Loading...
Minutes 07-15-20 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, JULY 15, 2020, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Community Standards Director Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Outreach Coordinator I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:00 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 Officer Guim administered an oath to all those intending to testify. ROLL CALL III. CHANGES TO THE AGENDA— None IV. NEW BUSINESS Fine Certification Hearing Case No. 19-539 Deivin Guzman Property Address: 101 Azalea Cir Type of Property: Single family, non-homesteaded Violation(s): LDR A2 ART 4 SEC 2.8.2 CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Permits required for all new unpermitted construction. COU/BTR for home rental. Office Weixler presented the case. Service by posting on June 29, 2020. Notice of violation March 26, 2019. Original Magistrate Hearing January 15, 2020. Respondent did appear. Compliance date for Covid-19 modification is July 1, 2020, violations still exist. Fine proposed was $25 per day plus $384.12 administrative fees. There are 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 days of non-compliance at $25 per day plus administrative fee of $384.12 for total of $759.12. Deivin Guzman, owner, stated he had submitted for permits on February 27, 2020, and has not heard back. Officer Weixler stated the home remains vacant and Mr. Guzman explained he is not going to rent it, so the COU/BTR portion of the case has been dropped. Owner claims he will occupy the premises when it is ready. Red Tag says: interior remodel, kitchen, stairs, bathroom, post replacement, enclosing bathroom window upstairs at front of home. Building and electric permits required. The owner has applied for a kitchen remodel, which was received. It was explained to owner that a permit is needed for the outside post, the new stairs need a permit, and the enclosing of the upstairs window needs a permit, all of which were not included on the permit he did receive for kitchen. There are no pending applications for those. Owner states he has had the architect draw up the plans and assumed the permits were done. Officer Pierre recommended the matter be tabled and the fine not be certified today in order to allow owner to get the permits sorted. Decision Based on the testimony, Ms. Zalman tabled the case until August 19, 2020. Case No. 19-2460 Palm Avenue Hialeah LLC Property Address: 1930 NE 5t" St Type of Property: [not given] Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for, pass inspection for Certificate of Use and Business Tax Receipt. Officer Weixler, presented the case. Service by posting on June 29, 2020. Notice of violation August 22, 2019. Original Magistrate Hearing February 19, 2020. Company representative did appear. Compliance date March 20, 2020. Fine proposed was $25 per day plus $384.12 administrative fees. Compliance date for Covid-19 modification is July 1, 2020, violations still exist. There are currently 15 days of non-compliance at $25 per day, which continues to accrue. The total fine is $375.00 plus $384.12 administrative fees, for a total of$759.12. Tina Neff, Realtor and Property Manager, did not present an affidavit permitting her to speak on behalf of the company so could not present evidence. The fine was expected. Decision Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Based on testimony, Ms. Zalman certified the fine of $769.12, including administrative fee, which fine continues to accrue. Case No. 19-1732 Evans Jean Almonor Property Address: 3205 Ocean Pkwy Type of Property: Single-family, non-homesteaded Violation(s): [not given] Officer Hart presented the case. Notice of violation December 9, 2019. Original Magistrate Hearing December 18, 2019. Respondent did appear. Compliance date February 1, 2020; compliance date for Covid-19 modification is July 1, 2020, Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspected July 147 2020, and violations still exist. There are currently 15 days of non-compliance at $25 per day, and the fine continues to accrue. The total fine is $375.00 plus $384.12 administrative fees, for a total of$759.12. Evans Almonor, owner, stated he had been at the original hearing. Claims to have applied for BTR online, but is waiting for an inspection. Digital proof of application was presented, but proof of payment was not available. Officer Hart said that it appears the driveway has been repaired. Decision Based on the testimony, Ms. Zalman tabled the case until August 19, 2020, to give time to clear up the matter with the City. Case No. 19-532 Seashore Industries Inc. Property Address: 513 N Federal Hwy Type of Property: [not given] Violation(s): [not given] Officer Hart presented the case. Notice of violation May 6, 2019. Original Magistrate Hearing January 15, 2020. Respondent did not appear. Compliance date for Covid-19 modification is July 1, 2020, Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspected July 14, 2020, and violations still exist. There are currently 15 days of non-compliance at $25 per day, and the fine continues to accrue. The total fine is $375.00 plus $384.12 administrative fees, for a total of$759.12. Frederick Johnson, part owner, stated the company thought the matter had been taken care of; someone had been hired to do the work, but did not pull the permit. After some time, the contractor refunded the money; but another company has been contracted and will get the matter done correctly. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Decision Based on testimony, Ms. Zalman certified the fine of $769.12, including administrative fee, which fine continues to accrue. Case No. 19-2049 Philippe Granchamps Property Address: 121 West Ocean Dr Type of Property: [not given] Violation(s): [not given] Officer Hart presented the case. Notice of violation September 12, 2019. Original Magistrate Hearing January 15, 2020. Respondent did not appear. Compliance date for Covid-19 modification is July 1, 2020, Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspected and complied on April 10, 2020. This violation was for an inoperable vehicle which was removed prior to the last hearing. The property is no longer a rental and is occupied by owner. Windows in front of house have been replaced with appropriate permits. There are zero days of noncompliance; the administrative fees of$384.12 remain. Philippe Granchamps, owner, appeared and asked for a translator in Creole; Officer Pierre explained the owner is not working right now and is in poor health (stroke), unable to even pay the mortgage and unable to pay the administrative fee as well. Officer Hart explained that the vehicle was moved quickly before the original hearing. The BTR/COU portions of the fine were also removed as the owners are occupying the property. The cost for replacing the windows was $9,900. Decision Based on testimony, Ms. Zalman waived the administrative fee of$384.12. Action for Foreclosure Case No. 06-2510 Renan Laurore & Iva Laurore Property Address: 504 NW 12th Ave Type of Property: Multi-family, non-homesteaded Violation(s): FBC 01105.6 Inspections required for plumbing work. Mr. Temple presented the case. Notice of violation date October 16, 2006. The Magistrate hearing was on November 15, 2006, no one appeared. Compliance date given was December 15, 2006, or $150 per day. Fine certification hearing January 17, 2007, Renan Laurore appeared. Lien on the property was recorded February 23, 2007. Affidavit of compliance July 9, 2018; however, a final judgment is sought for foreclosure Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 authorization for outstanding fines accrued in the amount of $633,450.00 plus $634.12 administrative fees. Renan Laurore, owner, appeared. Ms. Zalman explained the foreclosure procedure in the courts and how to address it after it is filed. Owner said a lawyer has been retained to work with the City, having complied with everything the City has asked to be done. Owner was ready to apply for a lien reduction when served with foreclosure papers. Ms. Zalman explained how to go further once foreclosure is ordered and to inform counsel immediately as to where the case now stands as the process takes some time. (see Case No. 07-959) Decision Based on the testimony, Ms. Zalman entered an authorized order for foreclosure. Notice is to be sent to owner directly as counsel has not been confirmed. Case No. 07-959 Renan Laurore & Iva Laurore Property Address: 504 NW 12th Ave Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D Remove all trash and debris from property and replace or remove fence from west side. Mr. Temple presented the case. Notice of violation date April 23, 2007. The Magistrate hearing was on June 20, 2007, no one appeared. This was a Cease & Desist Order issued by the Board by June 21, 2007, or$250 per occurrence. Fine certification hearing November 19, 2007, no one appeared. Lien on the property was recorded for one occurrence of Cease & Desist Order. Outstanding balance of$250 for one violation plus $346.03 for administrative fees. The City is requesting authorization to foreclose any final judgment for total amount of monies due. Lien recorded more than 90 days ago and less than 20 years. Renan Laurore, owner, appeared. Owner claims to not have seen anything about this case. (See Case No. 07-959) Decision Based on the testimony, Ms. Zalman entered an authorized order for foreclosure. Notice is to be sent to owner directly as counsel has not been confirmed. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Case No. 16-506 Benjamin (Wing) Ho and Karen Ho Property Address: 1101 N Federal Hwy Type of Property: Commercial, non-homesteaded Violation(s): FBC 116.1 Structure unsafe for building Official Red Tag Mr. Temple presented the case. Notice of violation date March 4, 2016. The Magistrate hearing was on April 20, 2016, no one appeared. Compliance date April 30, 2016, or $500 a day. The property is still not in compliance. Fine certification hearing June 15, 2016, no one appeared. Lien on the property was recorded July 19, 2016. There are 1,536 days of non-compliance at $500 a day, totaling $768,000 plus $634.12 administrative fees. The City is requesting authorization to foreclose any final judgment for total amount of monies due. Lien recorded more than 90 days ago and less than 20 years and is not a homestead property. Wing Ho, owner, appeared, stating this is a commercial property. Ms. Zalman said the City has presented their evidence and will proceed with foreclosure. Mr. Ho asked for the proceedings be rescheduled over confusion of April meeting cancellation due to Covid- 19, claiming that his property was not