR S 1 Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was June 28, 2023. This is not a repeat violator. The initial notice was issued June 29, 2023, via written notice, with 30 days to comply. Notice was sent certified mail on June 28, 2024. Notice was posted on the property and City Hall on July 26, 2024. No attempts have been made to contact the department regarding the violations. The property was last inspected August 19, 2024 and the violations still exists. This is not a health and safety hazard. The City recommends compliance by September 24, 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 September 24, 2024, ora fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0938 BOILOT MARIE HERLA PIERRE Property Address: 1610 NE 3RD CT 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 15 SEC 15-120 D1 D Officer Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was April 10, 2024. This is not a repeat violator. The initial notice was issued April 11, 2024, via written notice, with 30 days to comply. Notice was sent certified mail on July 9, 2024. Notice was posted on the property on August 7, 2024. No attempts have been made to contact the department regarding the violations. The property was last inspected August 19, 2024 and the violations still exists. This is not a health and safety hazard. The City recommends compliance by September 24, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Mr. Luc Pierre, respondent, was present. Ms. Zalman reviewed the violations. Mr. Pierre requested an extension of time. Ms. Zalman agreed. Mr. Pierre noted he did not receive the notice. Ms. Zalman suggested he update his address with the Palm Beach County Property Appraiser. 2 Decision Due to evidence and testimony, Ms. Zalman Ms. Zalman agreed to the extension of the compliance date to October 11, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-1682 SEACREST VILLAS ASSN INC Property Address: 1812 NEW PALM WAY SFHA Decision The case was removed prior to the hearing. Case Hearing Case No. 24-0612 COMPOSITES CORP Property Address: 409 INDUSTRIAL AVE Type of Property: COMMERCIAL Property Violation(s): CO CH 15 SEC 15-120A CO CH 15 SEC 15-120 D1A Officer Estime presented this case, which was a routine inspection. The initial inspection date was March 8, 2024. This is not a repeat violator. The initial notice was issued March 12, 2024, via courtesy notice, with 30 days to comply. Property was posted on August 7, 2024. The property was last inspected August 16, 2024 and the violations still exists. This is not a health and safety hazard. The City recommends compliance by September 24, 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 September 24, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0966 Q2600 LLC Property Address: 2600 QUANTUM BLVD Decision The case complied prior to the hearing. Case Hearing 3 Case No. 24-0138 ABBASI ISAM & ABASSI MARTHA Property Address: 2015 S SEACREST BLVD UNIT A Type of Property: MULTI FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 CO CH 10 SEC 10-56E Officer Guillaume presented this case, which was a citizen complaint. The initial inspection date was January 22, 2024. This is not a repeat violator. The initial notice was issued June 4, 2024, via written notice, with 30 days to comply. Notice was posted on property and at City Hall on June 5, 2024. The property was last inspected on June 20, 2024. This is a health and safety hazard. The City recommends compliance by August 30, 2024, or a fine of$250 per day, plus administrative fees in the amount of$384.12. Mr. Isam Abbasi, respondent, was present. He said a vendor came by yesterday to address the mold and will provide a report today. He noted the previous tenant never cleaned the utilities and he replaced them. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 30, 2024, or a fine of$250 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-1273 WINTERS ELSIE Property Address: 130 SE 13TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 10 SEC 10-58A Officer Guillaume presented this case, which was a city referral. The initial inspection date was May 14, 2024. This is not a repeat violator. The initial notice was issued May 14, 2024, via written notice, with 5 days to comply. Notice was posted on property and at City Hall on August 7, 2024. The property was last inspected on August 20, 2024. This is a health and safety hazard. The City recommends compliance by August 30, 2024, or a fine of$250 per day, plus administrative fees in the amount of$384.12. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 30, 2024, or a fine of$250 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0136 E G REAL ESTATE INVS LLC Property Address: 128 S ATLANTIC DR W 4 Decision The case complied prior to the hearing. Case Hearing Case No. 24-0293 ALEXANDRE DORMEUS Property Address: 2551 NE 1ST LN Decision The case complied prior to the hearing. Case Hearing Case No. 24-1158 STEPHENE JOHNNY Property Address: 2511 NE 4TH ST Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1A CO CH 10 SEC 10-60B Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was May 1 , 2024. This is not a repeat violator. The initial notice was issued May 2, 2024, via courtesy notice, with 30 days to comply. Notice was posted on property and City Hall on August 7, 2024. Owner stated a private company will repair the windows, but no window permit has been applied for. The property was last inspected August 16, 2024. This is not a health and safety hazard. The City recommends compliance by September 10, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Ms. Marie Stephene, on behalf of the respondent, was present. Ms. Zalman reviewed the violations and order that Mr. Stephene will receive. Discussion ensued about damage to the window and whether a permit may be needed or not. Ms. Zalman reminded the Ms. Stephene to have Mr. Stephene check to ensure a permit was applied for. