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Minutes 05-15-19 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, MAY 15, 2019, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Associate Lisa Tayar, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:08 a.m. and explained the magistrate’s role and the 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 Case Hearing Case No. 19-379 Alma Fuidio Property Address: 25 Kensington Ln Type of Property: Single-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 Obtain permits for addition being built on the rear of the home, being constructed without permits. The construc- tion has been deemed unsafe by the Building Official. Officer Hart presented the case, which was a City Department referral. Initial inspection date February 26, 2019. Initial notice was sent March 6, 2019. Thirty days were given to comply. Certified mail was sent April 9, 2019, signed green card dated April 24, 2019. John Kuntzman, Deputy Building Official present to speak on the case. This is a health and safety hazard. Date last inspection May 14, 2019. City-recommended compliance date is July 1, 2019, or $200 a day. Administrative costs $634.12. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 John Kuntzman, Deputy Building Official, stated the property was cited for work without permits. Respondents have applied for permits, which have been put on hold due to the addition going into the rear set-back by three feet. A zoning variance is required to get the permit approved, however, approval is also needed from the HOA. This is considered a health and safety hazard because there have been no inspections, it is unknown if the foundation is grounded, if the electrical is safe, or if water or any sanitary fixtures are properly installed. Also unknown is if the building has been constructed per the minimum requirements of the Florida Building Code. The 30-day recommendation is to either obtain the permits or remove the structure. The respondent was not present. Decision Based on testimony, Ms. Zalman ordered compliance date of July 1, 2019, or $200 a day, plus administrative fees of $634.12. Case No. 19-7 Maribel & Roberto Ruffat rd Property Address: 309 NE 23 Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-26 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120(D)1D Apply for and pass inspection, obtain a COU and BTR. Sod all bare areas of the property and swale area. Remove illegal dumpster from the property. Officer Guim presented the case, and asked that it be removed 30 days. Decision Based on testimony, Ms. Zalman ordered the case be removed 30 days. Case No. 18-2657 Jose E Diaz Property Address: 3198 E Palm Dr Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D.1 INCL CO CH 15 SEC 15-120B.2 INCL CO CH 14 SEC 14-3 CO CH 10 SEC 10-52 CO CH 10 SEC 10-56D Remove or register all inoperable unregistered vehicles from property. Remove oversized truck from residential zone. Repair wood fence, permit may be required. Sod yard and swale to cover bare spots. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Officer Karageorge presented the case, which was a routine inspection. Initial inspection date October 31, 2018. This is not a repeat offender. Initial notice was made via door hanger on October 31, 2018. Thirty days were given to comply. Certified mail was sent April 22, 2019, signed green card dated April 29, 2019. Everything has complied except for the sod, some of which has been done. Date last inspection May 14, 2019. City- recommended compliance date is July 1, 2019, or $50 a day. Administrative costs $634.12. Jose Diaz, Jr., owner, stated the problem with the sod on the swale is that the property is on the corner and the neighbors use the area to park. Thirty days should be sufficient to get the rest of the sod done, but no guarantees it will be successful. Officer Karageorge recommended “turtle stones” that could be put around the swale to deter parking, but need to be spaced properly. Decision Based on testimony, Ms. Zalman ordered compliance date of July 1, 2019, or $50 a day, plus administrative fees of $634.12. Case No. 18-3215 Enante Delhomme th Property Address: 2553 SW 10 St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 CO CH 10 SEC 10-52 CO CH 15 SEC 15-120D.1.a CO CH 15 SEC 15-120E.2.c Apply for and pass inspection, obtain a COU and BTR. Register or remove inoperable vehicles. Repair damaged screens near front door. Officer Weixler presented the case, which was a routine inspection. Initial inspection date December 28, 2018. Not a repeat violator. Initial notice was sent December 28, 2018. Fifteen days were given to comply. Certified mail was sent April 11, 2019, signed green card dated April 17, 2019. A 2018 COU and BTR renewal was mailed, but no application for 2019 has been made. Date last inspection May 14, 2019. City-recommended compliance date is June 5, 2019, or $50 a day. Administrative costs $634.12. Enante Delhomme, owner, stated the vehicle has been removed. There have been problems with the tenants which prevents work being done on the house, however, the tenants are vacating. Ms. Zalman encouraged the respondent to bring evidence of correspondence with the tenants trying to get access to premises. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Decision Based on testimony, Ms. Zalman ordered compliance date of June 5, 2019, or $50 a day, plus administrative fees of $634.12. Case No. 18-2298 Marie Brizeus th Property Address: 146 SE 27 Ct Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-56C.2 Repair or replace fence and secure pool, it is a safety hazard. Permits may be required. Officer Hart presented the case, which was a citizen complaint. Initial inspection date October 4, 2018. Not a repeat violator. Initial notice via door hanger was October 6, 2018. Ten days were given to comply. Date notice posted on property was May 2, 2019. Fence has been replaced, but permits not obtained. Officer Hart spoke with respondent and tabled the case as respondent was not aware permits were required. Last contact was May 14, 2019, when an incomplete packet was submitted for permits. Property was last inspected May 14, 2019. City-recommended compliance date is July 1, 2019, or $50 a day. Administrative costs $634.12. Marie Brizeus, owner, appeared. Ms. Zalman explained what was needed to comply. Decision Based on testimony, Ms. Zalman ordered compliance date of July 1, 2019, or $50 a day, plus administrative fees of $634.12. Case No. 18-2625 Michael & Audrey Dunn st Property Address: 518 SW 1 St Type of Property: Condominium, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1 INCL CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D LDR CH 2 ART 4 SEC 2.8.2 LDR CH 4 ART 3 SEC 11 Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Pressure clean walkway, de-weed flower beds, replace missing window screens. Obtain a permit for AC installed without a permit. Seal and restripe parking spaces, permits may be required. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Officer Hart presented the case, which was a routine inspection. Initial inspection date October 30, 2018. Not a repeat violator. Initial notice via courtesy notice was November 7, 2018. Thirty days were given to comply. Date notice posted on property and at City Hall on April 5, 2019. The BTR and COU applications have been made; all other violations with the exception of the AC unit are the responsibility of the HOA. Officer Hart spoke with respondent and tabled the case as respondent was not aware permits were required. Property was last inspected May 14, 2019. Window screens and smoke detectors are missing. Faucet in kitchen broken and inoperable (no running water in kitchen). AC unit was not working, though in place. City-recommended compliance date is July 1, 2019, or $50 a day. Administrative costs $634.12. Audrey Dunn, owner, stated there are tenants in the unit at this time. The AC unit has been fixed since the last inspection (cost of repair around $300). Respondent claimed was not aware of the missing screens and broken faucet, and will now repair them. Decision Based on testimony, Ms. Zalman ordered compliance date of July 1, 2019, or $50 a day, plus administrative fees of $634.12. Reinspection of the AC unit must be made by May 27, 2019. Case No. 19-721 Citimortgage Inc. th Property Address: 2123 NE 4 St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-56D Secure the property at all openings to prevent unauthorized individuals from entering the building. Officer Guim presented the case, which was a citizen complaint. Initial inspection date April 16, 2019. This is a health and safety hazard. Initial notice was sent April 16, 2019. Thirty days were given to comply. Date notice posted on property and at City Hall on April 10, 2019. The main doors and windows are currently unlocked; vagrants are in and out of property, history of drugs and prostitution. Property was last inspected May 9, 2019. City recommends abatement order to board up property and secure all the windows and doors, or recommended compliance date is June 5, 2019, or $75 a day. Administrative costs $634.12. Lindsay Yarmuth, attorney for Citimortgage, stated she was just retained the day before this hearing, so has not had time to work with Officer Guim; however, does not th think the property can be boarded up by May 20, so will accept the emergency order. th Officer Guim states there is a company who can do the abatement on May 20. The police reports are constant, day and night, for vagrancy. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Decision Based on testimony, Ms. Zalman ordered compliance date of May 22, 2019, or $75 a day, or the City will abate. Administrative fees of $634.12 are being implemented. Fine Certification Hearing Case No. 18-790 Lanthia Mucale Property Address: 1714 Banyan Creek Court Type of Property: Multi-family Violation(s): LDR CH 2 ART 4 SEC 2.8.2 Obtain a permit for structural repairs to front entrance load- bearing second floor and around garage opening as stated in the Notice of Red Tag issued by R. Cody. Officer Hart presented the case. Notice of violation was April 26, 2018. The Magistrate hearing was on January 16, 2019, and Lanthia Mucale appeared. Compliance date given was April 1, 2019, or $200 per day plus admin fees. Date last inspected was May 14, 2019, violations still exist (applications for permits have not been made). Fine is $8,400 and accruing, plus administrative fees of $634.12, for a total of $9,034.12. Anastasia Gudilina, real