Loading...
Minutes 08-19-20MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMUNITY ROOM, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, AUGUST 19, 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 Item Case No. Status 4 19-3740 Removed 60 days 6 19-2238 Removed 60 days 9 19-3600 Removed 60 days 11 20-0907 Removed 60 days 12 19-3190 Removed 60 days 13 20-0886 Removed 60 days 19 11-0075 Lien Reduction / Did not appear 24 15-2543 Removed by City 25 16-0455 Lien Reduction / Did not appear Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 2 IV. NEW BUSINESS Case Hearing Case No. 19-3743 Zelma McGrady Property Address: 603 NW 9th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations. Officer Hill presented the case, which was Citizen Complaint. Initial inspection date December 31, 2019. Courtesy notice issued January 9, 2020. Thirty days given to bring the property into compliance. Notice sent via Certified Mail June 24, 2020; green card dated July 9, 2020. Property last inspected August 18, 2020, violations still exist. This is a health and safety hazard due to bee infestation. City recommended property to be in compliance by September 15, 2020, or $200 a day assessed, plus administrative fee of $384.12. [Respondent testimony unavailable. (did not appear)] Decision Based on the testimony, Ms. Zalman ordered compliance date of September 11, 2020, or $200 a day assessed, plus administrative fee of $384.12. Case No. 20-228 Community Deliverance Church Property Address: 202 NW 9th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations. Officer Hill presented the case, which was routine inspection. This is not a repeat violator. Initial inspection date January 17, 2020. Courtesy notice issued January 24, 2020. Seventeen days given to bring the property into compliance. Notice sent via Certified Mail July 9, 2020; green card dated July 21, 2020. Property last inspected August 18, 2020, property is in compliance with the exception of the vehicle. This is not a health and safety hazard. City recommended removal of vehicle by September 11, 2020, or $25 a day assessed, plus administrative fee of $384.12. [Respondent did not appear; testimony unavailable.] Decision Based on the testimony, Ms. Zalman ordered removal of vehicle by September 11, 2020, or $25 a day assessed, plus administrative fee of $384.12. If the respondent does not Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 3 comply with the magistrate order, the vehicle will be removed from the property by the City. (abatement order) Case No. 20-773 Sem Po Ying Revocable Trust Property Address: 521 NW 13th Ave 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 15-120(E) 2 B LDR CH 2 ART 4 SEC 2.A.2. CO CH 10 SEC 10-56(A) CO CH 10 SEC 10-56(D) CO CH 10 SEC 10-56(E) CO CH 10 SEC 10-58 INCL CO CH 10 SEC 10-59 INCL CO CH 10 SEC 10-59(E) Must apply for, pass inspection, and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Repair or replace damaged roof. Stove and refrigerator not working, repair or replace. Replace lower kitchen cabinets. Secure Building Permit for water heater tank installed. Install smoke detectors in every room throughout the house. Replace all broken/missing window screens. Repair/replace broken interior lights. Replace window air conditioner units. Replace missing baseboard covers. Replace painted over window blinds. Replace front door weatherproofing. Restroom sink pipes leaking when water turned on. Repair cracked exterior wall. Un-permitted electrical work. Deteriorating carport. Officer Hill presented the case, which was a citizen complaint. Initial inspection date January 17, 2020. Courtesy notice issued March 4, 2020. Twelve days given to bring the property into compliance. Notice sent via Certified Mail July 10, 2020; green card dated July 24, 2020. BTR applied for but inspection not performed. Property last inspected August 18, 2020, all violations still exist. This is a health and safety hazard due to leaks in roof and roof cave-in over one bedroom. City recommended compliance date of September 15, 2020, or $500 a day assessed, plus administrative fee of $384.12. [Respondent Po Ying Sem did appear; testimony unavailable. Deputy Building Official John Kuntzman testified to investigation of the property.] Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 4 Decision Based on the testimony, Ms. Zalman ordered compliance date of September 15, 2020, or $500 a day assessed, plus administrative fee of $384.12. Case No. 20-1115 White Rose Homes LLC Property Address: 132 NE 12th Ave Type of Property: Multi-family (6 units) Violation(s): SEC 4-4: Manner of Keeping SEC 4-36: County Registration SEC 4-37: Rabies Vaccinations Officer Roehrich, Animal Cruelty Investigator, presented the case, which was a citizen complaint. Initial inspection date December 2019. Verbal notices given on January 4, 2017; September 19, 2019; and April 22, 2020. Written notice give April 25, 2020. Ten days given to bring about compliance. Notice sent via Certified Mail June 19, 2020; green card dated July 23, 2020. Property last inspected August 18, 2020, violations still exist. This is a health and safety hazard for dogs. City recommended a Cease & Desist Order with a compliance date of August 25, 2020, or $500 per a day assessed, plus administrative fee of $384.12. [Respondent Charles White appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman ordered a Cease & Desist Order to comply in 5 days of the Magistrate Order or be fined $500 per occurrence, plus administrative fee of $384.12. Case No. 19-3618 Alfra Irrevocable Trust Property Address: 700 E Boynton Beach Blvd Unit 309 Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violations. Officer Hart presented the case, which was City referral. Initial inspection date December 10, 2019. Courtesy notice issued December 30, 2019. Thirty days given to bring the property into compliance. Notice sent via Certified Mail June 19, 2020; green card dated July 2, 2020. Property last inspected August 18, 2020. City recommended compliance by September 15, 2020, or $25 a day assessed, plus administrative fee of $384.12. [Respondent did not appear; testimony unavailable.] Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 5 Decision Based on the testimony, Ms. Zalman ordered compliance date of September 15, 2020, or $25 a day assessed, plus administrative fee of $384.12. Case No. 20-1059 Darren E Cleveland Property Address: 20 Lake Eden Dr Type of Property: Single-family, homesteaded Violation(s): LDR CH 2 ART IV SEC 2.A.2 Secure building permit for swimming pool fence barrier. Officer Daniels presented the case, which was a citizen complaint. This is not a repeat violator. Initial inspection date April 3, 2020. Initial written notice issued April 24, 2020. Thirteen days given to bring the property into compliance. Notice posted on property and City Hall August 7, 2020. Officer spoke with homeowner during initial inspection who said he would speak with attorney about the violation. Property last inspected August 18, 2020, violation still exists. This is a health and safety hazard. City recommended removal compliance by September 15, 2020, or $50 a day assessed, plus administrative fee of $384.12. [Respondent Darren Cleveland appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman ordered compliance by September 13, 2020, or $200 a day assessed, plus administrative fee of $384.12. Case No. 20-399 Pierre &Tanie Guirand Property Address: 7086 Lawrence Rd Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-31 CO CH 15 SEC 15-120.D.1.A. CO CH 10 SEC 10-56D LDR CH 2 ART IV SEC 2.A.2. Wood fence leaning onto City sidewalk; repair or replace damaged fence; permit may be required. Removal all trash and debris. Repair broken mailbox and post. Mow all overgrown property areas, trim overgrown vegetation. Remove garbage carts and recycling bins out of plain view. Overgrown tress in the backyard blocking traffic signs; trim back overgrown trees. Officer Guim presented the case, which was routine inspection. This is not a repeat violator. Initial inspection date February 2, 2020. Initial written notice February 4, 2020. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 6 Thirty days given to bring the property into compliance. Notice sent via Certified Mail June 19, 2020. Property posted and at City Hall August 7, 2020. Property last inspected August 17, 2020, most violations remain; mailbox fixed, garbage can removed. This is not a health and safety hazard. City recommended a compliance date of September 30, 2020, or $25 a day assessed, plus administrative fee of $384.12. [Respondent agent Wesner Belizair appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman ordered a compliance date of September 30, 2020, or $25 a day assessed, plus administrative fee of $384.12. Fine Certification Hearing Case No. 19-1732 Evans Jean Almonor Property Address: 3205 Ocean Pkwy Type of Property: Single family, non-homesteaded Violation(s): As noted in the Notice of Violations. Office Karageorge 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 $317.06 