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 22, 2024, ora fine of$75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-1653 910 SW 27TH WAY LLC Property Address: 910 SW 27TH WAY 5 Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 14 SEC 14-3 Officer Castillo presented this case, which was a routine inspection. The initial inspection date was June 26, 2024. This is not a repeat violator. The initial notice was issued July 3, 2024, via written notice, with 15 days to comply. Notice was posted on property and City Hall on August 2, 2024. Officer Castillo called the property owner on July 29, 2024 with a reminder to pay the fine. The owner agreed to pay the fine in a week. The property was last inspected August 20, 2024 and the violations still exists. This is not a health and safety hazard. The City recommends a fine of $100 for first occurrence, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman agreed to the $100 fine, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-1688 BETHESDA HOSPITAL INC Property Address: 2815 S SEACREST BLVD Decision The case was removed prior to the hearing. Fine Certification Case No. 23-3062 MATHIS JAMES R AND MATHIS Property Address: 360 NW 16TH CT Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was May 15, 2023, and respondent did not appear. A compliance date was set for July 18, 2024, or a fine of$75 per day. Property was posted and at City Hall on dated August 7, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 34 days of non-compliance, and the fine continues to accrue at $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 certified the fine, plus the administrative fee in the amount of$384.12. 6 Fine Certification Case No. 24-0384 LUNA USA INVESTMENTS LLC Property Address: 1910 N SEACREST BLVD Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was June 15, 2023, and respondent did appear. A compliance date was set for June 30, 2024, or a fine of $150 per day. Service was signed via green card dated July 23, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 52 days of non-compliance, and the fine continues to accrue at $150 per day. The respondent has paid the administrative fees in the amount of$384.12 and has requested a 30-day extension of time. The City had no objection to the extension request. Mr. Idelfonso Carvalho, respondent, was present. He said that he depends on the contractors. Ms. Zalman encouraged him to remain in contact with the contractors. Decision Due to evidence and testimony, the compliance date issued in May 15, 2024 order is being amended to extend the compliance date from June 30, 2024 to September 20, 2024. The administrative fees in the amount of $384.12 was paid. Fine Certification Case No. 23-3379 HERNANDEZ LEVY TRUST Property Address: 1135 SW 25TH AVE Officer Estime presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did appear. A compliance date was set for June 18, 2024, for Board Order 1 and July 18, 2024 for Board Order 2, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Property was posted on August 7, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 65 days of non- compliance for Board Order 1, and 35 days of non-compliance for Board Order 1, and the fine continues to accrue at $100 per day, plus administrative fees in the amount of $384.12. Ms. Isabel Levy, respondent, was present. She said she complied with Board Order 1. Officer Estime clarified the violations that still exist under Board Order 1. He said there are still items located outside. Ms. Levy stated that they are using the buckets for plants. Officer Estime stated Ms. Levy laid sod, but it was not maintained. Ms. Levy stated that the sod was not taking and was ripped up by City to install a cleanout. Discussion ensued about the sod and permit for driveway. Ms. Levy asked for an extension. Ms. Zalman explained that an extension needs to be applied for prior to the hearing. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 23-2845 207 S SEACREST LLC Property Address: 207 S SEACREST BLVD Officer Vasquez presented this case. The Special Magistrate Hearing date was June 26, 2024, and respondent did not appear. A compliance date was set for July 15, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Service was on property and City Hall on August 7, 2024. The property was last inspected on August 16, 2024, and the violations still exist. There are 36 days of non-compliance, and the fine continues to accrue at $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 certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 23-3777 KRAUSER RICHARD L JR Property Address: 130 SW 8TH AVE Officer Vasquez presented this case. The Special Magistrate Hearing date was June 26, 2024, and respondent did not appear. A compliance date was set for July 15, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Property was posted and at City Hall on August 7, 2024. The property was last inspected on August 16, 2024, and the violations complied. There are 36 days of non-compliance and at rate of $75 per day, plus administrative fees in the amount of $384.12. Officer Vasquez also noted Mr. Krauser was hospitalized and has kept in contact with her. Mr. Richard Krauser Jr., respondent, was present. 