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Minutes 02-19-20 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, FEBRUARY 19, 2020, 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 9:06 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. 19-2460 BAC Home Loans Servicing/Palm Avenue Hialeah LLC Property Address: 1930 NE 5t" St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for, pass inspection, and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Officer Weixler presented the case, which was a routine inspection. Initial inspection date April 22, 2019. Not a repeat violator. Written notice was given on April 22, 2019. Fifteen days were given to comply, plus two 30-day extensions (one on October 3, 2019, and one on November 20, 2019). Date notice sent Certified Mail January 16, 2020, green card signed January 23, 2020. Property last inspection February 18, 2020, violations still exist. City recommended property to be in compliance by March 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 A representative of BAC Home Loans Servicing LP was served and had appeared, but left when informed no longer the owner since foreclosure of the property in 2011. There were three other owners of the property before current owner Palm Avenue Hialeah LLC. There may be an error in the system, Ms. Loth will investigate. Decision Ms. Zalman voided original order and will remove this case until proper service has gone to current owner. (see page 6 below) Fine Certification Hearing Case No. 19-3112 Renaissance Office & Storage Tenant: Marketing Group of America Property Address: 1880 N Congress Ave, Unit 330 Type of Property: Commercial Violation(s): As noted in the Notice of Violations John Moore, Fire Inspector, presented the case. Original Magistrate Hearing December 18, 2019. Respondent did not appear. Compliance date January 3, 2020. Fine proposed was $25 per day plus $100.00 administrative fees. Invoice paid January 24, 2020. There are 20 days of non-compliance at $25 per day. The total fine is $500 plus $100 administrative fees, for a total of$600. Rigoberto Ruiz, Senior Asset Mgr., for owner, presented affidavit to speak and stated the tenant was being evicted at the time the Special Magistrate order was received. Eviction was for non-payment and other issues going back to August and September. Decision Based on the testimony, Ms. Zalman reduced and certified the fine to $250 plus administrative fees of$100, for a total of$350. Case No. 19-1893 Ellington & Charlene Beckles Property Address: 300 NW 16th Ct 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 15-120D, 1A, E, H LDR A2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56B, D, E Apply for, pass inspection for Certificate of Use and Business Tax Receipt for home rental. Building permit for new AC is required. Exterior door permanently sealed with Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 locks. Soffit screens painted. Door nob front door missing. Property overgrown with outside storage. Damaged fence. Ceiling leaks when rains. No weather stripping on exterior doors. Officer Weixler, presented the case. Notice of violation July 26, 2019. Original Magistrate Hearing November 20, 2019. Respondent did not appear. Compliance date December 30, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected February 18, 2020, violations still exist. There are currently 51 days of non-compliance at $50 per day, and the fine continues to accrue. The total fine is $2,550 plus $634.12 administrative fees, for a total of$3,184.12. Emerson and Errol Beckles, sons of owners, spoke of communications with Officer Weixler. When violations occurred, the tenant was evicted in November. The intent was to shut the house down while repairs were done, but out of town job interfered. Claims to have asked Officer Weixler if it would be okay to rent out the property to keep the income coming to put towards repairs. Property is currently occupied. However, AC must be installed before COU/BTR can be obtained. Ms. Zalman advised the respondents of possibility of lien reduction hearing once violations have complied. The fine will continue to accrue whether or not the property is occupied. Decision Based on testimony, Ms. Zalman reduced the administrative costs to $384.12, certified the fine of$2,934.12, including administrative fee; the fine continues to accrue. Case No. 19-2311 FYR SFR Borrower LLC Property Address: 280 N Atlantic Dr Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Obtain Business Tax Receipt. Apply for, pass inspection, and obtain Certificate of Use and Occupancy. Mow the yard and swale. Officer Karageorge, presented the case. Notice of violation August 13, 2019. Original Magistrate Hearing November 20, 2019. Respondent did not appear. Compliance date December 30, 2019. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected February 18, 2020, violations still exist, but there has been progress. BTR met, COU outstanding as several items on inspection failed. There are currently 51 days of non-compliance at $50 per day, and the fine continues to accrue. Administrative fees of$634.12 have been paid. The total fine is $2,550. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 Leo Farias, Renovation Manager for owner, presented power of attorney to speak; however, this was not accepted in lieu of a notarized affidavit from the owner. Decision As no one was authorized to appear, Ms. Zalman certified the fine at $2,550; the fine continues to accrue. Lien Reduction Hearing Case No. 13-2545 Perry & Martha Price Property Address: 317 Gateway Blvd. 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 22, 2013. The Magistrate hearing was on February 19, 2014, no one appeared. Compliance date given was March 6, 2014, or $100 per day plus administrative fee. Date of compliance was December 19, 2019. The property has 2,113 days of non-compliance with fines of $100 per day in fines for a total of $211,300, plus administrative fee. Owner of property has complied for lien reduction. Patrick Price, current owner, stated he had purchased the house from his father March 2019 and discovered the liens at that time. The house is vacant, Mr. Price intends to live there with his family once renovations are finished. Records and receipts were presented for roof, doors, interior and exterior walls, hurricane windows installed; $23,000 in costs. Value of house approximately $110,000. City recommended 10% due to length of time the property was in disrepair. Ms. Zalman took into consideration funds spent to bring into compliance, that the owner plans to live there, and community is improved. Owner asked for further reduction, if possible, due to hardship from maxed-out credit cards to make repairs. Decision Based on the testimony, Ms. Zalman reduced the lien to $3,500, including the administrative fee. Case No. 16-604 Elisha & Eunice Schoburgh Property Address: 75 South Palm Drive 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 March 15, 2016. The Magistrate hearing was on May 18, 2016, someone appeared. Compliance date given Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 was May 23, 2016, or $100 per day plus administrative fee. Date of compliance was January 20, 2020. The property has 1,336 days of non-compliance with fines of$100 per day in fines for a total of $133,850, plus administrative fee. Owner of property has complied for lien reduction. (See related Case 16-1118, below.) Officer Pierre presented documentation to Ms. Zalman. Joshua Christensen, attorney for current owner 75 South Palm LLC, explained the application packet with invoices for the rehab. Over $39,000 has been spent to bring property into compliance for sale or possibly for use as a rental. Property was purchased in July 2019, for $78,000, there was a post-occupancy agreement. The asking price for the property is $222,000. City recommended 10% of lien, keeping in mind the lien for the related case; Mr. Christensen asked for 5%. Decision Based on the testimony, Ms. Zalman reduced the lien to $10,400, plus the administrative fee. Case No. 16-1118 Elisha & Eunice Schoburgh Property Address: 75 South Palm Drive 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 25, 2016. The Magistrate hearing was on September 21, 2016. Compliance date given was October 21, 2016, or $150 per day plus administrative fee. Date of compliance was January 20, 2020. The property has 1,185 days of non-compliance with fines of $150 per day in fines for a total of $177,750, plus administrative fee. Owner of property has complied for lien reduction. (See related Case 16-604, above.) Joshua Christensen, attorney for current owner 75 South Palm LLC, explained the application packet with invoices for the rehab. See testimony for Case 16-604. City recommended 10% of lien, keeping in mind the lien for the related case; Mr. Christensen asked for 5%. Decision Based on the testimony, Ms. Zalman reduced the lien to $13,000, waiving the administrative fees. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 Case Hearing Case No. 19-2204 Inversaiones Sorrento Inc. Property Address: 1843 NE 5t" St Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. City recommended property to be in compliance by March 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance date of March 20, 2020, or $25 a day fines assessed and administrative fee of$384.12. Case No. 19-2460 BAC Home Loans Servicing/Palm Avenue Hialeah LLC Property Address: 1930 NE 5t" St Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for, pass inspection, and obtain a Certificate of Use and Occupancy and Business Tax Receipt. Officer Weixler asked to revisit this case presented at the beginning of the proceedings. Three letters were sent to three owners, one was in error to the old owner, but two were sent to the proper owner, Palm Avenue Hialeah LLC; two certified notices were received from them. Decision Based on this testimony, Ms. Zalman entered the order of compliance by March 20, 20207 for $25 per day, plus administrative fees of$384.12. Case No. 19-2776 Jennifer & David Rodgers Property Address: 939 Chapel Hill Blvd Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Daniels presented the case and asked that it be removed for 30 days; owner is in the process of having the vehicle towed. Decision Ms. Zalman ordered the case be removed 30 days. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 Case No. 19-1976 Lisa Hart Property Address: 1214 NW 7t" St Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Guim presented the case, which was a routine inspection. Initial inspection date was September 12, 2019. Property posted February 7, 2020. At this time, violations still exist. This is not a health and safety hazard. City recommended compliance date March 20, 2020, or $50 per day plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of March 20, 2020, at $50 per day plus administrative fee of$384.12. Case No. 19-3055 Seymour Watson Property Address: 1272 Via Flume Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Guim presented the case, and asked that the case be removed for 30 days. Decision Ms. Zalman ordered the case be removed 30 days. Case No. 19-3331 Farronay Properties LLC Property Address: 1900 Meadows Cir W Type of Property: Vacant Property Violation(s): CO CH 10 SEC 10-2 Please mow all overgrown areas, trim overgrown vegetation, remove any trash and debris within 50 feet of the boundary of any adjacent property. Officer Guim presented the case, which is a citizen complaint. This is a vacant property in the middle of a residential zone and overgrowth invades the surrounding properties. In speaking with owner, there is a problem getting permit to build because of the community is not letting them. The property is not enclosed. Notice sent Certified Mail December 30, 2019, service was received. Violation still exists. City recommended compliance date March 20, 2020, or $25 per day plus administrative fee of$384.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 Decision As no one appeared, Ms. Zalman ordered compliance date of March 20, 2020, at $25 per day plus administrative fee of$384.12. Fine Certification Hearing 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 13-16 CO CH 13 SEC 13-7 INCL Obtain Business Tax Receipt. Apply for, pass inspection, and obtain a Certificate of Use. Officer Karageorge presented the case. Notice of violation June 20, 2019. Original Magistrate Hearing December 18, 2019. Respondent did not appear. Compliance date January 15, 2020. Fine proposed was $25 per day plus $634.12 administrative fees. Violations still exist. Property last inspection February 18, 2020, failed COU inspection. There are 20 days of non-compliance at $25 per day. The total fine is $875 plus administrative fees of$634.12, administrative fees, for a total of$1,509.12. Decision As no one appeared, Ms. Zalman certified the fine to $1,509.12, including administrative fees. Case No. 19-1929 Sherrah Campbell Property Address: 8281 Bermuda Sound Way Type of Property: Commercial Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 INCL CO CH 15 SEC 15-120D.1.A. Obtain Business Tax Receipt. Apply for, pass inspection, and obtain a Certificate of Use. Inoperable vehicle with no current tag. Officer Guim presented the case. Notice of violation August 5, 2019. Original Magistrate Hearing November 20, 2019. Respondent did not appear. Compliance date December 30, 2019. Fine proposed was $50 per day plus $384.12 administrative fees. Violations still exist. Property last inspection February 18, 2020, failed COU inspection. There are 50 days of non-compliance at $50 per day, fine continues to accrue. The total fine is $2,500 plus administrative fees of$384.12, administrative fees, for a total of$2,884.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 19, 2020 Decision As no one appeared, Ms. Zalman certified the fine to $2,884.12, including administrative fees. III. CHANGES TO THE AGENDA Item Case No. Status 3 19-2418 Removed 30 days 4 19-1668 Removed 30 days 5 19-2776 Removed 30 days 6 19-1841 Removed 30 days 7 19-2604 Removed 30 days 9 19-3055 Removed 30 days 11 19-2611 Removed 30 days V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:21 p.m. [Written by M. Moore, Prototype Inc.] Page 9