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Minutes 11-18-20 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, NOVEMBER 18, 2020, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Community Standards Director John Kuntzman, Interim Building Official 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 9:07 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 Case Hearing Case No. 20-1889 Nereida Rodriguez th Property Address: 333 NE 12 Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120D.1.a. CO CH 10 SEC 10-56D th Vehicle in violation located at 333 NE 12 Ave, contrary to City Code, vehicle is inoperable, current tag must be on vehicle at all times. Remove all inoperable vehicles from property. Install 4 inch house numbers on building to be visible from the street. Officer Hill presented the case, which was a routine inspection. Initial inspection date August 4, 2020. Not a repeat violator. Initial notice issued August 11, 20202 via Courtesy Notice. Fifteen days were given to comply. Date notice sent Certified Mail October 6, 2020, green card signed October 13, 2020. Property owner has made no attempt to Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 contact or correct violations. Property last inspected November 17, 2020. This is not a health and safety matter. City recommended property to be in compliance by December 18, 2020, or $50 a day assessed, plus administrative fee of $384.12. Stanley Davis appeared, but did not have permission to speak on behalf of owner. Decision As no one appeared, Ms. Zalman ordered compliance date of December 18, 2020, or $50 a day fines assessed and administrative fee of $384.12. Case No. 19-3441 Harbor Hall Inlet Club 11 th Property Address: 689 NE 6 Ct Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 10 SEC 10-56B Please repair broken sea wall, permits required. Officer Hart presented the case, which was a citizen complaint. Initial inspection date November 14, 2019. Not a repeat violator. Initial notice issued November 22, 2019 via Courtesy Notice. Sixty days were given to comply. Date notice posted on property and at City Hall was November 6, 2020. Officer Hart finally spoke with property management company in September; although address sent to was what was listed with appraiser and tax collector, it was not owner’s address. This is not a health and safety matter. City recommended property to be in compliance by February 15, 2021, or $100 a day assessed, plus administrative fee of $384.12. Wendy Delcotto, Property Manager, spoke on behalf of attorney, board member, and agent who were also present. Because notification wasn’t actually made until September, action to come into compliance has just begun. Permits have been signed, engineering drawings are still unfinished, but hoping to submit within a week. City has no problem with extending compliance date. John Kuntzman, Interim Building Official, encouraged contractor to use online system to submit permit documentation and notify him when it is being done so he can expedite it. Discussion followed on the condition of the sea wall and parking lot flooding; some of the flooding is from neighboring properties. Compliance date extended to May 1, 2021. Decision Based on the evidence, Ms. Zalman ordered compliance date of May 1, 2021, or $100 a day fines assessed and administrative fee of $384.12. Case No. 20-0626 Josie B. Strapp Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 th Property Address: 329 NE 16 Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-52, inoperable vehicles. Officer Weixler presented the case, which was a routine inspection. Initial inspection date February 18, 2020. Not a repeat violator. Initial verbal notice made on February 18, 2020, asking to remove or register inoperable vehicles within five (5) days. Date notice sent Certified Mail October 6, 2020, green card signed October 16, 2020. Property last inspected November 17, 2020, violations still exist. City recommended property to be in compliance by December 12, 2020, or $25 a day assessed, plus administrative fee of $384.12. Josie Strapp, owner, stated the compliance time given is enough and that she has made attempts to get her vehicle registered, but has run into several snags. The other inoperable vehicle belongs to her son, but she is prepared to have the car towed if necessary. Decision Based on the evidence, Ms. Zalman ordered compliance date of December 12, 2020, or $25 a day fines assessed and administrative fee of $384.12. There will be an order to tow the inoperable vehicle after December 12, 2020. Case No. 20-2426 Degera Wilson th Property Address: 515 NE 16 Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-52, remove inoperable vehicle. Officer Weixler presented the case, which was a routine inspection. Initial inspection date September 23, 2020. Not a repeat violator. Initial notice issued September 23, 2020, via Courtesy Notice. Fifteen days were given to comply. Property was posted November 6, 2020. Officer Weixler noted this car was on the property a year ago, the gentleman was cited and removed the vehicle; however, it reappeared, and