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Minutes 11-20-19 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, NOVEMBER 20, 2019, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Community Standards Director Shana Bridgeman, City Attorney Vestiguerne Pierre, Community Standards Supervisor Norma Loth, Community Standards Associate Tatiana Guerrier, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:12 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. 19-2681 Oakwood Square E&A LLC Property Address: 398 N Congress Ave Type of Property: Commercial Violation(s): As noted in the Notice of Violations John Moore, Fire Inspector, presented the case. This was a routine inspection performed April 8, 2019. This is not a repeat violator. Property was last inspected October 25, 2019, and is a health and safety hazard. City recommends seven days, or compliance date of November 27, 2019, with a recommended fine of $150 per day plus $100 administrative fee. There have been eight re-inspections at this property since April, with a significant number of open violations including impairments to the fire alarm and fire sprinkler systems. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Decision Based on testimony and as no one appeared, Ms. Zalman ordered compliance date of November 27, 2019, or $150 a day fines assessed and administrative fee of$100. Case No. 13-542 Catherine Allen Property Address: 318 NE 20th Ave Type of Property: Single-family, homesteaded Violation(s): 4-4 Manner of Keeping 4-32 Leash Law Officer Roehrich, Animal Cruelty Investigator, presented the case, which is due to multiple citizen complaints. (See related Case 19-3062.) For purposes of this specific fine certification, initial inspection date June 19, 2013. Compliance date was June 26, 2013, with a proposed fine of$500 a day plus administrative fees. The violations are intermittent with multiple dogs; there are two dogs on the property at this time. On October 10, 2019, Officer Roehrich a dog was running loose, the owner was nasty, so a photo was taken and the officer left. Officer Weixler called Officer Roehrich on October 24, 2019, while attempting to serve paperwork there and the loose dog charged him; the dog was still loose when Officer Roehrich arrived. The City recommends, for the two occurrences from the 2013 court order, two days of non-compliance at $500 per day plus $100 administrative fee for a total fine of $1,100. Officer Roehrich had photos for evidence to give Ms. Zalman. Decision Based on testimony and as no one appeared, Ms. Zalman certified the fine of$1,100.00. Case No. 19-3062 Catherine Allen Property Address: 318 NE 20th Ave Type of Property: Single-family, homesteaded Violation(s): 4-36 County Registration 4-37 Rabies Vaccinations Officer Roehrich, Animal Cruelty Investigator, presented the case, which was a follow-up inspection (see related Case 13-542). Initial inspection date October 10, 2019. Not a repeat violator for this particular ordinance. Verbal order was given October 10, 2019, to the owner's daughter. Written notice was sent October 16, 2019, and on October 17, 2019, Officer Roehrich had a long conversation with the owner. Notice sent Certified Mail on October 31, 2019, the green card was dated November 9, 2019. The property was also posted on November 5, 2019. A phone conversation on November 20, 20197 revealed that one of the dogs has been vaccinated and registered, but there was not enough money to take care of both dogs. The City recommends five days for compliance, November 25, 2019, or $250 a day fine. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Decision As no one appeared, Ms. Zalman ordered compliance by December 1, 2019, or $250 a day in fines assessed and an administrative fee of$100. Lien Reduction Hearing Case No. 16-743 Nadege Cajuste Property Address: 320 NW 4t" Street Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date June 15, 2016. The Magistrate hearing was on June 15, 2016, no one appeared. Compliance date given was June 30, 2016, or $150 per day plus administrative fee. Date complied August 10, 2019. The property has 1,169 days of non-compliance with fines of $150 per day in fines and administrative fee of$730.15, for a total of$180,130.15. Owner of property has complied for lien reduction. Danny Dantos Jean [phonetic], current owner. [Testimony largely inaudible in the beginning due to poor recording.] Ms. Zalman questioned respondent to learn the sequence of events to bring the property into compliance, including attempts to evict the tenant who caused the violations; tenants eventually left on their own. Costs for repairs was approximately $9,000 for damaged drywall, fence repairs, expired permits for fence, City recommended 10% reduction; after some discussion and a break in the testimony for additional evidence, Ms. Zalman eventually settled on less than 5% since it is no longer an investment property and the owner now lives there. Decision Based on the testimony, Ms. Zalman reduced the lien to $4,382.00, including the administrative fee. Case No. 05-1985 John & Patricia Virgil Property Address: 2880 NE 4t" Street Type of Property: Single family, non-homesteaded Violation(s): As noted in the Notice of Violations [Testimony tabled for owner to be brought in to authorize agent to speak. See page 5.] Case No. 08-938 Marie A & Marie C & Umen Sanon Property Address: 124 SW 9t" Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Officer Pierre presented the case. Notice of violation date March 21, 2008. The Magistrate hearing was on May 21, 2008, no one appeared. Compliance date given was May 31, 2008, or $150 per day plus administrative fee. Date complied August 14, 2008. The property has 1,230 days of non-compliance with fines of $150 per day in fines and administrative fee of $730.15, for a total of $185,230.15. Officer Pierre stated that the City recommends the lien be removed, along with the administrative fee. Nathalee Hayden, Natar LLC, presented signed authorization to speak. This is a continuation of a previous hearing; an update of the case's resolution was explained to Ms. Zalman and a brief discussion of events followed. Decision Based on the testimony, Ms. Zalman reduced the lien to $0.00 (zero). Case No. 15-2405 J S Ende Family Ltd Partnership Property Address: 2900 High Ridge Rd Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date October 28, 2015. The Magistrate hearing was on December 16, 2015, no one appeared. Compliance date given was January 15, 2016, or $500 per day plus administrative fee. Date complied August 10, 2019. The property has 1,356 days of non-compliance with fines of$500 per day in fines and administrative fee of $730.15, for a total of $678,730.15. Owner of property has complied for lien reduction. Jonathan Bloom, Esq., attorney for owner, gave the background to the case. Basically, none of the liens came up on the title search at the time of the purchase in 2015. The lien was not recorded until 2016, after closing. An employee who was supposed to notify the owner of any such matters dropped the ball, and the owner was not aware of the hearing in 2016. It was not until the owner sold the property in June 2019 that the unresolved lien was discovered. The violations were then remedied for $68,000 and arrangements were made with the new owner for the respondent to resolve the unpaid lien. Ms. Zalman proceeded to ascertain what responsibilities belonged to the City and what to the owner and representatives. Officer Pierre helped to recount the hearing dates, if anyone attended, and the decisions. City recommended a reduction of 10%. Mr. Bloom requested a further reduction, additional discussion ensued. Decision Based on the testimony, Ms. Zalman reduced the lien to $36,915.00. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 16-1045 Bank of America NA Property Address: 1818 NE 5t" 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 9, 2016. The Magistrate hearing was on August 24, 2016, no one appeared. Compliance date given was September 8, 2016, or $150 per day plus administrative fee. Date complied August 21, 2018. The property has 696 days of non-compliance with fines of $150 per day in fines and administrative fee of $730.15, for a total of $105,130.15. Owner of property has complied for lien reduction. Sheree Edwards, counsel for US Bank (current owner), and Greg Dawson [phonetic] gave a recounting of the purchase through foreclosure of the prior owner of the property. A timeline was given, noting that the property was vacant at the time of purchase and has been empty since. Ms. Edwards presented documentation for the file. The property has been renovated and is scheduled to close on November 26, 2019. The contract is for $97,500. There are some issues with Chinese drywall, which requires extensive remedies before the property can close; discussion followed. A reduction to $11,170.15 including administrative fees was proposed, Ms. Edwards asked for further reduction, as no one had ever been on the property, there was no electric and no water and therefore no income on the property. The violation was for rental licenses when there was never a tenant since 2016. Decision Based on the testimony, Ms. Zalman reduced the lien to $7,308.00, including the administrative fee. Case No. 05-1985 John & Patricia Virgil Property Address: 2880 NE 4t" Street 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 22, 2005. [Related Cases 13-1203 and 15-1919.] The Magistrate hearing was on February 18, 2006, no one appeared. Compliance date given was April 16, 2006, or$25 per day plus administrative fee. Date complied October 10, 2019. The property has 4,924 days of non-compliance with fines of $25 per day in fines and administrative fee of $730.15, for a total of $123,830.15. Owner of property has complied for lien reduction. James George, new owner, and Charles Frederick, real estate agent, stated about $105,000 was spent on purchase and renovations. The property was not habitable when purchased, no windows, doors, roof, and interior had to be replaced. The property was Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 purchased in January 2019 through quit claim. The people cited for the violations passed away, someone else purchased the property, and the lien was unknown at the time of purchase. The house is under contract, closing date is November 27, 2019. City recommends 5% reduction while considering the related cases. Decision Based on the testimony, Ms. Zalman reduced the lien to $4,924, including the administrative fee and costs. Case No. 13-1203 John Virgil Property Address: 2880 NE 4t" Street 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 7, 2013. [Related Cases 05-1985 and 15-1919.] The Magistrate hearing was on August 21, 2013, no one appeared. Compliance date given was August 31, 2013, or $500 per day plus administrative fee. Date complied October 10, 2019. The property has 2,230 days of non-compliance with fines of$500 per day in fines and administrative fee of$730.15, for a total of$1,115,730.15. James George, new owner, and Charles Frederick, agent, had nothing to add to previous case testimony, except for admitting to failure to do due diligence on the property at the time of starting this project. The property has appraised at $165,000, which is the contract price. Decision Based on the testimony, Ms. Zalman reduced the lien to $1,115, including the administrative fee and costs. Case No. 15-1919 John Virgil Property Address: 2880 NE 4t" Street 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 14, 2015. [Related Cases 05-1985 and 13-1203.] The Magistrate hearing was on October 21, 2015, no one appeared. Compliance date given was October 31, 2015, or $1,000 per day plus administrative fee. Date complied October 10, 2019. The property has 1,438 days of non-compliance with fines of $1,000 per day in fines and administrative fee of $730.15, for a total of$1,438,730.15. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 James George, new owner, and Charles Frederick, agent, had nothing to add to previous case testimony. Officer Pierre stated this has been an interesting situation, the property was in bad shape; the work done by the new owner to the property is excellent and is now a benefit to the City. Decision Based on the testimony, Ms. Zalman reduced the lien to $1,439, including the administrative fee and costs. Case No. 18-2678 Sony & Edline Bellony Property Address: 602 SW 1St 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 October 31, 2018. The Magistrate hearing was on April 17, 2019, no one appeared. Compliance date given was May 17, 2019, or $50 per day plus administrative fee. Date complied August 14, 2019. The property has 64 days of non-compliance with fines of $50 per day in fines and administrative fee of$634.12, for a total of$3,834.12. Sony Bellony, owner, stated this is currently a rental property and $5,200 was spent to bring the property into compliance (costs related to installing air compressor). Officer Pierre noted that Mr. Bellony had previously paid the administrative fees of$634.12. City recommended 10% reduction. Decision Based on the testimony, Ms. Zalman reduced the lien to $100. [Ms. Zalman called a 9 minute recess.] Case Hearing Case No. 19-539 Deivin Guzmon Property Address: 101 Azalea Cir Type of Property: Single-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Certificate of Use/Business Tax Receipt required for home rental. Building permit required for interior renovation. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Officer Daniels, presented the case for Officer Weixler, which was a citizen complaint. Initial inspection date March 26, 2019. Not a repeat violator. Thirty days were given to comply. Notice sent Certified Mail September 4, 2019, green card was signed October 15, 2019. The owner received a red tag for interior work without permit. The City recommended property to be in compliance by December 30, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Deivin Guzmon, Owner, stated the permit has been applied for the kitchen work. Ms. Zalman postponed the case for hearing until Officer Weixler returns. Decision Ms. Zalman ordered a postponement to reset for hearing, if not in process. Case No. 19-1790 Mary L Frederick Property Address: 1466 NW 4th Street Type of Property: Single-family, homesteaded Violations: LDR CH 3 ART IV Sect 3(C) and (D) Officer Daniels asked to remove this case for 30 days so that Officer Weixler and the owners can speak in further detail. Decision Ms. Zalman ordered the case removed for 30 days. Case No. 19-1812 Kay F Patrick Property Address: 430 NW 10th Ave Type of Property: Single-family, homesteaded Violation(s): LDR CH 3 ART 4 SEC 3D and 3C Cease and desist sale of food preparation on the property. Officer Daniels, presented the case for Officer Weixler, which was a citizen complaint. Initial inspection date July 24, 2019. This is not a repeat violator. A courtesy notice and 30 days to comply was given. Notice sent Certified Mail October 24, 2019, green card was signed October 30, 2019. The City recommended property to be in compliance by December 2, 2019, or $50 a day fine assessed and an administrative fee of$634.12, and an immediate Cease & Desist for selling food from the property. Kay Patrick, owner, stated the sale of food has not continued, that her son who was doing the cooking had spoken with Officer Weixler at the time. City recommended the Cease & Desist order but to waive the administrative fee. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Decision Ms. Zalman ordered the Cease & Desist, and waived the administrative fees. Case No. 19-1814 Jesus House of Worship Inc. Property Address: Vacant Lot on NW 10th Ave Type of Property: Vacant Lot Violation(s): LDR CH 3 ART 4 SEC 3D Selling of food in an unpermitted residential zone. Officer Daniels, presented the case for Officer Weixler, which was a citizen complaint. Initial inspection date July 24, 2019. This is not a repeat violator. Courtesy notice given July 26, 2019. Thirty days were given to comply. Notice was sent October 24, 2019, and posted at City Hall on July 7, 2019. Date of last inspection November 19, 2019. The City recommended property to be in compliance by December 30, 2019, or $50 a day fine assessed and an administrative fee of $634.12, and an immediate Cease & Desist for selling food from the property. The new pastor [name not given] of Jesus House of Worship stated there will not be any further sale of food on that property. City recommended the Cease & Desist order, but to waive the administrative fee. Decision Ms. Zalman ordered the Cease & Desist, and waived the administrative fees. Case No. 18-2056 Theresa Flynt & G Donaldson Property Address: 200 NE 28th Ct Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120(D) INC LDR CH 2 ART IV SEC 2(A)2 CO CH 10 SEC 10-56(B) CO CH 10 SEC 10-56(D) Officer Daniels asked to remove the case for 60 days. Decision Ms. Zalman ordered the case removed for 60 days. Case No. 18-2545 Boynton Partners LLC Property Address: 408 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 CO CH 13 SEC 13-16 CO CH 15 SEC 15-120D1 INCL CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Pressure clean the sidewalk, de-weed the flower beds (removed as HOA issue), replace missing window screens, obtain permit for air conditioner installed without a permit (removed), repair the broken awnings. Officer Hart, presented the case, which was a routine inspection. Initial inspection date October 24, 2018. Initial notice sent October 26, 2018, via courtesy notice. Thirty days were given to comply. Proof of service sent Certified Mail October 23, 2019, green card was signed November 4, 2019. The only violations that still exist are the BTR and COU. Property failed inspection on March 25, 2019, because of a permit for a water heater installed without property permitting. Property last inspected November 19, 2019. This is a health and safety hazard. The City recommended property to be in compliance by December 1, 2019, or $50 a day fine assessed and an administrative fee of$634.12. Jeremy LeVine, employee, did not have permission to testify on behalf of Boynton Partners. However, because this is a health and safety hazard, Ms. Zalman instructed Mr. Levine of her Decision to convey to the respondent. Decision As no one authorized to speak appeared, Ms. Zalman ordered compliance December 1, 2019, or $50 a day in fines assessed and an administrative fee of $634.12 (which has already accrued). Fine Certification Hearing Case No. 19-1248 Mimonde Charles Property Address: 128 SE 27th Way Type of Property: Single-family, homesteaded Violation(s): CO CH 14 SEC 14-3 CO CH 15 SEC 15-120D Cease and desist parking over-sized tow truck at residence. Remove rocks and put in sod along the west side of driveway. Officer Daniels presented the case for Officer Weixler. Notice of violation date June 12, 2019. The Magistrate hearing was on August 21, 2019, respondent did not appear. Compliance date given was September 30, 2019, or $25 per day plus administrative fee Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 of $634.12. Property last inspected on October 23, 2019, no violations remain. There are 28 days of non-compliance at $25 per day, and administrative fee of $634.12, for a total of$1,334.12. Marc Charles, son of owner, objected to the charges as he felt he had complied; Officer Daniels said everything has complied, but it was after the date given. After some discussion, Officer Pierre attempted to verify compliance and contact dates; Ms. Zalman ascertained a reduction and certified a lesser fine. Decision Based on testimony, Ms. Zalman certified the fine of$250 in total. Case No. 18-2426 Po Ying Sem Trust Property Address: 2601 NW 2nd St 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 Permit 143328 to enclose rear porch to habitable space expired. Obtain a permit for a new AC unit and replace a dryer vent cover. Officer Guim presented the case. Notice of violation date January 2, 2019. The Magistrate hearing was on August 21, 2019, the owner appeared. Compliance date given was October 5, 2019, or $50 per day plus administrative fee of$634.12. At this time, the dryer vent was replaced, but permits for AC and enclosure are still outstanding. There are 45 days of non-compliance and the fine continues to accrue at $50 a day plus administrative fee of$634.12, for a total of$2,884.12. Po Ying Sem, owner, was instructed by