Minutes 12-16-20
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, DECEMBER 16, 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
Lisa Tayar, Recording Secretary, ProtoType, Inc.
I. CALL TO ORDER
Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order
at 9:04 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. 20-2425 Karen D Shuler
st
Property Address: 1601 NE 1 St
Type of Property: Single-family, homesteaded
Violation(s): CO CH 14 SEC 14-3
Remove oversized truck from property.
Officer Weixler presented the case. Initial inspection date September 23, 2020. Not a
repeat violator. Initial notice issued September 23, 2020. Thirty days were given to
comply. Property was posted on December 4, 2020. Property last inspected December
15, 2020, violation still exists. City recommended property to be in compliance by January
30, 2021, or $25 a day assessed, plus administrative fee of $384.12.
Karen Shuler, owner, stated the vehicle is her son’s food truck and is in the back of the
property. Officer Weixler stated it is the size/type of vehicle that does not meet City Code.
Ms. Zalman explained that it is because of the nice area where they live that there is a
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
restriction. Respondent asked for an extension to find somewhere that will accept the
vehicle.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of February 15, 2021, or
$25 a day fines assessed and administrative fee of $384.12.
Case No. 20-1022 Sorin Filat
st
Property Address: 616 NW 1 Ave
Type of Property: Single-family, homesteaded
Violation(s): CO CH 20 SEC 20-6
Remove excess recreational vehicles (two maximum per
property). Cease boat repair on property and remove all
inoperable, unregistered boats from property.
Officer Hart presented the case, which was a routine inspection. Initial inspection date
March 20, 2020. Not a repeat violator. Initial notice issued September 28, 2020, via
written notice due to Covid. Ten days were given to comply. Date notice posted on
property and at City Hall was December 4, 2020, some jet skis were removed, but
violations still exist. Property last inspected December 15, 2020. Photographic evidence
was presented to Ms. Zalman. City recommended property to be in compliance by
January 15, 2021, or $25 a day assessed, plus administrative fee of $384.12.
Sorin Filat, Owner, appeared and explained the situation, which included some poor
health issues. Ms. Zalman explained in return that the cargo trailer is still considered an
unauthorized vehicle for that residence; Officer Hart stated neither of the boats are
registered or operable. Discussion followed on whether or not the trailer falls under
recreation or as a work vehicle; the small trailer can remain but needs to be on a concrete
surface; the remaining boats either have to be removed or be operable/registered and on
hard surface. The compliance date was extended.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of February 28, 2021, or
$25 a day fines assessed and administrative fee of $384.12.
Case No. 20-1182 Kid Glove LLC
th
Property Address: 345 SW 12 Ave
Type of Property: Single-family, non-homesteaded
Violation(s): LDR CH 2 ART IV SEC 2.a.2
Security cameras installed without a permit.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Officer Torres-Lee presented the case, which was a Building Department referral. Initial
inspection date May 14, 2020. Not a repeat violator. Initial notice made on June 23,
2020, via courtesy notice. Thirty days were given to comply. Date notice sent Certified
Mail October 14, 2020, green card not signed. Property posted December 4, 2020. No
contact received from owner; spoke with resident/tenant the date of posting. Property
last inspected December 14, 2020. Photographs were entered into evident. This is not
a health and safety hazard. City recommended property to be in compliance by January
30, 2021, or $50 a day assessed, plus administrative fee of $384.12.
Steve Avrus, Kid Glove, LLC, owner, stated an inspector had come out months
previous and stated everything was okay. Officer Torres-Lee stated the tenant said a
third-party (ADT?) came and installed the hard-wired system. Ms. Zalman tabled the
matter as this may be a case of miscommunication.
Decision
Based on the evidence, Ms. Zalman tabled the case for thirty days.