estate agent for buyer, provided an affidavit to appear, and stated they were unaware of the extent of the hardships and repairs since negotiations for the short sale began in November 2018. A recounting of the owner’s family’s hardships was given, on top of contractor causing more damage to the house before disappearing and the previous realtor dumping the owner in the middle of the short sale process. The new owner, Christie Mosswock \[phonetic\], testified to her experience in buying and rehabilitating homes for sale. Ms. Zalman explained this is a fine certification rather than a lien reduction hearing. Officer Pierre recommended to not certify the fine, allowing the transaction to go through and repairs to be made. Daily fine is currently accruing at $200 a day. Officer Hart suggested the case be tabled for three months, which will allow the property to close and repairs to be made; the fine will continue to accrue, but it will not be certified and there will not be a lien entered. The new owner can then proceed with the process for a lien reduction. Decision Based on the testimony, Ms. Zalman ordered case be tabled until August 14, 2019; the fine continues to accrue at $200 a day; and administrative fees of $634.12 are being implemented. Case No. 18-1231 Carline Saint Felix nd Property Address: 2930 SE 2 St Type of Property: Multi-family Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120E INCL Reseal, recoat, and stripe parking lot. Remove all outside storage as well as trash and debris. Sod and fertilize all areas of yard and swale. Renew, pass inspection for, and obtain a Certificate of Use. Obtain a Business Tax Receipt. Officer Hart presented the case. Notice of violation was May 25, 2018. The Magistrate hearing was on September 19, 2018, and Caroline Saint Felix appeared. Compliance date given was January 4, 2019, or $100 per day plus admin fees. Date last inspected was May 14, 2019, some violations still exist (remaining is sod along the north side of property, the BTR and COU have been applied for, but inspections not scheduled or performed). Fine is $13,200 and accruing at $100 per day, plus administrative fees of $634.12, for a total of $13,834.12. Carline Saint Felix, owner, stated she had done everything, including applying for BTR and COU, but has been sick for a while and has had trouble scheduling inspections with the tenants. Ms. Zalman explained that respondent should pull all receipts together for what has been done to bring property into compliance and apply for a lien reduction. It was noted that the picture being shown was from February, not recently. Officer Pierre has asked that the case be tabled so the inspection can be conducted prior to certify the fine. Decision Based on the testimony, Ms. Zalman ordered case be tabled until June 19, 2019; the fine continues to accrue at $100 a day; and administrative fees of $634.12 are being implemented. Lien Reduction Hearing Case No. 17-591 James Johnson Jr Property Address: N Seacrest Blvd Type of Property: Vacant Lot Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date April 10, 2017. The Magistrate hearing was on June 21, 2017, and no one appeared. Compliance date given was June 19, 2017, or $100 per day plus admin fees. Date complied November 16, 2018. 461 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $46,830.15. Owner of property has complied for lien reduction. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Ramy Gali, owner of Phoenician Seacrest, (affidavit on file) stated an investor (ELP Homes) had purchased the property from original owner, and his company purchased it from the investor December 31, 2018. A history of non-reduceable mowing liens and clearing property of pine trees and debris was given, as well as confusion over the zoning on the small lot being single-family and multi-family. Plans are to build a multi-family structure. $6,500 has been spent to date in bringing lot into compliance (lot liens, removal of dozens of pine trees, etc.). Developer is working with City as to what would be best built there. Discussion over reduction percentage followed, having stated a conversation with Mr. Woods prior to the purchase had resulted in a 5% reduction, considering improvements to be made. Decision Based on the testimony, Ms. Zalman reduced the fine to $2,305, plus $730.15 administrative fees. Case No. 10-202 Midfirst Bank C/O th Property Address: 124 SW 9 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date January 26, 2010. The Magistrate hearing was on April 21, 2010, and no one appeared. Compliance date given was May 6, 2010, or $100 per day plus admin fees. Date complied April 24, 2012. 