Ms. Zalman as to the status of the fine and what needs to be done to bring into compliance and how to appeal for lien reduction. Decision Based on testimony, Ms. Zalman certified the fine of $2,884.12, including administrative fee of$634.12. Case Hearing Case No. 19-1645 The Alberta Bell Living Trust Property Address: 1213 NW 4t" St Type of Property: Commercial Violation(s): CO CH 15 ART 8 SEC 15-115, Nuisance Declaration Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Based on the attached documentation situation, the City of Boynton Beach has determined that the above- reference property is a chronic nuisance as outlined in CH 15 ART 8. Officer Pierre, presented the case, which was a routine inspection. Initial inspection date July 16, 2019. This is a repeat violator. No initial inspection issued August 1, 2018, write- in notice. Thirty days were given to comply. Proof of service sent Certified Mail October 23, 2019. Property last inspected November 19, 2019, and the property is not in compliance. [See Amendment to Order pages 16-17.] Shana Bridgeman, City Attorney, presented a packet of evidence, Exhibits A through F, and ascertained through Officer Pierre that it contained everything from the City's file, that these are the documents used during investigations of the chronic nuisance matter, and were created at or near the time that the incidents occurred. The documents also contain evidence provided by the property owner (survey). Also noted was that the page numbers will be referenced during examination. Greg Cafaro, Police Officer, testified that this and all other commercial properties of a similar nature are monitored on a monthly basis for crimes and incidents on or around the properties. This particular property eventually accumulated enough incidents to trigger a chronic nuisance (four separate incidents in a 30-day period). On one date -- April 14, 2019 -- three of those four incidents were: 1) loitering, 2) narcotics-related offenses, and 3) aggravated battery with firearm, which correspond to Ordinance 15-112D, subsections 20, 24, and 25 (which were read into the record). Ms. Bridgeman questioned Officer Cafaro on the nature of nuisance activities per the code cited. Any one of the 26 incidents listed would qualify as a nuisance activity; on April 14, three of those incidents occurred. Next date in question was April 18, 2019, (Police Incident Case 19-021206) violations under sub-sections 24 and 25 relating to narcotics and firearms. Again on April 18, 2019, (Police Incident Case 19-021220) a narcotics-related offense under sub-section 24 occurred. On May 10, 2019, (Police Incident Case 19-025837), another narcotics-related incident under sub-section 24 was investigated. These incidents were all brought before the Chronic Nuisance Committee to be discussed and reviewed. The consensus was that the nuisance ordinance was triggered and notice was sent. The composition, duties, and responsibilities of the Chronic Nuisance Committee was explained. Also explained was the criteria for improving the conditions of such properties to cure chronic nuisance conditions. Based on 35 years of experience, Officer Cafaro explained what types of recommendations that were made to remedy the situation, including working with Code Compliance, Building Department, and recommendations to the Police Department Crime Prevention Team. The goal is to work with the property owners to reduce these types of nuisances occurring on the property, including lighting and barriers to inhibit activities. Ms. Bridgeman verified with Officer Cafaro the notice of violation first sent to the owner. Officer Cafaro was part of a meeting of City Staff with the property owners at Police Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Headquarters to discuss violations and remedies. A Revised Notice and Agreement (September 19, 2019) sent to the property owner was verified with Office Cafaro. Of particular note was the declaration of the nuisance and correction action was required of the owner. The Nuisance Abatement Agreement was explained (page 19 of exhibit package) along with the following six pages of recommendations for actions to cure. Ms. Bridgeman and Officer Cafaro reviewed the reasoning for the following requirements: A) install enhanced lighting; B) install working surveillance cameras (interior and perimeter); C) install complete fencing to separate properties, including alleys adjacent to south and west; D) install wall or landscaping to separate the parking lot in addition to the fencing; E) enter into trespass agreement, including signage and enforcement thereof; and F) remove metal grating and tinting from windows to allow visibility into (and out of)the store. This Chronic Nuisance Agreement has not been signed; however, the Trespass Agreement has been signed. The reason for this hearing is that the owners did not want to sign the Chronic Nuisance Agreement. Officer Cafaro stated, in reference to recommendations on pages 23 and 24, if the Committee concurs it is then made a requirement and is noticed to the owner as such. The original notice had the word recommendation, which caused confusion with the owner that these were not actual requirements. Thus verbiage was changed from recommended to required. Page 25, a schematic of the property identifying specific locations of cameras, was also provided to the owner. Ms. Zalman asked about the two notices sent to the owner, to which Ms. Bridgeman replied that there should have only been one notice with the revision to the agreement sent to the owner; the true date should have been August 1, 2019, which provides for opportunity to meet with City Staff to discuss the agreement attached to the original notice. Once the property owner spoke with the City about the agreement and discussed modifications, the City agreed to those modifications and should have only sent out the revised agreement (not the second notice). However, the City did grant more time for compliance in that second notice. The remaining exhibits of the package were quickly reviewed and explained, including the reasoning for the redacted portions of the police reports concerning confidential informants. Ms. Bridgeman proceeded to question Officer Cafaro as to the particulars of the police report concerning the shooting and that the testimony came directly from the victim of the shooting as to when and where the shooting occurred, which was April 14, 2019, at 7:44 p.m. (at about dusk). In closing, Officer Cafaro stressed that enhanced lighting and surveillance cameras are a known deterrent to such activities as drug usage and resulting violence. Z-Mart market is an example where such recommendations have been installed and chronic nuisances have been markedly reduced. Ms. Zalman asked, without divulging the redacted names, if the alleged criminal actors are somehow related to the property as employees or if they are third party persons. Office Cafaro said, to the best of his knowledge, that the shooter or victim were not directly related to the market. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Adam Temple, Community Standards Director, gave testimony as to a Code Officer's duties and responsibilities, especially as relates to a chronic nuisance. A chronic nuisance determination is made collectively by the Committee to decide to site and individually a Code Officer can make a decision to site. A 1999 survey was submitted by the owner (and accepted by the City) regarding property boundaries at one of the meetings of the Chronic Nuisance Committee for review as there were questions concerning property boundaries (page 42A), in particular if the ownership of the portion of the property on the south side belonged to the City. On review, there is a six-foot utility easement shared with the property to the south. In addition, on the western portion where there is a two-story apartment building, that property line needed to be clarified (page 42C) and was found to be 7-feet 7-inches from the building. Mr. Temple did not make a determination that the crimes in question occurred on the Cherry Hill or a different property; only to establish the boundaries of the property, which information was shared with Officer Cafaro. Officer Cafaro in turn informed Mr. Temple that the violations occurred within the property boundaries. Ms. Zalman asked Mr. Temple if he had personal knowledge about the dates of the issuance of the August 1 notice versus the issuance of the later notice. The August 1 notice was sent out just prior to Mr. Temple joining the staff of the City of Boynton Beach; however, he was present when the subsequent notice was issued on September 19, 2019. The final compliance date was confirmed as extended to October 22, 2019 (page 19 of exhibits), along with acknowledgement of completion of three of the tasks required. Since October 22, there have been numerous conversations with the property owner and the property has been visited on several occasions. As the agreement was not signed by the due date and the property owner did not agree with being declared a chronic nuisance, the hearing on this date was scheduled. Ms. Zalman asked Officer Pierre to confirm if one of these notices had been posted by him. Officer Pierre stated he had posted the property on August 2, 2019. The City had no additional witnesses. Ms. Zalman asked what the City is looking for; Ms. Bridgeman said an order similar to one entered previously, granting the ability to go onto the property and abate the crime nuisance and bill the property owner for the costs related to that. Present were Octavia Bell, daughter of the property owner, Alberta Bell (owner of property), and sister of Karen Bell (owner of business). (Ms. Bridgeman interrupted to assure the photos being submitted would become part of the file and that they be numbered on the back for reference.) Ms. Zalman gave instructions for the remainder of the proceedings, that she knew nothing of case nor the meetings, and has not seen the file until now. The purpose is to collect as much information as possible to make a decision. The City is seeking an order to go onto the property with vendors to make the changes as outlined in the above testimony to enhance the safety of the property, at which time the respondents will receive a bill and/or put a lien on the property for those changes. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Octavia Bell stated their reason for this hearing is that there were some discrepancies from the beginning with the first meeting with the Committee. This business has been there since the 1960s and Alberta Bell has been the owner since the 1970s. In 1998, Octavia Bell renovated the entire property, as it is the only convenience store in that area. In 2011, Karen Bell took over the business. There have always been issues there, but it is not the building itself, it is the people who come into the area and cause these disturbances. There have been many interactions with the Police Department since the 1980s. The respondents do not feel that their property should be singled out for chronic nuisance when the rest of the neighborhood sees as much activity. Ms. Zalman gave permission for Ms. Bell to directly interview any of the witnesses who have testified. Ms. Bell asked Officer Cafaro if the four incidents in question happened on the property or was it around the area/property. There have not been any liability lawsuits from insurance companies on the instance when someone was shot. Officer Cafaro gave a history that he had met with the Bells and Chief Glandon [phonetic] and Mr. Temple (on his first day) at the Fire House, where the issues were covered in their entirety; Officer Cafaro was also new to the area and had no preconceived notions about the area. It was stressed that these four incidents in question happened on this property. Some of the wording may be misleading, but it was stressed that all four of the incidents are related to the Cherry Hill Market. Ms. Bell disagreed, stating that Karen Bell was never contacted that the shooting incident happened on the property. Regarding the trespassing warning, there have been many of the decades they have owned the property and the Police Department has the right to come on the property for trespass purposes. The family runs a legitimate business, there is no activity going on inside, there are no problems with robbery, and the view from inside is not obstructed by the bars (which have always been there and were grandfathered in at the time of the renovations). Ms. Zalman asked why the respondent objects to the exterior perimeter enhance lighting. Ms. Bell said that many of the recommendations have been completed — the following correspond to the list above -- A) including some lighting, the family is just on the fence about a couple of the recommendations. B) Karen Bell lives in the area and is concerned about repercussions from the neighborhood's objections to increased camera surveillance. C) Regarding the fence around the entire market, the family takes issue with the fence because the problems come from the building on the west and the Bells alone should not have to pay for the fence. The trouble-makers that come around do not even live in the area. D) Ms. Bell does not feel that the proposed landscaping is a good idea as it affords an area for drugs to be stashed. E) The trespass agreement has been issued, and this is not the first time the Bells have complied. F)As to removing the window coverings, grates and tints, Ms. Bell contends that the building has been grandfathered in for many years, it helps with hurricanes as well as break-ins. The other items