Loading...
Minutes 02-20-19MINUTES 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, FEBRUARY 20, 2019, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Norma Loth, Community Standards Associate Lisa Tayar, Recording Clerk, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:00 a.m. and explained the magistrate's role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable to the 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. II. SWEARING IN OF WITNESSES AND INTRODUCTION Ms. Loth administered an oath to all those intending to testify. ROLL CALL IV. NEW BUSINESS Fine Certification Hearing Case No. 18-708 Schneidine & Eric St Aude Property Address: 215 SW 1St Street Type of Property: Single family Violation(s): CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-56D LDR CH 2 ART 4 SEC 2.8.2 Remove all outside storage, trash, and debris. Mow and trim all overgrowth. Fence requires a permit. Sod bare areas. Put address number on home. Officer Weixler presented the case. Notice of violation date March 15, 2018. The Magistrate hearing was on June 20, 2018, and no one appeared. Compliance date given was August 4, 2018, or $75 per day plus admin fees. Property last inspected on February Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 6, 2019, where it came into compliance. 201 days of non-compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $15,709.12. Eric St Aude, owner, appeared. Officer Guillaume provided translation. Ms. Zalman explained the fine and how it was figured. Officer Weixler said the case was tabled twice because of various restraints that prohibited the owner from complying, including a fence permit that had expired. City has no objections with not accruing the fine during the time waiting for the permit, reducing the fine to administrative costs only. Decision Based on the testimony, Ms. Zalman ordered the fine of $634.12 be certified. Case No. 18-1231 Carline Saint Felix Property Address: 2930 SE 2nd St Type of Property: Multi-family/Duplex Violation(s): CO CH 15 SEC 15-120D1 INCL CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120B INCL Reseal, recoat, and stripe parking lot. Remove all outside storage, trash, and debris. Sod/fertilize all bare areas of yard and swale. Renew, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case. Notice of violation date July 25, 2018. The Magistrate hearing was on September 19, 2018, and owner did appear. Compliance date given was January 3, 2019, or $100 per day plus admin fees. Property last inspected on February 19, 2019, violations still exist. 49 days of non-compliance with fines of $100 per day, plus administrative fees of $634.12, for a total of $5,534.12. The outside trash and debris has been moved to road for bulk pick-up. The yard and swale have been sodded. Carline Saint Felix, owner, stated all that remains to be done is the driveway. The house has been painted, the yard as been sodded; all that is needed is a few more weeks to complete the driveway and then can apply for permit to rent. The contractor has been hired, but was unaware that a permit is needed, so needs more time. Ms. Zalman will table to next month, but asks that receipts for bringing the property into compliance are presented at that time; the owner was reminded that administrative costs of $634.12 will be entered in addition to whatever fine is levied. Decision Based on the testimony, Ms. Zalman ordered the case be tabled 30 days. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Case No. 18-570 JWS Investments LLC Property Address: 158 NW 14th Ave Type of Property: Single family Violation(s): CO CH 15 SEC 15-120D INCL LDR CH 2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56D Install sod in yard and swale, wherever dead/bare areas occur. Permit required for fence. Minimum of four -inch house numbers installed on exterior of home visible from city street. Officer Hart presented the case. Notice of violation date April 20, 2018. The Magistrate hearing was on November 21, 2018, and no one appeared. Compliance date given was January 7, 2019, or $25 per day plus admin fees. Property last inspected on February 19, 2019, violations still exist. 45 days of non-compliance with fines of $25 per day, plus administrative fees of $634.12, for a total of $1,759.12. The house number has been installed, sod has been installed, however, there has been no application for fence permit. Jean Morisset, owner/manager, explained the problem with the fence permit is that he applied for the wrong permit, so hired a contractor to apply for the proper permit who did not follow through. Officer Hart said the sod and house numbers were corrected before the November hearing. Ms. Zalman will certify the fine at half the amount or $879.56, including administrative fees, and advised on procedures for lien reduction. Decision Based on the testimony, Ms. Zalman ordered the fine of $879.56 be certified. Case No. 18-574 Cerberus SFR Holdings LP Property Address: 1411 NW 3rd St Type of Property: Single family Violation(s): CO CH 15 SEC 15-120D1 INCL CO CH 10 SEC 10-56D De -weed the fence, mow all overgrowth, trim hedge. Repair or remove fence. Remove all outside storage from carport (washer, dryer, doors, etc.). A minimum of four inch house numbers must be placed on exterior 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 February 6, 2019, violations had complied on that date. 124 days of non-compliance with fines of $15 per day, plus administrative fees of $634.12, for a total of $2,094.12. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Linda Vega, field inspector for owner, appeared. Ms. Zalman informed her that due to lack of affidavit to represent the owner, she could not present evidence; procedure for applying for a lien reduction was given. Decision Based on the testimony, Ms. Zalman ordered the fine of $2,094.12 be certified. Case No. 18-2338 Daniel Jerome Property Address: 1621 NW 1 st Court Type of Property: Single family Violation(s): CO CH 10 SEC 10-52 CO CH 15 SEC 15-120D INCL Remove inoperable/unregistered vehicles from property. Remove all vehicles stored outside as well as trash and debris. Officer Hart presented the case. Notice of violation date October 5, 2018. The Magistrate hearing was on November 21, 2018, and owner appeared. Compliance date given was December 21, 2018, or $150 per day plus admin fees. Property last inspected on February 19, 2019, violations still existed. 62 days of non-compliance with fines of $150 per day, plus administrative fees of $634.12, for a total of $9,934.12. Inoperable/ unregistered vehicles appear to have been remedied; outside storage remains. Daniel Jerome, owner, stated the vehicles were moved two weeks previous; but was under the impression that the storage still outside was allowed; however, he will move it now that he understands. Ms. Zalman gave a credit for 21 days for removing the vehicles, or $3,150; fine for $6,150 plus admin fees. Once brought into compliance, alien reduction application can be made. Decision Based on the testimony, Ms. Zalman ordered the fine of $6,784.12 be certified, and fine continues to accrue. Lien Reduction Hearing Case No. 15-1416 Boynton Business Park LLC Property Address: 1370 W Industrial Ave Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date June 15, 2015. The Magistrate hearing was on September 16, 2015, and no one appeared. Compliance date given was Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 September 26, 2015, or $200 per day plus admin fees. Date complied December 31, 2015. 95 days of non-compliance with fines of $200 per day, plus administrative fees of $730.15, for a total of $19,730.15. Owner of property has complied for lien reduction. Greg Zeifman, managing member of LLC, stated the property was purchased in bad condition from the bank. The property was improved. In the course of business, over 200 tenants have been in and out of the 40 units since purchased. One tenant, a landscaping business, did not get the BTR but also drove a vehicle into the building due to intoxication. Eviction process was begun and tenant abandoned the premises. Counsel was secured at about $1,000. $50,000 to bring into compliance (paving, landscaping, curbs repaired). Notice was sent to the tenant; Mr. Zeifman was not aware of situation until notice dated October 1, 2015, received October 5, for judgement made on September 16. Mr. Wood clarified the dates of hearing notice, and had evidence of green card signed by Boynton Business Park LLC staff on August 20, 2015, to attend hearing in September; the communication problem was deemed internal. Previous LLC staff has been dismissed and new management team is in place. City recommended a reduction to $2,500, plus the admin fee of $730.15. Ms. Zalman reduced the fine to $2,100 plus admin fee. Decision Based on the testimony, Ms. Zalman reduced the fine to $2,830.15. Case Hearing Case No. 18-2668 Wells Fargo Bank Property Address: 218 SW 6t" St Type of Property: Single Family Violation(s): CO CH 15 SECT 15-120D INCL CO CH 10 SECT 10-56D Repair roof and remove blue tarp. Remove all outside storage, trash, and debris. Officer Weixler presented the case, which was a routine inspection. During routine inspection observed that repair of the porch and roof support columns had been made without a permit. Subsequently, a permit for a handrail was in plan check, application date of January 15, 2019. It was called for comments on same date. The effort was made for permit, but has not yet been approved. Case cannot be complied until permit is in hand. City recommended 60 days from printed order for compliance. Rangile Santiago, attorney for EXL Legal/counsel for Wells Fargo Bank, stated this was a foreclosed property. Wells Fargo did not secure title to property until February 5, 2019. However, still trying to come to compliance and awaiting the permit approval. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Decision Based on testimony, Ms. Zalman ordered to table case for 60 days. Case No. 18-2428 Property Address: Type of Property: Violation(s): Olicha Sanon 201 SE 22nd Ave Multi -family CO CH 15 SEC 15-120D1 INCL CO CH 10 SEC 10-52 CO CH 10 SEC 10-56D Remove all outside storage, trash, and debris. Remove or register all inoperable vehicles from the property. Minimum of four -inch house numbers installed on exterior of home visible from city street. Officer Hart presented the case, which was a routine inspection. Initial inspection date October 15, 2018. Initial notice was October 15, 2018, via courtesy notice. Twenty-one days were given to comply. Certified mail was sent January 2, 2019, green card dated January 15, 2019. Property last inspected February 19, 2019. City recommended 10 days from printed order for compliance to get the permit, or $50 a day. Administrative costs $634.12. Ms. Zalman noted one of the cars has current tags, otherwise violations still exist. Antoine [phonetic], representative, presented affidavit to speak on owner's behalf, and stated that the owner works 12 hours a day, most days. A landscape company has been hired to clean up the property. The unregistered vehicle is supposed to be move, but hasn't been yet. The outside storage has not yet been addressed. One to two weeks extension was requested. After some discussion, Ms. Zalman instructed the car on the side of the house must be dealt with as the City cannot remove it; it will be cheaper for the owner to remove it than the City. City asked that the vehicle be removed from the order. Decision Based on the testimony, Ms. Zalman ordered 20 days from the date of the printed order or $25 per day, plus