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Minutes 09-18-19 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, SEPTEMBER 18, 2019, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Community Standards Director 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 9:04 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. INTRODUCTION AND SWEARING IN OF WITNESSES Ms. Loth administered an oath to all those intending to testify. ROLL CALL IV. NEW BUSINESS Case Hearing Case No. 19-2150 Equity One Florida Portfolio Property Address: 147 N Congress Ave Type of Property: Commercial Violation(s): CO CH9 ARTICLE 1 SECT 9-16 John Moore, Fire Inspector, presented the case. This is not a repeat violator. Not a health and safety hazard. Violation is unpaid fire inspection fees. City recommends five days with a recommended fine of$25 per day with $100 administrative fees. Decision Based on testimony and as no one appeared, Ms. Zalman Ms. Zalman ordered compliance date of September 23, 2019, or $25 a day fines assessed and administrative fee of$100. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Fine Certification Hearing Case No. 19-1145 Oakwood Square Property Address: 320 N Congress Ave Type of Property: Commercial Violation(s): CO CH9 ARTICLE 2 SECT 9-22C John Moore, Fire Inspector, presented the case. Notice of violation May 31, 2019. Original Magistrate Hearing July 17, 2019. Respondent did not appear. Compliance date July 31, 2019. Fine proposed was $50 per day plus $100 administrative fees. The violation still exists. Forty-nine days of non-compliance at $50 per day or $2,450 plus $100 administrative fees, for a total of$2,550. Respondent is not present. Decision As no one appeared, Ms. Zalman certified the fine of$2,550, including administrative fee. Case No. 19-1147 Oakwood Square Property Address: 320 N Congress Ave Type of Property: Commercial Violation(s): CO CH9 ARTICLE 1 SECT 9-16 John Moore, Fire Inspector, presented the case. Notice of violation May 31, 2019. Original Magistrate Hearing July 17, 2019. Respondent did not appear. Compliance date July 31, 2019. Fine proposed was $25 per day plus $100 administrative fees. The property complied August 16, 2019. Fifteen days of non-compliance at $25 per day or $375 plus $100 administrative fees, for a total of$475. Respondent is not present. Decision As no one appeared, Ms. Zalman certified the fine of$475, including administrative fee. Case Hearing Case No. 17-2584 Michael Hanlon Property Address: 2385 SW 13th Way Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120E INCL Repair/replace roof on back of home to prevent water intrusion. Permits may be required. Officer Hart, presented the case, which was a citizen complaint. Initial inspection date December 21, 2017. This is not a repeat violator. Initial verbal notice issued December 21, 2017. Thirty days given to bring the property into compliance. Notice sent Certified Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Mail July 25, 2019; signed green card dated August 6, 2019. Roof is still in disrepair. Many agencies, including Habitat for Humanity, were contacted but work needed was prohibitive. Property last inspected September 17, 2019. This is a health and safety hazard. City recommended property to be in compliance by December 18, 2019, or$100 a day assessed, plus administrative fee of$634.12. Michael Hanlon, owner, stated the company Habitat for Humanity brought in volunteered labor and materials, putting up a used tarp on the roof. Most of it has been torn up. Mr. Hanlon bought a new tarp two weeks prior. However, the contractor that showed up tore all the tiles off the roofs before deciding the repairs were too extensive and withdrew. Mr. Hanlon is busy attempting to make the inside repairs on his own and understands a professional will be needed for the permits and to finish the roofing. Two estimates have been received, both of whom work with the Ygrene program. Officer Hart has agreed to work with respondent on the Ygrene program and recommended tabling 90 days. Decision Based on testimony, Ms. Zalman ordered the case be tabled to December 18, 2019. Case No. 19-1148 Duke PGC at Quantum 1 9 LLC Property Address: 2027 High Ridge Rd Type of Property: Commercial Violation(s): LDR CH 4 ART 4 SEC 3 INCL Remove all prohibitive signs for being held off premise. Officer Hart, presented the case, which was a citizen complaint. Initial inspection date February 19, 2019. Initial verbal notice issued February 19, 2019. Five days given to bring the property into compliance. Notice sent Certified Mail July 25, 2019; signed green card dated August 6, 2019. The sign holders are still on premise. The business that holds the sign buys used vehicles; complaints are received from CarMax that the signs actually stand on the right of way of the CarMax property. Property last inspected September 17, 2019. City recommended 5 days for property to be in compliance or October 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Michael