no communication has been made. Property last inspected November 17, 2020, violation still exists. City recommended property to be in compliance by December 4, 2020, or $25 a day assessed, plus administrative fee of $384.12. Aaron Terry, son of owner, stated letter was addressed to him; however, he cannot speak on behalf of property owner. Ms. Zalman extended compliance date to December 15, 2020. If vehicle remains inoperable, it will have to be removed. Decision Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 As no one appeared, Ms. Zalman ordered compliance date of December 15, 2020, or $25 a day fines assessed and administrative fee of $384.12. Abatement order to tow: There will be an order to tow the inoperable vehicle after December 15, 2020. Case No. 20-01656 Joan E Long Trust Property Address: 325 W. Ocean Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120B.2 Remove mulch from swale area (complied) CO CH 15 SEC 15-120D.1.d. Install sod on all bare areas of swale area Officer Torres-Lee presented the case, which was a routine inspection, eventual citizen complaint. Initial inspection date July 20, 2020. Not a repeat violator. Initial notice issued July 20, 2020, through door hanger. Ten days were given to comply. Date notice sent Certified Mail October 23, 2020, green card signed November 2, 2020. Property last inspected November 15, 2020, violations still exist. This is not a health and safety issue. City recommended property to be in compliance by December 18, 2020, or $25 a day assessed, plus administrative fee of $384.12. Hannah Long, owner, discussed the issue of moving the mulch from the garden onto the swale and install sod in bare areas. Owner asked for more time while native grasses planted take root. Discussion followed on faster ways to get the swale to fill in. Decision Based on the evidence, Ms. Zalman ordered the item be tabled for 30 days, at which time fees will be entered and a compliance date as well. Case No. 20-1160 Onias Derilus & Kenji Yamamoto th Property Address: 2624 SW 6 St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7D Certificate of Use and Occupancy CO CH 13 SEC 13-16 Obtain Business Tax Receipt Officer Daniels presented the case, which was a citizen complaint. Initial inspection date July 23, 2020. Not a repeat violator. Initial notice mailed July 24, 2020. Fifteen days were given to comply. Date notice sent Certified Mail October 10, 2020. Date notice posted on property November 6, 2020. Property last inspected November 16, 2020, violations still exist even though some communication with City was made. City Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 recommended property to be in compliance by December 18, 2020, or $50 a day assessed, plus administrative fee of $384.12. Onias Derilus, owner, stated the compliance date is sufficient and understands the administrative fees has been entered. Once payments have been made, inspection can be scheduled. Decision Based on the evidence, Ms. Zalman ordered compliance date of December 18, 2020, or $50 a day fines assessed and administrative fee of $384.12. Fine Certification Hearing Case No. 20-0773 Sem Po Ying Revocable Trust th Property Address: 521 NW 13Ave 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 15-120E.2.b. CO CH 15 SEC 15-120E.2.c. LDR A2 ART 4 SEC 2.8.2 CO CH 10 SEC 10-56A CO CH 10 SEC 10-56D CO CH 10 SEC 10-56E CO CH 10 SEC 10-58INCL CO CH 10 SEC 10-59INCL CO CH 10 SEC 10-59E Residential property owner must have both applied and pass all inspections and obtain a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Repair or replace damaged roof, multiple visible leaks, permit required. Stove and refrigerator not working, must 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 and missing window screens. Repair or replace interior lights. Replace window air condition unit, not properly installed. Air condition unit missing button and not working properly. Replace missing base board covers. Replace painted over window blinds. Replace front door weather proofing, water and bugs able to get through gap between door and frame. Restroom sink pipes leak when water turned on. Repair cracked Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 exterior walls. Unpermitted electrical work. Deteriorating carport, rain comes through. Officer Hill presented the case. Notice of violation June 5, 2020. Original Magistrate Hearing August 19, 2020. Respondent did appear. Compliance date September 15, 2020. Fine proposed was $500 per day plus $384.12 administrative fees. Property last inspected November 17, 2020, violations still exist, no permits have been applied for. Tenant called to say that all violations are still there. There are currently 63 days of non- compliance at $500 per day, and the fine continues to accrue. The total fine as of November 18, 2020, is $32,384.12. Po Ying Sem, owner, appeared, claiming that the tenants continue to not let workers in to make repairs due to Covid-19 and have not been paying rent. Also claimed is that eviction proceedings were filed in May; however, respondent did not have any evidence with her at the