listed on the agenda prior to evening of July 14. Mr. Temple said that notice was sent for this meeting via certified registered mail to the property owners on June 15, 2020, and affidavit was posted on file the same date. Karen Ho, owner, had objections to how notice was given and that the lien is incorrect and void; Ms. Zalman explained the City had done their due diligence in sending the notice, that the notice was received and posted, and that the narrow issues as stated above have been met. Ms. Zalman read from the Code: After three months from the filing of any such lien which remains unpaid, the Enforcement Board or Special Magistrate may authorize the City Attorney to foreclose on the lien. No lien is created pursuant to the provisions of this part may be enforced on real property which is homesteaded. Mrs. Ho continued to attempt to give evidence for the record regarding CRA's involvement in this property by creating forced liens and other constitutional infringements. Ms. Zalman recognized Mrs. Ho's preparation, but for the narrow purposes of these proceedings, there is evidence of the lien, it is marked and recorded, evidence of the notice sent, and that is all that applies for today's purpose. Decision Based on the testimony, Ms. Zalman entered an authorized order for foreclosure. Defenses may be asserted in the case going forward. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Fine Certification Hearing Case No. 19-1211 215 S Seacrest LLC Property Address: 107 SW 2nd Ave, Unit 3 Type of Property: Multi-family, non-homesteaded Violation(s): LDR CH 2 ART 4 SEC 2.A. Permits required for all new unpermitted construction interior renovation. Officer Weixler presented the case. Service by Certified Mail June 24, 2020. Notice of violation June 7, 2019. Original Magistrate Hearing January 15, 2020, no one appeared. Compliance date March 1, 2020, Covid-19 modification date July 1, 2020. Fine proposed was $25 per day plus $384.12 administrative fees, the violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $25 per day, plus administrative fees $384.12. The total fine is $759.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $759.12, including administrative fee. Case No. 19-2204 Inversaiones Sorrento Inc. Property Address: 1843 NW 5t" St Type of Property- Violation(s)- Officer roperty:Violation(s):Officer Weixler presented the case and requested the case be made no fine and no administrative fees as property has come into compliance during Covidi-19 modification period. Decision As no one was present to testify, Ms. Zalman removed the case from the docket. Case No. 19-2461 Premium Rent LLC Property Address: 1924 NE 5t" Street Type of Property: Commercial Violation(s): CO CH 13 SEC 13-7 INCL CO CH 13 SEC 13-16 Apply for and pass inspections to obtain Certificate of Use and Occupancy and a Business Tax Receipt. Officer Weixler presented the case. Service by posting on June 29, 2020. Notice of violation August 22, 2019. Original Magistrate Hearing December 18, 2019, no one Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 appeared. Compliance date February 1, 2020. Fine proposed was $25 per day plus $384.12 administrative fees. Date complied March 13, 2020, which was prior to Covid- 19 modification period. There are currently 41 days of non-compliance at $25 per day, plus administrative fees $384.12. The total fine is $1,659.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,659.12, including administrative fee. Case No. 19-1158 Po Ying Sems Trust & Sem Po Ying Property Address: 1202 NW 7th Court Type of Property- Violation(s)- LDR CH 2 ART 4 SEC 2.A. Permits required for all new unpermitted construction interior renovation. Officer Guillaume presented the case. Original Magistrate Hearing December 18, 2019, respondent appeared. Compliance date February 1, 2020, Covid-19 modification date July 1, 2020. Fine proposed was $50 per day plus $634.12 administrative fees. Property inspected July 13, 2020, the violations still exist. There are currently 15 days of non- compliance and fine continues to accrue at$50 per day, plus administrative fees $634.12. The total fine is $1,384.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,384.12, including administrative fee. Case No. 19-2762 Benham LLC c/o David Benhamou Property Address: 240 NW 20th Court Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing January 15, 2020, no one appeared. Compliance Covid-19 modification date July 1, 2020. Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspection July 14, 2020, the violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $25 per day, plus administrative fees $384.12. The total fine is $759.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $759.12, including administrative fee. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Case No. 19-2339 TAH MS Borrower LLC Property Address: 2950 S Seacrest Blvd. Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Daniels presented the case. Original Magistrate Hearing November 20, 2019, no one appeared. Compliance date December 30, 2019. Covid-19 modification date July 1, 2020. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected July 14, 2020, the violations still exist. There are currently 15 days of non- compliance and fine continues to accrue at$50 per day, plus administrative fees $634.12. The total fine is $1,384.