Marshall, attorney (represents CarDrop, tenant of property owned by Duke, owner), gave a nine-year history before the recent violation, submitting the sign code has not covered/regulated this activity until only recently in re: Liberty Tax Service. Ms. Zalman reviewed the LDR language and discussed the four prongs of the test to apply this regulation with Mr. Marshall; the argument of freedom of speech is outside Ms. Zalman's purview. Mr. Marshall claimed this case is before the magistrate because of a complaint from a competitor and the regulation is not being enforced in other cases of wavers in Boynton Beach. However, the focus of this case is the violation of the regulation at hand, e.g., the blue sign with printing being held by the waver. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Decision Based on testimony, Ms. Zalman ordered compliance date of October 1, 2019, or $50 a day fines assessed and administrative fee of$634.12. Case No. 19-1177 Gary F Gladden Property Address: 114 NE 13th Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Obtain Business Tax Receipt and Certificate of Use for catering business/food truck. Officer Hart, presented the case, which was a routine inspection. Initial inspection date June 1, 2019. Initial courtesy notice issued July 1, 2019. Ten days given to bring the property into compliance. Notice sent Certified Mail August 26, 2019; signed green card dated September 4, 2019. The large catering truck has been sold, but replaced by an ice cream truck. A BTR and COU have not been applied for or obtained for 2019. Property last inspected September 17, 2019. City recommended 10 days for property to be in compliance or October 1, 2019, or $50 a day assessed, plus administrative fee of $634.12. Gary Gladden, owner, stated the process of getting the BTR and COU is under way, claiming that nothing is being sold at the moment. Officer Hart had copy of expired vending license from 2018 (for the big truck); the current, smaller truck is not an issue being parked in the driveway. Decision Based on testimony, Ms. Zalman ordered the case be tabled to October 16, 2019. Fine Certification Hearing Case No. 18-3036 Rivera Indarte LLC Property Address: 609 SW 1St Court Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case. Notice of violation date January 23, 2019. The Magistrate hearing was on June 19, 2019, respondent did not appear. Compliance date given was July 10, 2019, or $25 per day plus administrative fee. Property last inspected Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 on September 17, 2019, violations still exist. (Related case 18-3037.) Water heater permit applied for after initial hearing, permits still in Plans Check until October 13, 2019. Alejandro Sixto, counsel for property owner, stated the case was tabled at the last hearing to allow for filing of paperwork, which is expected in October. Decision Based on testimony, Ms. Zalman certified the fine of$25 for one day, plus administrative fee of$634.12 already applied. Case No. 18-3037 Rivera Indarte LLC Property Address: 611 SW 1St Court Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case. Notice of violation date January 23, 2019. The Magistrate hearing was on June 19, 2019, respondent did not appear. Compliance date given was July 10, 2019, or $25 per day plus administrative fee. Property last inspected on September 17, 2019, violations still exist. (Related cased 18-3036.) Water heater permit applied for after initial hearing, permits still in Plans Check until October 13, 2019. Alejandro Sixto, counsel for property owner, stated the case was tabled at the last hearing to allow for filing of paperwork, which is expected in October. Decision Based on testimony, Ms. Zalman certified the administrative fee of $634.12 already applied. Lien Reduction Hearing Case No. 09-2071 Abraham Cowrie Property Address: 3150 Orange St 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 June 29, 2009. The Magistrate hearing was on August 19, 2009, no one appeared. Compliance date given was August 29, 2009, or $50 per day plus administrative fee. Date complied September 25, 2009. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 The property has 26 days of non-compliance with fines of $50 per day in fines and administrative fee of$730.15, for a total of$2,030.12. (Related Case 14-1553.) Maximo Oreolo, owner, stated he is the new owner, having purchased the property in December 2018. The property was purchased for rental purposes; however, he was unaware at the time that this property was scheduled for demolition, so right away after purchasing he sought permits to do renovations (December/January). Mr. Oreolo asked for a reduction as he has put a lot of work and money into the property. City recommended 10% lien reduction, keeping in mind the related case that carries a much larger lien. Decision Based on the testimony, Ms. Zalman reduced the lien to $860.15, including the administrative fee. Case No. 14-1553 Abraham Cowrie Property Address: 