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Minutes 07-17-19 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, JULY 17, 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 procedures. Pursuant to Florida Statute, all orders are appealable to the Circuit Court in Florida and 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. 18-3064 John Garcia & Nicole Morales Property Address: 2219 NE 1St Lane Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-24A.1.5 CO CH 15 SEC 15-120D.1.A CO CH 15 SEC 15-120D.1.D CO CH 10 SEC 10-56D Repair or replace the fence along the property to include a hanging gate, a permit might be required. Install sod in dead areas of the yard to include swale area to achieve a green appearance. Remove trash, debris from property and swale area. Construction materials such a cement and tiles might require special pick-up. Remove garbage carts and recycling bins from public view. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Officer Guim, presented the case, which was a routine inspection. Initial inspection date December 27, 2018. Property owner was not a repeat violator. Initial notice sent December 31, 2018. Thirty days given to bring the property into compliance. Certified mail sent May 30, 2019, nothing has been returned. Property notice was posted and at City Hall. Most violations have been brought into compliance. There is an outstanding permit for the fence, which is still not in compliance. Owner was approved for Community Enhancement Program, but did not meet requirements and offer expired. Property last inspected July 12, 2019. City-recommended property to be in compliance by September 15, 2019, or $50 a day accessed. Nicole Morales, owner, stated the loan repayment portion of the community program was too expensive. The contractor misinformed them about not needing a permit for replacing a wooden fence in the same place; owner accepts that was her responsibility. The contractor was paid $4,000, but the gate never installed. Another contractor has been hired to finish the gate and remove the bins from sight. Officer Guim stated that a permit is still required for the fence that was built. Decision Based on testimony, Ms. Zalman ordered compliance date of September 15, 2019, or $50 a day fines accessed, and administrative fees of$634.12 entered this date. Fine Certification Hearing Case No. 18-2678 Sony & Edline Bellony Property Address: 602 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 LDR CH 2 ART 4 SEC 2.8.2 LDR CH 4 ART 3 SEC 11 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain Business Tax Receipt and Certificate of Use and Occupancy. Pressure clean walkways, sod bare areas, seal and stripe parking lot (HOA responsibilities). Replace missing window screens. Obtain permit for AC unit installed without a permit. Officer Hart presented the case. Notice of violation date December 22, 2018. The Magistrate hearing was on April 17, 2019, no one appeared. Compliance date given was May 26, 2019, or$50 per day accessed and administrative fees of$634.12. Property last Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 inspected on July 16, 2019, violations still exist. Fine to date is$2,600, plus administrative fees of$634.12, for a total of$3,234.12, which continues to accrue daily. Sony Bellomy, owner, stated this is an investment property, and did not think permits were required because the violations were considered maintenance. Compliance and the lien reduction process were explained by Ms. Zalman. Decision Based on testimony, Ms. Zalman certified the fine of $3,234.12, and continue the daily fine. Case Hearing Case No. 19-1145 Oakwood Square E&A LLC Property Address: 320 N Congress Ave Type of Property: Multi-family Violation(s): As noted on the Notice of Violation Officer Gregory presented the case. Property owner was not a repeat violator, no health, safety or hurricane hazards. This is for an unpaid invoice. City recommended five days compliance, or $25 a day in fines and administrative costs $100.00. Decision As no one appeared, Ms. Zalman ordered compliance date of July 31, 2019, or $25 a day, plus administrative fees of$100.00 entered July 17, 2019. Case No. 19-1147 Oakwood Square E&A LLC Property Address: 320 N Congress Ave Type of Property: Multi-family Violation(s): As noted on the Notice of Violation Officer Gregory presented the case. Property owner not a repeat violator, no health, safety or hurricane hazards. This is for an unpaid invoice. The City recommended five days compliance, or$25 a day fines and administrative costs of$100.00. Decision As no one appeared, Ms. Zalman ordered compliance date of July 31, 2019, or$25 a day in accessed fines and administrative fees of$100.00 entered July 17, 2019. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Lien Reduction Hearing Case No. 12-1676 Laina & Leon Feinstein Property Address: 508 SW 1St St Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date August 28, 2012. The Magistrate hearing was on October 17, 2012, no one appeared. Compliance date given was October 27, 2012, or $200 per day plus administrative fees. Date complied July 5, 2019. 