718 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $72,539.15. Owner of property has complied for lien reduction. Nathalee Hayden, new owner Natar LLC, stated the property was purchased August 2018. The property was in horrible condition when purchased, and it was in preparation to close that the liens were discovered. The original owner died in 2002, the liens began in 2008, and have escalated since then. There was confusion as the property was described as a duplex when it is a single-family. Discussion followed as to who is responsible for the outstanding lien. Rick Dunne, FOCCO Construction Design, testified as to work done on the property (inside of house gutted, tented for pest removal, new flooring, baseboards, retextured interior, all new plumbing, ready for rough inspections); contractor costs $96,000 to date. Marlon Onias, attorney for Midfirst Bank, spoke about clearing this property as the liens on it affect other Midfirst properties. It was noted this is the best house on the block, considering the surrounding neighborhood. (See related Case 15-2607.) Because there are two liens on the property, City recommended admin costs on one lien, then 5%-10% of the other. Some discussion followed amongst the parties, and Mr. Onias said Midfirst would pick up the $3,590 reduced lien and Ms. Hayden could pay the costs. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Decision Based on the testimony, Ms. Zalman reduced the fine to $3,590, plus $730.15 admin costs. Case No. 15-2607 Midfirst Bank C/O th Property Address: 124 SW 9 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date December 2, 2015. The Magistrate hearing was on January 20, 2016, and Christina Long appeared. Compliance date given was February 19, 2016, or $200 per day plus admin fees. Date complied June 27, 2017. 457 days of non-compliance with fines of $200 per day, plus administrative fees of $730.15, for a total of $92,130.15. (See related Case 10-202.) Owner of property has complied for lien reduction. Nathalee Hayden, new owner Natar LLC, appeared along with Marlon Onias, attorney for Midfirst Bank. Referring to previous case testimony, Ms. Zalman noted that Midfirst Bank has committed to contribute $1,410 towards the costs. Reducing the lien to 4% ($3,656) minus the bank’s contribution ($1,410), would be $3,199, with no fees/costs. It is up to the parties to work out who will contribute to the payment of the liens. Decision Ms. Zalman tabled her decision to allow parties to discuss. (See below.) \[Ms. Zalman called a five-minute recess.\] Case No. 14-2085 IA Boynton Beach Congress LLC Property Address: 363 N Congress Ave Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date September 10, 2014. The Magistrate hearing was on November 19, 2014, and no one appeared. Compliance date given was November 29, 2014, or $100 per day plus admin fees. Date complied June 27, 2017. 940 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $94,730.15. Owner of property has complied for lien reduction. Hannah Moser, property manager, submitted an affidavit to testify, and stated that since becoming aware of these violations in 2018, they have actively working with City to file lien reduction. The original violation was regarding a donation clothing bin, but since Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 removal of the bin in 2014, the lien reduction could not occur because there can be no open permits and this property is currently under redevelopment. Also, there have been issues with tenants not paying their own violations and there have been several changes in managers within the company in recent years. City recommends 5%-10% reduction. Decision Based on the testimony, Ms. Zalman reduced the fine to $6,200, plus $730.15 administrative costs. Case No. 15-2607 Midfirst Bank C/O th Property Address: 124 SW 9 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Returning for a decision, Midfirst Bank has agreed to additional contributions to the lien reduction. Ms. Zalman calculated a 3.5% reduction. Decision Based on the testimony, Ms. Zalman reduced the fine to $3,199, with no hard costs. Case No. 15-2373 Jean Meriles th Property Address: 115 SW 5 Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date October 21, 2015. The Magistrate hearing was on January 20, 2016, and no one appeared. Compliance date given was January 30, 2016, or $100 per day plus admin fees. Date complied May 18, 2018. 838 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $84,530.15. Owner of property has complied for lien reduction. Marie Dupont, new owner, stated property was purchased May 2018, and she was aware of the lien when purchased. Over $60,000 has been spent on the property to bring it up to code (including new roof at $10,000). Joseph Levinne, co-owner, stated they would like to keep the house five years to live in before selling. More work needs to be done due to shoddy work by contractors. City recommended 5%-10% reduction. Decision Based on the testimony, Ms. Zalman reduced the fine to $4,190, plus $730.15 admin fees. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Case No. 15-2750 American Real Estate Strategies F th Property Address: 237 NW 28 Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date December 11, 2015. The Magistrate hearing was on February 17, 2016, and no one appeared. Compliance date given was March 3, 2016, or $100 per day plus admin fees. Date complied May 2, 2019. 