3150 Orange St 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 July 1, 2014. The Magistrate hearing was on August 20, 2014, no one appeared. Compliance date given was August 237 2009, or $300 per day plus administrative fee. Date complied August 27, 2019. The property has 1,828 days of non-compliance with fines of $300 per day in fines and administrative fee of$730.15, for a total of$549,130.15. (Related Case 14-1553.) Maximo Oreolo, owner, stated he was not aware of the very large lien at the time of the purchase. Over $132,000 was spent to repair the foundation, new windows, new floors, new AC system, all electrical and plumbing, basically built a new house. The house is currently not occupied. Value of the property is estimated at $220,000. Normally, his business is to buy, refurbish, and rent; however, this property is a negative investment, so will probably sell. City recommended starting at 10% lien reduction; Ms. Zalman reduced to 6.5% considering all that was spent on the property's renovations, and waived the $730.15 administrative fees as already paid in the related case, for $35,665.50. Mr. Oreolo pleaded that the property is the nicest on the block, improving the neighborhood, and will most likely only break even in a sale; a greater reduction was asked. Officer Pierre reconsidered and recommended $20,000. Decision Based on the testimony, Ms. Zalman reduced the lien to $20,000. (Case is reheard at end of meeting, see page 11 below.) Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Case No. 12-1428 T Legenos & Shawn Maesel Property Address: 1 Renaissance Way Unit 112 Type of Property: Condominium, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 27, 2012. The Magistrate hearing was on September 19, 2012, and no one appeared. Compliance date given was October 4, 2012, or $250 per day plus administrative fee. Date complied August 16, 2019. The property has 2,506 days of non-compliance with fines of $250 per day, plus administrative fee of$730.15, for a total of$627,230.15. Owner of property has complied for lien reduction. Tracy Legenos, owner, stated the property was purchased in 2012 and was married at the time. The title is still in her ex-husband's name but the mortgage is in her name. As part of the 2015 divorce, the property was supposed to be sold so that there would no longer be a mortgage. For three years she was told the property was in the process of being sold, before realizing legal counsel was needed and discovering at that time that the lien was there. As soon as it was learned, she worked to comply and complimented the City Staff for their help. The property is currently vacant, though ex-husband had brought in the most recent tenant, and other tenants during the time in question. No repairs needed to be made, it just needed to be inspected. Ms. Zalman took into consideration that there were no health and safety issues, the property was not in disrepair for years; however, there should have been licenses for rental, even though the periods were very short. Ms. Legenos asked for a reduction since the value of the property (market) is currently at a loss, perhaps $5,000. Officer Pierre recommended $2,000. Decision Based on the testimony, Ms. Zalman reduced the lien to $2,730.15, including the administrative fee. Case No. 13-339 Tarpon IV LLC Property Address: 1815 Meadows Circle West Type of Property: Condominium, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date March 6, 2013. The Magistrate hearing was on May 15, 2013, and no one appeared. Compliance date given was May 257 2013, or$500 per day plus administrative fee. Date complied February 28, 2019. The property has 2,104 days of non-compliance with fines of$500 per day fine assessed and administrative cost of $730.15, for a total of $1,052,730.15. Owner of property has complied for lien reduction. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Romin Currier, attorney for Meadows on the Green, current property owners, stated when the fines began to accrue, Tarpon quit claimed the property to another entity, at which point some type of mortgage was issued to a third entity, followed by an attempted foreclosure. That process resulted in trying to foreclose of Meadows Lane, which prompted a cross-foreclosure action for failure to pay the outstanding maintenance fees. Meadows on the Green was awarded the foreclosure action and was able to acquire the property at auction in late 2017. $62,826.59 was paid to acquire the property, followed by the process to get clear title. A buyer was located, at which time the lien was discovered and it was learned the lien was due to work inside the unit without permits. The entire interior was renovated with appropriate contractors and permits, keeping the City apprised during the process to get to the lien reduction. Post foreclosure, $66,117.34 were paid for repairs and carrying costs for not being able to collect $195 in maintenance fees, etc. The entire cost of the process was $128,943.93, this unit