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Minutes 01-15-20 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, JANUARY 15, 2020, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Community Standards Director Norma Loth, Community Standards Associate I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:07 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 Fine Certification Hearing Case No. 19-2681 Oakwood Square, ENA 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. Notice of violation April 8, 2019. Original Magistrate Hearing November 20, 2019. Respondent did not appear. Compliance date November 27, 2019. Fine proposed was $150 per day plus $100.00 administrative fees. Property last inspected December 17, 2019, the violations still exist. There are currently 50 days of non-compliance at $150 per day, and the fine continues to accrue. The total fine is $7,500 plus $100 administrative fees, for a total of$7,600. Decision As no one appeared, Ms. Zalman certified the fine of$7,600, including administrative fee. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Case No. 19-3062 Catherine Allen Property Address: 318 NE 20th Ave Type of Property: Single-family, homesteaded Violation(s): 4-36 Country Registration 4-37 Rabies Vaccinations Liz Roehrich, Animal Cruelty Investigator, presented the case. Notice of violation October 16, 2019. Original Magistrate Hearing November 20, 2019. Respondent did not appear. Compliance date December 1, 2019. Fine proposed was $250 per day plus $634.12 administrative fees. Respondent last contacted by phone January 14, 2020, the violations still exist. There are currently 46 days of non-compliance at $250 per day, and the fine continues to accrue. The total fine is $11,500 plus $634.12 administrative fees, for a total of$12,134.12. Decision As no one appeared, Ms. Zalman certified the fine of$12,134.12, including administrative fee; the fine continues to accrue. Case Hearing Case No. 19-539 Deivin Guzman Property Address: 101 Azalea Cr 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 COU and BTR required for home rental. Building permit required for all interior and exterior renovations. Officer Weixler presented the case, which was a Red Tag from the Building Department. Initial inspection date March 26, 2019. Thirty days given to bring the property into compliance. Notice posted on property and at City Hall on January 3, 2020. Red tag issued on August 28, 2019, only a partial permit was pulled, not all permits have been pulled at this time. City recommended property to be in compliance by March 1, 2020, or $25 a day assessed, plus administrative fee of$384.12. Deivin Guzman, owner, stated this is not an investment property, but is his house. Ms. Zalman stressed that any structural changes to a home require permits. Officer Weixler stated that the deputy building official and he had walked through the entire house, pointing out what needs to be done, per the Red Tag: Dated 8/28/2019. "Interior remodel kitchen, stairs, bathroom, post replacement, enclosing bathroom window upstairs, and front of home. Building and electric permits required." The correction process was explained to Mr. Guzman, who stated he bought the property six months prior, as is. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 There was some hurricane damage. It was recommended the owner call and speak directly with the Building Inspector who had visited the property for precise directions on what needs to be by March 1, 2020. Decision Based on the testimony, Ms. Zalman ordered compliance date of March 1, 2020, or $25 a day fines assessed and administrative fee of$384.12. Case No. 19-1404 Tracy Allen Property Address: 232 SE 25th Ave Type of Property: Single-family, homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56D Obtain permit for fence installed without a permit. A minimum of 4 inch house numbers must be displayed on exterior of home, visible from the City street. Officer Hart presented the case, which was routine inspection. Initial inspection date June 24, 2019. Initial courtesy notice July 16, 2019. Thirty days given to bring the property into compliance. Notice sent Certified Mail was December 12, 2019, signed green card was dated December 19, 2019. Permits are in plans check awaiting corrections since July 2019; house number has been installed. Property last inspected January 14, 2020. City recommended property to be in compliance by March 1, 2020, or $25 a day assessed, plus administrative fee of$384.12. Tracy Allen, owner, stated the permit was applied for when she learned it was needed. Every month she checked on the status as she was told she would be called with this information, not knowing she needed to check comments on the website. The original fence for the house remains, the new one has been built inside the fence, so does not understand about the easement language. Ms. Zalman proposed tabling the case for 30 days due to the misunderstanding and to follow up with Officer Hart on the easement issue. Decision Based on testimony, Ms. Zalman tabled the case for 30 days. Case No. 19-2049 Philippe Granchamb Property Address: 121 W Ocean Dr Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-15 CO CH 13 SEC 13-7 INCL CO CH 10 SEC 10-52 Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 CO CH 15 SEC 15-120B.2.a. CO CH 15 SEC 10-56D Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Remove all inoperable/unregistered vehicles from the property. Remove all trash and debris from the