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Minutes 12-18-19 DRAFT MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 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 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 Case Hearing Case No. 19-3112 Renaissance Office & Storage Property Address: 1880 N Congress Ave, Unit 330 Type of Property: Commercial Violation(s): CO CH9 ARTICLE 1 SECT 9-16 Fire Code 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 from four re-inspections of the property totaling $100. City recommends five days with a compliance date of December 26, 2019, with a recommended fine of $25 per day with $100 administrative fees. Decision Based on testimony and as no one appeared, Ms. Zalman ordered compliance date of January 3, 2020, or $25 a day fines assessed and administrative fee of$100. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Lien Reduction Hearing Case No. 11-2166 Roelof& Tianna Poel Property Address: 72 Lake Eden Dr 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 15, 2011. The Magistrate hearing was on October 19, 2011, no one appeared. Compliance date given was October 29, 2011, or $350 per day plus administrative fee. The property has 365 days of non-compliance with fines of $350 per day in fines and administrative fee of $730.15, for a total of$128,480.15. Owner of property has complied for lien reduction. Chad Snyder, contractor on behalf of owner, stated the owner lives in the Netherlands and is recently widowed. The lien on the property was not discovered until there was an attempt to sell. The owner has been working with the contractor to bring the property into compliance, in hopes of a lien reduction. The market value is $468,000 and is listed for $539,000. Mr. Snyder is uncertain as to whether the notices were going to the late Mr. Poel or not. There is a property manager taking care of the property who has cooperated with the compliance efforts. City recommends 5%-10% reduction. Decision Based on the testimony, Ms. Zalman reduced the lien to $7,000.00, including the administrative fee. Case Hearing Case No. 19-1158 Po Ying Sem Trust & Sem Po Ying Property Address: 1202 NW 7t" Ct Type of Property: Single-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 Permit required for screen enclosure converted to a room. Officer Guillaume presented the case, which was a Red Tag from Building Department. Initial inspection date December 21, 2017. This is not a repeat violator. Initial courtesy notice July 31, 2019. Thirty days given to bring the property into compliance. Notice sent posted on property and at City Hall on November 27, 2019. Property last inspected December 17, 2019. City recommended property to be in compliance by January 20, 2020, or $50 a day assessed, plus administrative fee of$634.12. Po Ying Sem, owner, was not aware who made these changes to the property, perhaps the previous owner. Ms. Zalman explained that within 30 days, the owner must have someone work with the City to make sure the permits are obtained and to avoid fees. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Decision Based on testimony, Ms. Zalman ordered compliance date of February 1, 2020, or $50 a day fines assessed and administrative fee of$634.12. Lien Reduction Hearing Case No. 11-2840 Lamy Pierre Property Address: 438 SW 10th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date November 14, 2011. The Magistrate hearing was on November 16, 2011, no one appeared. Compliance date given was November 26, 2011, or $100 per day plus administrative fee. The property complied October 29, 2012. The property has 117 days of non-compliance with fines of $100 per day in fines and administrative fee of$730.15, for a total of$12,430.15. Owner of property has complied for lien reduction. Vela Pierre, owner, appeared. Ms. Zalman ascertained that the original violation had to do with an unregistered vehicle and that the property was owned Ms. Pierre since 1996. However, at the time of the violations, Ms. Pierre's older children were living in the house and did not notify her of the notifications. The car in question was given to another family member who removed it. Once Ms. Pierre was aware of the other violations, they were corrected in. Property was quit-claimed to Ms. Pierre by husband in divorce in 2012 and is now her residence. Officer Pierre stated the owner is partially disabled but failed to qualify for a City home maintenance grant because of the lien and recommends lien be waived and charged administrative fees only. Decision Based on the testimony, Ms. Zalman waived the lien and reduced the costs to $730.15 administrative fee. Case Hearing 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 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. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Adam Temple, Community Standards Director, presented the case which previously was heard on November 20, 2019. Ms. Zalman upheld the chronic nuisance declaration by the City, authorizing the City to abate. Prior to executing the order, supplemental information was requested regarding the location incidence; the request was reduced to writing which was shared with the respondents on November 21, 2019. On December 3, 2019, the City provided a notice of hearing, a cover letter, and the additional supplemental reports to the respondents by hand delivery. Thus far, the respondents have not contacted the City to further discuss, nor are the respondents present at this hearing and are unable to examine or challenge said supplemental reports provided by the City. Ms. Zalman reiterated that it was noticed the reports did state that location of the violations were "in the area," and wanted clarification if these incidents happened at the property or were in the area. The Officer stated that sometimes the name of the market is used as a landmark when summoning responders to an incident. Ms. Zalman confirmed receiving supplemental reports by email providing further details on a number of the police reports, which are received into evidence. Officer Greg Cafaro, ID 083, clarified original testimony on all four cases and has personally verified information with officers that they were, in fact, on the property. The respondent had issues, because of the redactions of the reports, as to whether the instances actually took place on the property. Each investigating officer of the four reports filled out a clarification paragraph to be entered into the database of the exact location of the report. Supplemental Report 19020355-13, for incident on April 14, 2019. "This report is to provide further details on where this incident occurred. The incident occurred on the north side of the Cherry Hill Mini Market, that is, actually on the property of the mini-market, in the parking lot of the business. Secondary location was in the roadway where the person ultimately ended up awaiting medical attention and the police to arrive on the NW 12th Avenue corner." This report was provided by Officer Barrios, ID 984, initiating officer on the scene of this particular incident. Officer Cafaro personally spoke with Officer Barrios and numerous other officers involved in that investigation at the time of the supplement. Supplemental Report 19021206-13, for incident on April 18, 2019. "This supplement is to provide additional details on the case. All of the observations of where the suspected drug deals that were taking place occurred on the Cherry Hill Mini Mart property. Both McIntosh and Hollis were named as suspects in the report, were encountered inside the Cherry Hill Mini Mart. The 7.0 grams of heroin seized was located inside a shutter which was attached to the building behind the mini mart." Again, the incident starts inside the store and subsequently ends up at the rear of the store and on the property adjoining the store. Officer Cafaro personally spoke with Officer Herney. In addition to the heroin, there was a stolen 9mm firearm, another 13.9 grams of marijuana located inside a green City of Boynton Beach trashcan leaning against the wall of the Cherry Hill Mini Mart. The 3.4 grams of crack cocaine was located inside a KFC food box, discarded along the Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 northern wall of the Cherry Hill Mini Mart property. This confirms claims that original narcotics dealings were taking place on the mini mart property and most the seizures were on the property itself. Supplemental Report 19021220-3, for incident on April 18, 2019. Report prepared by Officer Jay Rivera, ID 912, one of the original investigating officers. "This supplemental report is to provide further details on the location of where this incident occurred. The incident occurred inside the business of the Cherry Hill Mini Mart, within feet of the cash register. Nothing further at this time." It was for narcotics violations, possession of marijuana. Officer Cafaro personally spoke with Officer Rivera. The officers were spoken to before the previous hearing to clarify these incidents did take place at the premises as testified. Supplemental Report 19025837-2, for incident on May 10, 2019. Report prepared by Agent Cory Herney, ID 927, a narcotics officer. "This supplement is to provide additional details on where the contraband was exactly located. The seized marijuana was located inside a green City of Boynton Beach trashcan which was leaning against the northern wall of the Cherry Hill Mini Mart. The heroin, cocaine, and MDMA was located in two separate, large, black rat traps along the western wall of the Cherry Hill Mini Mart. It should be noted that the Cherry Hill Mini Mart employees have claimed that those rat traps belong to the mini mart. All contraband seized in this case was located on the property of the Cherry Hill Mini Mart. Nothing further at this time." Officer Cafaro spoke to Officer Herney prior to the hearing, but not subsequently