typically sells for $85,000 to $100,000 in today's market. This is workforce housing, lower-middle class properties in the neighborhood. The property was never an eye-sore, nor was it a health and safety issue; once the property was under control of the current owner, immediate steps were taken to come to compliance. (Mold was discovered during the construction process and remediated.) Mr. Currier is working on a pro bono basis due to the association's financial situation (current homeowners would have to have a special assessment to pay the lien in this case) and asks for the City's consideration. Ms. Zalman noted, for the record, the before and after pictures as evidence of the remodel and coming into compliance. Mr. Currier asked to pay costs so as to get the property sold and the Association can recoup their loss and move on; trying to avoid having to further assess a work-force community to cover this loss. Decision Based on the testimony, Ms. Zalman reduced the lien to $3,000.00, including the administrative fee. Case No. 13-2239 Aaron Clay & Alfred Dort Property Address: 310 Ocean Parkway 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 October 9, 2013. The Magistrate hearing was on November 20, 2013, and Alfred Dort appeared. Compliance date given was December 20, 2013, or $100 per day plus administrative fee. Date complied July 31, 2019. The property has 2,048 days of non-compliance with fines of $100 per day fine assessed and administrative cost of$730.15, fora total of$205,530.15. Owner of property has complied for lien reduction. Charles Frederick, current owner, stated the property was purchased November 2018 through quit claim and was not aware of liens on property until under contract for sale Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 after having rehabbed the property. This was an investment property, but was uninhabited until the family who was under contract to purchase (since April) moved in as they had to vacate previous property. The amount spent on the rehab for landscaping and interior improvements was approximately $50,000. Property has appraised at $253,000, outside of City liens there are other liens from child support of previous owners. Officer Pierre recommended 5% lien reduction. Decision Based on the testimony, Ms. Zalman reduced the lien to $8,192.00, including the administrative fee. [Ms. Zalman called for a 5 minute recess.] Case No. 14-647 MF Associates Commerce Park LL Property Address: 2901 Commerce Park Dr Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date March 24, 2014. The Magistrate hearing was on May 21, 2014, and no one appeared. Compliance date given was June 5, 2014, or $100 per day plus administrative fee. Date complied January 13, 2016. The property has 586 days of non-compliance with fines of $100 per day fine assessed and administrative cost of$730.15, for a total of$59,330.15. Owner of property has complied for lien reduction. (See related Case No. 17-1513.) Steven Sarrell, attorney for owners, stated the property was purchased from a foreclosure, 20,000 square foot, two-level commercial property. After purchase in June 2013, it was learned that the 2nd story mezzanine permit was not properly done to code, permanently reducing the usable floor space to 10,000 square feet. Purchase price was $900,000; invoices and estimates for $400,000 for remodeling the entire building to remove the mezzanine. No income was received for property while under construction, June 2013 thru January 13, 2016. Mr. Sarrell offered 5% of the lien amount, considering the decreased value of the property and the amount of improvements put into it. Decision Based on the testimony, Ms. Zalman reduced the lien to $3,660.15, including the administrative fee. Case No. 17-1513 MF Associates Commerce Park LL Property Address: 2901 Commerce Park Dr Type of Property: Commercial Violation(s): As noted in the Notice of Violations Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Officer Pierre presented the case. Notice of violation date August 4, 2017. The Magistrate hearing was on January 17, 2018, and no one appeared. Compliance date given was February 18, 2018, or $50 per day plus administrative fee, with two orders. Date complied for Order One: January 20, 2018; date complied for Order Two: May 30, 2019. The property has 82 days of non-compliance for Order One and 182 days of non- compliance for Order Two with fines at $50 per day fine assessed and administrative cost of $730.15, for a total of $14,280.15. Owner of property has complied for lien reduction. (See related Case No. 14-647.) Steven Sarrell, attorney for owners, stated the issue with these violations was that the property is an association type. The association was supposed to correct the parking area violations, which was agreed upon but never completed. The respondents ended up doing the work out of their own pocket. The dumpster issue was similar, in that the tenant did not comply and the respondent fixed the enclosure for the dumpster. Ms. Zalman