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Minutes 10-16-19 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, OCTOBER 16, 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 Tatiana Guerrier, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 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 Lien Reduction Hearing Case No. 16-1167 Thomas Peterson III Property Address: 130 NE 3rd Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 14, 2016. The Magistrate hearing was on September 21, 2016, no one appeared. Compliance date given was October 1, 20016, or $100 per day plus administrative fee. Date complied August 17, 2019. The property has 316 days of non-compliance with fines of $100 per day in fines and administrative fee of $730.15, for a total of $32,630.15. Owner of property has complied for lien reduction. Emmuel Russi, owner, stated he is the new owner, having purchased the property July 17, 2019. The property was a foreclosure and he was unaware at the time that this property had a lien. Respondent said that as soon as he purchased the property he Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 16, 2019 began to fix all the problems. Total expenses approximately $12,000 for repairs of roof, fence, painting and landscaping, windows, new AC, with respondent doing much of the work himself. The property is currently a rental. City recommended 10% lien reduction. Decision Based on the testimony, Ms. Zalman reduced the lien to $3,530.15, including the administrative fee. Case No. 16-1194 Palomos Real Group LLC Property Address: 410 W Ocean Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 21, 2016. The Magistrate hearing was on October 19, 2016, no one appeared. Compliance date given was November 18, 20016, or $100 per day plus administrative fee. Date complied July 3, 2019. The property has 956 days of non-compliance with fines of $100 per day in fines and administrative fee of $730.15, for a total of $96,330.15. Owner of property has complied for lien reduction. Patricia & Liborio Palomo, owners, stated the property was purchased in April-May 2016. The property was purchased as an investment, but has not yet been used as a rental. Permits for roofing and siding were done right away; however, when the contractors were preparing the work, certain items on the inside of the building were also removed, causing the further violations. Another contractor was hired to fix these violations and it dragged on for several years, causing further difficulty with the permits. $80,000 was spent on the new roof, the siding, the structural work inside, replacing the patio, electricity, and plumbing. Officer Pierre stated the original work was actually started without permits. The property has been a money pit and will be put up for sale once the liens are settled. The respondent requested the non-compliance be calculated from the time the permits were actually received. City recommended 10% lien reduction. Decision Based on the testimony, Ms. Zalman reduced the lien to $6,640.15, including the administrative fee. Case Hearing Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 16, 2019 Case No. 19-1217 Seaside Bungalow 9 LLC Property Address: 125 SE 27th PI Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL 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. Sod all bare areas and swale to the west of the property. Officer Hart, presented the case. Initial inspection date June 12, 2019, via courtesy notice. Fifteen days were given to comply. Notice sent Certified Mail September 26, 2019, green card was signed September 30, 2019. The sod has complied as the City has done work on that side of the property and did the re-sodding. BTR and COU have been applied for, inspection not yet performed. In September, Officer Hart gave the respondent more time to get inspections done. The City recommended property to be in compliance by November 7, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance by November 7, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1858 Murat Anderson Property Address: 627 NW 1St Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120B.2 INCL CO CH 15 SEC 15-120D.1.13 Repair and seal driveway, permits may be required. Remove construction debris from right-of-way, special pickup may be needed. Officer Hart, presented the case, which was a routine inspection. Initial inspection date July 25, 2019. Initial notice issued July 29, 2019, via courtesy notice. Ten days were given to comply. Notice sent Certified Mail September 23, 2019, green card was signed October 2, 2019. The trash and debris has been removed from the swale, but permits have not been applied for or obtained for driveway resurfacing. The City recommended property to be in compliance by November 16, 2019, or $25 a day fine assessed and an administrative fee of$634.12. Decision Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 16, 2019 As no one appeared, Ms. Zalman ordered compliance by November 16, 2019, or $25 a day in fines assessed and an administrative fee of$634.12. Fine Certification Hearing Case No. 19-828 Sonia Spence Property Address: 216 SW 2nd Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120E.2.A CO CH 15 SEC 15-120D.1.13 Repair retaining wall. Paint retaining wall. Officer Weixler presented the case. Notice of violation date April 25, 2019. The Magistrate hearing was on August 21, 2019, respondent did not appear. Compliance date given was September 15, 2019, or $50 per day plus administrative fee of $634.12. Property last inspected on October 15, 2019, violations still exist. There are 32 days of non-compliance, and administrative fee of $634.12, for a total of $2,234.12. Fine continues to accrue at $50 per day. 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. Case No. 19-129 MeeShee LLC Property Address: 425 NE 2nd St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D.1.D Install sod in dead area of yard. Officer Guillaume presented the case. Notice of violation date February 26, 2019. The Magistrate hearing was on June 19, 2019, respondent did not appear. Compliance date given was July 31, 2019, or $50 per day plus administrative fee of$634.12. Property last inspected on October 11, 2019, violations no longer exist. There are 71 days of non- compliance, and administrative fee of$634.12, for a total of$4,184.12. Decision As no one appeared, Ms. Zalman certified the fine of$4,184.12, including administrative fee of$634.12. Lien Reduction Hearing Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 16, 2019 Case No. 17-1016 YUNG TZU KUO Property Address: 532 NW 11th Ave Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 18, 2017. The Magistrate hearing was on September 20, 2017, no one appeared. Compliance date given was October 23, 2017, or $75 per day plus administrative fee. Date complied September 13, 2019. The property has 677 days of non-compliance with fines of $75 per day in fines and administrative fee of$730.15, for a total of$51,505.15. Yossi Harel, property manager for owner, stated the property owner did not know about the fines as the violation notice was sent to old address. Mr. Harel discovered this less than a year ago and then spent over $5,000 to comply with permit for water heater, minor interior and exterior repairs. Mr. Harel has corrected the address on property appraiser's site to his address as owner does not speak English. City recommended 10% lien reduction. Though moving ahead with the lien reduction, Officer Pierre requested an order to remove within 24-hours the outside storage on the property (a mistake of omission on the lien reduction process); Mr. Harel will comply this same day. Decision Based on the testimony, Ms. Zalman reduced the lien to $4,792.15, including the administrative fee. This is contingent upon the City completing an inspection on October 177 2019, to verify the outside storage has been removed. III. CHANGES TO THE AGENDA Item Case No. Status 1 19-1390 Complied 2 19-884 Removed 30 days 3 18-2942 Complied 4 19-556 Complied 5 19-651 Removed 30 days 6 19-1696 Complied 7 19-2059 Removed 30 days 8 19-532 Removed 30 days 9 19-1038 Removed 60 days 10 19-1177 Complied 12 19-1430 Complied 14 19-2647 Removed 30 days 16 19-1755 Removed 60 days V. ADJOURNMENT Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 16, 2019 Ms. Zalman concluded the hearing at 9:49 a.m. [Written by M. Moore, Prototype Inc.] Page 6