1,154 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $116,130.15. Owner of property has complied for lien reduction. Gerry Scanlon, managing partner, stated the property was purchased around 2013- 2014. There was a BTR and a bad tenant that required eviction proceedings. The violation occurred about an inoperable vehicle, when it was noted a failure to obtain the BTR. The BTR has been paid every year since then, plus fines, and have been issued COUs and BTRs, which seems to contradict the City Ordinances. The lien was therefore only discovered when the property was put up for sale. (Noted for the record, the notice for the lien reduction hearing had the old address on it.) It was claimed that the property has been in compliance for a very long time, and this has been a miscommunication. The company has 150 properties in Florida, and this is a rare circumstance. The pending sale is to a veteran and resolution is sought. Ms. Zalman noted that several notices for hearings were sent to Mr. Scanlon and the green cards returned; however, no one has appeared for several years to resolve the matter. Mr. Scanlon stated that since BTRs were issued every year, they were under the impression that the property was in compliance. Discussion ensued, with decision based on balance of both arguments. City stated the COUs were not issued, only the receipts for the BTRs paid online, as an inspection was never scheduled. City recommended 5%-10% reduction. Decision Based on the testimony, Ms. Zalman reduced the fine to $7,501, plus $730.15 admin costs. Case No. 16-117 SDS Florida Investments LLC th Property Address: 302 NE 14 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date January 13, 2016. The Magistrate hearing was on March 16, 2016, and no one appeared. Compliance date given was March 26, 2016, or $100 per day plus admin fees. Date complied July 25, 2016. 120 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $12,730.15. Owner of property has complied for lien reduction. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Lynn Pohl, representative, stated the BTR is in the management company’s name (Walker LLC) instead of the true owner’s name. It has been renewed every year; however, since notification was received that it was not in SDS Florida Investments’ name, this has been corrected. Ms. Pohl has only recently taken on this property. City recommended 5%-10% reduction. Decision Based on the testimony, Ms. Zalman reduced the fine to $900 plus $730.15 administrative fees, for total of $1,630.15. Case Hearing Case No. 18-1877 Neil Richardson nd Property Address: 140 SE 2 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Officer Wexler presented the case. City recommended compliance date of July 1, 2019, or $25 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of July 1, 2019, or $25 a day, plus administrative fees. Case No. 18-2890 Cerberus SFR Holdings LP st Property Address: 722 NW 1 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Officer Wexler presented the case. City recommended compliance date of July 1, 2019, or $25 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of July 1, 2019, or $25 a day, plus administrative fees. Case No. 19-157 Andreson Murat st Property Address: 627 NW 1 Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violation Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Officer Wexler presented the case. City recommended compliance date of July 1, 2019, or $25 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of July 1, 2019, or $25 a day, plus administrative fees. Case No. 19-495 Diane R Copeland Property Address: 902 S Seacrest Blvd Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Officer Wexler presented the case. Two inoperable vehicles, requesting order to tow. City recommended vehicle abatement date of May 31, 2019, or $25 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered vehicle abatement date of May 31, 2019, or $25 a day, plus administrative fees. Case No. 18-2925 Cerberus SFR Holdings LP st Property Address: 2301 NW 1 St Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Officer Karageorge presented the case. Initial inspection date November 29, 2018, notice given via door hanger. Thirty days were given to comply. Date notice sent Certified Mail was March 29, 2019; green card was dated April 17, 2019, only violation remaining is the BRT/COU. Repeated attempts by phone with regional office to schedule inspection, calls are not being returned. Email corporate office May 15, 2019, not properly communicating with regional office; aware of today’s hearing but too late to attend. City recommended compliance date of July 1, 2019, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of July 1, 2019, or $75 a day, plus administrative fees. Case No. 18-3188 Cerberus SFR Holdings LP th Property Address: 100 NE 17 Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Officer Karageorge presented the case. Initial inspection date December 21, 2018, notice given via door hanger. Thirty days were given to comply. Date notice sent Certified Mail was April 11, 2019; green card was dated April 22, 2019. Date last inspected May 14, 2019, and violations still exist. City recommended compliance date of July 1, 2019, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of July 1, 2019, or $75 a day, plus administrative fees. Case No. 19-428 Cerberus SFR Holdings LP Property Address: 3196 N Seacrest Blvd. Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violation Officer Karageorge presented the case. Initial inspection date March 6, 2019, by verbal notice. Fifteen days were given to comply. Date notice sent Certified Mail was April 22, 2019; green card was dated April 29, 2019. Violations have complied except unable to schedule inspection for two missing smoke detectors (three attempts); have emailed corporate offices May 15, 2019. City recommended compliance date of June 8, 2019, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered compliance date of June 8, 2019, or $75 a day, plus administrative fees. Case No. 18-2937 Ann Hertz th Property Address: 125 SE 10 Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case. Proof of service was posted on property and at City Hall on May 2, 2019. The BTR and COU have not been applied for, nor has an exemption, although property appraiser notes Ann Hertz is actually a trust, Ms. Hertz being deceased for some time. Tenant does not pay rent; it has been explained to person in charge of trust that an exemption or BTR is required. The City recommended compliance date of June 15, 2019, or a fine of $50 per day, plus $634.12 administrative fees. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Decision As no one appeared, Ms. Zalman ordered a compliance date of July 1, 2019, or $25 a day, plus administrative fees. Case No. 18-3118 Jose Sanchez & E Carvajal rd Property Address: 700 SW 3 Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-56D Replace dilapidated fence, permit required. Officer Hart presented the case, which was a citizen complaint. Date notice sent Certified Mail March 12, 2019, green card signed March 19, 2019. Fence has been replaced, but improperly and permits have not be applied for. The City recommended compliance date of July 1, 2019, or a fine of $75 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered a compliance date of July 1, 2019, or $75 a day, plus administrative fees. Fine Certification Hearing Case No. 18-608 RJ Simple Solutions Property Address: 160 Flamingo Dr Type of Property: Single family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-6 CO CH 15 SEC 15-120D INCL CO CH 15 SEC 15-120E INCL Install sod. Apply for, pass inspection for, and obtain Business Tax Receipt and Certificate of Use and Occupancy. Paint exterior structure of the property. Officer Guim presented the case. Notice of violation date May 25, 2018. The Magistrate hearing was on January 16, 2019, no one appeared. Compliance date given was February 11, 2019, or $75 per day plus admin fees. Sod and painting have complied, but BTR/COU are outstanding. 92 days of non-compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $7,534.12. Decision As no one appeared, Ms. Zalman certified the fine of $7,534.12, and continue the daily fine. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Case No. 18-967 Alice McKeown Property Address: 3020 E Palm Drive Type of Property: Single family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-56D Put house numbers on building. Install new sod. Apply for, pass inspection for, and obtain Business Tax Receipt and Certificate of Use and Occupancy. Officer Guim presented the case. Notice of violation date May 8, 2018. The Magistrate hearing was on March 20, 2019, no one appeared. Compliance date given was February 11, 2019, or $75 per day plus admin fees. Property came into compliance February 26, 2019. 14 days of non-compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $1,684.12. Decision As no one appeared, Ms. Zalman certified the fine of $1,684.12. Case No. 18-972 Willie T & Idella Lindsey th Property Address: 102 NE 13 Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D INCL Install sod in dead area of yard. Officer Guillaume presented the case. Notice of violation date May 22, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was March 30, 2019, or $50 per day plus admin fees. Property last inspected May 14, 2019, and violations still exist. 47 days of non-compliance with fines of $50 per day, plus administrative fees of $634.12, for a total of $2,984.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,984.12, and continue the daily fine. Case No. 18-1502 Eliza L Albury th Property Address: 204 NE 13 Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain Business Tax Receipt. Officer Guillaume presented the case. Notice of violation date August 3, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was March 30, 2019, or $50 per day plus admin fees. Property last inspection May 14, 2019, and violations still exist. 47 days of non-compliance with fines of $50 per day, plus administrative fees of $634.12, for a total of $2,984.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,984.12, and continue the daily fine. Case No. 18-1508 Juvenal & Myrna Suarez th Property Address: 197 SE 27 Ct Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D.1 INCL LDR CH 2 ART 4 SEC 2.8.2 CO CH 14 SEC 14-3 CO CH 10 SEC 10-56D Remove all materials stored outside as well as trash and debris from carport. Permit required for fence, replacement done without permit. Commercial vehicles not allowed to be parked in residential area, remove commercial vehicle. Repair fence, fascia board, and roof, permit may be required. Officer Hart presented the case. Notice of violation date September 12, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was April 2, 2019, or $50 per day plus admin fees. Property last inspected on May 14, 2019, violations still exist. Fine as of this date, including administrative fees of $634.12, totals $2,784.