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Minutes 12-19-18 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE INTRACOASTAL CLUBHOUSE, 2240 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 19, 2018, PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Associate Jamie Opperlee, Recording Clerk, Prototype, Inc. 1. 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 hearing procedures. Pursuant to Florida Statute, all orders are appealable tot Circuit Court in Florida and not the City Commission. Also, that a fine will be imposed if the violation(s) are not corrected by the deadline. Il. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an not to all those intending totestify. ROLL CALL IV. NEW BUSINESS Case Hearing Case ® 18-2895 Gall Suhair Property Address: 1005 N Seacrest I . Type of Property: Commercial Violation(s): CO CH 13 SEC 13-18 Mr. Woods presented tees is was for a BTR license revocation. Michael Wolf, attorney for tenant, and Ron Rice, attorneys for owner, gave an overview oft notice of revocation received as upon the execution of a search warrant, pursuant to Florida Law Chapter 849, Gambling Crimes Statute. Mr. Wolf asked for a stay oft proceedings until the criminal cases are resolved. Meeting Minutes Community i FloridaBoynton Beach, r 2018 , Bridgeman,Shana Attorney,Assistant City stated the decisionas already been concerning the BTR, revoked ev l n Director of City reason for this hearingis an appeal of the Development Director's decision to revoke e Ms. Zalman clarified it is Sec 13-18e is requires r roof on the City to establish the refusal or denial for the BTR. Cityrocs call witnesses. Officer Matthew Vazquez, Community , Boynton Beach Police Department, testified to the backgroundoft e complaint er 14, 2017regarding illegal gambling machines on the premises. Alcohol Beverage & Tobacco ( ) had provided r. Hassan (Manager - - asd & Meat Market) a writtentiadvising on the illegal possession of the machines. In conjunction wi rco r criminal investigation into sale rcotics and gamblingissues began August16, 2018, and s described in sometil for the benefit of Ms. Zalman. On November 15, 2018, searchthe rr s executed regarding of only the gamblingmachines oak making, but the narcotics transactions, harboring narcotics inside the store, as well as the drug dealersIla o use ility as a safe haven. Arrestwarrants were issued; s chargesand re given to Ms. Zalmans evidence. Mr. Wolf cross-examined e witness, c II i - itestimony on the officer's I , as well as the actual natureof the gamblingmachines vs. video games. Michael itCity of Boynton Beach, first became aware o the issues involving on November 16, 2018Police , via police records, oic s of arrests, and search rr t information wi in those documents. Such information is reviewed inst the Code of Ordinances, Part 2, Sec 13-18, describing process of lacking issuance, denial of renewals, transfers, and revocation o licenses to ascertain criteria o take such ci r. Rumpf andl is o (Business Development Specialist) evaluated this particular c races was explaineds. Zalman. It was found that, pursuant to violation r I, and Local regulations, the respondent s in violation and met the revocation criteria sed upon police evidence, specifically gambling (payoff machinesbetting), and possession/saleo narcotics. Notification of BRT revocation dated November 19, 2018, s delivered certified ail dated November 20, 2018. The business owner(Mr. Aiyar, tic) is not the e person as the propertyr (Gali ir). Mr. Wolf cross-examined witness, tin establish i t allegation nfacts respondents re guilty and business license revoked. r. Rumpf claimed cia takenwas based on the City's consistent cions and severity cc ai s. Bridgeman objected to further line of questioning, this is not a criminal trial but a quask judicial civil hearing. Mr. Rumpf answeredrelies s in the legal system for the Cityo make the findings o review of results. Mr. Rumpf then stated for the record sis for why the BTR was revoked: Violation of any local, State or Federal law regulation. Mr. Wolf gave some backgroundFlorida liCrimes chapter is basically antiquatedout of date, having changed twicein the pastfour years with regard Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 definition of an illegal gambling device. Argument was given that the machine itself is on trial, and the State has to prove that there is chance inherent int device. Ms. Zalman interrupted, stating that today is not the criminal trial and that this action is not based on allegations but whether the it can revoke the license based on Subsection A, and the City had met enough criteria based upon the determination of a violation of regulations. Mr. Rumpf met the precedent for determining the violation; however, Ms. Zalman would like more evidence as to what that precedence is in order to make a more informed decision. Mr. Ron Rice stated that the machines have been removed from the premises, the owner was not are of their presence int store, and that situation has been remedied. Ms. Zalman of like follow-up information as to whether the City had a right to revoke under Subsection 