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Minutes 03-20-19MINUTES 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, MARCH 20, 2019, AT 9 A.M. PRESENT: Hilary Zalman, Community Standards Special Magistrate Mark Woods, Community Standards Director Norma Loth, Community Standards Associate I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:10 a.m. and explained the magistrate's role and the hearing procedures. Pursuant to Florida Statute, all orders are appealable 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. 17-2362 Property Address: Type of Property: Violation(s): Inlet Harbor Club Condo Assoc 2424 N Federal Hwy Multi -family CO CH 15 SEC 15-120(B)(1) CO CH 10 SEC 10-56(A) CO CH 10 SEC 10-58(G) Remove debris on property. Address drainage problem. Officer Guim presented the case, and requested additional time for compliance. Reasons: new board, new property managers, new civil engineer, new crew to bring property into compliance. City recommends 90 extension. Antoine Jefferson and Riley Cooney, board members, explained the situation behind the delay with a total change in management, engineer, and contractors. The Board is Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 awaiting new engineer studies and application for the permits in order to go ahead to complete the project. Decision Based on the testimony, Ms. Zalman amended the order for an additional 90 -days to bring into compliance; after that, a fine will start to accrue at $100 per day. Administrative fees will be assessed. Lien Reduction Hearing Case No. 09-2547 Martha Osorio & Edward Gonzalez Property Address: 1703 Meadows Cir W Type of Property: Multi -family Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Notice of violation date July 31, 2009. The Magistrate hearing was on January 20, 2010, and no one appeared. Compliance date given was February 4, 2010, or $50 per day plus admin fees. Date complied April 20, 2018. 2,996 days of non-compliance with fines of $50 per day, plus administrative fees of $730.15, for a total of $150,730.15. Owner of property has complied for lien reduction. John Diaz, nephew of owner, presented an affidavit to testify. It was explained that at the time an Association took care of the property, the association went ahead and rented the unit without the owner's knowledge. A couple of years ago, the owner got the property back and that was when bringing the property up to code began. [bulk of testimony unintelligible] The property is currently vacant and is under contract for sale at $90,000. [Item was tabled momentarily while respondent obtained necessary information.] Mr. Diaz returned, stating the Association had taken over in 2009 and the owners regained the property in mid -2016. City recommended $5,000 plus administrative fees of $730.15. Because this is an income property, the request to further reduce the fine was denied. Decision Based on the testimony, Ms. Zalman reduced the fine to $5,730.15. Case No. 17-56 IH6 Property Florida LP Property Address: 2512 SW 4t" St Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Officer Guim presented the case. Notice of violation date January 13, 2017. The Magistrate hearing was on March 15, 2017, and no one appeared. Compliance date given was April 4, 2017, or $100 per day plus admin fees. Date complied April 19, 2018. 379 days of non-compliance with fines of $100 per day, plus administrative fees of $730.15, for a total of $38,630.15. Owner of property has complied for lien reduction. Julie Hynds, authorized agent for owner, presented an authorization of agent to testify. There was a change of personnel during the time the work was completed resulting in the follow-up inspection never being scheduled. Eventually, the inspection was completed. City recommended $3,500 plus admin fees of $730.15. Decision Based on the testimony, Ms. Zalman reduced the fine to $4,230.15. Case No. 17-38 2015 3 IH2 Borrower LP Property Address: 1020 NW 8t" St Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Notice of violation date January 25, 2017. The Magistrate hearing was on June 21, 2017, and Linda Vega appeared. Compliance date given was July 26, 2017, or $200 per day plus admin fees. There was a transfer of ownership in June 2018, the new owner is 2018 3 IH Borrower LP. Date complied February 12, 2019. 600 days of non-compliance with fines of $200 per day, plus administrative fees of $730.15, fora total of $120,730.15. Owner of property has complied for lien reduction. Julie Hynds, authorized agent for owner, presented an authorization of agent to testify. Background presented was for the landlord license, which failed in 2017 for the items in the Notice of Violations. Work orders were issued for necessary work; however, the resident claimed there were no issues and cancelled the work orders. No one in management caught this and it went on for some time unresolved. There were also issues with the electrical panel necessitating it being moved, which was done with great difficulty. Ms. Zalman stressed that there are laws that enable the owners to take action to make tenants comply; none of these legal remedies were enforced, especially due to safety issues with the electrical box. The property is valued at $195,000. City recommended $10,000, plus admin fees of $730.15. Decision Based on the testimony, Ms. Zalman reduced the fine to $10,730.15. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Case No. 17-2450 2015 3 IH2 Borrower LP Property Address: 729 Ocean Inlet Dr Type of Property: Single-family, non -homesteaded Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Notice of violation date December 18, 2017. The Magistrate hearing was on March 21, 2018, and respondent appeared. Compliance date given was June 4, 2018, or $200 per day plus admin fees. Date complied October 24, 2018. 140 days of non-compliance with fines of $200 per day, plus administrative fees of $634.12, for a total of $28,634.12. Owner of property has complied for lien reduction. Julie Hynds, authorized agent for owner, presented an authorization of agent to testify. Ms. Zalman wondered why, when the representative attended the original hearing, the property was not brought into compliance. Ms. Hynds read the notes from the previous representative into the record, noting a complicated interaction with FPL to remove a large ficus tree, and coordination problems with re -inspections after tree was eventually removed. City recommended $2,500, plus admin fees of $634.12. Ms. Zalman reduced it to $2,820.00, stressing to Ms. Hynds that the owner should address issues, especially where safety is involved, as quickly as possible. Decision Based on the testimony, Ms. Zalman reduced the fine to $3,454.12. Case Hearing Case No. 18-2739 Felix Marquez Property Address: 218 SW 6t" St Type of Property: Single Family Violation(s): CO CH 14 SEC 14-3 LDR CH 2 ART IV SEC 2(A)2 No permit for new driveway. Remove oversized vehicle on property. Officer Weixler presented the case, stating he had spoken with the respondent the day prior regarding parking of an oversized vehicle. One of the two violations remains, which is a permit for a driveway that has already been installed. City recommends removing the case for 60 days. Ms. Marquez, owner, appeared and the violations and extension were explained to her. Decision Based on testimony, Ms. Zalman ordered 60 days extension from date of printed order. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Case No. 18-1846 Exsorro One Inc Property Address: 415 SE 5th Ave Type of Property: Single-family, non -homesteaded Violation(s): As noted in the notice of violation. Officer Weixler presented the case, asking that it be removed for 30 days. Decision Based on testimony, Ms. Zalman ordered 30 day extension from date of printed order. Case No. 18-2413 Julia Robinson Property Address: 215 NE 21St Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the notice of violation Officer Karageorge presented the case, which was a routine inspection. Initial inspection date October 11, 2018. Not a repeat offender. Initial verbal notice was October 11, 2018. Thirty days were given to comply. Certified mail was sent February 5, 2019. Date notice posted on property and at City Hall was March 7, 2019. Outside storage, trash, and debris have been removed; sod is still needed in bare spots in yard and swale. City recommended 30 days from printed order for compliance, or $25 a day. Administrative costs $634.12. Decision As no one appeared, Ms. Zalman ordered 30 -day compliance as stated on the Board Order, or $25 a day, plus administrative fees. Case No. 18-1407 Luis Enriquez Property Address: 218 SE 25th Ave Type of Property: Single-family Violation(s): As noted in the Notice of Violation Officer Hart presented the case. This is not a repeat violator. City recommended 30 days from printed order for compliance, or $50 a day. Administrative costs $634.12. 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 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Case No. 18-2082 Marie M and Riguad Alsume Property Address: 1184 SW 27th Place Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Hart presented the case. All violations still exist. 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. 18-3140 Anne F Marcelus Property Address: 171 SE 30th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart 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. Request to abate the vehicle via towing or a fine of$50 per day. Decision As no one appeared, Ms. Zalman ordered 10-day compliance as stated on the Board Order, or $50 a day, plus administrative fees, and order to abate the vehicle via towing. Case No. 18-2563 Laina & Leon Feinstein Property Address: 510 SW 1St St Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Only violations still existing is the BTR and window screens; other violations responsibility of the HOA. 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 30-day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Case No. 18-2681 Third Temple 3 LLC Property Address: 608 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. The BTR and COU have not been resolved; other violations responsibility of the HOA. 