2,441 days of non-compliance with fines of$200 per day in fines and administrative fees of $730.15, for a total of $488,930.15. Owner of property has complied for lien reduction. Inneta Kantor, realtor for property, presented affidavit to speak for owners. The owner bought property sight-unseen in 2007 and had no idea liens had been accruing until discovered in title search. Neither the owners nor Ms. Kantor were aware of BTR requirements. Property has declined in value over the years. Value of property was originally $205,000, dropped to $35,000, but has been brought back so that a sales contract is now pending for $100,000. Receipts were presented, most of which were for association fees. Property has been vacant since 2018. The owner was found to have neglected the investment property and has not been compliant with the City. City recommends 10% of the lien (noting for the record the same owners own the property next door). After much discussion and negotiation, the lien was reduced further. Also, the appeals process was explained to Ms. Kantor. Decision Based on the testimony, Ms. Zalman reduced the fine to $20,000.15, including the administrative fees. Case No. 13-1724 Nathaniel Robinson Property Address: 335 NE 11th Ave Type of Property: Triplex Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date August 14, 2013. The Magistrate hearing was on October 16, 2013, and no one appeared. Compliance date given was November 10, 2013, or $200 per day plus administrative fees. Date complied March 29, 2017. 1,244 days of non-compliance with fines of $200 per day, plus administrative fees of$730.15, fora total of$249,530.15. Owner of property has complied for lien reduction. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Simone DeSouza, new owner, stated the property was purchased the end of March 2019, from BFI Holdings, who purchased it from Nathaniel Robinson. The property had fire-damage, was burnt out and stripped, and used by squatters. The property was rebuilt from the studs and concrete pad; only had one tenant now. $160,000 has been put into the renovation and owner asked for removal of lien as the violations were acquired prior to the previous owner. City recommends 5% of the lien, which was further reduced after discussion and considerations of improvement of the property/community. Decision Based on the testimony, Ms. Zalman reduced the fine to $6,900.15, including the administrative fees. Case No. 14-2043 Lavelle Johnson Property Address: 401 NW 5t" 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 August 29, 2014. The Magistrate hearing was on October 15, 2014, and no one appeared. Compliance date given was October 25, 2014, or $100 per day plus administrative fees. Date complied January 15, 2015. The property has 82 days of non-compliance with fines of $100 per day fine accessed and administrative cost of$730.15, for a total of $8,930.15. Owner of property has complied for lien reduction. Ontario Johnson, husband of owner, stated the property was acquired with the existing tenant (tenant remains) who was the cause of the violations. There was much confusion with neighbors contributing to unregistered vehicles in the alleyway. Differences were worked out, but it was a difficult keeping the property in compliance. The City recommended 5% of lien. Decision Based on the testimony, Ms. Zalman reduced the fine to $1,140.15, including the administrative fees. Case No. 16-06 Courtney & Lavelle Johnson Property Address: 2206 NE 4t" Court 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 4, 2016. The Magistrate hearing was on February 17, 2016, no one appeared. Compliance date given was March 3, 2016, or $100 per day plus administrative fees. Date complied May 29, Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 2019. 1,181 days of non-compliance with fines of $100 a day fine accessed and administrative cost of$730.15, for a total of$119,130.15. Owner of property has complied for lien reduction. Ontario Johnson, husband of owner, voiced an issue with this judgment, that the rental application was done, but City made an error listing it as a transfer rather than a rental application. Documentation was given showing the transaction dated January 1, 2016; also, notices were not received because of the confusion in change of address. The home is now under contract and the liens were recently discovered. Mr. Johnson gave the new owner (who is in the SHIP program) permission to start bringing items to the property. Officer Pierre noted that problem was not the application for the BTR, but that no inspection was scheduled. Value of the property is $196,000, the property has been completely renovated and upgraded. City recommends 5% of the lien. Decision Based on the testimony, Ms. Zalman reduced the fine to $5,605, including the administrative fees. Case No. 18-2159 Mohsen Mesbah Property Address: 71 Miner Road 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 September 17, 2018. The Magistrate hearing was on February 20, 2019, and no one appeared. Compliance date given was February 28, 2019, or $75 per day plus administrative fees. Date complied May 29, 2019. 59 days of non-compliance with fines of $75 per day, plus administrative fees of $730.15, for a total of $5,155.15. Owner of property has complied for lien reduction. Mohsen Mesbah, owner, stated when noticed was received he talked to the City, but at that time a family emergency caused him to be out of town and unable to receive the other notice (arrived back in town day of the hearing, too late to attend). The property has been for investment purposes, but Mr. Mesbah plans on moving into it by the end of the year. City recommends 5% of the lien. Decision Based on the testimony, Ms. Zalman reduced the fine to $951.40, including the administrative fees. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Case No. 11-71 Kathleen Romeo Property Address: 303 SW 7t" St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date January 12, 2011. The Magistrate hearing was on April 20, 2011, no one appeared. Compliance date given was June 19, 2011, or$100 per day in fines accessed and administrative fees. Date complied May 1, 2012. 