13-18A, including precedent, to make sure the allegations are sufficient cause. Instructions were given fort briefs, focusing on the narrow issue oft statute. Ms. Bridgeman concluded that Section 13-18A3 specifically provides that the Director of Development (Mr. Rumpf) is the person who determines that proof of occupational and professional certification of licensure is required or applicable under law. Also, on the police reports provided, the owner as well as the manager of the business have of been charged with keeping a gambling house and bookmaking, is is criminal activity on the property. Further discussion among Ms. Zalman, Ms. Bridgeman, and Mr. Rumpf revealed that in this case there was a warrant plus the action taken by the police department to follow up on the warrant and the subsequent arrests is led to Mr. Rumpf s decision. Decision Based on testimony, Ms. ZaI reserved ruling and ordered further documentation be provided by short brief by January 8, 2019. Case No. 18-286 Mata Chorwadi Inc Property Address: 2821 S Federal Hwy Type of Property: Violation(s): CO CH 15 SEC 15-115 Chronic nuisance declaration. Mr. Woods presented the case. The property was visited on several occasions, beginning December 2017 due to calls for service from Emergency Response Units (police /or fire). The property was declared to be a chronic nuisance in July 2018 per City Ordinances. Notice of violation issued by Certified Mail July 13, 2018, green card dated July 18, 2018, and received July 27, 2018. There was no courtesy notice issued, inspected most recently August 13, 2018. Compliance extensions have been given on several occasions: August 13 extended to September 12, and subsequent extensions Page 3 Meeting Minutes Community Standards 1al Magistrate Hearings FloridaBoynton Beach, r 19, 2018 until the last sin on November 14. Propertyre-inspected on Nov r 16, 2018, foundand o be in non-compliance. Hearing noticeissued by Certifiedit on November 16 for December 1 , 2018, ring; green card received r 21, 2018. Last inspection ec r 14, 2018, and againfound in non-compliance. Photos depicting its condition r December 14, 2018. There havebeen several personal contacts with respondent, contact and by email. City requests the propertyowner be fined in violation of the Code Section as stated ell as the notice of violation requiring li nce with the Codeadministrative casts o $634.12 as oft is hearing. Ms. Zalman asked if an agreementh e reached n was told an agreementr see , terms weren i tback and , resulting in an agreementsigned by the respondent tote City December 1 , 2018. At this point, City is willingo sign agreement unless further negotiations are agreedthis ring, which is called for Section 15-116, refusal to sign or violation of the agreement. Manshl Shah, attorney, testifiedr signed; received December 17 after ., signed and notarized returned on December 18, 2018, with the understandingi not have to attend once agreement was signed; r, she rearranged er schedule o be present. r. Woods referenced that the original agreement in July is the very same agreements signed December 1 ; to which Ms. Shah objected it is not the same agreement, n contains some changes. Mr. Woods came backreferencing r evidentiary items: 1) Exhibitotic iol tion and violation tail; ) Exhibit , the agreement attachedint the same c ) Composite Exhibit r containing Il the evidentiary callsis sent to the property owner as well as the corrections required current prevention unit to bring the property into compliance. is request is that the property be found in violation because the original agreement was not sin (noting that it has taken from July to December because the respondent several attempts to change the agreementthe City s not in favor of nor agreed to). Ms. Shah voiced confusion over the process. s. Zalman ascertainedthat besides the changes in the dates on the new agreement, the respondent ri en changes and that voided r e bringing the case before the magistrate. said r s not substantively changed, only that her client is not waiving their rights to any appeals. Ms. Zalman replied that use the agreement was not signed as is, the Cityrejected i . In a limited review, Ms. Zalman can review the record ci e what can be donetoday as a magistrate, to either uphold or reject is declaration of chronic nuisance or the noticeo violation regarding e corrective action plan. Mr. Woods then noted that in additiono the added appealslanguage, Ms. Shah addedin handwritingr client s signing the agreement r duress, is is what broughte case r today to negotiate termsthe of parties can sin a newr s. Zalman again stated to decide if there is a chronicnuisance or violation, noting that as of this date it didnot appear that bothparties are on the same page. Page 4 Meeting Minutes Community FloridaBoynton Beach, r 19, 2018 Mr. Woods gave evidenceof Section15-115, ronic nuisance is determined review of the Chronic Nuisance Review (made up on multipledisciplines throughout the City) that meets on a regular asis to look at the data behindsuch calls for service. I that property meets the definition, the Citys about declaring it a chronic