Case No. 20-1656 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. Initial inspection
date July 20, 2020. Not a repeat violator. Initial notice issued July 20, 2020, via door
hanger. Ten days were given to comply. Date notice sent Certified Mail November 23,
2020. Property was posted and at City Hall December 4, 2020. Property last inspected
December 14, 2020. This is not a health and safety hazard. Photographic evidence was
given. City recommended property to be in compliance by January 30, 2021, or $25 a
day assessed, plus administrative fee of $384.12.
Hannah Long, daughter of owner, stated more plants and more time are needed; Ms.
Zalman commented that this method is not working and may need to be stepped up. After
examination of photographs, seedlings of Sunshine Mimosa are slowly taking root. Other
options were discussed. In the interim, the compliance date was extended.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of February 15, 2021, or
$25 a day fines assessed and administrative fee of $384.12.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Fine Certification Hearing
Case No. 19-1673 Andrew Lassise
th
Property Address: 223 SW 11 Ave
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 13 SEC 13-16
CO CH 13 SEC 13-7 INCL
Obtain a Business Tax Receipt and Certificate of Use and
Occupancy.
CO CH 15 SEC 15-120.D.1.E.
CO CH 15 SEC 15-120.E.1.
CO CH 10 SEC 10-56.D.
CO CH 10 SEC 10-59.E.
Officer Torres-Lee presented the case. Notice of violation June 5, 2020. Original
Magistrate Hearing September 16, 2020. Respondent did appear. Compliance date
October 16, 2020. Fine proposed was $50 per day plus $384.12 administrative fees.
Property last inspected December 16, 2020, violations still exist. There are currently 30
days of non-compliance at $50 per day, and the fine continues to accrue. The total fine
as of December 16, 2020, is $1,500, plus administrative fee $384.12, for a total of
$1,884.12.
Andrew Lassise, owner, appeared and related a chain of events with AC Permits to
replace the windows done with correct permits, $900 was paid but received no replies to
20 different text messages and 15 phone calls for documentation of the work progress.
At the September 16, 2020, Magistrate Hearing, the contractor appeared to explain the
situation and promising it would be handled; on November 30, after no contact or
documentation, Owner followed up with City to discover permit had not been paid, and
received excuses of identity theft from the contractor. At that time, respondent paid the
permit fee ($203.09) himself on December 2 to move the process along in addition to
$150 additional to expedite the process. Mr. Lassise has now hired a contractor at $6,740
(on top of all the money for permits). Current total is $13,107.84 (not including fees) in
hard expenses to come into compliance. Additionally, a landscaper has been hired for
$1,695 to bring the most recent soil issue into compliance. City stated that the fine
certification would not be made today and more time would be granted to complete the
process. Ms. Zalman encouraged Mr. Lassise to bring a ledger of all transactions with
AC Permits to the next hearing.
Decision
Based on testimony, Ms. Zalman did not certify the fine of $1,884.12, including
administrative fee; however, the fine continues to accrue. The case was tabled to March
2021.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Lien Reduction Hearing
Case No. 16-403 TAH 2015 1 Borrower LLC
rd
Property Address: 618 SW 3 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 8, 2016. The
Magistrate hearing was on April 20, 2016, no one appeared. Compliance date given was
May 5, 2016, or $500 per day plus administrative fee. Date of compliance was August 8,
2016. The property has 94 days of non-compliance with fines of $500 per day in fines for
$47,000 and administrative fee of $634.12, for a total of $47,634.12. Owner of property
has complied for lien reduction.
John Scalia, representative, gave an overview of what was done to bring the property
into compliance; City recommended reduction to $10,634.12.
Decision
Based on the testimony, Ms. Zalman ordered the lien reduced to $10,634.12,
administrative fee included.
Case No. 18-745 TAH 2016 1 Borrower LLC
th
Property Address: 302 SW 5 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 18, 2018. The
Magistrate hearing was on July 18, 2018, no one appeared. Compliance date given was
August 9, 2018, or $50 per day plus administrative fee. Date of compliance was August
8, 2020. The property has 831 days of non-compliance with fines of $50 per day in fines
for $41,500 and administrative fee of $634.12, for a total of $42,134.12. Owner of
property has complied for lien reduction.