assumed the respondent has a cause of action against the tenant and/or the association for whatever costs are incurred today; however, the tenant is no longer in business. Abby Stern, owner, spoke about the association failing to renew the association documents as required to be done every 30 years, the association was falling apart, and believes there is a separate lien against the association as well. Wishing to not wait for the association to resolve this issue, the respondent moved ahead to come into compliance. Mr. Sarrell offered a 5% reduction; City did not recommend a reduction, as work was done without permits; Mr. Sarrell believes that the work done was permitted, but that the permitting process also caused delays. Discussion and deliberation ensued. Decision Based on the testimony, Ms. Zalman reduced the lien for both orders in this case to $5,730.15, including the administrative fee. Case No. 15-525 HSBC Bank USA NA Property Address: 2612 SW 23rd Cranbrook Dr Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date March 11, 2015. The Magistrate hearing was on May 20, 2015, and no one appeared. Compliance date given was August 4, 2015, or $100 per day plus administrative fee. Date complied August 12, 2019. The property has 1,529 days of non-compliance with fines at $100 per day fine assessed and administrative cost of $730.15, for a total of $153,630.15. Owner of property has complied for lien reduction. Sean Winters, new owner, stated the property was purchased on April 20, 2015, noting there weren't any liens at that time, but that the liens started with court date soon after that. Mr. Winters did not receive any certified letters or anything from HSBC. The Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 property now has a new roof, garage door, total landscaping, bathrooms, painting inside and out, etc. Property had been vacant for five years; before and after photos were presented to Ms. Zalman. Mr. Winters added that impact windows are now being permitted. Ms. Zalman ascertained that the original violations stem from an expired permit for a French door and windows. Mr. Winters said that had he known at the time, when he did find out it literally took him three days to rectify the problem. City recommended that since this is a homesteaded property and the work done for compliance has been done well, an offer from the owner would be entertained. Ms. Zalman countered with a three-day fine at $100 a day. Decision Based on the testimony, Ms. Zalman reduced the lien to $300.00, administrative fees waived. Hearing Recall — Lien Reduction Case No. 14-1553 Abraham Cowrie Property Address: 3150 Orange St Type of Property: Single-family Violation(s): As noted in the Notice of Violations Adam Temple, Community Standards Director, added that he had not realized at the time of the hearing earlier in these proceedings that he had conversation earlier in the week with the Deputy Building Official who commended the property owner on an expeditious repair in bringing it into compliance; a year had been given by the Construction Board and it was done a few months ahead of schedule. In light of this, Ms. Zalman was asked to reconsider and accept the$10,000 proffered by the property owner. Ms. Zalman added that the work on the property is beautiful, wished that the lien could have been zero, but encouraged Mr. Oreolo to continue to buy and build in Boynton Beach. Decision Based on the new evidence, Ms. Zalman further reduced the lien to $9,500. Case Hearing Case No. 19-1562 Kathy Schradin Property Address: 1314 SE 3rd St 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 a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Officer Torres, presented the case, which was a citizen complaint. As of September 17, 2019, a BTR/COU has not been applied for. This is not a health or safety issue, nor a hurricane hazard. The City recommended property to be in compliance by October 3, 2019, or $25 a day fine assessed and an administrative cost of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance October 15, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1359 Anthony Bonamy Property Address: 111 NW 5t" Ave Type of Property: Single-family, homesteaded Violation(s): As stated in the Notice of Violation Officer Guillaume, presented the case, which was a citizen complaint. The City recommended property to be in compliance by October 10, 2019, or $25 a day fine assessed and an administrative cost of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance October 15, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2485 Padma Rental Holdings LLC Property Address: 105 SW 5t" Ave Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120B.2 INCL CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 10 SEC 10-56B Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Repair deteriorated driveway (has been repaired). Sod all bare areas of right of way (in progress, though not sodded). Repair or remove white fence in front of property (has