Ms. Zalman mentioned have all been done and confirmed by Officer Pierre. As to the green dumpster behind the store where illicit items have been found, Ms. Bell contends that the dumpster does not belong to the store, it is in the alleyway and not on Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 the property; it belongs to the apartments. Officer Cafaro stated that guns and drugs and other items have be stashed around and in back of the store when perpetrators are being pursued by the police. Fences would go a long way to deter this, cameras would help the owners (and police) see what it going on behind the property. The dumpster in question was one of the narcotics and firearms recovery incidents. Officer Cafaro asserts that he has never personally been on surveillance, but undercover narcotics officers and/or confidential informants conducting operations have been watching drug transactions on the property, and contends that a fence will prohibit the perpetrators from running behind the store and stashing drugs and guns in containers while cameras will allow people inside the store to monitor what is taking place in and around the property. Officer Cafaro had the report on the incidents in question to explain the details to Ms. Zalman. Ms. Bell stressed again that no one has showed her the reports of the four incidents in question, that they did happen on their property, and, if the incidents did happen, why the Bells were not notified at the time. Officer Cafaro stated that three of the four incidents involved the common alleyway/area, at least eight feet from the Cherry Hill Market, and all of the agents involved state the incidents happened on the property. Ms. Zalman ascertained that as Ms. Bell claims, the dumpsters in question are clearly on the property next door. Officer Cafaro contends that the garbage can in question can be easily moved many times a day, and that on the day in question (May 10), the agents attributed that can being on the property of and in close proximity to the Cherry Hill Market. Again, Officer Cafaro stressed if there was a fence there, such discrepancies would no longer be an issue. Officer Cafaro stated, once again and based on his experience and reading and rereading the report, all four of those incidents happened on the property of Cherry Hill Market. Ms. Bridgeman asked Officer Cafaro if the property owners' concern about a lot of people referring to calls happening in the area versus calls happening on the property. Even though it is not part of the evidence provided to the City, Officer Cafaro referred to a folder in which he keeps track of the monthly volume on properties that receive frequent calls. He explained his method for tracking such activities city-wide. It is noted that the Cherry Hill Market is considered a landmark more than an address, that every first responder would know exactly where to go if told Cherry Hill. Therefore, the dispatcher may identify that intersection as Cherry Hill rather than a specific address. Pre-violation, in January, Officer Cafaro was handed a file that had 15-20 calls in which every call but one was attributed to the Cherry Hill Market after all filters and exclusions were made. Therefore, on these four cases in question today, every one of them place them on the premises of the property in question. Ms. Bell agreed that the market is a landmark, and if a crime occurs in a two-block radius, the media will show a picture of the Cherry Hill Market in their reporting. Ms. Bell continued to contend that it is an insult that the business is a problem, and that each of the reports she has seen states that the location is "in the area" or "around the area," not at 1213 NW 4t" Street. [Alberta Bell was speaking from the audience, but it was mostly unintelligible; the gist was that the problem lies with the kids Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 who are doing the crimes, not the property itself.] There was a good deal of restatement of the issues from all sides as the discussion came to a close. Ms. Zalman stated that whatever the conditions at the property are now, they do not seem to be working, as the crimes continue. However, the City and Police Force highly suggest methods that they believe will work. This is not for Ms. Zalman to determine today, as her determination is on code violations. As there are so many incidents that involve the City, a determination of an Order of Nuisance exists and the City has a right to abate it. The testimony of Officer Cafaro, who has no bias against the market and has 35 years of experience behind him, has read the unredacted reports that show four incidents within 30 days which qualify for an Order of Nuisance. It remains that there are drugs and guns and the property is quite dangerous to the owners as well as patrons. As the City has withdrawn the request for remote access with the cameras, Ms. Zalman asked if the largest issue for the Bells is one of economics. The Bells objected again, and asked that the apartments be instructed to pay for the fence as none of these incidents occurred before that building was occupied. Ms. Zalman suggested that legal action could be brought against the apartment owners regarding financial responsibility for the fence. Decision Ms. Zalman found that there is a nuisance based on the evidence presented, and is hopeful that the respondents will work with the City to resolve the remaining issues. After such time, the respondents may still appeal the decision. [See further amendment to order Pape 19.] [Ms. Zalman called a 7 minute recess.] Case No. 06-2433 Jean P Messeroux Property Address: 2950 SE 2nd Street 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 28, 2006. The Magistrate hearing was on November 15, 2006, no one appeared. Compliance date given was December 15, 2006, or $150 per day plus administrative fee. Date complied January 24, 2007. The property has 39 days of non-compliance with fines of $150 per day in fines and administrative fee of$730.15, for a total of$6,580.15. Owner of property has complied for lien reduction. Danny Dantos Jean [phonetic], current owner, stated the property was purchased in 2015 under foreclosure and was under the impression that the hefty water bill causing some of the liens had been corrected during lien search. Ms. Zalman suggested there may be a cause for a claim against the title company. City recommended 5% reduction. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Decision Based on the testimony, Ms. Zalman reduced the lien to $292.50, including the administrative fee. III. CHANGES TO THE AGENDA Item Case No. Status 1 19-2827 Removed 30 days 3 19-449 Removed 30 days 5 19-1410 Removed 30 days 10 19-2202 Removed 30 days 13 19-2939 Removed 30 days 15 19-2054 Removed 30 days 16 19-2284 Removed 30 days 20 19-974 Complied 21 19-1158 Removed 30 days 22 19-1668 Removed 30 days 23 18-2056 Removed 60 days 24 19-486 Complied 25 19-762 Removed 30 days 26 19-1095 Complied 27 19-1199 Removed 60 days 28 19-2051 Complied 30 19-2511 Removed 30 days 33 18-1222 Removed 30 days 43 11-2911 Complied 45 19-532 Removed 30 days 47 19-2049 Removed 60 days 48 19-2285 Removed 30 days 52 19-1821 Removed 30 days 53 19-2248 Complied 54 19-2467 Removed 30 days 60 19-585 Removed 60 days 61 19-588 Removed 60 days 66 19-580 Removed 60 days 67 19-581 Removed 60 days 68 19-582 Removed 60 days 69 19-587 Removed 60 days 70 19-589 Removed 60 days Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 IV. NEW BUSINESS Case Hearing Case No. 19-370 Claude L Pierre Property Address: 148 SW 14th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Daniels presented the case for Officer Weixler, which was a citizen complaint. Initial inspection date February 25, 2019. This is not a repeat violator. Initial notice issued December 21, 2017, via courtesy notice. Thirty days given to bring the property into compliance. Notice sent posted at City Hall November 7, 2019. Violation still existing is shed permit. City recommended property to be in compliance by December 15, 2019, or $25 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 15, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1893 Ellington Beckles Property Address: 300 NW 16th Court Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Daniels presented the case for Officer Weixler, which was a routine inspection. Initial inspection date July 31, 2019. This is not a repeat violator. Initial written notice issued August 5, 2019, 2017. Fifteen days given to bring the property into compliance. Notice sent was October 10, 2019, and was posted on property was October 16, 2019. . City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1645 The Alberta Bell Living Trust Property Address: 1213 NW 4th St Type of Property: Commercial Violation(s): CO CH 15 ART 8 SEC 15-115, Nuisance Declaration [Continued from pages 11-17.] Ms. Zalman amended the order, that the written evidence on all the incidents do say "in the area" of the market, they do not say that the incidents Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 were there. Therefore, Ms. Zalman requests a supplement from the officers that were there because the person needed to testify this date was not present. What was presented was in fact hearsay evidence; it may not be at the market. A supplemental writing can be given in lieu of attending a formal hearing. Once the supplemental writings are received, the formal order can be issued. Case No. 19-2326 John Walker Est Property Address: 646 Ocean Inlet Dr Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Daniels presented the case for Officer Weixler, which was a routine inspection. Initial inspection date August 14, 2019. This is not a repeat violator. Initial notice issued August 21, 2019, via courtesy notice. Certified mail sent October 24, 2019, and was posted at City Hall October 31, 2019. City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1983 Isabelle Gooden Est Property Address: 537 NW 9th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Torres-Lee presented the case and asked for it to be removed 30 days. Decision Ms. Zalman ordered the case removed. Case No. 19-2419 Iceberg Capital Partners LLC Property Address: 321 NE 13th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Torres-Lee presented the case and asked for it to be removed 30 days. Decision Ms. Zalman ordered the case removed. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 19-2311 FYR SFR Borrower LLC Property Address: 280 N Atlantic Dr Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Guim presented the case, which was a routine inspection. Initial inspection date August 13, 2019. This is not a health and safety hazard. City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2059 Sobe Rental Holdings LLC & SOS Services Inc Property Address: 193 SE 27th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Daniels presented the case, which was a citizen complaint. Initial inspection date August 2, 2019. This is not a repeat violator. Initial written notice issued August 15, 2019. Eighteen days were given to comply. Notice sent Certified Mail October 25, 2019, and was posted on property and at City Hall November 6, 2019. Communications with contractor November 20, 2019; more time was granted to submit documentation; contractor did not form allowing testimony so did not attend hearing. City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2339 TAH MS Borrower LLC Property Address: 2950 S Seacrest Blvd Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Daniels presented the case, which was a citizen complaint. Initial inspection date August 14, 2019. This is not a repeat violator. Initial written notice issued August 15, 2019. Thirty-one days were given to comply. Notice sent Certified Mail October 23, 20197 and green card was dated October 25, 2019. Property last inspected November 19, 2019. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 This is not a health and safety hazard. City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Officer Hart presented the following cases, they have all failed Business Tax Receipts and Certificate of Use in various ways, usually permitting a water heater and/or air conditioner. The majority are in plans check. Case No. 18-2545 Boynton Partners LLC Property Address: 408 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2546 Boynton Partners LLC Property Address: 410 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 18-2547 Boynton Partners LLC Property Address: 412 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2549 Boynton Partners LLC Property Address: 416 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2551 Boynton Partners LLC Property Address: 424 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 18-2626 Boynton Partners LLC Property Address: 420 SW 1St St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2901 Boynton Partners LLC Property Address: 407 SW 1St Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2905 Boynton Partners LLC Property Address: 413 SW 1St Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 1, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 18-2907 Boynton Partners LLC Property Address: 415 SW 1St Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 4, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-2911 Boynton Partners LLC Property Address: 418 SW 1St Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 4, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 18-3038 Boynton Partners LLC Property Address: 613 SW 1St Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. This is a health and safety hazard. City recommended property to be in