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 30-day compliance as stated on the Board Order, or $50 a day, plus administrative fees. Case No. 18-3096 Carla P Blue Property Address: 1291 SW 28th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Respondent appeared with proof of vehicle registration; the City recommends to remove 30 days from printed order to confirm. Decision Ms. Zalman ordered the case be removed 30 days. Case No. 18-3226 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 30 days from printed order for compliance and abate the graffiti, 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, and abate the graffiti, or$100 a day, plus administrative fees. Case No. 18-2690 Methode LaFay LLC Property Address: 322 NE 15th Court Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Officer Guim presented the case. The sod violation has complied, but the BTR still exists. The City recommended 30 days from printed order for compliance, or a fine of $25 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 $25 a day, plus administrative fees. Fine Certification Hearing Case No. 18-608 RJ Simple Solutions LLC Property Address: 160 Flamingo Dr Type of Property: Single family, 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 15 SEC 15-120E INCL Apply for and pass inspection for a Certificate of Use and Occupancy. Remove outside storage and paint exterior of the building. Officer Spence 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 10, 2019, or$75 per day plus admin fees. Property last inspected on March 9, 2019, only violation still exist is the BTR/COU. 10 days of non-compliance with fines of$75 per day, plus administrative fees of$634.12, for a total of$1,384.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,384.12. Case No. 18-967 Alice McKeown Property Address: 3020 E Palm Dr Type of Property: Single family, homesteaded Violation(s): CO CH 13 SEC 13-8 INCL CO CH 13 SEC 13-16 CO CH 15 SEC 15-120D INCL CO CH 10 SEC 10-56D Install 4" house numbers on front of building to be visible from City street. Install sod in all dead areas of the yard, including the swale. Apply for and pass inspection for COU. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Officer Spence presented the case. Notice of violation date April 3, 2018. The Magistrate hearing was on January 16, 2019, no one appeared. Compliance date given was February 12, 2019, or $75 per day plus admin fees. Property last inspected on February 26, 2019, and all violations complied. 13 days of non-compliance with fines of $75 per day, plus administrative fees of$634.12, for a total of$1,009.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,009.12. Case No. 18-2362 Carline Saint Felix Property Address: 2930 SE 2nd St Type of Property: Multi-family 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, trash, and debris. Sod/fertilize bare area of yard and swale. Renew and pass inspection for COU. Obtain BTR. Officer Hart presented the case. Notice of violation date May 25, 2018. The Magistrate hearing was on September 19, 2018, and Caroline Saint Felix appeared. Compliance date given was January 3, 2019, or$100 per day plus admin fees. Property last inspected on March 19, 2019, all violations still exist. 77 days of non-compliance with fines of$100 per day, plus administrative fees of$634.12, for a total of$8,334.12. Decision As no one appeared, Ms. Zalman certified the fine of$8,334.12. Case No. 16-913 Katherine Bradley Property Address: 128 SW 11th Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D1 CO CH 10 SEC 10-56D Remove tarp from roof, permits may be required. Remove all outside storage, trash, and debris. Repair and paint all deteriorated soffit and fascia. Officer Hart presented the case. Notice of violation date May 16, 2016. The Magistrate hearing was on July 20, 2016, and no one appeared. Compliance date given was September 18, 2016, or$100 per day plus admin fees. Property last inspected on March Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 19, 2019, all violations still exist. Fine as of this date is $91,400 days of non-compliance, plus administrative fees of$634.12, for a total of$92,034.12. (Owner has cancer.) Decision As no one appeared, Ms. Zalman certified the fine of$92,034.12. Case No. 18-1924 Vanessa Hernandez Property Address: 123 Harbors Way Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 10 SEC 10-56B Apply for, pass inspection, and obtain BTR and COU. Repair water damage to exterior of property. Officer Guim presented the case. Notice of violation date September 10, 2018. The Magistrate hearing was on December 19, 2018, and no one appeared. Compliance date given was January 28, 2019, or $75 per day plus admin fees. No communication with tenant; water damage has complied per HOA; BTR violation still exists. 50 days of non- compliance with fines of $75 per day, plus administrative fees of $634.12, for a total of $4,384.12. Decision As no one appeared, Ms. Zalman certified the fine of$4,384.12. III. CHANGES TO THE AGENDA Item Case No. Status 1 19-194 Complied 2 19-242 Complied 3 19-177 Complied 4 18-223 Removed 30 days 5 18-1846 Removed 30 days 6 18-1877 Removed 30 days 7 18-2668 Removed 60 days 8 18-2739 Removed 60 days 9 18-2950 Removed 30 days 10 18-3210 Removed 30 days 11 19-20 Removed 60 days 12 19-68 Complied 13 19-163 Complied 14 18-2769 Complied Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida March 20, 2019 Item Case No. Status 15 19-365 Complied 16 18-136 Removed 30 days 17 18-1589 Removed 30 days 18 18-2693 Removed 30 days 19 18-2709 Complied 20 18-1936 Removed 60 days 21 18-2340 Complied 22 18-2384 Removed indefinitely for further investigation 24 18-2435 Complied 25 18-2581 Removed 30 days 26 18-3013 Closed, change of ownership 29 18-2298 Removed, no service 30 18-2332 Closed 31 18-2736 Removed 30 days 33 18-3145 Closed 34 18-710 Removed 30 days 35 18-1956 Complied 36 18-2231 Removed 30 days 37 18-2561 Removed 30 days 40 18-2724 Removed 30 days 41 18-2937 Removed 60 days 43 18-3200 Removed 30 days 45 18-2188 Complied 46 18-2195 Complied 47 18-2426 Removed 60 days 48 18-2611 Complied 49 18-2614 Removed 30 days 51 18-3005 Removed 30 days 56 18-574 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:37 a.m. [Written by M. Moore, Prototype Inc.] Page 11