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Minutes 03-18-20 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, MARCH 18, 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 9:03 a.m. and explained the Magistrate's role and 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. III. ROLL CALL IV. LIEN REDUCTION HEARINGS Case Hearing Case No. 03-3178 Richard Parsons Property Address: 435 W. Boynton Beach Boulevard Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The Notice of Violation was issued on December 2, 2003. The Code Compliance hearing date was January 19, 2004, and no one appeared. The compliance date and fine was February 20, 2004 or incur a fine of $25 a day. The violation came into compliance on March 17, 2020, having 5,869 days of non-compliance and a fine of $546,725 plus administrative fees. The Respondent complied with all lien reduction processes here today. Bruce Schnitz, representing Marion Parsons, personal representative for the estate of Richard Paul Parsons explained Mr. Parsons died on February 16, 2019. Ms. Parsons was not present and authorized him to act on behalf of her and the estate. Mr. Schnitz read the attached into the record and further stated he had not met the decedent and did Hearing Minutes Community Standards Special Magistrate Boynton Beach, FL March 18, 2020 not know his physical or mental capacity. He entered his property 10 days after he had died and it was apparent he was not able to deal with the issues. His mother was unaware of the situation otherwise, she would have address them. He requested the Ms. Zalman consider his condition and that there are other unresolved issues due to his lack of ability to respond. Mr. Schnitz explained the original violation of the fence was still in good condition, but They took all the wooden fencing and replaced what needed to be replaced, added gates, painted the front of the house and fascia, the sides and a part of the fish market. The property has two buildings on it: Captain Frank's fish market and there is a small residential home to the rear. The original violation was the fence. The landscaped, added sod and mulch and trimmed both the Fish Market and the home. The majority of the expense was to patch, repaired, sealed and restriped the parking lot of the fish market as recommended by the code enforcement officer. It was originally two lots, but is now one lot with two parcel control numbers. Ms. Zalman agreed to consider the expenses to improve the property and the inability of the owner to address it. Mr. Schnitz explained all he presented was directly involved in the next case, because the estate sold one property on NW 3rd Avenue to Mr. Frederick in September. Officer Pierre noted the property on 435 W Boynton Beach Boulevard has two liens and asked if they would be combined. The lien associated with this property was $146,725 plus administrative fees of $730.15. Officer Pierre recommended for this case Ms. Zalman consider 5% to 10%, but he pointed out the second case has a lien of$672K on the same property. Ms. Zalman agreed to hear the cases one at a time. Ten percent of the lien would be $14,672.50 plus administrative fees of$730.15. Five percent would be $7,336 plus administrative fees and costs. Mr. Schmitz commented the numbers were higher than he hoped and but noted he could appeal the decision. Ms. Zalman asked about the plan for the property and learned the estate wanted to sell it. The owner of the fish market was interested in purchasing the property with an all cash deal and there was a verbal agreement. The buyer would pay about $460K. There is a draft contract, but they can not execute it until they know the status of the lien. Ms. Zalman tabled this item to hear the next case and then revisit. Case No. 07-2778 Richard Parsons Property Address: 435 W. Boynton Beach Boulevard Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The Notice of Violation date was September 18, 2007. The Code Compliance Hearing date was November 19, 2007, and no one appeared. The compliance date and fine was December 4, 2007, or $150 a day. The case complied 2 Hearing Minutes Community Standards Special Magistrate Boynton Beach, FL March 18, 2020 March 17, 2020, having 4,486 days of non-compliance and a fine of $672,900 plus administrative fees. Mr. Parson's passed on February 16, 2019. Ms. Zalman noted the evidence is similar to the last case. Mr. Schnitz noted the original fine was $656, but because he was incapacitated the accumulation of fees and fines represents 95% of his outstanding amount. He wanted Ms. Zalman to consider the original violation amount. Ms. Zalman agreed, but the property was sitting in disrepair for 10 years, and it is a problem. Mr. Schnitz explained the property was not in disrepair. A Code Officer walked the property and made recommendations to create more curb appeal, which was the $15,700. It was not in bad shape. Adam Temple, Code Compliance Administrator, explained the City would be fine with a percentage of the agreed sales price of the property and they added the additional mitigation off the purchase price. Mr. Schnitz explained he had an appraisal of $420K and asked if the City would consider 5%on appraised value. There are monthly expenses associated with the property. Five percent of appraised value is still $20,213. Mr. Schmitz explained he would waive his sales commission to help his client. Ms. Zalman requested Mr. Schnitz take a picture of the property appraiser's website and send it to her. She advised she would base her order on Mr. Schnitz's testimony of$424K. If his client rejects the amount, there is an appeal process, which Mr. Temple would review with him. Ms. Zalman, for Case Number 03-3178, reduced the fine to $6,549.25 and waived the administrative fees and costs. Ms. Zalman, for Case Number 07-2778, reduced the lien to $20,213, and included the administrative fees and costs of$730.15. Case No. 08-2631 Richard P. Parsons Property Address: 458 SW 3rd Avenue Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The Notice of Violation was issued on September 11, 2008. The Code Compliance Hearing date was October 16, 2008, and no one appeared. The compliance date and fine was to comply by October 25, 2008, or a fine of $1,000 a day would