8 Director Stone indicated if Mr. Krauser would not be charged the administrative fee if he applied for an extension request due to his circumstances. The City did not object to extending the compliance date to August 16, 2024. She noted the administrative fee would need to be paid at some point. Ms. Zalman agreed to the compliance extension and explained the fine would be $0. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension of the compliance date to August 16,2024 and the violation will comply. The administrative fee in the amount of$384.12 still needs to be paid. Fine Certification Case No. 24-0765 GETA REAL ESTATE LLC Property Address: 301 SW 9TH AVE Officer Vasquez presented this case. The Special Magistrate Hearing date was June 26, 2024, and respondent did not appear. A compliance date was set for July 5, 2024, or a fine of $150 per day, plus administrative fees in the amount of $384.12. Property was posted and at City Hall on August 7, 2024. The property was last inspected on August 16, 2024, and the violations still exist. There are 46 days of non-compliance and at rate 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 certified the fine, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 23-3795 LOPEZ ANTONIO Property Address: 715 SE 1ST ST Officer Guillaume presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did not appear. A compliance date was set for June 18, 2024, or a fine of$150 per day, plus administrative fees in the amount of$384.12. The property was last inspected on August 19, 2024, and the violations still exist. There are 60 days of non- compliance, and the fine continues to accrue at $150 per day, plus administrative fees in the amount of$384.12. The respondent was not present. 9 Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 24-0097 WATSON MICHAEL Property Address: 3625 SE 2ND ST Officer Guillaume presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did not appear. A compliance date was set for June 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Signed green card on July 18, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 60 days of non-compliance, and the fine continues to accrue at $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 certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 24-0160 HERRING CHARLES R SR Property Address: 134 SE 8TH AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did appear. A compliance date was set for July 18, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Service was signed via green card dated July 29, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 32 days of non-compliance, and the fine continues to accrue at $75 per day, plus administrative fees in the amount of$384.12. Mr. Charles Herring Sr., respondent was present. He said he just had surgery and was trying to get help, but the compliance date expired. He noted the old fencing needs braced, and he was told he didn't need a permit. Officer Guillaume clarified that he would need a perfect to replace the fence. Mr. Herring explained the outdoor storage items. Ms. Zalman reviewed the violations. Discussion ensued about the daily fine. 10 Mr. Herring asked for an extension. Ms. Zalman explained a written extension request must be submitted prior to the hearing. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 24-0244 WRIGHT ANTHONY SR Property Address: 1210 NW 1ST ST Officer Guillaume presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did not appear. A compliance date was set for June 18, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Property was posted on August 7, 2024. The property was last inspected on August 7, 2024, and the violation has complied. There are 48 days of non-compliance at a rate 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 certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification Case No. 24-0262 WEINGARTNER BRADLEY J Property Address: 132 SW 25TH AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was June 26, 2024, and respondent did not appear. A compliance date was set for July 15, 2024, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Property was posted on August 7, 2024. The property was last inspected on August 19, 2024, and the violations still exist. There are 34 days of non-compliance, and the fine continues to accrue at $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 certified the fine, plus the administrative fee in the amount of $384.12. 11 Fine Certification Case No. 23-3228 VITA PAUL Property Address: 1521 NE 2ND STREET Ms. Guim clarified the case is a clerical correction from a previous hearing. Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was April 17, 2024, and respondent did appear. A compliance date was set for May 21, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Service was signed via green card dated June 11, 2024. The property was last inspected on July 10, 2024, and the violations still exist. There are 92 days of non-compliance, and the fine continues to accrue at $75 per day. Mr. Guy Etienne, respondent was present. He stated that everything is completed except for the fence. Decision Due to evidence and testimony, Ms. Zalman stated that an order would be sent correcting the prior clerical error. Fine Certification Case No. 23-2998 BAF ASSETS Property Address: 2152 NE 1ST COURT Ms. Guim clarified the case was recalled correcting a clerical error. Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was April 17, 2024, and respondent did not appear. A compliance date was set for May 21, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Service was signed via green card dated June 5, 2024. The property was last inspected on July 9, 2024, and the violations still exist. There are 92 days of non-compliance, and the fine continues to accrue at $75 per day. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman stated that an order would be sent correcting the prior clerical error. Fine Certification Case No. 23-0568 BONNER CHARLES S 12 Property Address: 2111 NE 4TH ST Ms. Guim clarified the case was recalled correcting a clerical error. Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was April 17, 2024, and respondent did appear. A compliance date was set for May 21, 2024, ora fine of$75 per day, plus administrative fees in the amount of$384.12. Service was signed via green card dated June 7, 2024. The property was last inspected on July 9, 2024, and the violations still exist. There are 92 days of non-compliance, and the fine continues to accrue at $75 per day. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of$384.12. Lien Reduction Hearing Case No. 16-0131 PRECISION INVSTMNTS INC Property Address: 123 NE 15TH AVE Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on January 13, 2016. The original Magistrate hearing date was March 16, 2016, and no one appeared. Service by certified mail on February 20, 2016. The fine certification hearing was on May 18, 2016, and no one appeared. Service by certified mail on April 14, 2016. The compliance date was April 4, 2016, and the fine proposed by the Magistrate was $100 per day, plus $634.12 administrative fees. The property was last inspected on July 28, 2016, and the violation has complied. There have been 115 days of non-compliance at $100/day for a total amount of $11,500, plus the $634.12 administrative fees fora total of$12,134.12. Officer Hart stated the City is recommending a reduction to $2,426.80, plus $634.12 administrative fees. Attorney Richard Breger, respondent, was present. He asked for the total. Ms. Zalman noted the total would be $3,060.92. Attorney Breger stated he was advised by Officer Hart he did not need to appear at the previous hearing. He stated the lien was due to a tenant's car parked on the property. He explained other minor violations which occurred that he took care of. He said he has been trying to get the lien reduced. 13 Ms. Zalman confirmed Attorney Breger submitted a copy of expenses from Quickbooks dating back to 2014. Officer Hart explained it was for a business tax receipt. He said when we went back for inspection the tenant had an unregistered and inoperable vehicle at the property. He clarified that he told Attorney Breger he would not have to attend the hearing if everything was in compliance, and it did not comply when he went out to inspect the property. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,185, plus administrative fees of $634.12, for Case No. 16-0131, payable within 90 days or the fine will revert to the original amount. Cases 25 and 28 were heard together. Lien Reduction Hearing Case No. 17-0563 PAD PROPERTIES LLC Property Address: 186 SE 27TH CT Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on June 2, 2017. The original Magistrate hearing date was October 18, 2017, and no one appeared. Service by posting on July 28, 2017. The fine certification hearing was on January 17, 2018, and no one appeared. The compliance date was November 26, 2017, and the fine proposed by the Magistrate was $50 per day, plus $730.15 administrative fees. The property was last inspected on July 10, 2024 , and the violations have complied. There have been 2,418 days of non-compliance at $50/day for a total amount of$120,900, plus the $730.15, fees fora total of$121,630.15. Officer Hart stated the City is recommending a reduction to $12,163, plus $730.15 administrative fees. Lien Reduction Hearing Case No. 22-2150 PAD PROPERTIES LLC Property Address: 186 SE 27TH CT Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCLUSIVE Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on September 19, 2022. The original Magistrate hearing date was January 18, 2023, and no one appeared. Service by certified mail and signed green card 14 on December 27, 2022. The fine certification hearing was on April 19, 2023, and no one appeared. Service by posting on March 7, 2022. The compliance date was February 21, 2023, and the fine proposed by the Magistrate was $100 per day, plus $384.12 administrative fees. The property was last inspected on July 10, 2024 , and the violations have complied. There have been 505 days of non-compliance at $100/day for a total amount of$50,500, plus the $384.12, fees for a total of$50,884.12. Officer Hart stated the City is recommending a reduction to $7,632.62, plus $384.12 administrative fees. Mr. Robert Kaplan, respondent, was present. He stated he was the new owner and intends to sell the property. He also submitted a list of expenses to Ms. Zalman. Ms. Zalman reviewed the liens and recommended reductions of both cases. Discussion ensued about reduction for both cases. Mr. Kaplan requested $10,000 total for both cases. Officer Hart agreed to $10,000, plus administrative fees. Ms. Zalman state the total would be $11,114.27. She also reviewed the improvement expenses. Mr. Kaplan reiterated his request for further reduction. Ms. Zalman agreed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $10,384.12 total for Case No. 17-0563 and Case No. 22-2150, payable within 90 days or the fine will revert to the original amount. Cases 26 and 27 were heard together. Lien Reduction Hearing Case No. 18-1994 SERVIL CHRISTIAN Property Address: 210 NW 28TH AVE Property Violation(s): CO CH 15 SEC 15 120-D INCLUSIVE CO CH 10 SEC 10-52 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on December 13, 2018. The original Magistrate hearing date was February 20, 2019, and no one appeared. Service by certified mail on February 4, 2019. The fine certification hearing was on April 17, 2019, and respondent appeared. Service via certificated mail on March 17, 2019. The compliance date was March 2, 2019, and the fine proposed by the Magistrate was $50 per day, plus $634.12 administrative fees. The property was last inspected on October 25, 2023, and the violations have complied. There 15 have been 1,697 days of non-compliance at $50/day for a total amount of $84,850, plus the $634.12, fees for a total of$85,484.12. Officer Hart stated the City is recommending a reduction to $4,274.21, plus $634.12 administrative fees. Lien Reduction Hearing Case No. 20-2050 SERVIL CHRISTIAN Property Address: 210 NW 28TH AVE Property Violation(s): CO CH 15 SEC 15-120D1A Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on September 24, 2020. The original Magistrate hearing date was December 16, 2020, and no one appeared. Service by certified mail on October 22, 2022. The fine certification hearing was on February 17, 2021, and no one appeared. Service by certified mail on January 29, 2021. The compliance date was January 15, 2021, and the fine proposed by the Magistrate was $50 per day, plus $384.12 administrative fees. The property was last inspected on October 25, 2023, and the violations have complied. There have been 1,013 days of non-compliance at $50/day for a total amount of$50,650, plus the $384.12, fees fora total of$51,34.12. Officer Hart stated the City is recommending a reduction to $2,551.71 plus $384.12 administrative fees. Mr. Christian Servil, respondent, and Ms. Charlene Poe, niece of respondent, were present. Ms. Poe explained Mr. Servil needs help because he has no caretaker. She confirmed Mr. Servil lives at the property. Ms. Zalman asked Ms. Poe if Mr. Servil had a counteroffer to the City's recommendation. Ms. Poe stated Mr. Servil does not have the funds to pay the lien but does not want to lose his home. Officer Hart confirmed it was a homesteaded property. Ms. Zalman recommended a further reduction. Ms. Poe explained the total amount to Mr. Servil. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,034.12 total for Case No.18-1994, payable within 90 days or the fine will revert to the original amount. Decision 16 Due to evidence and testimony, Ms. Zalman reduced the fine to $1,034.12 total for Case No. 20-2050, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 23-0237 DIAZ LAURA & INEA DIAZ Property Address: 1114 LAKE TER UNIT 210 Property Violation(s): CO CH 13 SEC 13-7 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 August 16, 2023, and no one appeared. Service by certified mail on July 12, 2024. The fine certification hearing was on October 18, 2023, and no one appeared. Service by posting on October 5, 2023. The compliance date was September 19, 2023, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on June 26, 2024, and the violation has complied. There have been 281 days of non-compliance at $75/day for a total amount of $21,075, plus the $384.12 administrative fees for a total of$21,459.12. Officer Hart stated the City is recommending a reduction to $4,291.82, plus $634.12 administrative fees. Ms. Carlotta Cuervo, on behalf of the respondent, and Mr. Miguel Cortez, translator for respondent, were present. Ms. Zalman reviewed the lien. Mr. Cortez explained Ms. Laura Diaz never received the notice about the original hearing from the tenant. He explained the respondent paid approximately$500 for the inspections to bring the violations into compliance. Mr. Cortez stated Ms. Cuervo asked for a reduction to $500 total. He further explained that Ms. Diaz would be returning from Colombia to live in the apartment. Due to the property becoming a homesteaded property, Ms. Zalman recommended a reduction to $2,134.12 total. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $2,134.12 for Case No. 23-0237, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing 17 Case No. 23-3125 ALTO ASSET COMPANY S LLC Property Address: 25 FAWLKLAND CIR Property Violation(s): CO CH 13 SEC 13-7 INCLUSIVE CO CH 13 SEC 13-16 CO CH 15 SEC 15 120 D1B CO CH 10 SEC 10-56D CO CH 10 SEC 10-56E Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on November 1, 2023. The original Magistrate hearing date was January 17, 2023, and a representative appeared. Service by certified mail on December 12, 2023. The fine certification hearing was on March 20, 2024, and no one appeared. Service by posting on March 7, 2024. The compliance date was February 29, 2024, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on June 18, 2024, and the violation has complied. There have been 110 days of