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Minutes 10-21-20 MINUTES 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, OCTOBER 21, 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 Jamie Opperlee, Recording Secretary, ProtoType, Inc. 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 Officer Guim administered an oath to all those intending to testify. ROLL CALL IV. NEW BUSINESS Lien Reduction Hearing Case No. 08-2451 William Hancock Property Address: 1401 NW 7t" St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date August 26, 2008. The Magistrate hearing was on November 18, 2008, no one appeared. Compliance date given was January 18, 2009, or $50 per day plus administrative fee. Date of compliance was January 4, 2011. The property has 715 days of non-compliance with fines of $50 per day in fines for $35,750 and administrative fee of $730.15, for a total of $36,480.15. Owner of property has complied for lien reduction. William Hancock, owner, gave a brief history of compliance, spent about $7,000 on correcting the violations. Owner occupies the property and it is not up for sale. City Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 recommends 5% of the lien, or$1,787.50 plus costs. Ms. Zalman took into consideration the fact that the property is homesteaded. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $1,637.50, administrative fee included. Case No. 12-0636 Ralph Lowe Property Address: 1619 NE 3rd St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date April 13, 2012. The Magistrate hearing was on October 17, 2012, no one appeared. Compliance date given was January 15, 2013, or $100 per day plus administrative fee. Date of compliance was October 19, 2020. The property has 2,833 days of non-compliance with fines of$100 per day in fines $283,300 and administrative fee of $1,114.27, for a total of $284,414.27. Owner of property has complied for lien reduction. Ralph Lowe, owner, stated that he purchased the property with the damages in 2012 and the violations occurred shortly thereafter. To bring it into compliance included a new roof, new impact windows, sod, sprinkler system, landscaping. Owner estimates up to $40,000 spent in repairs; the house was purchased for $35,000. Current value is unknown. Ms. Zalman took into consideration the fact that the property is homesteaded and has no intention to sell. Owner had back injury soon after purchase and bringing into compliance took longer than expected; owner had back surgery around 2015 and is currently on disability. City recommended 2% or less of the lien; $3,500 was proposed but owner can not afford that, was hoping lien would be waived considering the work done. Due to hardships, Ms. Zalman reduced the lien to costs. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to costs of$1,004.27. Case No. 16-1197 Mark Gaylord Property Address: 3006 Greenwood Lane Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date July 22, 2016. The Magistrate hearing was on September 21, 2016, no one appeared. Compliance date given was October 1, 2016, or $100 per day plus administrative fee. Date of compliance was October 4, 2020. The property has 1,461 days of non-compliance with fines of$100 per Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 day in fines for $146,100 and administrative fee of $730.15, for a total of $146,830.15. Owner of property has complied for lien reduction. Mark Gaylord, owner, stated he was the owner of the property when the violations occurred. Sister of owner lives in property since purchase in 2005 when sister was caregiver for their mother. Mr. Gaylord lives in New York City and did not know there was an outstanding lien; sister claims she was unaware of violations. Mr. Gaylord came and had the needed repairs made. Further violations were found during inspection for previous violations. The sister did not take care of property and there is still a mortgage. The property is for sale, sister has moved out; closing has been moved to October 31. The house was purchased for $300,000, the contract is for $371,000, $100,000 remains on mortgage. City recommended 5% of lien. Suggestions for working with the title company for closing documents were discussed. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $6,706.06, administrative fee included. Case No. 09-2493 Davis Levin and Tracy Briscuso Property Address: 411 SW 9t" 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 July 30, 2009. The Magistrate hearing was on September 16, 2009, no one appeared. Compliance date given was October 16, 2009, or $100 per day plus administrative fee. Date of compliance was February 17, 2010. The property has 117 days of non-compliance with fines of$100 per day in fines for $11,700 and administrative fee of $634.12, for a total of $12,334.12. Owner of property has complied for lien reduction. Robert Briscuso, owner, stated the property was bought with his son, Tracy Briscuso, and was a HUD property purchased in derelict condition in 2003. The property had squatters and the police department was happy for the upgrading on the house. Permits were pulled to do improvements, including an electrical panel, and assumed the electrical work was acceptable at time of inspection. Multiple family health problems, including death of his wife, all came at once at the time of the violations which resulted in a Red Tag added to the miscommunications with the City. It took some time to research and resolve the problems which ended with the compliance in 2010. The house has been sold and recently closed. City recommended 5% of the lien. Mr. Briscuso asked for leniency as the sale of the house will go towards his son's medical care. Ms. Zalman reduced the lien to 2%. Decision Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 Based on the testimony, Ms. Zalman ordered the lien reduced to $246.58. III. CHANGES TO THE AGENDA Item Case No. Status 1 20-1782 Complied 2 20-1626 Removed 30 days 4 19-0986 Removed 30 days 6 19-3009 Complied 7 19-3022 Removed to next SM hearing 11 20-0833 Removed to next SM hearing 13 20-0840 Complied 14 20-1763 Complied 15 20-0709 Complied 18 20-0505 Removed 30 days 20 20-1882 Removed 30 days 23 20-0133 Removed 60 days 25 20-0802 Complied 26 20-0885 Complied 27 20-1125 Removed 60 days 28 20-0530 Removed 30 days 29 19-0539 Removed 30 days IV. NEW BUSINESS Case Hearing Case No. 20-0791 James A Mannion Property Address: 900 SW 5t" Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 19-2534 Barry F Glinton Sr. and Patricia Glinton Property Address: 2206 NE 4t" Court Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is a possible health and safety hazard due to trench dug from house to the street may not be covered. City recommended property to be in compliance by November 20, 2020, or $50 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$50 a day fines assessed and administrative fee of$384.12. Case No. 19-3740 Jorge Eduardo Rodriguez Property Address: 137 SE 5th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is not a health and safety. City recommended property to be in compliance by November 20, 2020, or $50 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$50 a day fines assessed and administrative fee of$384.12. Case No. 20-0031 Zachary Krikorian Property Address: 346 SW 8th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 20-0501 Catherine Allen Property Address: 318 NE 20th Ave Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $50 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$50 a day fines assessed and administrative fee of$384.12. Case No. 20-0835 ANNALIO LLC Property Address: 1755 NE 6th St Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Weixler presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 20-0595 Ulrick & Yvonne Joseph Property Address: 3180 E Atlantic Dr Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Karageorge presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $50 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$50 a day fines assessed and administrative fee of$384.12. Case No. 19-2422 Thomas W. Shoemaker Property Address: 110 SE 29th Ave Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Officer Daniels presented the case, asked to table the case for 30 days. Decision Ms. Zalman ordered case tabled for 30 days. Case No. 20-0657 KIT 36 LLC Property Address: 2842 SW 4t" Street Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Daniels presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 19-3600 Mass Boynton 3060 LLC Property Address: 3060 N Seacrest Blvd Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Hart presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 20-0125 Mathilde & Patrick Dorcent Property Address: 2590 NW 1St St Type of Property: Single-family, homesteaded Violation(s): As noted in Notice of Violations Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 21, 2020 Officer Hart presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. Case No. 20-0447 Advenir@Banyan LLC Property Address: 1561 Stonehaven Dr Type of Property: Single-family, non-homesteaded Violation(s): As noted in Notice of Violations Officer Hart presented the case. This is not a repeat violator. This is not a health and safety hazard. City recommended property to be in compliance by November 20, 2020, or $25 a day assessed, plus administrative fee of$384.12. Decision As no one appeared, Ms. Zalman ordered compliance date of November 20, 2020, or$25 a day fines assessed and administrative fee of$384.12. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:09 a.m. [Written by M. Moore, Prototype Inc.] Page 8