in regards to this particular case. Ms. Zalman inquired as to the officers not being present today; Officer Cafaro stated these officers are assigned to narcotics enforcement and work all different hours, often nighttime, and have active cases at the moment. Also, their identities are sensitive to the success of their investigations. The officers have been instructed, going forward, to include such information as above in the original written reports. Shana Bridgeman, City Attorney, had some brief questions for Officer Cafaro- 1) afaro:1) Are these police reports presented to the Magistrate today official records of the police Department? Answer: Yes. 2) Are these police reports official public records of the City of Boynton Beach? Answer: They are public records, yes. 3) Were these police reports created in the normal course of the officer's duty, each officer who prepared the report? Answer: They were. 4) Are you the officer who is designated/assigned as the officer to handle the chronic nuisance matters for the City of Boynton Beach? Answer: I am. 5) Did you obtain this information from your fellow law enforcement officers when you made the determination that the incidents occurred at the Cherry Hill Property? Answer: I had prior to the previous hearing, yes, ma'am. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 6) The printed reports themselves, do they come an official system in the PD? Answer: Yes. 7) Can you explain what that system is to the Magistrate? Answer: We have an internal system that documents all of our police reports, starting from the original call, 911 calls, or how the call is received, whether an officer observes it or picks it up. Once a radio transmission or call is received, it generates a number. These numbers are sealed. They eventually, some morph into a report, some don't. Once they do get a report, anybody that's involved that has relevant information, again, with the idea of criminal prosecution or case solvability, that information is entered in by each individual officer. Every time an officer touches that report, it goes in and any changes, any edits, or any alterations to that report are also documented. It prevents anybody from going back and trying to doctor a report. The only way that a report can be clarified is to have a brand new supplement created to answer the questions that the Magistrate had in regards to each of the four cases. Ms. Zalman asked for clarification if creation of supplements is part of the normal course of business. Officer Cafaro explained that normal course would not be to write this type of supplement; this is something brand new. It may now become part of the normal course of police report writing; but prior to this it was not. 8) Is the act of writing any supplemental report part of the normal course of duty of a police officer in Boynton Beach? Answer: It is. Mr. Temple concluded that to be consistent with how the package was presented previously, these documents would be entered as Exhibits G, beginning with page 83. Ms. Zalman referred back to the original code regarding if the City responded to three or more nuisance activities within 30 days; definitely there is evidence, according to these new supplemental reports, that there were at the premises. As the premises owner is not here to present any argument to the contrary, Ms. Zalman would like added to order already prepared by the City, based upon the supplemental evidence, to reference the new exhibits as part of the entire package. Official records before the Magistrate show there were three more nuisance activities at the premises within the time period to comply with the code. Decision Therefore, Ms. Zalman found that there is a chronic nuisance order here and will await a proposed order to review for immediate issuance. The hope is still that the owner will work with the City to rectify these issues. Economics may be an issue; perhaps there are alternatives that can be suggested to the owner to comply what needs to be done for safety. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 [Ms. Zalman called a four-minute recess, during which time the respondents for the previous case appeared. Ms. Loth recalled the case and swore in the witnesses.] 