right-of- way, special pick-up required. Repair all missing windows. Officer Hart presented the case, which was routine inspection. Initial inspection date July 31, 2019. Initial courtesy notice August 12, 2019. Fifteen days given to bring the property into compliance. Date property was posted and at City Hall was January 3, 2020. In speaking with resident, they stated they were not the owners but rented; later visits revealed the house was owner-occupied. Trash and debris and vehicles have been removed, but windows are still missing. Property last inspected January 14, 2020. City recommended property to be in compliance by February 15, 2020, or$25 a day assessed, plus administrative fee of$384.12. Philippe Granchamb, owner, spoke through interpreter Cynthia Lexis. Ms. Zalman ascertained that the owner is the resident and he does not understand why he was called to appear. This was explained to the owner, primarily the missing windows, as the BTR/COU is not needed if owner occupied. Owner has a quote from a window company to do the installation, but it was explained that he is not in compliance until the installation is completed and inspected. Owner agreed he could comply by February 15. The responsibilities and the process going forward were explained to the respondent. Ms. Zalman extended the compliance date to March 1, 2020. Decision Based on the testimony, Ms. Zalman ordered compliance date of March 1, 2020, or $25 a day fines assessed and administrative fee of$384.12. Fine Certification Hearing Case No. 19-370 Claude L Pierre Property Address: 148 SW 14th Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120D.1.a CO CH 15 SEC 15-120D.1.b CO CH 15 SEC 15-120D.1.h LDR CH 2 ART 4 SEC 2.8.2 Repair fence. Remove overgrowth. Remove outside storage. Remove trash and debris. Permit required for existing structures, sheds, and tents. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Officer Weixler presented the case. Notice of violation February 25, 2019. Original Magistrate Hearing September 20, 2019. Respondent did not appear. Compliance date December 15, 2019. Fine proposed was $25 per day plus $634.12 administrative fees. Property last inspected January 14, 2020, the property is in compliance. There are 32 days of non-compliance; however, City recommends this be backdated to the compliance date so there is no fine, only the administrative fee of$384.12. Lauila Jean Pierre, owner, appeared. Decision Based on the testimony, Ms. Zalman certified the fine of administrative fee of$384.12. Case No. 18-2546 Boynton Partners LLC Property Address: 410 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1 INCL LDR CH 2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Pressure clean side-walk (removed). Sod and de-weed front yard area (removed). Replace missing window screens. Obtain a permit for air conditioner installed without a permit. Officer Hart presented the case. Notice of violation December 14, 2018. Original Magistrate Hearing November 20, 2019. Jeremy LeVine did appear. Compliance date December 1, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected December 12, 2019, the violations complied. There are currently 12 days of non-compliance at $50 per day. The total fine is $600 plus $634.12 administrative fees, for a total of$1,234.12. Jeremy LeVine, representative, again did not have proper affidavit authorizing testimony, so could not speak on behalf of respondent. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,234.12, including administrative fee. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Case No. 18-2547 Boynton Partners LLC Property Address: 412 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1 INCL LDR CH 2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Pressure clean side-walk (removed). Sod and de-weed front yard area (removed). Remove all trash and debris. Replace missing window screens. Obtain a permit for air conditioner installed without a permit. Officer Hart presented the case. Notice of violation December 14, 2018. Original Magistrate Hearing November 20, 2019. Jeremy LeVine did appear. Compliance date December 4, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected December 12, 2019, the violations complied. There are currently 8 days of non-compliance at $50 per day. The total fine is $400 plus $634.12 administrative fees, for a total of$1,034.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,034.12, including administrative fee. Case Hearing Case No. 19-2605 Sayisman Turgut Tolgahan Property Address: 109 Gateway Blvd Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 CO CH 15 SEC 15-120E.2.b Apply for, pass inspection for, and obtain certificate of use and occupancy. Obtain a business tax receipt. Pressure wash the roof. Officer Hart presented the case for Officer Karageorge, which was a routine inspection. Initial inspection date September 4, 2019. Written notice issued October 30, 2019. Fifteen days given to bring the property into compliance. Date notice posted on property and at City Hall was January 3, 2020. Property last inspected January 14, 2020, the BTR Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 and COU have not been applied for, roof still needs to be cleaned. City recommended property to be in compliance by February 15, 2020, or $25 a day assessed, plus administrative fee of$384.12. Tugana Boynuince, representative of owner, presented affidavit to speak for respondent which was not notarized. As owner is out of country, the representative was allowed to listen