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Minutes 01-16-19DRAFT 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, JANUARY 16, 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 9:04 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. 18-286 Mata Chorwadi Inc Property Address: 2821 S Federal Hwy Type of Property: Commercial Violation(s): CO CH 15 SEC 15-115 Chronic nuisance declaration. Mr. Woods presented the case, a follow-up from the previous hearing, and stated that since that time both the City and the respondent have signed the agreement. An Order of Finding is no longer needed; however, it is requested that the Magistrate acknowledge that the agreement is being submitted into the record. Attorney for respondent, Manshi Shah, was present telephonically. Mr. Woods summarized that because the agreement has been signed and notarized, the administrative costs of $634.12 will not be assessed. For the record, the agreement was dated December 26, 2018, and signed and notarized by the City of Boynton Beach and the property owner. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Decision Based on testimony, Ms. Zalman acknowledged the agreement has been entered and no fees will be assessed at this time. Lien Reduction Hearing Case No. 12-933 Arthur Lubus Property Address: 620 NW 10th Ct. Violation(s): For code sections as stated Officer Guim presented the case, which are lien reductions of two Cease & Desist Orders. 1) Notice of violation was May 12, 2012, cited to refrain from storing vehicles and shipping cars from the property (which is prohibited in residential zones) and to obtain a rental license. Magistrate hearing was July 18, 2012, and no one appeared. At that time, the Cease & Desist Order was imposed. Compliance date given was July 28, 2012, or $500 per occurrence. A violation of the Cease & Desist Order occurred on August 15, 2012. The Magistrate certified 17 occurrences at $500 per occurrence for a fine of $8,500, plus administrative fees of $634.12, for a total amount of $9,134.12. 2) Notice of violation was September 21, 2012, the Order was again violated. The Magistrate certified 6 occurrences at $500 per occurrence for a fine of $3,000, plus administrative fees of $634.12, for a total amount of $3,634.12. At this time, the property is in compliance and in pristine condition. The tenant wishes to purchase the property and is present to request a reduction of the liens. James Gross, tenant speaking on behalf of respondent, stated he was in residence at the time and that the charges are not realistic, that the vehicles had stickers and tags and business was not being done from that site, there were never more than four cars at any one time. The property is under contract and due to close within the week, so Mr. Gross is looking to reduce the liens. City recommended reducing the two liens to $1,500, including a single administrative cost of $634.12. Decision Based on testimony, Ms. Zalman reduced the combined lien to $1,500, which includes the administrative cost of $634.12. Case Hearing Case No. 18-2895 Gali Suhair Property Address: 1005 N Seacrest Blvd. Type of Property: Commercial Violation(s): CO CH 13 SEC 13-18 Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Mr. Woods presented the case, which was for a BTR license revocation for Z -Food & Meat Market, and a continuation of the case from the December 19, 2018, hearing. Before entering the order, Ms. Zalman clarified the violations on the November 19, 2018, notice revoking the Business Tax Receipt did not include the five Florida Statutes and asked City if they would like to include those numbers at this time. Mike Rumpf, Development Services Director, did not have the statutes with him, but stated that the notice was based upon general language within the business sections which talks about preventing businesses from having that disruption. Ms. Zalman stated that after hearing the arguments and reviewing the submissions of both counsel, under Section 13-18, the power she holds is very narrow and the question under Subsection E to establish "Did the City have a right to revoke the business tax receipt as set forth in the Subsection A, above, and the burden then shifts to the applicant to prove if the applicant is exempt from the application of that same Subsection A." After reviewing the minutes and the Director of Development's testimony, the police officer's testimony, based on the decision of warrants, evidence, the police reports, and such, nothing in the briefs counters that the City acted improperly or that the Director of Development did not act properly. Ms. Zalman believed the City acted in