non-compliance at $75/day for a total amount of $8,250. The $384.12 administrative fees have been paid. Officer Hart stated the City is recommending a reduction to $1,650. Mr. Ronald Farring, on behalf of the respondent, was present. Mr. Farring asked for a reduction to $1,560. Ms. Zalman agreed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $1,560 total for Case No. 23-3125, payable within 90 days or the fine will revert to the original amount. Foreclosure Case No. 23-3125 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Director Stone presented this case. She noted the property has been a nuisance to the neighborhood for many years, within liens from 2008-2023 and current liens in 2024 for lot mowing. The property is vacant and has appeared to be for many years. She stated that the property owner is absentee, and they have proper notice for every single case. Director Stone said the records show the property owner lives in Jupiter, FL and a certified notice of hearing was sent to his homestead. The property owner did not respond. Director Stone reviewed the following liens: Case No. 08-1256 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED 18 Director Stone presented this case. The notice of violation was issued on April 29, 2008 to remove debris from the carport, mow yard, and de-weed the driveway. The Special Magistrate hearing was on June 18, 2008. The compliance date was July 3, 2008. Affidavit of non-compliance was issued on July 7, 2008. The fine certification hearing was on August 20, 2008. The lien was recorded on September 6, 2008. There were daily fines as of August 21, 2024. The fines are $884,284.12. The City is requesting authorization to foreclose any final judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. Case No. 09-3722 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Director Stone presented this case. The notice of violation was issued on December 9, 2009 to mow the overgrown lawn, remove the unlicensed and inoperable trailer, trash and debris, and clean and maintain pool. The Special Magistrate hearing was on January 20, 2010. The compliance date was February 4, 2010. Affidavit of non-compliance was issued on February 8, 2010. The fine certification hearing was on March 17, 2010. The lien was recorded on May 5, 2010. There were daily fines as of August 21, 2024. The fines are $1,328,134.12. The City is requesting authorization to foreclose any final judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. Case No. 10-1570 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Director Stone presented this case. The notice of violation was issued on May 25, 2010 to mow the overgrown lawn, which the City abated on April 4, 2012, and house was unsecured, which the City abated on July 1, 2014. The Special Magistrate hearing was on July 21, 2010. The compliance date was July 31, 2010. Affidavit of non-compliance was issued on August 3, 2010. The fine certification hearing was on September 15, 2010. The lien was recorded on October 9, 2010. There were daily fines as of July 1, 2014. The fines are $358,134.12. The City is requesting authorization to foreclose any final 19 judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. Case No. 13-2812 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Director Stone presented this case. The notice of violation was issued on December 20, 2013, to secure property and building from entry, which the City abated on July 1, 2014. The Special Magistrate hearing was on February 19, 2014. The compliance date was March 1, 2014. Affidavit of non-compliance was issued on March 12, 2014. The fine certification hearing was on April 16, 2014. The lien was recorded on May 23, 2014. There were daily fines as of August 21, 2024. The fines are $6,684.12. The City is requesting authorization to foreclose any final judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. Case No. 14-1537 DOUGLAS M. FEELEY Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Director Stone presented this case. The notice of violation was issued on December 20, 2013, to secure property and building from entry, which the City abated on July 1, 2014. The Special Magistrate hearing was on February 19, 2014. The compliance date was March 1, 2014. Affidavit of non-compliance was issued on March 12, 2014. The fine certification hearing was on April 16, 2014. The lien was recorded on May 23, 2014. There were daily fines as of August 21, 2024. The fines for the abatement, plus interest, are $3,604.72. The City is requesting authorization to foreclose any final judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. SEE BELOW DOUGLAS M. FEELEY 20 Property Address: 331 NE 24TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Director Stone read the following case numbers of lot mowing liens: • Case No. 12-0136 • Case No. 12-2331 • Case No. 13-1994 • Case No. 18-1915 • Case No. 19-2004 • Case No. 20-1408 • Case No. 22-0631 • Case No. 22-1564 • Case No. 23-2213 • Case No. 23-3410 She noted the total amount of the low moving liens is $4,124.06. The City is requesting authorization to foreclose any final judgments for the total amount of monies owned. Lien recorded more than 90 days, less than 20 years old, and is not a homesteaded property. The lien dates will be attached for the record. Decision Due to evidence and testimony, Ms. Zalman agreed to enter an order of foreclosure on the liens. [Minutes by TBaclawski, Prototype-Inc.] 21