hearing, having left everything in the car. Ms. Zalman said she would certify the fine and that respondent must find ways to address this dangerous situation. Decision Based on testimony, Ms. Zalman certified the fine of $32,384.12, including administrative fee; the fine continues to accrue. Lien Reduction Hearing Case No. 15-1029 David & Ida M Hayes Property Address: 1626 N Seacrest Blvd 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 28, 2015. The Magistrate hearing was on June 17, 2015, no one appeared. Compliance date given was June 27, 2015, or $100 per day plus administrative fee. Date of compliance was September 21, 2015. The property has 85 days of non-compliance with fines of $100 per day in fines for $8,500 and administrative fee of $634.12, for a total of $9,134.12. Owner of property has complied for lien reduction. David Hayes, owner, asked that the total amount be waived, explaining that he was not present when the notice was served, supposedly to his wife, who passed in 2016. He did not discover there was a lien until he tried to insure the property in May in order to refinance for an equity line on the house. If the lien is cleared, he will try to apply for the various programs now available. The property was pretty much in compliance, the vehicles and stored materials have been cleared. Mr. Hayes’ sole income is Social Security Disability and has financial hardships due to payday loans and poor health. Ms. Zalman considered the hardship and reduced the lien to administrative fees only. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $634.12. Case No. 15-1186 Rita Fowler Trust th Property Address: 200 SW 7 Street Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date May 7, 2015. The Magistrate hearing was on July 25, 2015, no one appeared. Compliance date given was July 25, 2015, or $200 per day plus administrative fee. Date of compliance was March 10, 2020. The property has 1,941 days of non-compliance with fines of $200 per day in fines $300,200 and administrative fee of $634.12, for a total of $300,834.12. Owner of property has complied for lien reduction. (see related Case 18-0070) Danny Dante, new owner, Triple Net Multi Services, stated that he purchased the property with liens, for $126,000. Nearly $70,000 was spent to get the property up to par. Basically, the property was a crack house and an eyesore to the community, with police and paramedics calls multiple times a day. Ms. Zalman included Case 18-0070 into this testimony. The property is currently not occupied, pending the outcome of this hearing. City presented before and after photos of the property and recommended 10% reduction. Negotiations ensued. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $7,634.12, administrative fee included. Case No. 18-0070 Rita Fowler Trust th Property Address: 200 SW 7 Street Type of Property: Commercial Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date January 7, 2015. The Magistrate hearing was on April 18, 2018, no one appeared. Compliance date given was April 26, 2018, or $100 per day plus administrative fee. Date of compliance was November 17, 2020. The property has 920 days of non-compliance with fines of $100 per day in fines $92,000 and administrative fee of $634.12, for a total of $92,634.12. Owner of property has complied for lien reduction. (see related Case 15-1186) Danny Dante, new owner, Triple Net Multi Services, appeared. See testimony in Case 15-1186 above. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $2,365.88, administrative fee included. Case No. 18-570 JWS Investment LLC th Property Address: 158 NW 14 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 March 5, 2019. The Magistrate hearing was on November 18, 2018, no one appeared. Compliance date given was December 18, 2018, or $25 per day plus administrative fee. Date of compliance was March 10, 2020. The property has 427 days of non-compliance with fines of $25 per day in fines for $10,675.00 and administrative fee of $634.12, for a total of $11,309.12. Owner of property has complied for lien reduction. Jean Morriset, owner, stated the property was purchased for a family member without doing due diligence on the title search to discover the liens. To bring into compliance, parking was repaved, brand new AC, redo plumbing and roofing, almost $90,000 was spent in repairs. Purchase price was $172,000 in 2017. City recommends 10% reduction. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $1,381.37, administrative fee included. Case Hearing Case No. 18-1552 Synchronistic Endeavors LLC th Property Address: 220 SE 24 Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. City recommended property to be in compliance by December 18, 2020, or $50 a day assessed, plus administrative fee of $384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance date of December 18, 2020, or $50 a day fines assessed and administrative fee of $384.