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 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. Shanna Bridgeman, Assistant City Attorney, stated for the record that this hearing was called for 9:00 a.m. The property owners were properly noticed by hand-delivery of the hearing date and time; they are an hour late. The case began approximately 9:40 a.m. and concluded 10:01 a.m., presenting additional information requested by Magistrate at November hearing. The City has presented all information and did not represent any further information. The City has no objection to the respondent presenting further information so that they may be heard regarding the supplemental reports. Mr. Temple confirmed that the respondents were presented with the supplemental reports at the time that notice was personally served on December 3, 2019, along with follow-up service by mail. Ms. Zalman instructed the respondents of the five supplemental reports, 19020355-13, 19021206-137 19021220-37 19025837-27 19025837-2 entered into evidence for this case and testified by Officer Cafaro as to their validity. Officer Cafaro personally spoke with the officers submitting the reports submitted in answer to Ms. Zalman's question clarifying on each incident if the incident occurred at the property or near the property. The issue of chronic nuisance entered before this date was under Section 15-12H1. The City had the burden to show if there were three or more nuisance activities at the property within 30 days. The supplemental reports provided supported that there were more than three incidents at the property within 30 days. Ms. Bell, daughter of owner, claimed that the green garbage frequently referenced does not belong to the market and they are not responsible for it being left on their property. The market pays for a dumpster which is in the front of the building, not a green garbage can. Neither should the owner be held accountable for substances stashed in rat traps on the property. Ms. Zalman asked Officer Cafaro what the incident was regarding 20 individuals congregating in front of the building resulting in anti-loitering citing (19009797). It was identified as not being one of the cases being considered today and was included by accident in the service for the hearing. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Ms. Zalman next asked about 19021206-13; owners concerned that the trash dumpster was not at the property. The supplemental report states the trash can was leaning against the northern wall of the store, an area shared with the apartment building behind the location. The trashcan is moveable (on wheels), but it was on the store's property with contraband inside it. Ms. Bell referenced report 19021220-3, the incident occurring inside the mini mart within feet of the cash register. Ms. Bell has no recollection of the incident inside the store, but recalls that the man in question was arrested outside, between the apartments and the store, and was not aware of the reason of the arrest. Re: 19020355-13, the location of the shooting that resulted with the person in the street, the respondents do not agree with the way the reports are written putting responsibility on the owners. Re. 19021206-13, respondent reiterated that when told about the incident when it occurred the ownership of the trashcan was by the apartment, not the mini mart. Ms. Zalman agreed with a lot of respondent's common sense points about these incidents; however, restriction by the code of law mandates the evidence presented by officers were that there were four incidences of unlawful activity taking place at the premises. City Code requires that if three or more incidences occur within 30 days, it is a chronic nuisance. Respondents again objected to the public that ignores the signage on her property (loitering, drugs, etc.) and continually break the law but that the owners of the property being penalized for their actions. Ms. Zalman stated that the Code must be enforced and that the recommended safety enhancements (cameras, lighting, fencing) will installed and the bills sent to the owners. Cooperation between the owners and the City was again encouraged to reach some solutions that can be made before the abatement begins. (See Decision above.) Ms. Bell asked Ms. Zalman if the City is attempting to take the property; Ms. Zalman said absolutely not, all that is before the magistrate at this time is the chronic nuisance issue and safety measures on the property. In closing, Mr. Temple stated that the City's position continues to be to work with the property owner to get the recommendations done. As the property owner has delayed enacting the recommendations, the Magistrate was brought into the matter to order that the abatement proceed; however, the City is still willing to work with the owner to accomplish some of the recommendations before the City physically steps in to do the work. The next steps in the resolution were explained to the respondent. Mr. Temple summed up by stating this is not the first chronic nuisance instance in the City and that the others have been resolved successfully. Initiated calls by the business do not count as chronic nuisance instances, the Owners were encouraged to contact the Police Department as often as necessary; Office Cafaro has actually reported back to the Department that the Owners have been instructed to do so to help resolve the problems. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Case No. 19-1732 Jean & Evans Almonor Property Address: 3205 Ocean Pkwy Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 CO CH 15 SEC 15-120D.1.B. Apply for, pass in section for, and obtain a Certificate of Use. Obtain a Business Tax Receipt. Repair driveway, permit may be required. Officer Hart presented the case, which was a routine inspection. Initial inspection date July 19, 2019. Initial notice issued July 19, 2019, via door hanger. Thirty days given to bring the property into compliance. Notice sent posted on property and at City Hall December 5, 2019. Date property last inspected was December 17, 2019, all violations still exist. Date City recommended compliance date of February 1, 2020, or $50 a day assessed, plus administrative fee of$634.12. Evans Almonor, owner, asked for a continuation to March as the ground is saturated and needs to dry out before grass can be planted. The COU and BTR can be accomplished before then. Officer Pierre reminded the Magistrate that the COU/BTR cannot be granted until the grass and driveway pass inspection. Decision Based on testimony, Ms. Zalman ordered compliance date of March 15, 2020, or $50 a day fines assessed and an adjusted administrative fee of$315.12. Case No. 19-2455 Shannon Quigley Property Address: 1954 NE 5t" St Type of Property: Multi-family Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 COU/BTR required for rental. Officer Weixler presented the case. This is not a repeat violator. Initial inspection date August 22, 2019. Initial notice issued August 22, 2019. Fifteen days given to bring the property into compliance. Property was posted on November 8, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by February 1, 2020, or $25 a day assessed, plus administrative fee of $634.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Decision As no one appeared, Ms. Zalman ordered compliance February 1, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2461 Palm Avenue Hialeah LLC Property Address: 1924 NE 5t" St Type of Property: Multi-family Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 COU/BTR required for rental. Officer Weixler presented the case. This is not a repeat violator. Initial inspection date August 22, 2019. Initial notice issued August 22, 2019. Fifteen days given to bring the property into compliance. Property was posted on December 2, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by February 1, 2020, or $25 a day assessed, plus administrative fee of $634.12. Decision As no one appeared, Ms. Zalman ordered compliance February 1, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1355 NKW Portfolio IV LLC Property Address: 2601 NE 1St St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 CO CH 13 SEC 13-16 Apply for, pass inspection for, and obtain a Certificate of Use. Obtain a Business Tax Receipt. Officer Hart presented the case, which was a routine inspection. This is not a repeat violator. Initial inspection date June 20, 2019. Proof of Service sent Certified Mail November 4, 2019, signed green card returned November 14, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by January 15, 2020, or $25 a day assessed, plus administrative fee of $634.12. Decision As no one appeared, Ms. Zalman ordered compliance January 15, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Case No. 19-2626 Elan Elins Property Address: 3293 Grove Rd Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Date posted on the property and at City Hall was December 5, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by January 15, 2020, or$25 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance January 15, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-1202 JWS Investments LLC Property Address: 158 NW 14th Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Based on unforeseen circumstances, it was requested that the case be removed for 30 days. Decision Based on testimony, Ms. Zalman ordered the case be removed for 30 days. Case No. 19-808 Casie & Michael Costello Property Address: 141 SE 25th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Date notice sent Certified Mail was November 20, 2019; green card was returned November 27, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by February 17 2020, or $25 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance February 1, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Case No. 19-2176 Arthur Schmidt Property Address: 1501 SW 18th Dr Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Date property was posted and at City Hall was December 5, 2019. Property was last inspected December 17, 2019, all violations still exist. City recommended property to be in compliance by February 15, 2020, or $25 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance February 15, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2494 Ulises Del Castillio & Moran Mariella Property Address: 710 SW 27th Ter Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Proof of Service sent via Certified Mail November 20, 2019; green card returned December 2, 2019. Property was last inspected December 17, 2019; fence permit is in plans check; all other work