been done). Officer Hart, presented the case. The initial notice was sent October 22, 2018, via courtesy notice. Thirty days were given to comply. Notice posted on property and at City Hall on September 6, 2019. The BTR and COU have not been obtained, inspection has not been performed. Date property last inspected was September 17, 2019. The City recommended property to be in compliance by October 10, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Decision As no one appeared, Ms. Zalman ordered compliance by October 15, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-298 Cerberus SFR Holdings II LP Property Address: 2105 NE 3rd St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Karageorge, presented the case, which was a routine inspection. The initial inspection was February 6, 2019. Not a repeat violator. Initial notice was February 6, 2019, via door hanger. Thirty days were given to comply. Proof of service sent by Certified Mail August 27, 2019, signed green card was dated September 3, 2019. COU inspection failed due to not having permit for AC changeout. Date property last inspected was September 17, 2019, permit has not yet been obtained. There have been multiple conversations and promises are not met. The respondent was aware of today's hearing. The City recommended property to be in compliance by October 14, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by October 15, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1911 104 NW 5t" Ave Land Trust Property Address: 104 NW 5t" Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-56D Secure vacant property. Officer Hart, presented the case. Notice posted on property and at City Hall on September 6, 2019. The property was not secured in time and has since burned down. This is a health and safety hazard. The City recommended property to be in compliance by October 1, 2019, or $500 a day fine assessed and an administrative fee of $634.12. The City has begun the formal process of notifying the owner and getting bids to demolish the property. There is still an outbuilding in the back where there have been squatters. Decision As no one appeared, Ms. Zalman ordered compliance by October 4, 2019, or $500 a day in fines assessed and an administrative fee of$634.12. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 Case No. 18-1082 Minimax Investor LLC Property Address: 1 Crossings Circle Unit F Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Guim, presented the case, which was a City interdepartmental referral. The initial inspection was April 25, 2018. The property was cited to obtain a BTR and to secure a building permit for decking installed in first floor without permits. The BTR violation still exists, the deck permit was obtained. This is not a health and safety hazard. The City recommended property to be in compliance by October 17, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by October 17, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-21 Francis M Mulvey Est Property Address: 337 NE 14th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Guim, presented the case, and asked that the case be removed 90 days as the owner has died and the family is attempting to obtain the property through legal process. Decision As no one appeared, Ms. Zalman ordered the case be removed 90 days. Fine Certification Hearing Case No. 19-533 AEC Property Holdings LLC Property Address: 417 N Federal Hwy Type of Property: Single-family, non-homesteaded 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 window may be covered by signs; remove the signs. Officer Hart presented the case. Notice of violation was May 6, 2019. The Magistrate hearing was on July 17, 2019, no one appeared. Compliance date given was August 7, 2019, or $25 per day fine assessed and administrative fee of $634.12. Last inspected September 17, 2019, and violations still exist. There are 64 days of non-compliance, and Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 18, 2019 administrative fee of $634.12, for a total of $2,234.12. Fine continues to accrue at $25 per day. The property is vacant. Decision As no one appeared, Ms. Zalman certified the fine of$2,234.12, including administrative fee of$634.12 and daily fine continues to accrue. III. CHANGES TO THE AGENDA Item Case No. Status 1 18-2668 Removed 30 days 2 19-156 Complied 3 19-346 Removed 30 days 4 19-449 Removed 30 days 5 19-545 Complied 6 19-905 Complied 7 19-1211 Removed 30 days 8 19-1346 Removed 30 days 10 19-1609 Removed 30 days 12 19-488 Removed 30 days 15 19-469 Complied 16 19-577 Complied 17 19-1029 Removed 30 days 18 19-1229 Complied 21 18-3022 Removed 60 days 22 19-1139 Closed due to change of ownership 25 19-1217 Removed 30 days 26 19-1333 Removed 30 days 27 19-1430 Removed 30 days 28 19-1494 Complied 29 19-1606 Complied 33 19-06 Complied 35 19-1028 Removed 30 days 36 19-1519 Removed to November hearing 39 19-129 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 12:01 p.m. [Written by M. Moore, Prototype Inc.] Page 15