John Scalia, representative, gave an overview of what was done to bring the property
into compliance; City recommended reduction to $7,634.12.
Decision
Based on the testimony, Ms. Zalman ordered the lien reduced to $7,634.12,
administrative fee included.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Case Hearing
Case No. 19-3276 Elan Fenel & Salomon Holdine
Property Address: 83 Magnolia Circle
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Hart presented the case, asked that the case be removed pending a re-inspection.
Decision
Ms. Zalman ordered the case be removed.
Case No. 19-1895 Robert S Gordon
st
Property Address: 431 SW 1 Ave
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case, asked that the case be removed pending a BTR
inspection.
Decision
Ms. Zalman ordered the case be removed.
Case No. 19-3494 H & R Presendieu
th
Property Address: 112 SW 5 Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case, asked that the case be removed to give owner
time to put down sod.
Decision
Ms. Zalman ordered the case be removed.
Case No. 20-1546 Ismith F Jean
th
Property Address: 301 SW 13 Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case, asked that the case be removed as owner is
removing the truck to Haiti.
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Decision
Ms. Zalman ordered the case be removed.
Case No. 20-1811 Betsalel Lazar & Yossi Vanon
th
Property Address: 133 SW 10 Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case. Not a health and safety issue. City recommended
property to be in compliance by January 15, 2021, 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 January 15,
2021, or $50 a day fines assessed and administrative fee of $384.12.
Fine Certification Hearing
Case No. 20-0091 Francisco J Francisco
Property Address: 203 E Gateway Blvd
Type of Property: Single family, homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.A
CO CH 15 SEC 15-120D.1.E
CO CH 15 SEC 15-120D.1.H
CO CH 20 SEC 20-6
Mow and maintain all overgrown property areas, trim
overgrown vegetation. Remove all outdoor storage, trash,
and debris from property. Relocate trailer to a solid surface
(complied, trailer removed).
Officer Hill presented the case. Notice of violation May 1, 2020. Original Magistrate
Hearing September 16, 2020. Respondent did appear. Compliance date October 31,
2020. Fine proposed was $25 per day plus $384.12 administrative fees. Property last
inspected December 15, 2020, and violations still exist. There are currently 46 days of
non-compliance at $25 per day, and the fine continues to accrue. The total fine is
$1,150.00 plus $384.12 administrative fees, for a total of $1,534.12.
Decision
As no one appeared, Ms. Zalman certified the fine of $1,534.12, including administrative
fee, which fine continues to accrue.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Case No. 20-0595 Ulrick & Yvonne Joseph
Property Address: 3180 E Atlantic Drive
Type of Property: Single family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. Notice of violation June 30, 2020. Original
Magistrate Hearing October 21, 2020. Respondent did appear. Compliance date
November 20, 2020. Fine proposed was $50 per day plus $384.12 administrative fees.
Property last inspected December 15, 2020, and violations still exist. There are currently
26 days of non-compliance at $50 per day, and the fine continues to accrue. The total
fine is $1,300.00 plus $384.12 administrative fees, for a total of $1,684.12.
Decision
As no one appeared, Ms. Zalman certified the fine of $1,684.12, including administrative
fee, which fine continues to accrue.
Case Hearing
Case No. 20-0259 Cerberus SFR Holdings LP
Property Address: 410 Miner Rd
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case, which was a routine inspection. Not a repeat
violator. Notice issued January 22, 2020, via door hanger. Fifteen days were given to
comply. Notice sent Certified Mail November 4, 2020, signed green card dated November
20, 2020. Repeated contacts with promises to pay fine are unresolved. City
recommended property to be in compliance by January 15, 2021, 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 January 15,
2021, or $50 a day fines assessed and administrative fee of $384.12.