316 days of non-compliance with fines of$100 per day, plus administrative fees of $730.15, for a total of $32,330.15. Owner of property has complied for lien reduction. Kathleen Romeo, owner, presented Ms. Zalman with documentation of permits and receipts, stating the property is her homesteaded residence since 1998. In 2011, a roof leak in the carport revealed termite damage infected the entire roof. The cost of repairing the roof, changing it from flat to sloped, was $19,238.71. Additional costs were reviewed per the documents presented, including taxes and insurance. Ms. Romeo related serious life-changing occurrences of loss of three siblings the year prior, which left her in charge of elderly mother who lived in Massachusetts, and necessitated four-five trips to supervise repairs on her mother's home for the next three years. Further documentation of a series of loans to take care of repairs and upkeep of her own property. Ms. Romeo received an offer on her house, only learning then there was a lien on her home. At that time, she contacted the City for an inspection, which did not pass due to improperly installed hurricane windows, the repairs made to the windows and passed inspection. In December 2018, Ms. Romeo and her mother were t-boned in an accident causing not only damage to their car but hospital bills due to head injury and four months out of work. The City recommended that due to hardship and the property being homestead, and all the money spent (including taking loans) to come into compliance, the lien be reduced to administrative fees only. Decision Based on the testimony, Ms. Zalman reduced the fine to administrative fees of$730.15. Case Hearing Case No. 19-150 214 S Seacrest LLC Property Address: 107 SW 2nd Ave, Unit 5 Type of Property: Single-family, homesteaded Violation(s): As noted in the notice of violation Officer Weixler, presented the case. This was not a health, safety or hurricane hazard. City recommended property to be in compliance by September 1, 2019, or$50 a day fine accessed and administrative cost of$634.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Decision As no one appeared, Ms. Zalman ordered compliance date of September 1, 2019, or$50 a day fine accessed and administrative cost of$634.12. Case No. 19-763 Sherlie Belot Property Address: 206 SW 13th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the notice of violation Officer Weixler, presented the case. Owner presented proof prior to the hearing that this case has complied. Case No. 18-2853 Cesar Alvarez Jr. Property Address: 626 SW 1St Street Type of Property: Single-family, homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection, and obtain Certificate of Use and Occupancy. Obtain Business Tax Receipt. Officer Hart, presented the case. This is not a health or safety issue. There has not been an inspection since January 10, 2019, for missing smoke detectors, missing window screens, and the inoperable exhaust fan in bathroom. The City recommended property to be in compliance by August 7, 2019, or $25 a day fine accessed, and an administrative cost of $634.12. Ms. Zalman initially wanted to break the decision into two parts to address the smoke detectors more quickly, then learned they had already been replaced. Decision As no one appeared, Ms. Zalman ordered an August 7, 2019, $25 a day in fines accessed and administrative fees of$634.12 entered on July 17, 2019. Case No. 19-533 AEC Property Holdings LLC Property Address: 417 N Federal Hwy Type of Property: Commercial Violation(s): LDR CH 4 ART 4 SEC 5.c.6 CO CH 10 SEC 10-56B Repair broken tiles on front walkway. Only 20% of a window may be covered by signs; please remove the signs. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 Officer Hart, presented the case. This was not a health or safety issue. The City recommended property to be in compliance by August 7, 2019, or $25 a day fine accessed, and an administrative cost of$634.12 entered on July 17, 2019. Decision As no one appeared, Ms. Zalman ordered compliance date of August 7, 2019, $25 a day fine accessed, and an administrative cost of$634.12 entered on July 17, 2019. Fine Certification Hearing Case No. 19-428 Cerberus SFR Holdings LOP Property Address: 3196 N Seacrest Blvd. Type of Property: Single-family Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1 INCL Apply for, pass inspection, and obtain COU for activity being conducted in residence. Obtain BTR. Install sod in the areas of yard and swale to cover bare areas. Officer Karageorge presented the case. Notice of violation was March 19, 2019. The Magistrate hearing was on May 15, 2019, no one appeared. Compliance date given was June 8, 2019, or $75 per day fine accessed and administrative fees of $634.12. Last inspected and complied July 5, 2019. There are 26 days of non-compliance, and administrative fees of $634.12, for a total of $2,584.12. The animal control issue has been resolved, no animals were present at inspection. Decision As no one appeared, Ms. Zalman certified the fine of $550, and administrative fees of $634.12 entered on July 17, 2019. III. CHANGES TO THE AGENDA Item Case No. Status 1 19-20 Removed 30 days 3 19-346 Removed 30 days 4 19-539 Removed 30 days 6 18-1622 Removed 30 days 7 18-2974 Complied 10 19-1188 Complied 11 18-2762 Removed 30 days 12 18-3115 Complied Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 17, 2019 13 19-35 Removed 30 days 14 19-38 Removed 60 days 15 19-797 Case closed, change of ownership 16 19-310 Removed 30 days Item Case No. Status 17 19-563 Complied 19 18-3025 Removed 30 days 21 19-802 Removed 30 days 23 19-188 Removed 30 days 24 19-248 Removed 45 days 27 19-721 Complied 28 10-41 Removed due to no appearance by applicant V. ADJOURNMENT Before adjourning, Officer Pierre introduced three new staff members: Karen Pronto, Tuchette Torres-Lee and Nakita Daniels. Ms. Zalman concluded the hearing at 11:22 a.m. [Written by M. Moore, Prototype Inc.] Page 10