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Minutes 05-20-20 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD ONLINE VIA ZOOM BOYNTON BEACH, FLORIDA ON WEDNESDAY, MAY 20, 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. She thanked all for joining the online meeting and explained how the meeting would proceed. She explained how liens are incurred and advised the City will present its case first and then the respondents will present theirs. All testimony is given under oath. Respondents are able to present witnesses and question the officers and she will consider the arguments, recommendations and evidence of both parties, the gravity of the violations, efforts to comply and prior violations, and make a ruling. Respondents will receive an order in the mail following the hearing. If the respondent wants to appeal her determination from this hearing, they are appealable to the City Commission. She explained how to proceed to release the lien II. INTRODUCTION AND SWEARING IN OF WITNESSES Norma Loth, Community Standards Associate, administered an oath to all those intending to testify. III. ROLL CALL Ms. Loth called the roll and determined who was present. IV. LIEN REDUCTION HEARINGS Case Hearing Case No. 17-1056 Sean W. Dalton Property Address: 124 SW 11th Avenue Type of Property: Single-Family Violation(s): Per the Notice of Violation Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 Officer Pierre presented the case. The Notice of Violation was sent June 19, 2017, for the cited violations. The hearing was August 16, 2017, and no one appeared. The compliance date and fine was to comply September 29, 2017, or a fine of $150 a day. The violations were corrected February 3, 2020, having 855 days of noncompliance and accruing a fine of $128,250, plus administrative fees. Mr. Dalton complied with all lien reduction requirements to appear. Ms. Zalman noted Mr. Dalton did not submit paperwork to her ahead of the hearing. Sean Dalton, was present and having difficulty with the audio. The case was deferred to later in the meeting. This case was revisited at 9:37 a.m. as noted below. Sean Dalton explained in 2015, he rented the property. During the process of obtaining a Certificate of Occupancy and he dealt with former Code Officer Courtney Cain. Officer Cain inspected the property and all was fine, but he needed a front lawn. He also had a parking area in the front of house that was overgrown, and there was brick barrier to the divide the lawn from the parking area. Officer Cain advised he could rejuvenate the area and add additional area and turn it back to a parking area, which he did and he received his CO. Years later, he heard about it being an issue. Mr. Dalton lived in the home for the first three years, then rented it and now he is back in the property 26 months. It is homesteaded, but due to financial situations, he has to sell the house and that was how he discovered the lien. The home is under contract and the offer was $337K. Mr. Dalton explained he has recently lost his job and his father. His mother recently moved to Florida and he will now live with her. Mr. Dalton explained he was never notified of the information. During hurricane Irma he noticed the tenant neglected the property. He got on notice the lawn was overgrown, which he addressed, and he never heard anything again. Ms. Zalman noted the contact address was at the premises, and he should have updated his address when he rented it, which was why he did not receive the mail. He agreed, but he had never rented his property before. She asked if there was a closing date and learned it was June 1 st The City recommended a 5% reduction, which would be $6,412.50 plus administrative fees of $730.15. She asked if Mr. Dalton spent any money to bring the property into compliance. Mr. Dalton responded he spent money to repair the fence and further commented he thought 5% was high. The parking area was there since the 60s and it was pre-existing. Officer Pierre clarified the tenant had trash, overflowing garbage cans and the property was overgrown. He noted the parking area complied because the City fixed the swale area. Ms. Zalman asked how much the City spent on the swale. Officer Pierre did not know because the City fixed everyone's swale. Mr. Dalton agreed there previously was trash, but not since he has occupied the property, He did not feel like he should have to pay for the last two years when there was no violation and that 5% was harsh. 2 Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 Ms. Zalman contemplated the fine and decided the fine would be reduced to $5,140, which included the administrative fees, and felt the amount should allow the sale of the home to go through. She advised he will receive an order in the mail. Case No. 01-2090 A. Coleman Jr. Property Address: 433 NW 5t" Avenue Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The notice of violation was sent August 16, 2001. The hearing date was November 21, 2001, and no one appeared. The compliance date and fine was December 3, 2001, or $25 a day. The violations were corrected on December 11, 2019, having 6,581 days of noncompliance accruing a fine of $164,525, plus administrative fees. Mr. Coleman has complied with all lien reduction requirements to appear. Cimarron Carter was present, as the new owner. His grandfather previously owned the property, which was purchased in 1969. When he passed away in 2012, the property went to his mother, who passed away this year, leaving the property to him and his four siblings. Ms. Zalman noted the lien amount. She received paperwork in advance of the hearing, including a letter from his mother and other documentation. Mr. Carter explained the property was previously owned by his grandparents. When his