nuisance sending appropriate notices to support i . Several exchanges and stipulations to evidence r e; however, City proceededcall witnesses. Ms. Shah pointedthe fact that the letter specifically says that the reason the propertyis beingcalled chronic nuisance is because of the calls, not because of any Code compliance issues. Greg Cafaro, Reserve Officer, testified that none of the cases i ishotel management orownership noii or called lice for services were attributedo the trigger on the chronic nuisance violation; all of the calls were generatedfrom other sources and met the criteria fort e violation listed withint rin c exceeding six or more calls within a six month period. Statistics oft e offences ring 2018 weregiven: 1 calls for services wereis resulted in police reports i ken; six ( )felony arrests wereon the property; four( ) narcotics violations on the property; 20 overdoses on the property, of whichresulted in deaths; causes of two other deaths are yet to be determined. It was determinedthat evidentiaryevidence criteria for chronic nuisance per Section 15-112, s section 26H, definition of a pattern of nuisance activity. Shana Bridgeman, Assistant City Attorney, questioned witness for evidence of expertise of suchsituations, creation of a corrective action planfor Homing Inn, and execution of said r osed plan whichit no-trespass r ent with the it 's service providers. Ms. Shah ascertainedlis were not made by the owners or front desk staff of the hotel; Officer Cafaro stated if the owners/staffowners/staff had made these calls, the incidents that comprised the violation would not have beencharged again property per the Ordinance. i of the meetingsto inspect e property between City (law and code enforcement) and counsel/owners was discussed. Officer Cafaro submittedcopy of a report s a detailed synopsis of what took place at the last meeting in an attempt to come into compliance. Mr. Woods added that this is further evidence of why the case came beforet it to this date, and that contrary to Ms. testimony, many of the items to bring property into compliance remain one. Photos of the propertyon December 14 at 7:45 were presented. Additionally, video of the propertyshows that such tins as lights still not working and unlit corners and congregate areas of the property still exist. Per Section 15-116F3, i order is entered into stipulating ther is a chronic nuisance, then the City tete nuisance and bill the costs of abatingthe nuisance to the owner of the property. Ms. Shah interjected thatshe will meet with Mr. Wood, that she will sign the Agreement as sent on Monday without the handwrittenchanges, and will move on with coming into compliance. Mr. Woods noted the City'spreference is that the respondent would signa changes to the propertythemselves rather than the City i e corrections illi teowner. Ms. Shah made a few closing statements o clarify v r I points before Ms. Zalman made her decision. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 Elm! In closing, Mr. Woods submitted a copy oft original agreement with Track Changes so changes between that and the most recent agreement could be seen. Also, per Ms. Bridgeman, that as the ordinance is written, if the Magistrate makes a finding of chronic nuisance, it will substantiate the City's position that there is no opportunity for the respondent to sign the agreement at that point. This last point opened new discussion of the ordinance language; Ms. Zalman not that if the order is made, it authorizes the City to provide chronic nuisance services tot property, it does not require it, but authorizes it. Corrective actions need to be taken care of expeditiously, or the City will step in right away and send the owner the bill for services. Decision Based on testimony, Ms. Zalman tabled the case to January 16, 2019, to allow time for a signed agreement to be read into the record. At that time, there will be an entry of fees for costs incurred to date ($634.12) to be determined. Case No. 18-1924 Vanessa A Hernandez Property Address: 123 Harbors Way Type of Property: Townhouse, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 CO CH 10 SEC 10-56B Apply for, pass inspection, and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Repair water damage toexterior of property area. Officer Guim presented the case, is was a citizen complaint. Initial inspection date August 29, 2018. Initial notice was sent September 10, 2019. Thirty days were given to comply. Property was posted on December 6, 2018. All violations still exist. It was verified there is an active tenant paying the water bill. City recommended 30 days from printed order for compliance, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 30-day compliance as stated on the Board Order, or$75 a day, plus administrative fees. Fine Certification Hearing Case No. 18-348 Marie Y Augustin Property Address: 652 SW 4th Ave Type of Property: Single family, non-homesteaded Violation(s): CO CH 10 SEC 10-52 CO CH 13 SEC 13-7 INCL Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 CO CH 13 SEC 13-16 CO CH 15 SEC 15-120D INCL Apply for, pass inspection, and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Remove inoperable vehicle on property. Officer Weixler presented the case. Notice of violation date February 12, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date given was November 2, 2018, or $25 per day plus admin fees. Property last inspected on December 18, 2018, violations still exist; however, car was removed. 