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,384.12, including administrative fee. Case No. 19-808 Casie & Michael Costello Property Address: 141 SE 25th Ave Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing December 18, 2019, no one appeared. Compliance date January 15, 2020. Covid-19 modification date July 1, 2020. Fine proposed was $25 per day plus $634.12 administrative fees. Property last inspected July 14, 2020, the violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $25 per day, plus administrative fees $634.12. The total fine is $1,009.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,009.12, including administrative fee. Case No. 19-2176 Arthur Schmidt Property Address: 1501 SW 18th Drive Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing December 18, 2019, no one appeared. Compliance date January 15, 2020. Covid-19 modification date July 1, 2020. Fine proposed was $25 per day plus $634.12 administrative fees. Property last inspected July 14, 2020, the violations still exist. There are currently 15 days of non-compliance Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 and fine continues to accrue at $25 per day, plus administrative fees $634.12. The total fine is $1,009.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,009.12, including administrative fee. Case No. 19-2494 Ulises & Moran Del Castillio Property Address: 710 SW 27th Terrace Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing December 18, 2019, no one appeared. Compliance date January 15, 2020. Covid-19 modification date July 1, 2020. Fine proposed was $50 per day plus $634.12 administrative fees. Property last inspected July 14, 2020, the violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $50 per day, plus administrative fees $634.12. The total fine is $1,384.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,384.12, including administrative fee. Case No. 19-21 Francis M Mulvey Est Property Address: 337 NE 14th Ave Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Original Magistrate Hearing December 18, 2019, no one appeared. Compliance date February 1, 2020. Covid-19 modification date July 1, 2020. Fine proposed was $50 per day plus $634.12 administrative fees. The violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $50 per day, plus administrative fees $634.12. The total fine is $1,384.12. For the record, no probate has been opened for this property. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,384.12, including administrative fee. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Case No. 19-1976 Lisa Hart Property Address: 1214 NW 7t" Street Type of Property: [not given] Violation(s): As noted in the Notice of Violations Officer Guim presented the case. Original Magistrate Hearing February 19, 2020, no one appeared. Compliance date March 20, 2020. Covid-19 modification date July 1, 2020. Fine proposed was $50 per day plus $384.12 administrative fees. The violations still exist. There are currently 15 days of non-compliance and fine continues to accrue at $50 per day, plus administrative fees $384.12. The total fine is $1,134.12. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,134.12, including administrative fee. Action for Foreclosure Case No. 14-1675 Ka Hock Go & Jeanne Go Property Address: 301 W Boynton Beach Blvd Type of Property: Commercial, non-homesteaded Violation(s): LDR CH 4 ART 11 SEC 4.A.13 Mr. Temple presented the case. Notice of violation date July 15, 2014. The Magistrate hearing was on October 15, 2014, no one appeared. Compliance date given was November 14, 2014, or$200 per day. Property is still not in compliance. Fine certification hearing December 17, 2014, no one appeared. Lien on the property was recorded January 14, 2015. Notice was sent Certified Mail and green card received June 15, 2020; property was posted with notice of hearing and affidavit is on file. There are currently 2,069 days of non-compliance at $200 per day, totaling $413,800.00, plus $634.12 administrative fees. The City is requesting authorization to foreclose any final judgment for total amount of monies due. Lien recorded more than 90 days ago and less than 20 years and is not a homestead property. (See Case 17-1114.) Decision As no one appeared, Ms. Zalman entered an authorized order for foreclosure. Case No. 17-1114 Ka Hock Go & Jeanne Go Property Address: 301 W Boynton Beach Blvd Type of Property: Commercial, non-homesteaded Violation(s): CO CH 15 SEC 15-120D1 Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 15, 2020 Mr. Temple presented the case. Notice of violation date June 23, 2017. The Magistrate hearing was on August 16, 2017, no one appeared. Compliance date given was September 29, 2017, or $100 per day. Fine certification hearing November 15, 2017, no one appeared. Lien on the property was recorded December 19, 2017. There are currently 1,118 days of non-compliance at $100 per day, totaling $101,800.00, plus $634.12 administrative fees. The City is requesting authorization to foreclose any final judgment for total amount of monies due. Lien recorded more than 90 days ago and less than 20 years and is not a homestead property. (See Case 14-1675.) Decision As no one appeared, Ms. Zalman entered an authorized order for foreclosure. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:55 a.m. [Written by M. Moore, Prototype Inc.] Page 12