administrative fees. Property last inspected August 18, 2020, and violations still exist. Magistrate Zalman tabled the case to August 19, 2020. There are currently 152 days of non-compliance at $50 per day, and the fine continues to accrue. The total fine is $3,700.00 plus $317.06 administrative fees, for a total of $4,017.06. [Respondent did not appear; testimony unavailable.] Decision Based on testimony, Ms. Zalman certified the fine of $4,017.06, including administrative fee, which fine continues to accrue. Lien Reduction Hearing Case No. 05-0151 Sauternes V LLC Property Address: 706 NE 7th Ave SFHA Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 7 Officer Pierre presented the case. Notice of violation date January 14, 2005. The Magistrate hearing was on February 16, 2005, no one appeared. Compliance date given was February 26, 2005, or $25 per day plus administrative fee. Date of compliance was August 16, 2005. The property has 170 days of non-compliance with fines of $25 per day in fines and administrative fee of $730.15, for a total of $4,980.15. Owner of property has complied for lien reduction. [Respondent agents Kimberlee Smith and Kevin Wilson appeared; testimony unavailable.] [See related cases 06-0314, 09-3806, 10-1834, 11-0424] Decision Based on the testimony, Ms. Zalman reduced the lien to $730.15, including the administrative fee. Case No. 06-0314 Sauternes V LLC Property Address: 706 NE 7th Ave SFHA Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date February 13, 2006. The Magistrate hearing was on March 15, 2006, no one appeared. Compliance date given was March 25, 2006, or $50 per day plus administrative fee. Date of compliance was April 12, 2006. The property has 17 days of non-compliance with fines of $50 per day in fines and administrative fee of $730.15, for a total of $1,580.15. Owner of property has complied for lien reduction. [Respondent agents Kimberlee Smith and Kevin Wilson appeared; testimony unavailable.] [See related cases 05-0151, 09-3806, 10-1834, 11-0424] Decision Based on the testimony, Ms. Zalman reduced the lien to zero, waiving administrative fee. Case No. 09-3806 Sauternes V LLC Property Address: 706 NE 7th Ave SFHA Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date December 7, 2009. The Magistrate hearing was on January 20, 2010, no one appeared. Compliance date given was January 30, 2010, or $50 per day plus administrative fee. Date of compliance was October 1, 2010. The property has 243 days of non-compliance with fines of $50 per day Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 8 in fines and administrative fee of $730.15, for a total of $12,880.15. Owner of property has complied for lien reduction. [Respondent agents Kimberlee Smith and Kevin Wilson appeared; testimony unavailable.] [See related cases 05-0151, 06-0314, 10-1834, 11-0424] Decision Based on the testimony, Ms. Zalman reduced the lien to $730.15, including the administrative fee. Case No. 10-1834 Sauternes V LLC Property Address: 706 NE 7th Ave SFHA Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date June 17, 2010. The Magistrate hearing was on August 18, 2010, no one appeared. Compliance date given was August 28, 2010, or $50 per day plus administrative fee. Date of compliance was September 1, 2010. The property has 33 days of non-compliance with fines of $50 per day in fines and administrative fee of $730.15, for a total of $2,380.15. Owner of property has complied for lien reduction. [Respondent agents Kimberlee Smith and Kevin Wilson appeared; testimony unavailable.] [See related cases 05-0151, 06-0314, 09-3806, 11-0424] Decision Based on the testimony, Ms. Zalman reduced the lien to $730.15, including the administrative fee. Case No. 11-0424 Sauternes V LLC Property Address: 706 NE 7th Ave SFHA Type of Property: Multi-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date February 14, 2011. The Magistrate hearing was on April 20, 2011, no one appeared. Compliance date given was April 30, 2011, or $150 per day plus administrative fee. Date of compliance was November 14, 2011. The property has 212 days of non-compliance with fines of $150 per day in fines and administrative fee of $730.15, for a total of $32,530.15. Owner of property has complied for lien reduction. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 9 [Respondent agents Kimberlee Smith and Kevin Wilson appeared; testimony unavailable.] [See related cases 05-0151, 06-0314, 09-3806, 10-1834] Decision Based on the testimony, Ms. Zalman reduced the lien to $730.15, including the administrative fee. Case No. 11-1117 Jean-Alix & Santa Dalexis and Nicolas Jean-Lous Property Address: 465 W Ocean Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date May 9, 2011. The Magistrate hearing was on July 20, 2011, no one appeared. Compliance date given was July 31, 2011, or $200 per day plus administrative fee. Date of compliance was July 28, 2020. The property has 3,284 days of non-compliance with fines of $200 per day in fines and administrative fee of $730.15, for a total of $657,530.15. Owner of property has complied for lien reduction. [Respondent Jean-Alix Dalexis appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman reduced the lien to $1,613.08, including the administrative fee. Case No. 14-0680 Gloria H Mosch Property Address: 127 S Atlantic Dr West Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date March 24, 2014. The Magistrate hearing was on August 20, 2014, no one appeared. Compliance date given was September 4, 2014, or $50 per day plus administrative fee. Date of compliance was August 8, 2020. The property has 2,164 days of non-compliance with fines of $50 per day in fines and administrative fee of $730.15, for a total of $108,930.15. Owner of property has complied for lien reduction. [Respondent agent Crystal Foreman appeared; testimony unavailable.] [See related cases 14-1698, 15-2543] Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 10 Decision Based on the testimony, Ms. Zalman reduced the lien to $1,250.00, including the administrative fee. Case No. 14-1698 Gloria H Mosch Property Address: 127 S Atlantic Dr West Type of Property: Single-family Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 17, 2014. The Magistrate hearing was on September 17, 2014, no one appeared. Compliance date given was September 24, or $250 per day plus administrative fee. Date of compliance was October 1, 2019. The property has 1,832 days of non-compliance with fines of $250 per day in fines and administrative fee of $730.15, for a total of $458,730.15. Owner of property has complied for lien reduction. [Respondent agent Crystal Foreman appeared; testimony unavailable.] [See related cases 14-0680, 15-2543] Decision Based on the testimony, Ms. Zalman reduced the lien to $3,250.00, including the administrative fee. Case No. 18-0474 Darthon Trading Co Inc. Property Address: 146 NW 14th Ave 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 February 27, 2018. The Magistrate hearing was on June 20, 2018, no one appeared. Compliance date given was July 15, 2018, or $100 per day plus administrative fee. Date of compliance was April 6, 2020. The property has 624 days of non-compliance with fines of $100 per day in fines and administrative fee of $730.15, for a total of $63,130.15. Owner of property has complied for lien reduction. [Respondent agent J. Bell appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman reduced the lien to $1,498.18, including the administrative fee. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 19, 2020 Page 11 Case No. 18-0561 Wells Fargo Bank NA Property Address: 218 SW 6th St Type of Property: Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date March 5, 2018. The Magistrate hearing was on June 18, 2018, no one appeared. Compliance date given was July 27, 2018, or $100 per day plus administrative fee. Date of compliance was July 19, 2018, and November 7, 2018. The property has 97 days and 5 days of non-compliance with fines of $100 per day in fines = $9,700 and $500 plus administrative fee of $730.15, for a total of $10,930.15. Owner of property has complied for lien reduction. [Respondent agent Brian Albaum appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman reduced the lien to $2,100.15, including the administrative fee. Case No. 19-2975 1701 S Congress Ave LLC Property Address: 1701 S Congress Ave Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date October 9, 2019. The Magistrate hearing was on November 20, 2019, no one appeared. Compliance date given was December 10, 2019, or $100 per day plus administrative fee. Date of compliance was May 27, 2020. The property has 168 days of non-compliance with fines of $100 per day in fines and administrative fee of $730.15, for a total of $17,530.15. Owner of property has complied for lien reduction. [Respondent agent Isaac Mizrah appeared; testimony unavailable.] Decision Based on the testimony, Ms. Zalman reduced the lien to $840.15, including the administrative fee. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:00 a.m. [Written by M. Moore, Prototype Inc.]