Case No. 20-2050 Christian Servil
th
Property Address: 210 NW 28 Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case, which was a routine inspection. Initial inspection
August 18, 2020. This is a repeat violator. Notice issued August 18, 2020, via door
hanger. Fifteen days were given to comply. Notice sent Certified Mail November 14,
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
2020, signed green card dated November 22, 2020. Last inspection December 15, 2020,
violations still exist; photographs submitted. This is not a health and safety hazard. City
recommended property to be in compliance by January 15, 2021, 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 January 15,
2021, or $50 a day fines assessed and administrative fee of $384.12.
Fine Certification Hearing
Case No. 20-0447 Advenir@Banyan LLC
Property Address: 1561 Stonehaven Dr
Type of Property: Single family, homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.A
CO CH 15 SEC 15-120D.1.E
CO CH 15 SEC 15-120D.1.H
CO CH 20 SEC 20-6
Mow and maintain all overgrown property areas, trim
overgrown vegetation. Remove all outdoor storage, trash,
and debris from property. Relocate trailer to a solid surface
(complied, trailer removed).
Officer Hart presented the case, stating he had spoken with the attorney December 15,
2020, to learn they are working on the problem with the Building Department. Request
made for more time; City asked to be tabled for 60 days.
Decision
Based on testimony, Ms. Zalman tabled the case for 60 days.
Case No. 20-1534 215 S Seacrest LLC c/o R Berg
nd
Property Address: 107 SW 2 Ave
Type of Property: Single family, homesteaded
Violation(s): CO CH 13 SEC 13-16
CO CH 13 SEC 13-7
Business Tax Receipt and Certificate of Use and
Occupancy expired.
Officer Torres-Lee presented the case. Notice of violation July 10, 2020. Original
Magistrate Hearing September 16, 2020. Respondent did not appear. Compliance date
October 31, 2020. Fine proposed was $50 per day plus $384.12 administrative fees.
Property last inspected December 15, 2020, and violation has complied as of November
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
18, 2020. There are currently 17 days of non-compliance at $50 per day, and the fine
continues to accrue. The total fine is $850.00 plus $384.12 administrative fees, for a total
of $1,234.12.
Decision
As no one appeared, Ms. Zalman certified the fine of $1,234.12, including administrative
fee.
Case Hearing
Case No. 20-2009 Joseph & Delizia Noreus
th
Property Address: 501 NW 5 St
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Hill presented the case. This is not a health and safety matter. City recommended
property to be in compliance by January 15, 2021, 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 January 15,
2021, or $25 a day fines assessed and administrative fee of $384.12.
Case No. 20-2382 Henry Sharp
th
Property Address: 214 NW 5 Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Hill presented the case. This is not a health and safety matter. City recommended
property to be in compliance by January 15, 2021, 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 January 15,
2021, or $25 a day fines assessed and administrative fee of $384.12
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Community Standards Special Magistrate Hearings
Boynton Beach, Florida December 16, 2020
Case No. 20-2484 Benham LLC
th
Property Address: 240 NW 20 Ct
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Weixler presented the case, stating the case is closed.
Case No. 20-1410 Joseph Catalanotto
Property Address: 7 Via De Casas Sur #201
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Daniels/Officer Hart presented the case, which was a citizen complaint. Initial
inspection date June 22, 2020. Initial notice issued July 8, 2020, via courtesy notice.
Fifteen days were given to comply. Proof of Service by Certified Mail October 30, 2020,
signed green card dated November 12, 2020. Application has been made, but inspection
has not been performed. Item tabled.
Decision
As per Officer Hart’s recommendation, Ms. Zalman tabled the case.
III. CHANGES TO THE AGENDA
Item Case No. Status
2 20-2362 Removed
6 20-2400 Complied
7 20-2410 Complied
8 20-2419 Complied
10 20-1866 Complied
14 20-1200 Complied
18 20-0109 Complied
20 20-1428 Complied
21 20-1522 Removed
V. ADJOURNMENT
Ms. Zalman concluded the hearing at 10:22 a.m.
\[Written by M. Moore, ProtoType Inc.\]
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