has been performed but not permitted; work continued well after Red Tag issued by Building Department. This could be a health and safety hazard as unsure of quality of un-permitted work. City recommended property to be in compliance by February 1, 2020, or$50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance February 1, 2020, or $50 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 Violations Officer Guim presented the case. Proof of Service sent via Certified Mail September 18, 2019; property posted on November 4, 2019, to receive proof of service. Property was last inspected December 17, 2019, trash, debris, soffit boards, facia have complied; all other violations still exist. City recommended property to be in compliance by February 1, 2020, or $25 a day assessed, plus administrative fee of$634.12. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Decision As no one appeared, Ms. Zalman ordered compliance February 1, 2020, or $25 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2621 Karissa Morrow Property Address: 998 Old Boynton Rd 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. Proof of Service sent via Certified Mail November 4, 2019; property posted on December 6, 2019, to receive proof of service. Property was last inspected December 17, 2019, violations still exist. City recommended property to be in compliance by January 15, 2020, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance January 15, 2020, or $50 a day in fines assessed and an administrative fee of$634.12. Case No. 19-2698 Douglas A Smigel Property Address: 2307 N Congress Ave, Unit 13 Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Proof of Service sent via Certified Mail November 4, 2019; property posted on December 6, 2019 to receive proof of service. Property was last inspected December 17, 2019, tenant has complied for license for home-based business; however, owner has not renewed licenses for four years. City recommended property to be in compliance by January 15, 2020, or $50 a day assessed, plus administrative fee of$634.12. Decision As no one appeared, Ms. Zalman ordered compliance January 15, 2020, or $50 a day in fines assessed and an administrative fee of$634.12. Fine Certification Hearing Case No. 19-150 215 S Seacrest LLC Property Address: 107 SW 2nd Ave, Unit 5 Type of Property: Commercial Violation(s): CO CH 15 SEC 15-120D.1.A Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 LDR CH 2 ART 4 SEC 2.8.2 Remove all debris from front of home. Obtain building permits for interior renovations due to water damage. Officer Weixler presented the case. Notice of violation January 24, 2019. Original Magistrate Hearing July 17, 2019. Respondent did not appear. Compliance date September 1, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected December 17, 2019, the violations still exists; permit is in plans check. One hundred nine days of non-compliance at $50 per day or$5,450 plus $634.12 administrative fees, for a total of$6,084.12. Decision As no one appeared, Ms. Zalman certified the fine of$6,084.12, including administrative fee. Case No. 19-1217 Seaside Bungalow 9 LLC Property Address: 125 SE 27th PI Type of Property: Commercial Violation(s): CO CH 13 SEC 13-16 CO CH 12 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 of the swale to the west of the property. Officer Hart presented the case. Notice of violation July 5, 2019. Original Magistrate Hearing October 16, 2019. Respondent did not appear. Compliance date November 7, 2019. Fine proposed was $25 per day plus $634.12 administrative fees. Property last inspected December 17, 2019, the violations still exists. There are currently 42 days of non-compliance at $25 per day, and the fine continues to accrue. The total fine is $1,050 plus $634.12 administrative fees, for a total of$1,684.12. Decision As no one appeared, Ms. Zalman certified the fine of$1,684.12, including administrative fee. III. CHANGES TO THE AGENDA Item Case No. Status 1 19-449 Removed 60 days 2 19-1410 Removed 30 days 3 19-1609 Removed 30 days Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 18, 2019 Item Case No. Status 7 19-1807 Close and recite 8 19-1961 Removed 60 days 9 19-1983 Closed 10 19-2054 Close and recite 11 19-1065 Removed 60 days 12 19-488 Removed 60 days 13 19-694 Removed 90 days 15 19-1668 Removed 30 days 16 19-2542 Removed 30 days 17 19-641 Removed 30 days 19 19-1465 Removed 30 days 21 19-2425 Complied 22 19-2474 Removed 30 days 24 19-2684 Complied 25 19-1781 Closed 26 19-2286 Closed 27 19-2561 Removed 30 days 28 17-2584 Removed 60 days 30 18-1222 Complied 31 19-532 Removed 30 days 33 19-809 Complied 35 19-2285 Removed 30 days 37 19-3257 Removed 30 days 39 19-1851 Complied 42 19-1766 Complied 43 19-1821 Removed 30 days 44 19-2388 Closed 45 19-2467 Complied 46 19-2527 Removed 30 days 47 19-2797 Removed 30 days 48 19-3094 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:06 p.m. [Written by M. Moore, Prototype Inc.] Page 15