apply. The violations were corrected on July 22, 2011, having 999 days of non- compliance and a total fine of$99,900, plus administrative fees. Evans Frederick, was present. He is originally from Haiti and he came to the states in 2001. He was introduced to construction and real estate through a customer of his. He attended the meeting to present his case. He has two other properties including the property he acquired in July from the Estate of Mr. Parsons. He made several improvements and he purchased knowing about the liens. He has no record of any 3 Hearing Minutes Community Standards Special Magistrate Boynton Beach, FL March 18, 2020 violations on any of his properties. The property is a residential investment property. There is no tenant at the property as he is improving the property on his time off. The purchase price was $118K, but he had to spend money to come into compliance. He has experience in construction and knows he spent about 29K on the property. The property is not up for sale, but he will rent it. Officer Pierre stated the City's recommendation is the same 5%to 10%. Mr. Frederick spent about$29K on the property, which included about $6K on landscaping, sod and irrigation. He will also redo the driveway and will contract out that work. He spent $4,500 for air conditioning and $14,900 on the roof, and it was done with a permit and the permit is closed out. During the meeting, he emailed a breakdown of his expenditures, which she received and reviewed. Ms. Zalman reduced the lien to $3,545 plus administrative fees of$730.15. Mr. Evans advised the driveway needs to be replaced and requested a further reduction. The driveway is not required by the City, but it is becoming an issue. He is not under contract for the driveway, but estimated it to cost between $700 and $2,500 because he is in the business. She will take it as evidence he would proceed to work on the property and she will consider the $700 and reduce the lien to $2,845 plus administrative fees and costs of$730.15 for a total fine of$3,575.15. Mr. Frederick requested it be lowered to $3,500. Officer Pierre felt Ms. Zalman's reduction amount was appropriate. No further reduction was received. Adjournment Ms. Zalman adjourned the meeting at 9:50 a.m. Catherine Oherry Minutes Specialist 4 TO: MR.PIERRE VESTIGUERNE CITY OF BOYNTON BEACH,FLORIDA FROM:THE ESTATE OF RICHARD PAUL PARSONS MARIAN PARSONS PRESONAL REPRESENTATIVE RE:CASE 07-2778 435 WEST BOYNTON BEACH BLVD/309 NW 4TM STREET On behalf of Marian Parsons,as authorized within the attachments provided,I am submitting a Request for Lien Reduction as provided beginning with Section 2.84 of the City of Boynton Beach City Ordinances and managed by the Board of Community Standards. To this end I offer the following information in support of this request. 1. Richard Parsons was sixty years of age when he passed away at his home in Lantana,Fl.from complications associated with Multiple Sclerosis on February 16,2019. Mr. Parsons'battle with MS lasted 33 years before finally succumbing to this debilitating disease.Over this period of time his motor skills,mental acuity and emotional stability diminished to the point that his last years were spent home bound and bed ridden.Upon his death and continuing todaya year later there is still a number of missing documents,unopened mail and notices from third parties attempting collection of obligations presumably owed to others. 2. Mr.Parsons left no will and no known heirs save his 87-year-old mother,Marian Parsons,who is widowed and living alone in Massachusetts. As sole heir and only immediate family member, the courts named Mrs.Parsons as the personal representative for the estate. Because the emotional stress of losing her only child together with the physical stress of travel and an • overwhelming burden of dealing with matters outside of her skill set and life experiences,I have agreed and been authorized to act on her behalf in all matters of the estate. 3. 'For the past twelve months I have traveled from New York to Florida twice a month as well as twice a month from New York to Massachusetts working on settling this estate On one of these early trips I discovered two unpaid water bills for the City of Boynton Beach for$5,637 and $5235.The former for 458 SW 3RD Ave(Case 08-2631)and the latter for this Case 07-2778. Mrs. Parsons immediately authorized me to pay these bills,even without knowing at that time what lay ahead with the Code Enforcement issues. 4. In August of 2019 the estate entered into a contract to sell 458 SW 3RD Ave. It was at the closing that the lien associated with Case 08-2631 was discovered and the Buyer agreed to take subject to the lien and resolve the matter with the City of Boynton Beach once the rehab of the property was completed and with no open permits pending. I expect the new owners to address this matter with the City shortly. The Case I am addressing here wasn't discovered until later in September and I began to resolve the matter at that time and continue to do so today. Based upon the recommended improvements and repairs suggested by the City's code enforcement officer,the estate has spent$15,740(including travel meals and lodging)to address this matter. See attached accounting for same which includes Survey and permitting costs, new fencing and gates,new sod, landscaping and painting,as well as paving,sealing and striping of the parking lot. 5. As of this writing,the total lien exceeds$700,000 and continues to accrue at$150 per day.My understanding is that the original violation was for constructing a 40 footlong 6-foot-tall wooden fence without benefit of a permit. Considering the deceased's declining mental and physical health over a long period of time and the curb appeal created at the property by recent repairs and improvements, The Estate of Richard Parsons requests that the lien associated with Case 07-2778 be reduced to zero and released from the records of Palm Beach County. Further,when the new owner of 458 SW 3R°appears for lien reduction in Case 08-2631 that the above facts be taken into account at that time and any liens removed as well. Respectfully submitted, The Estate of Richard Paul Parsons Marian R.Parsons Personal Representative By Bruce Schnitz-Authorized Agent