to the order though unable to speak. Ms. Zalman stated this is a rental property and the proper permits have not been applied for: 1) the agent or owner needs to contact City for proper BTR and COU; 2) order to pressure-clean the roof for appearance purposes. The compliance date was extended due to owner being out of the country. Decision As no one was present to testify, Ms. Zalman ordered compliance date of February 28, 2020, or $25 a day fines assessed and administrative fee of$384.12. Lien Reduction Hearing Case No. 13-2351 Bank of New York Trust Property Address: 1411 NW 1 st Ct Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Notice of violation date October 25, 2013. The Magistrate hearing was on March 19, 2014, no one appeared. Compliance date given was March 29, 2014, or $150 per day plus administrative fee. Date of compliance was June 10, 2015. The property has 437 days of non-compliance with fines of$150 per day in fines and administrative fee of$1,018.24, for a total of$66,568.24. Owner of property has complied for lien reduction. Hillarey McCall, counsel for current owner, stated the respondent inherited this lien and once hearing of it immediately brought the property into compliance. The property was brought into compliance at a cost of$18,572.80 before the purchase date of August 217 2015. A cost breakdown was given on what was done to bring the property into compliance. The property is currently under contract, subject to the lien reduction. City recommended 10% reduction; counsel asked for a greater reduction due to the property being brought into compliance by owner before even purchasing the property. Decision Based on the testimony, Ms. Zalman reduced the lien to $4,659.78, including the administrative fee. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Case Hearing Case No. 19-1211 215 S Seacrest LLC Property Address: 107 SW 2nd Ave, Unit 3 Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Daniels presented the case for Officer Weixler. This is not a repeat violator and is not a health and safety hazard. City recommended property to be in compliance by March 1, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of March 1, 2020, or $25 a day fines assessed and administrative fee of$384.12. Case No. 19-3197 Chery Fleurimont Property Address: 540 NW 20th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Daniels presented the case for Officer Weixler. This is not a repeat violator and is not a health and safety hazard. This is a nuisance abatement order to allow the City to tow an oversized vehicle which has received numerable notices. City recommended $100 fine per each occurrence plus administrative fee of$384.12. (Case continued page 13.) Decision As no one appeared, Ms. Zalman ordered $100 fine per each occurrence plus administrative fee of$384.12. Case No. 19-484 Julia K Diehl Property Address: 221 Pine Point Dr Type of Property: Single-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.8.2 Obtain permits for kitchen remodel done with out permits as in Notice of Red Tag. Officer Hart presented the case for Officer Karageorge. Proof of service by Certified Mail sent November 5, 2019, green card dated November 26, 2019. City recommended property to be in compliance by March 1, 2020, or$50 a day assessed, plus administrative fee of$384.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Decision As no one appeared, Ms. Zalman ordered compliance date of March 1, 2020, or $50 a day fines assessed and administrative fee of$384.12. Case No. 19-682 Frederick Moore Property Address: 3035 E Palm Dr Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case for Officer Karageorge. Date notice posted on property and at City Hall January 3, 2020. City recommended property to be in compliance by February 25, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of February 25, 2020, or $25 a day fines assessed and administrative fee of$384.12. Case No. 19-2762 Benham LLC c/o David Benhamou Property Address: 240 NW 20th Ct Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Repair windows in front of house. Officer Hart presented the case for Officer Karageorge. Property was posted and at City Hall on January 3, 2020. BTR has not been applied for, windows appear to have been repaired. City recommended property to be in compliance by February 15, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of February 15, 2020, or $25 a day fines assessed and administrative fee of$384.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Case No. 19-2798 New Ocean 1 LLC Property Address: 170 S Atlantic Dr E Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL Apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Officer Hart presented the case for Officer Karageorge. Date notice sent Certified Mail December 12, 2019, green card signed December 23, 2019. Property failed inspection December 13, 2019. There are tenants, violations include several missing window screens, yard needing sod, and three missing smoke detectors. City recommended property to be in compliance by February 15, 2020, or $50 a day assessed, plus administrative fee of$384.12. Ms. Zalman changed compliance to February 5, 2020 Decision As no one appeared, Ms. Zalman ordered compliance date of February 5, 2020, or $50 a day fines assessed and administrative fee of$384.12. Case No. 19-532 Seashore Industries Inc Property Address: 513 N Federal Hwy Type of Property: Commercial Violation(s): CO CH 15 SEC 15-120E.2.a. CO CH 10 SEC 10-52 LDR CH 4 ART 3 SEC 11 Stripe and seal parking lot, permits required. Remove all inoperable/unregistered vehicles from property (complied). Pressure clean front of building to remove dirt and grime (complied). Officer Hart presented the case. Date notice sent Certified Mail December 25, 2019, green card signed January 2, 2020. Parking lot has been resealed, has not been striped, permits have not been obtained. City recommended property to be in compliance by February 15, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of February 15, 2020, or $25 a day fines assessed and administrative fee of$384.12. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Fine Certification Hearing Case No. 18-2549 Boynton Partners LLC Property Address: 416 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1 INCL LDR CH 2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Obtain Business Tax Receipt. Pressure clean side-walk (removed). Sod and de-weed front yard area (removed). Replace missing dryer vent to cover large hole (complied). Replace missing window screens. Obtain a permit for air conditioner installed without a permit. Officer Hart presented the case. Notice of violation December 14, 2018. Original Magistrate Hearing November 20, 2019. Jeremy LeVine did appear. Compliance date December 4, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected December 14, 2019, the violations still exist. There are currently 43 days of non-compliance and fine continues to accrue at $50 per day, plus administrative fees $634.12. The total fine is $2,784.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $2,784.12, including administrative fee. Case No. 18-2551 Boynton Partners LLC Property Address: 424 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Compliance date December 2, 2019, but system did not reflect it until December 4, 2019. City recommends certification of administrative fees of $634.12. Decision Based on testimony, Ms. Zalman certified the fine of$634.12. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Case No. 18-2626 Boynton Partners LLC Property Address: 520 SW 1St St Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Compliance date December 2, 2019, but system did not reflect it until December 4, 2019. City recommends certification of administrative fees of $634.12. Decision Based on testimony, Ms. Zalman certified the fine of$634.12. Case No. 18-3038 Boynton Partners LLC Property Address: 613 SW 1St Ct Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Compliance date December 2, 2019, but system did not reflect it until December 4, 2019. City recommends certification of administrative fees of $634.12. Decision Based on testimony, Ms. Zalman certified the fine of$634.12. Case No. 19-1858 Anderson Murat Property Address: 627 NW 1 st Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120B.2 INCL CO CH 15 SEC 15-120D.1.b. Repair and seal driveway, permits may be required. Remove construction debris from right of way, special pick-up may be required (complied). Officer Hart presented the case. Notice of violation August 13, 2019. Original Magistrate Hearing October 16, 2019. No one appeared. Compliance date November 16, 2019. Fine proposed was $25 per day plus $634.12 administrative fees. Property last inspected January 14, 2020, the violations still exist. There are currently 61 days of non-compliance and fine continues to accrue at $25 per day, plus administrative fees $634.12. The total fine is $2,159.12. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 Decision As no one appeared, Ms. Zalman certified the fine of$2,159.12, including administrative fee. Case No. 19-2975 1701 S Congress Ave LLC Property Address: 1701 S Congress Ave Type of Property: Vacant Lot Violation(s): LDR CH 3 ART 4 SEC 3-D Property being used a vehicle transportation transfer. Officer Hart presented the case. Notice of violation August 13, 2019. Original Magistrate Hearing November 20, 2019. No one appeared. Compliance date December 10, 2019. Fine proposed was $100 per day plus $634.12 administrative fees. Property last inspected January 14, 2020, the violations still exist. There are currently 37 days of non- compliance and fine continues to accrue at $100 per day, plus administrative fees $634.12. The total fine is $4,334.12. Decision As no one appeared, Ms. Zalman certified the fine of$4,334.12 and continues to accrue, including administrative fee. Case Hearing Case No. 19-3197 Chery Fleurimont Property Address: 540 NW 20th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Case continued from Page 8, respondent arrived late [name illegible on sign-in sheet, difficulty understanding speech]. Officer Daniels stated the file does show that there is a vehicle with an expired tag and a flat tire; it was ascertained that the vehicle has already been removed.. Ms. Zalman questioned the respondent and explained the violation, costs involved, that another place to park the truck must be found other than a residential neighborhood for longer than 15-30 minutes. Respondent was instructed to contact Officer Weixler for resolution. Decision Based on testimony, Ms. Zalman ordered $100 fine for each occurrence, plus administrative fee of$384.12. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 15, 2020 III. CHANGES TO THE AGENDA Item Case No. Status 1 19-3453 Complied 5 19-2241 Removed 30 days 6 18-2056 Removed 30 days 12 19-2972 Removed 30 days 15 19-2045 Removed 30 days 17 19-2330 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:38 p.m. [Written by M. Moore, Prototype Inc.] Page 14