accordance with Section 13-18 and denied the appeal at this time. Michael Wolf, attorney for tenant, stated for the record that under Section 13-18 the City has the initial burden of substantiating the basis for their decision and he does not recall the testimony of a police officer that he personally saw any violations. The only witness was Mr. Rumpf who said he relied on the police and staff reports, which does not even come close to substantial, competent evidence. Because in two months the State has yet to file charges, Mr. Wolf said that typically means there are difficulties with information presented as to whether or not a criminal case can be brought against any and all of the alleged defendants. The police reports were not put into evidence; Ms. Zalman interjected that the police reports were put into evidence as she reviewed the file prior to making the order. Mr. Wolf argued the reports are allegations, not facts, and the alleged defendants had no opportunity to refute the allegations at the point where the Director had the discretion to make his decision. Ms. Zalman stated there was an evidentiary record, there was witness testimony by the Director of Development regarding the process of making the decision and what evidence was relied upon. In response to Mr. Wolf's contention that not even minimal due process was given, Ms. Zalman explained her narrow ability under Section 13-18 to view the Code itself, not the issues to question the constitutionality of the Code or the process itself. Mr. Wolf's next issue was that the Code provides that the process of revoking the business tax receipt is stayed pending the appeal process. After some discussion among Mr. Wolf, Ms. Zalman, and Assistant City Attorney Shana Bridgeman, Mr. Wolf requested that the business be allowed to remain open along narrow guidelines while the appeals process is pending. Ms. Zalman encouraged open communication among the parties regarding the issue of stay and the future of this matter, but felt the argument being presented is for the record. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Decision Ms. Zalman believed the City acted in accordance with Section 13-18 and denied the appeal at this time. Case No. 18-2562 Ferdinand & Floriane Isaac Property Address: 2180 NE 1St 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 porch. Remove cinder blocks and all loose construction debris. Install sod in dead area of yard, including swale are to achieve green appearance. Officer Guim presented the case, which was a routine inspection. Initial inspection date October 25, 2018. Initial notice was sent October 26, 2018. Thirty days were given to comply. Certified mail was sent December 6, 2018, and no service received. Property was posted and in City Hall on January 4, 2019. All violations still exist. Property was last visited January 14, 2019. This is not a health and safety hazard. City recommended 45 days from printed order for compliance to get the permit, or $75 a day. Administrative costs $634.12. Ms. Zalman asked if the sod had complied on December 3rd, but Officer Guim stated the swale area keeps returning to non-compliance, so all violations still exist. Floriane Isaac, owner, was present and gave permission for her son to speak for her (name was unintelligible). Mr. Isaac testified that no notice had been received prior to the posting on the door and as soon as received it the bricks were removed. Work has begun on the sod and a sprinkler is being installed. Owner would like to know what to do regarding the porch because the hurricane blew it apart; however, if a permit is required, they could take it down immediately. Ms. Loth told them to come to the Building Department to get a permit, if not, the structure will have to be removed and that sod must be installed in swale area because that is the responsibility of the property owners. However, as of two days prior, Officer Guim said the bricks are still there. Mr. Isaac noted that the address on the notice posted on the door was for the property at 2186; if it had been received at the right address, this all would have been taken care of much earlier. Also, Ferdinand Isaac has been deceased for 12 years and this is the only property the family owns. Ms. Zalman instructed the owners on what needs to be done: 1) apply for a permit or the structure will need to come down; 2) go online or call property appraisers to update the address to make sure no notices are missed in the future so that fines and fees don't start accruing. City recommended 45 days for time to process the building permit; Officer Guim will return to property to see if minor violations are complied. Mr. Isaac noted that no additions to the porch had been made, only wood on the roof to repair damage from the hurricane. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Decision Based on the testimony, Ms. Zalman ordered 45 days from the date of the printed order or $75 per day, plus administrative fees of $634.12. Fine Certification Hearing Case No. 18-1250 Sabine Joseph & Valceus Leonet Property Address: 152 SE 29th Ave Type of Property: Single family Violation(s): CO CH 10 SEC 10-56D CO CH 10 SEC 10-59E Remove tarp and repair roof, permits may be required. Replace/repair all torn soffit screens. Properly cover unsecured electrical wire by front door. House numbers must be painted a contrasting color from the structure of the home. Officer Hart presented the case. Notice of violation date July 5, 2018. The Magistrate hearing was on September 19, 2018, and no one appeared. Compliance date given was November 4, 2018, or $100 per day plus admin fees. Property last inspected on December 28, 2018, violations had complied on that date when permit for roof was approved. 54 days of non-compliance with fines of $100 per day, plus administrative fees of $634.12, for a total of $6,034.12. Sabine Joseph, co-owner, appeared. Officer Hart stated he had met with owner after the September hearing and learned owner had been out of the country and was unaware of the violations. Upon learning of the violations work began and the roof was in process in December when the case was tabled for 30 days. Respondent's nephew lives on the property and received the notices but did not report to Ms. Joseph who was out of the country for two months. Ms. Zalman explained the repercussions for ignoring the violations. There was a misunderstanding as to the date of the hearing vs. compliance date; the process of applying for a lien reduction was also explained. Decision Based on the testimony, Ms. Zalman ordered the fine of $6,034.12 be certified. Lien Reduction Hearing Case No. 16-1263 Yaflag LLC Property Address: 1481 NW 2nd St Type of Property: Commercial Violation(s): CO CH 15 SEC 15-120D INCL Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 CO CH 10 SEC 10-56A and D 105.1 of Florida Building Code, 2014 Edition of Boynton Beach Amendments Remove outside storage, trash, and debris. Sod the yard. Trim overgrowth. Fix fascia boards and soffits. Obtain permits for the AC installation. Officer Guim presented the case. Notice of violation date August 4, 2016. The Magistrate hearing was on September 21, 2016, and no one appeared. Compliance date given was October 1, 2016, or $200 per day plus admin fees. Property last inspected on December 17, 2018, and was in compliance. 806 days of non-compliance with fines of $200 per day, plus administrative fees of $634.12, for a total of $161,834.12. Lee Yaffe, owner of LLC, noted this is a rental property and he takes responsibility for compliance issues. However, the notices got sent to the property address and the tenant did not notify Mr. Yaffe. Once aware of the issues through a lien search when attempting to sell the property in November, 2018, Code Enforcement was contacted and property was brought into compliance as quickly as possible. A landscape company was hired to do the weeding, etc. City recommended reduction to time violations were known, or 30 days at $200 per day ($6,000), plus administrative fees of $634.12. Decision Based on the testimony, Ms. Zalman reduced the fine to $6,634.12. Case No. 18-793 Allen Todd Property Address: 3455 Orange St Type of Property: Single-family, non -homesteaded Violation(s): CO CH 13 SEC 13-6 and 13-7 INCL CO CH 10 SEC 10-56D CO CH 10 SEC 10-52 Obtain a Business Tax Receipt and Certificate of Use and Occupancy for the rental property. Put house numbers on property. Remove inoperable vehicles from the property. Officer Guim presented the case. Notice of violation date March 30, 2018. The Magistrate hearing was on June 20, 2018, and no one appeared. Compliance date given was July 17, 2018, or $100 per day plus admin fees. Property last inspected on January 7, 2019, and was in compliance. 