administrative fees of $634.12. [Ms. Zalman called 5 minute recess.] Case No. 18-2941 Ron Rahamim Property Address: 622 NW 1 st Ave Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violation Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Officer Weixler presented the case. This is not a repeat violator. City recommended 15 days from printed order for compliance, or $50 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 15 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-972 Willie T & Idella Lindsey Property Address: 102 NE 13 Ave Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Officer Guillaume presented the case. The City recommended 30 days from printed order for compliance, or a fine of $50 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-1502 Eliza L Albury Property Address: 204 NE 13th Ave Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Guillaume presented the case. The City recommended 30 days from printed order for compliance, or a fine of $50 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-1994 Christian Servil Property Address: 210 NW 28th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Karageorge presented the case. The City recommended 10 days from printed order for compliance, or a fine of $50 per day, plus $634.12 administrative fees. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Decision As no one appeared, Ms. Zalman ordered 10 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-2493 Jessica & Jose Miguel Alfaro Property Address: 105 S Atlantic Dr W Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Karageorge presented the case. The only violations outstanding are the BTR/COU. The City recommended 15 days from printed order for compliance, or a fine of $50 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 15 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-1508 Juvenal & Myrna Suarez Property Address: 197 SE 27th Ct Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 30 days from printed order for compliance, or a fine of $100 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-2189 Craig Judson Kocian Property Address: 136 SE 24th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 30 days from printed order for compliance, or a fine of $100 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Case No. 18-2365 Delphine Hamon Property Address: 2130 N Seacrest Blvd Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 30 days from printed order for compliance, or a fine of $100 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-2451 Marie Dupont Property Address: 115 SW 5t" Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 30 days from printed order for compliance, or a fine of $50 per day, plus $634.12 administrative fees. Also requested is an order to move or abate the vehicle. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Also ordered is to abate the vehicle within 10 days, or $50 a day. Case No. 18-3217 BHAM Partners LLC Property Address: 1310 N Federal Hwy Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 7 days from printed order for compliance, or a fine of $250 per day, plus $634.12 administrative fees. City would like to abate this nuisance by clearing and boarding up the property, which is an abandoned car wash. Decision As no one appeared, Ms. Zalman ordered 7 -day compliance as stated on the Board Order, or $250 a day, plus administrative fees. Also ordered is to abate the door by boarding it up. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Case No. 18-2159 Mohsen Mesbah Property Address: 71 Miner Road Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Guim presented the case, which was a citizen complaint. The City recommended 30 days from printed order for compliance, or a fine of $75 per day, plus $634.12 administrative fees. It was noted that the owner appears to be ignoring the violations. Decision As no one appeared, Ms. Zalman ordered 15 -day compliance as stated on the Board Order, or $75 a day, plus administrative fees. Fine Certification Hearing Case No. 16-913 Katherine C & Waters J Bradley Property Address: 128 SW 11 t" Ave Type of Property: Single family, homesteaded Violation(s): CO CH 15 SEC 15-120D1 CO CH 10 SEC 10-65D Remove tarp and repair roof, permits may be required. Removed all materials stored outside as well as trash and debris. Repair and paint all deteriorating soffit and facia. Officer Hart presented the case. Notice of violation date May 16, 2016. The Magistrate hearing was on July 20, 2016, no one appeared. Compliance date given was September 18, 2016, or $100 per day plus admin fees. Property last inspected on February 19, 2019, violations still exist. 732 days of non-compliance with fines of $100 per day, plus administrative fees of $634.12, for a total of $89,234.12. The owner has cancer and has not been in communication with Officer Hart, posting is still on the door. Decision As no one appeared, Ms. Zalman certified the fine of $89,234.12. III. CHANGES TO THE AGENDA Item Case No. Status 1 18-1877 Removed 30 days 2 18-2401 Complied 3 18-2518 Complied 4 18-2575 Complied 6 18-2739 Removed 30 days Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 20, 2019 Item Case No. Status 7 18-2808 Removed 30 days 9 18-1600 Complied 10 18-1617 Complied 11 18-2244 Complied 14 18-2183 Removed 30 days 15 18-1945 Closed, change of ownership 17 18-2424 Removed 30 days 18 18-2453 Removed 30 days 20 18-2607 Complied 20a 18-2952 Complied 23 18-2363 Complied 25 17-2584 Removed 60 days 26 18-162 Complied 27 18-1956 Removed 30 days 28 18-2231 Removed 30 days 29 18-2238 Complied 30 18-2239 Complied 33 18-2561 Removed 30 days 35 18-463 Complied 36 18-483 Complied 37 18-1431 Complied 39 18-2394 Removed 30 days 40 18-2576 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:30 a.m. [Written by M. Moore, Prototype Inc.] Page 11