grandmother died in 1993, the property was solely owned by the grandfather who was irresponsible as a homeowner and he and his mother spent years trying to improve the property. In 2010, the grandfather fell ill and his mother took over his affairs. She pursued power of attorney over him and she quit claimed the property from him to her. She also found out the property was going into foreclosure. His mother was worried they would lose the property, they had owed about $37K in back foreclosure and principal fees. A letter from his grandmother to mortgage company was submitted. She had the foreclosure taken care of by the end of the year. The property was in the family for 50 years. She spent the next decade taking care of deferred maintenance items: one item was the roof. There were several major storms in the mid 2000's and a storm damaged the roof, but they did not have the funds to fix it. After the roof was damaged, other items fell into disrepair. The items sat until the mother was able to fix the roof. She wanted to be the best homeowner she could. She did not make over$40K and she did the best she could. Members of the community and Home Depo contacted her and they helped her with kitchen remodel and some other items. In February, this year, she got letter indicating there was a lien on the property for over$100K. She contacted Commissioner Woodrow Hay and the City and Officer Pierre. The property was inspected of March 10, and passed. The original violation was addressed long ago, but he did not have the exact day. The day after the property passed inspection, his mother passed away. Mr. Carter explained the property is vacant. They will make further improvements such as installing impact 3 Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 windows and doors in order to obtain insurance. The property will be rented, preferably to a family member, to keep the home in the family. The violation was cleared up before 2010, but the grandfather was secretive and no one was aware of the lien on the property, and not even the foreclosure. Had they been aware of the lien at the time and addressed it, they would have never allowed the lien to accrue. Ms. Zalman noted if there was evidence the violation was addressed before then, it would greatly reduce the fine. She asked how much was spent to fix the violations; however, Mr. Carter did not know. He recalled the fence was repaired and the junk hauled off the property. Ms. Zalman asked for a recommendation from the City. Officer Pierre agreed the circumstances were sad, and usually they support a five percent reduction, but he deferred to Ms. Zalman. She commented she would table this case and hear the next case because he had two cases. Case No. 04-2563 A. Coleman Jr. Property Address: 433 NW 5th Avenue Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The notice of violation was sent on November 15, 2004. The hearing date was December 13, 2004, and no one appeared. The compliance date and fine was December 25, 2004 or $25 a day. The violations were corrected on May 13, 2020, having 5,617 days of noncompliance and accruing a fine of$140,425, plus administrative fees. The Respondent complied with all the lien reduction requirements to appear. Mr. Carter explained it was along the same line of violations. There was junk in the back and it was only until after 2007 it was,properly cleared up. He was present to try to work something out. Ms. Zalman explained the City usually recommends a fine of 5% which is usually for an investment property, but 5% is still $7,021.25 for this one lien She inquired what would be a fair lien reduction. Mr. Carter had not contemplated what would be a fair amount, but expressed they will accept whatever it is. He understood it was an inconvenience to the City, but wanted all to understand his mother and he tried their best to improve the property to be a positive asset. He had submitted pictures. Mr. Carter commented he should have included pictures of the front and back yard and the fence because one of the violation was the fence was damaged and he would have preferred to show the fence was addressed Ms. Zalman explained two percent totaled $2,808.50 plus the $730.15 administrative fees. Mr. Carter explained he would pay what was owed. She asked if he could pay the amount within the specified time period. Mr. Carter responded he could. It was explained payment is due within 90 days of receipt of the letter. 4 Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 Ms. Zalman revisited Case No. 01-2090, which had a higher lien. Mr. Carter had nothing to add, and thanked all for it consideration in the case. Officer Pierre explained on this case,the City would be satisfied with payment of only the administrative fees. Ms. Zalman agreed and reduced the fine tat $735.15 to satisfy that lien. Case No. 12-1469 Jones Gladys Estate Property Address: 541 NW gth Avenue Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The notice of violation was sent August 2, 2012, for the violations stated therein. The hearing date was Septembe'r 19, 2012, and no one appeared. The compliance date and fine was September 29, 2012, or a fine of $100 a day. The violations were corrected July 20, 2015, having 1,023 days of noncompliance accruing a total fine of$102,300 plus administrative fees. The Respondent has complied with all lien reduction requirements. Ms. Zalman received the package the Respondent, Mr. Alvin Stri ggles, submitted. She noted the lien int letter was $21,900, but is higher than that. Mr. Stri ggles included a document where the case was closed. Adam Temple, spoke with his brother regarding the case. He referred to a case master inquiry document and asked if it did not close the case when the fine was $22,500 and the fines