173 days of non-compliance with fines of $100 per day, plus administrative fees of $634.12, for a total of $17,934.12. Gary Richardson, real estate representative, presented affidavit to speak on behalf of owner. Mr. Richardson noted that Mr. Todd does not live at residence, it is being rented. The tenant is not the most compliant and did not forward the notices to the owner or the Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 bank. Mr. Todd found out about the violations through a title search in attempting to sell the home. Mr. Todd was already in the process of renovating the house in order to refinance it well before the notices were sent, including dry wall, plumbing, AC unit, and various other items to increase the value of the house. Tenant was in residence at the time of repairs. The house is currently under contract, due to close by end of month, and owner continues to make improvements such as exterior painting. Discussion ensued while City explained the process for compliance as well as for a lien reduction. City recommended a reduction to $1,500 plus administrative costs of $634.12. Decision Based on the testimony, Ms. Zalman reduced the fine to $2,134.12. Case Hearing Case No. 18-790 Mucale Lanthia Property Address: 1714 Banyan Creek Ct Type of Property: Single-family, non -homesteaded Violation(s): LDR CH 2 ART IV Sect 2.8.2 Obtain permit for structural repair to front entrance load- bearing second floor and around garage opening as stated in Red Tag issued by Robert Cody. Officer Hart presented the case, which was a City Department referral. Initial inspection date March 22, 2018. Initial notice was sent April 10, 2018 via courtesy notice. Ten days were given to comply. Date notice sent Certified Mail was November 20, 2018; green card signed December 6, 2018. Permits have yet to be applied for. Date last inspected January 15, 2019, all violations still exist. This is a health and safety hazard. City recommended 60 days from printed order for compliance, or $200 a day. Administrative costs $634.12. Mucale Lanthia, owner, stated she has been working with City since receiving the violation. The property is currently vacant; however, owner claims no money to do the repairs and that the inside of the house is worse than the violation. Ms. Lanthia has been trying to sell as -is and has communicated this to the City. There are difficulties with ex- husband taking a second mortgage, one prospective buyer has already pulled -out, and currently a short -sale is being investigated. Officer Hart said attempts have been made to find some assistance to help the respondent, but all have been unsuccessful. Red tape around the structure is the final resolution for the situation at this time. Decision Based on testimony, Ms. Zalman ordered 60 days from date of printed order at $200 a day, plus administrative costs of $634.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Case No. 18-608 RJ Simple Solutions LLC Property Address: 160 Flamingo Dr Type of Property: Single-family, non -homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-16 CO CH 15 SEC 15-120D INCL CO CH 15 SEC 15-120E INCL Install sod in bare area of yard. Remove outside storage. Apply for, pass inspection, and obtain a Certificate of Use and Occupancy. Paint exterior of house. Officer Guim presented the case, which was a routine inspection. Initial inspection date March 6, 2018. Date notice sent Certified Mail was December 3, 2018; green card was not received. Property was posted December 31, 2018. Outside storage and business license violations still exist, all others have complied. Date last inspected January 14, 2019. City recommended 10 days from printed order for compliance, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 10 -day compliance as stated on the Board Order, or $75 a day, plus administrative fees. Case No. 18-1395 RJ Simple Solutions LLC Property Address: 160 Flamingo Dr Type of Property: Single-family, non -homesteaded Violation(s): LDR CH 2 ART IV Sect 2.8.2 Obtain permits for the structural damage to exterior porch, per Red Tag from Building Department. Officer Guim presented the case, which was a City Department referral. Initial inspection date June 29, 2018. Date notice sent Certified Mail was December 3, 2018; green card was not received. Property was posted December 31, 2018. The structure was repaired, but permit was not obtained. Not a health and safety hazard. Date last inspected January 147 2019. City recommended 15 days from printed order for compliance, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 15 -day compliance as stated on the Board Order, or $75 a day, plus administrative fees. [Ms. Zalman called 5 minute recess.] Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Case No. 18-967 Alice McKeown Property Address: 3020 E Palm Dr 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 Apply for, pass inspection, and obtain a Certificate of Use and Occupancy. Put house numbers on building. Sod dead areas of yard. Officer Guim presented the case, which was a routine inspection. Initial inspection date April 3, 2018. Date notice sent Certified Mail was December 4, 2018; green card singed December 13, 2018. The sod and BTR violations still exist. Not a health and safety hazard. City recommended 10 days from printed order for compliance, or $75 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 10 -day compliance as stated on the Board Order, or $75 a day, plus administrative fees. Case No. 18-1964 Danreb Investments LLC Property Address: 431 NE 27th Ave Type of Property: Single-family, non -homesteaded Violation(s): CO CH 15 SEC 15-120 INCL CO CH 10 SEC 10-52 CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Remove or register all inoperable vehicles. Officer Karageorge presented the case, which was a routine inspection. This is not a repeat violator. Initial inspection date August 30, 2018. Initial notice verbally issued August 30, 2018. Fifteen days were given to comply. Property and City Hall were posted January 3, 2019, and by regular mail January 10, 2019. The BTR and COU have not been applied for; inoperable/unregistered vehicles have been removed. Date last inspected January 15, 2019. This is not a health and safety hazard. City recommended 15 days from printed order for compliance, or $50 a day. Administrative costs $634.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 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. 18-2115 Brito Investment Properties LLC Property Address: 1360 SW 27th Place Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Officer Scott presented the case. This case was only for a Business Tax Receipt. 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. 18-835 Robert & Angeline Romain Property Address: 1604 NW 3rd Lane Type of Property: Single-family 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 $75 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 $75 a day, plus administrative fees. Case No. 18-2039 Mark Brodzinski, et al. Property Address: 230 NE 26th Ave, Apt 402 Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The City recommended 20 days from printed order for compliance, or a fine of $75 per day, plus $634.12 administrative fees. Decision As no one appeared, Ms. Zalman ordered 20 -day compliance as stated on the Board Order, or $75 a day, plus administrative fees. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 Fine Certification Hearing Case No. 18-1149 Cerberus SFR Holdings II LP Property Address: 405 Gateway Blvd Type of Property: Single-family Violation(s): CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-58D CO CH 10 SEC 10-60B.3 Remove wood from windows. Install sod in bare areas of yard. Resurface floor in carport. Secure building permits for interior remodeling of kitchen and bathroom, room conversion in back of property, new AC unit installed, hot water tank, plumbing extension to rear of house. Remove or obtain permits for electrical outlet in carport. Construction debris on property must be removed. Officer Karageorge presented the case. Notice of Violation date May 7, 2018. Magistrate hearing was on August 15, 2018, respondent did appear. Compliance date November 22, 2018. Fine proposed by Magistrate was $75 a day, plus administrative fees. Wood has been removed from windows, but all other violations still exist. Number of days of non-compliance 56 days at $75 a day, plus administrative fees of $634.12, for a total of $4,834.12. Decision As no one appeared, Ms. Zalman certified the fine of $4,834.12. Case No. 18-1321 Zelma & Eldredge McGrady Property Address: 503 NW 9t" Ave Type of Property: Condominium Violation(s): CO CH 10 SEC 10-52 Officer Guillaume presented the case. Notice of Violation date April 20, 2018. Magistrate hearing was on November 21, 2018, respondent did not appear. Compliance date was 10 days from signing of Board Order or will be abated. The vehicle was removed January 15, 2019. City recommends no fine; however, administrative costs of $634.12 apply. Decision As no one appeared, Ms. Zalman certified the administrative costs of $634.12. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 16, 2019 III. CHANGES TO THE AGENDA Item Case No. Status 1 18-2668 Removed 30 days 5 18-1579 Complied 6 18-1612 Complied 7 18-1622 Removed 60 days 8 18-1726 Removed 30 days 9 17-2371 Complied 10 18-972 Removed 30 days 11 18-1602 Removed 30 days 12 18-1689 Complied 13 18-2359 Removed 30 days 14 18-2395 Complied 15 18-1816 Complied 17 18-2156 Removed 30 days 19 18-1508 Removed 30 days 21 18-380 Complied 24 18-1748 Removed 60 days 25 18-2239 Removed No Service 26 18-2366 Complied 27 18-2429 Complied 28 18-2484 Closed 30 18-1277 Complied 32 18-2488 Complied 37 18-452 Closed Change of Ownership V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:30 a.m. [Written by M. Moore, Prototype Inc.] Page 12