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,784.12, and continue the daily fine. Case No. 18-2082 Marie M. & Rigaud Alsume th Property Address: 1184 SW 27 Place Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-52 Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Remove all trash and debris from property. Remove or register all inoperable vehicles. Repair/replace garage door. Officer Hart presented the case. Notice of violation date December 20, 2018. The Magistrate hearing was on March 20, 2019, and no one appeared. Compliance date given was April 18, 2019, or $50 per day plus admin fees. Property last inspected on May 14, 2019, violations still exist; however, vehicle has been removed. Fine as of this date, including administrative fees of $634.12, totals $2,034.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,034.12, and continue the daily fine. Case No. 18-2189 Craig Judson Kocian th Property Address: 136 SE 24 Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D.1 INCL LDR CH 2 ART 4 SEC 2.8.2 Obtain permit for fence replacement done without a permit. Obtain permit for carport/garage enclosure done without a permit. Repair fascia boards on NW side of home. Officer Hart presented the case. Notice of violation date September 13, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was April 1, 2019, or $50 per day plus admin fees. Property last inspected on May 14, 2019, violations still exist. Fine as of this date, including administrative fees of $634.12, totals $2,884.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,884.12, and continue the daily fine. Case No. 18-2365 Delphine Hamon Property Address: 2130 N Seacrest Blvd Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D.1 INCL CO CH 10 SEC 10-56D Sod all bare areas of front yard visible from City street. Install a minimum of 4 inch house numbers to exterior of home to be visible from City street. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 Officer Hart presented the case. Notice of violation date December 3, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was March 31, 2019, or $50 per day plus admin fees. Property last inspected on May 14, 2019, violations still exist. Fine as of this date, including administrative fees of $634.12, totals $2,934.12. Decision As no one appeared, Ms. Zalman certified the fine of $2,784.12, and continue the daily fine. Case No. 18-1924 Vanessa A Hernandez Property Address: 123 Harbors Way Type of Property: Single family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for, pass inspection for, and obtain Business Tax Receipt and Certificate of Use and Occupancy. Repair water damage. Officer Guim presented the case. Notice of violation date October 12, 2018. The Magistrate hearing was on December 19, 2018, no one appeared. Compliance date given was February 10, 2019, or $75 per day plus admin fees. The water damage has been repaired; however, BTR violation still exists. 93 days of non-compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $7,609.12. Decision As no one appeared, Ms. Zalman certified the fine of $7,609.12, and continue the daily fine. Case No. 18-2159 Mohsen Mesbah Property Address: 71 Miner Road Type of Property: Single family, 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 for, and obtain Business Tax Receipt and Certificate of Use and Occupancy. Repair or replace mailbox. Remove cinderblocks from front yard. Officer Guim presented the case. Notice of violation date November 26, 2018. The Magistrate hearing was on February 20, 2019, no one appeared. Compliance date given was March 30, 2019, or $75 per day plus admin fees. Mailbox has been replaced, Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 remainder of violations still exist. 45 days of non-compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $4,009.12. Decision As no one appeared, Ms. Zalman certified the fine of $4,009.12. Case No. 18-2562 Ferdinand & Floriane Isaac st Property Address: 2180 NE 1 Lane Type of Property: Single family, non-homesteaded Violation(s): CO CH 15 SEC 15-120E INCL LDR CH 2 ART 4 SEC 2.8.2 Secure a building permit for enclosure to back of property or remove. Remove some cinderblocks and loose construction debris. Put new sod in bare areas of yard. Officer Guim presented the case. Notice of violation date October 26, 2018. The Magistrate hearing was on February 20, 2019, and Floriane Isaac appeared. Compliance date given was March 18, 2019, or $75 per day plus admin fees. Property came into compliance March 18, 2019. Administrative fees of $634.12 need to be assessed. Decision As no one appeared, Ms. Zalman certified the fine of $634.12. III. CHANGES TO THE AGENDA Item Case No. Status 2 18-2739 Remove 30 days 3 18-2787 Complied 7 19-346 Remove 30 days 9 19-506 Complied 10 19-6 Remove 30 days 12 19-505 Complied 13 18-2928 Complied 14 18-2351 Complied 15 18-2384 Case closed 16 18-2438 Remove 30 days 19 18-3109 Remove 30 days 22 19-650 Complied 27 18-3151 Remove 30 days 29 18-2945 Closed, to recite 30 18-2946 Closed, to recite 31 19-25 Remove 30 days Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida May 15, 2019 V. ADJOURNMENT Ms. Zalman concluded the hearing at 12:10 p.m. \[Written by M. Moore, Prototype Inc.\] Page 21