continued to run. Ms. Zalman commented she would ask the City as she only received the file to and she appreciated him forwarding the expenses to improve the property. The property is currently rented. At the time oft violation, there were renters, so when notices were placed as owners, it was still his mother's estate. They did not go through probate until 2013 and the property transfer from Gladys Jones to him and his four siblings. There was a transfer of ownership in 2013. At the time of the infraction, there were renters and they received no information and were unaware oft violation. It was only when he tried to renew his Business Tax Receipt for rental property was he informed there was a lien placed on the property dating back to 2012. He had spoken with former Code Compliance Coordinator, Diane Springer. Once out of probate in 2013, and now that he is trying more of a participant int property, any infractions were immediately addressed. He thought the Master Inquiry capped the lien and closed the case. He wanted to eliminate the lien and pay the administrative fees. Ms. Zalman explained the City did all they were supposed to do to notify the owner, but the address was not updated. The problem is the property, if renting and making money, the property should to good. She has tot to balance of sides. She acknowledged he seta great deal of money on the property. Mr. Stri ggles advised he wants to retire next year and he plans to live int property four months out of the year. He wants to keep the house unoccupied. Ms. Zalman asked how he planned to stay in to with the City and ensure the City has the proper contact information. In 2015, when he tried to get a Business Tax Receipt and spoke to Ms. Springer, he provided his email and home 5 Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 addresses and his phone number. He included a copy of an email with this information which was sent to Ms. Springer as part of the record. Ms. Zalman inquired about the 2018 case master inquiry about the $20K lien and the City's recommendation for this case. Officer Pierre had spoken with Leon Jenkins, Mr. Striggles' brother about the information about the old case and the compliance date, but he had no information in the file. The City did say they would take it under consideration. Ms. Zalman noted it was the same case number. Officer Pierre did not have the document and recommended five percent. Ms. Zalman thought five percent was reasonable and wanted the $22,534.12 considered, but thought if it was a closed matter and not related, she thought 5% would be reasonable after considering the $20,284 he spent to improve the property and reduce the lien by that amount and then take 5% of that. She wanted to table it to ensure the document was reviewed and it was not doubling or increasing the lien in any way. She will table this and wanted to review the document and make a determination afterward. The $22,500 lien was never paid. That amount has continued going forward at 100 a day. She will ask the City to review the matter post hearing and see how it related to the current lien today before she made a decision. When she is comfortable with a number she will grant the lien reduction and would do the most she could with all the documents. Case No. 15-1370 David Kislak Co., LLC Property Address: 443 SW 7t" Court Type of Property: Single-Family Violation(s): Per the Notice of Violation Officer Pierre presented the case. The notice of violation was sent June 11, 2015, for the violations stated therein. The hearing date was August 19, 2015, and no one appeared. The compliance date and fine was September 3, 2015, or $100 a day. The violations were corrected on March 11, 2020, having 1,650 days of noncompliance and accruing a total fine of $165K plus administrative fees. He advised they met all the lien reduction requirements in order to appear. May Fiedor advised she emailed for an extension and had emailed information about expenses to Officer Pierre. She took over the position December last year, and in January 2020, received a code violation from Officer Tuchette. The violation pertained to sod, which was addressed within a week and at the end of that violation Officer Tuchette told her she should check into this old violation that was still open. She reviewed her files and could not find anything in the files, and she contacted Officer Pierre, who confirmed it was open. She addressed what needed to be done right away, had the property inspected and the case closed. There was an employee who was fired at the beginning of the year because of issues with the City of Boynton Beach and other cities and the person failed to notify the officers of the change. She had copies of expenses that were paid. They were back from 2014, 2015 and 2016, and she believed the issues were addressed but a call for inspection never took place. The property is a rental and is an investment property for the company. The owner of the company, David Kislak died and Stephanie Kislak is the manager, and she was unsure of what would occur. 6 Community Standards Special Magistrate Hearings Boynton Beach, Florida May 20, 2020 Ms. Zalman not there were also invoices from 2017 to 2020. Ms. Zalman asked the City for a recommendation. Officer Pierre recommended 5%, is was $8,250.00 plus fees and costs. After considering what was spent to improve the property, Ms. Zalman ordered a fine of Ms. Zalman congratulated Ms. Loth on her retirement and advised she would will follow up with the case master inquiry in 2018, that will need to be clarified and she will submit an order. Ms. Loth agreed to review the paperwork in the file. Ms. Zalman thanked all for attending and closed the hearing at 10:21 a.m. fi Catherine Che rry J Minutes Specialist 7