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 Case No. 20-0782 Nasser & Mariam Salama th Property Address: 1730 NE 6 St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. City recommended property to be in compliance by December 18, 2020, or $25 a day assessed, plus administrative fee of $384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance date of December 18, 2020, or $25 a day fines assessed and administrative fee of $384.12. Case No. 20-2343 Chery Fleurimont th Property Address: 540 NE 20 Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. There had been a previous offense which was paid; however, this is a new citation. No abatement, truck has been removed. City recommended a $100 fine plus, plus administrative fee of $384.12. Decision As no one was present to testify, Ms. Zalman ordered a $100 fine plus administrative fee of $384.12. Case No. 20-2733 Andre Adamo Estate Property Address: 10 Dalton Place Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Daniels presented the case. This is a health and safety issue. Owners have passed away and squatters have moved in. Police have reported illegal activity. Property needs to be boarded up and secured. City recommended property to be in compliance by December 18, 2020, or $50 a day assessed, plus administrative fee of $384.12, or a Board Order for a nuisance abatement. Decision As no one was present to testify, Ms. Zalman ordered compliance date of December 18, 2020, or $50 a day fines assessed and administrative fee of $384.12, or a Board Order for a nuisance abatement. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 Case No. 19-2348 Harry Giroux Property Address: 53 Peachtree Place Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case. Hole in the side of house from traffic accident has been repaired, but without permits. This is a health and safety issue. City recommended property to be in compliance by December 18, 2020, or $100 a day assessed, plus administrative fee of $384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance date of December 18, 2020, or $100 a day fines assessed and administrative fee of $384.12. Fine Certification Hearing Case No. 19-3743 Zelma McGrady th Property Address: 503 NW 9 Ave Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-2 CO CH 10 SEC 10-56H CO CH 15 SEC 15-120A CO CH 15 SEC 15-120D.1.a CO CH 15 SEC 15-120D.1.b CO CH 15 SEC 15-120D.1.d CO CH 15 SEC 15-120D.1.h CO CH 15 SEC 15-120E INCL CO CH 15 SEC 15-120E.2.a CO CH 15 SEC 15 ART 9 CO CH 15 SEC 15-120E.2.c Mow all overgrown property area, trim overgrown vegetation, remove all trash and debris. Overgrown trees impeding sidewalk, trim back. Remove Florida holly trees. Install sod in all dead areas including swale. Vehicle in th violation is located at 503 NW 9 Ave, contrary to City Code. All vehicles must be operable with current tags on vehicles at all times. Replace, repair, paint rotting fascia boards. Replace broken windows, permit required. Paint exterior wall of structure. Immediately remove large bees nest in fascia board (health and safety issue). Officer Hill presented the case. Notice of violation January 31, 2020. Original Magistrate Hearing August 19, 2020. Respondent did not appear. Compliance date September 11, Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 2020. Fine proposed was $200 per day plus $384.12 administrative fees. Violations still exist. Property last inspection November 17, 2020. There are 67 days of non-compliance at $200 per day. The total fine is $13,400 plus administrative fees of $384.12, administrative fees, for a total of $13,784.12. Decision As no one appeared, Ms. Zalman certified the fine to $13,784.12, including administrative fees; the fine continues to accrue. Case No. 20-0675 Frederic Terilus nd Property Address: 617 NE 2 St, Unit A Type of Property: Single-family, homesteaded Violation(s): CO CH 10 SEC 10-52 CO CH 15 SEC 15-120D.1.a nd Vehicle in violation is located at 617 NE 2 St, Unit A, contrary to City Code. Vehicle is inoperable, flat tires, front end damage, current tag must be on vehicle at all times. Remove all items stored outside around property, including tires. Officer Hill presented the case. Notice of violation May 1, 2020. Original Magistrate Hearing September 16, 2020. Respondent did not appear. Compliance date November 10, 2020. Fine proposed was $50 per day plus $384.12 administrative fees. Property last inspection November 10, 2020, violation has complied. There are 25 days of non- compliance at $50 per day. The total fine is $1,250 plus administrative fees of $384.12, administrative fees, for a total of $1,634.12. Decision As no one appeared, Ms. Zalman certified the fine to $1,634.12, including administrative fees; the fine continues to accrue. III. CHANGES TO THE AGENDA Item Case No. Status 1 20-1591 Complied 2 20-1838 Complied 3 20-1871 Complied 6 19-3022 Removed 30 days 7 19-3101 Removed 30 days 12 20-1109 Removed 30 days 13 19-0641 Removed 30 days 14 20-1391 Removed 30 days Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 18, 2020 Item Case No. Status 16 20-1222 Removed 30 days 20 20-0448 Removed 30 days 21 20-1918 Removed 30 days 22 20-1919 Removed 30 days 23 20-1656 Tabled 30 days 27 19-1668 Removed V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:49 a.m. \[Written by M. Moore, Prototype Inc.\] Page 12