48 days of non- compliance with fines of $25 per day, plus administrative fees of $634.12, for a total of $1,834.12. Decision As no one appeared, Ms. ZaI certified the fine of$1,834.12. Case No. 18-1268 Diane R Copeland Property Address: 902 S Seacrest Blvd Type of Property- Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D INCL Mow and trim all overgrowth. Officer Weixler presented the case. Notice of violation at May 31, 2018. The Magistrate hearing was on October 17, 2018, and no one appeared. Compliance date given was November 6, 2018, or $25 per day plus admin fees. Property last inspected on December 18, 2018, violations still is . 44 days of non-compliance with fines of$25 per day, plus administrative fees of $634.12, for a total of $1,734.12. City requests to abate the nuisance (mow and trim) as it is a vacant property. (Related Case 18-1386.) Decision As no one appeared, Ms. Zalman will amend the or and certified the fine of$1,734,12. Case No. 18-1386 Diane R Copeland Property Address: 902 S Seacrest Blvd Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-52 CO CH 15 SEC 15-120D INCL Remove two inoperable vehicles with expired tags. Remove outside storage, trash, and debris. Officer Weixler presented the case. Notice of violation date June 21, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 IMMMEMEM given was October 18, 2018, or$50 per day plus admin fees. Property last inspected on December 18, 2018, violations still is ; however, trash and debris is gone. 56 days of non-compliance with fines of$25 per day, plus administrative fees of$634.12, for a total of $3,434.12. City requests to abate the nuisance (tow the vehicles) as it is a vacant property. (Related Case 18-1268.) Decision As no one appeared, Ms. Zalman will amend the or and certified the fine of$3,434.1 . Case No. 18-574 Cerberus SFR Holdings LP Property Address: 1411 NW 31d St Type of Property, Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-56D De-weed fence, mow all overgrowth, trim hedges, remove/repair fence. Remove all outside storage from carport (washers, dryers, doors, etc.). Minimum of 4-inch house number must be placed on exterior of home to be visible from city street. Officer Hart presented the case. Notice of violation date April 23, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date given was October 20, 2018, or$15 per day plus admin fees. Property last inspected on December 12, 2018, violations had complied. There were 54 days of non-compliance with fines of $15 per day, plus administrative fees of$634.12, for a total of$1,444.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,444.12. Case No. 18-890 Juanita & Lewis Beckett Property Address: 408 NW 16 th Ave Type of Property, Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 CO CH 15 SEC 15-120D INCL CO CH 10 SEC f - ly for, pass inspection, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Install sod in yard and swale or wherever bare/dead spots occur. Remove all inoperable unregistered vehicles from the property. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 Officer Hart presented the case. Notice of violation date May 5, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date given was October 15, 2018, or$100 per day plus admin fees. Property last inspected on December 18, 2018, violations still is ; however, licenses have been applied for. There were 65 days of non-compliance with fines of $100 per day, plus administrative fees of $634.12, for a total of$7,284.12. Decision As no one appeared, Ms. Zalman certified the fine of$7,284.12. Case No. 18-45 Michael LaRocca Property Address: 85 Maple Lane Type of Property: Single-family, homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 Obtain permit for installation of pavers in back patio. Officer Guim presented the case. Notice of violation date January 10, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date given was December 4, 2018, or$50 per day plus admin fees. Violations still is . There were 15 days of non-compliance with fines of $50 per day, plus administrative fees of $634.12, for a total of$1,384.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,384.12. 111. CHANGES TO THE AGENDA Item Case No. Status 1 18-1552 Removed 90 days 2 18-1846 Removed 60 days 3 18-1877 Removed 30 days 4 18-2131 Removed 30 days 5 18-2132 Removed 30 days 6 18-2415 Closed in Reciting 7 18-1518 Removed 30 days 8 18-1461 Removed 30 days 9 18-2180 Removed 30 days 10 18-2183 Removed 30 days 12 18-1272 Complied 13 18-1290 Removed 30 days 15 18-708 Removed 30 days Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 19, 2018 SHERNINNEM Item Case No. Status 20 18-1250 Removed 30 days 22 98-1879 Removed indefinitely V. ADJOURNMENT Ms. ZaI concluded the hearing at 11:27 a.m. [Written by M. Moore, Prototype Inc.] Page 10