compliance by December 4, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 4, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 19-809 Judith Lohmann Property Address: 137 SE 27th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Hart spoke with owner who stated the house will be painted next week, asked to remove for 30 days. Decision Ms. Zalman ordered the case removed. Case No. 19-2975 1701 S Congress Ave LLC Property Address: 1701 S Congress Ave Type of Property: Commercial (Vacant) Violation(s): LDR CH 3 ART 4 SEC 3D Property being used a vehicle transportation transfer. Officer Hart presented the case, which was a routine inspection. This is a repeat violator (Case No. 19-823). This is constantly being used as a place to drop vehicles being shipped from up north, unloaded and loaded, which is against the zoning matrix, and this is the third time being cited for this. City recommended property to be in compliance by December 10, 2019, or $100 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 10, 2019, or $100 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1929 Sherrah Campbell Property Address: 8281 Bermuda Sound Way Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Guim presented the case, which was a citizen complaint. This is not a health and safety hazard. City recommended property to be in compliance by December 30, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 30, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Case No. 19-1769 Warren Potter and Brett Taylor Property Address: 111 SW 3rd Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Torres-Lee presented the case. This is not a health and safety hazard. City recommended property to be in compliance by December 20, 2019, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by December 20, 2019, or $50 a day in fines assessed and an administrative fee of$634.12. Fine Certification Hearing Case No. 19-632 Tatiana Duperault Property Address: 240 W Horizons Unit 203 Type of Property: Multi-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8 Obtain required building permits for interior renovation. Officer Torres-Lee presented the case. Notice of violation was April 5, 2019. The Magistrate hearing was on August 21, 2019, no one appeared. Compliance date given was September 30, 2019, or$50 per day fine assessed and administrative fee of$634.12. Last inspected November 19, 2019, and violations still exist. There are 50 days of non- compliance, and fine continues to accrue at $50 per day plus administrative fee of $634.12, for a total of$3,134.12. Decision As no one appeared, Ms. Zalman certified the fine of$3,134.12, including administrative fee of$634.12 and daily fine continues to accrue. Case No. 19-736 SBA Holdings of Florida Property Address: 450 NW 1St Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 CO CH 10 SEC 10-52 Inoperable vehicles. Obtains a Certificate of Use/ Business Tax Receipt for a rental. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Officer Torres-Lee presented the case. Notice of violation was April 17, 2019. The Magistrate hearing was on August 21, 2019, no one appeared. Compliance date given was September 15, 2019, or$50 per day fine assessed and administrative fee of$634.12. Property last inspected October 15, 2019, and violations still exist. There are 65 days of non-compliance, and fine continues to accrue at $50 per day plus administrative fee of $634.12, for a total of$3,884.12. Decision As no one appeared, Ms. Zalman certified the fine of$3,884.12, including administrative fee of$634.12 and daily fine continues to accrue. Case No. 19-298 Cerberus SFR Holdings II LP Property Address: 2105 NE 3rd St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1.D Apply for, pass inspection, and obtain a Certificate of Use and Occupancy. Sod the yard and swale to cover bare spots. Officer Guim presented the case. Notice of violation was April 17, 2019. The Magistrate hearing was on September 18, 2019, no one appeared. Compliance date given was October 15, 2019, or $25 per day fine assessed and administrative fee of $634.12. Violations still exist. There are 35 days of non-compliance, and fine continues to accrue at $50 per day plus administrative fee of$634.12, for a total of$1,509.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,509.12, including administrative fee of$634.12 and daily fine continues to accrue. 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 Certificate of Use/Business Tax Receipt required for home rental. Officer Pierre asked to show this case has complied and fees have been waived. presented the case. Notice of violation was July 9, 2019. The Magistrate hearing was on September 18, 2019, no one appeared. Compliance date given was October 15, 2019, Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 or $25 per day fine assessed and administrative fee of $634.12. Property last inspected October 15, 2019, violation had complied. City recommends $0.00 (zero) fines. Decision Ms. Zalman certified no fines be assessed. 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 10 SEC 10-56B CO CH 13 SEC 13-16 CO CH 15 SEC 15-120B.2 INCL Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Repair deteriorating driveway (has complied). Sod all barriers of right of way and swale (has complied). Remove or repair white fence in front of property (has complied). Officer Hart presented the case. Notice of violation was December 3, 2018. The Magistrate hearing was on September 18, 2019, no one appeared. Compliance date given was October 15, 2019, or $25 per day fine assessed and administrative fee of $634.12. Property last inspected November 19, 2019, some violations still exist. The fine is $900 plus administrative fee of$634.12, for a total of$1,534.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,534.12, including administrative fee of$634.12 and daily fine continues to accrue. 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 10-56 D Secure vacant property. Officer Hart presented the case. Notice of violation was July 29, 2019. The Magistrate hearing was on September 18, 2019, no one appeared. Compliance date given was October 4, 2019, or $500 per day fine assessed and administrative fee of $634.12. Property last inspection November 19, 2019, and violations still exist. House burned down, is a health and safety hazard, squatter present; City scheduled to demolish. The fine is $23,500 and fine continues to accrue at $500 per day plus administrative fee of $634.12, for a total of$24,134.12. Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 20, 2019 Decision As no one appeared, Ms. Zalman certified the fine of$24,134.12, including administrative fee of$634.12 and daily fine continues to accrue. V. ADJOURNMENT Ms. Zalman concluded the hearing at 2:20 p.m. [Written by M. Moore, Prototype Inc.] Page 30