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Minutes 02-17-21 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, FEBRUARY 17, 2021, 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 9:11 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 Property Address: 1601 NE 1St St Type of Property: Single-family, homesteaded Violation(s): CO CH 14 SEC 14-3 Remove oversized truck from the property. Officer Guillaume presented the case, which was a routine inspection. Initial inspection date September 23, 2020. Not a repeat violator. Initial written notice issued. Zero days were given to comply. Fine $100 for one occurrence. Date notice sent Certified Mail January 15, 2021, green card signed January 21, 2021. Property last inspected February 17, 2021. Not a safety hazard. City recommended a fine of$100 plus administrative fee of$384.12. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Ms. Zalman recalled this case from December 2020, which falls under the truck parking regulation, subject to a penalty, $100 for first violation, $200 for second violation, and third or more violations $500 per violation (see new Truck Parking Ordinance, attached). Each calendar day in which a violation exists shall constitute a separate violation for purposes of determining the fine. Originally, Ms. Zalman took a different route granting time to cure; obviously, it was not cured and Ms. Zalman was inclined to enter the order of the original request today, plus fees. Respondent was cautioned because the fines can go up very quickly after that. Jerry Shuler, owner, stated all attempts to find someone to take the truck have fallen through, found someone but the site where the truck will go will not be ready to receive vehicles for another two weeks. Ms. Zalman reminded the respondent that she cannot change the codes, but has to enact them as written; the way this code is written, violations continue each day it stays there. She instructed respondent to make alternate arrangements immediately for the truck; no more extensions can be granted. Decision Based on the evidence, Ms. Zalman imposed a $100.00 fine for the first violation plus administrative charges in the amount of$384.12. Case No. 20-2794 Kay F Patrick Property Address: 430 NW 10th Ave Type of Property: Single-family, homesteaded Violation(s)- Officer Hill presented the case and stated it will be removed for 30 days. Decision Ms. Zalman ordered the case be removed for 30 days. Case No. 20-3259 US Bank Trust NA Trust Property Address: 126 NE 12th Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 ART 9 SEC 15-120.E.2.C. CO CH 10 SEC 10-56.D. All windows and doors need to be boarded up and secured with screws to ensure that squatters don't continue to gain access to the inside of the home. All broken windows, doors, and fencing need to be repaired and/or replaced. Officer Hill presented the case, which was a citizen complaint. Initial inspection date December 30, 2020. Not a repeat violator. Initial notice issued December 30, 2020, via Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 written notice. Ten days were given to comply. Date notice sent Certified Mail was January 22, 2021, signed green card dated February 3, 2021. Multiple calls received from neighbors and contact from PD that the house was broken into and not maintained by owners. The property is registered as vacant; owners repaired one front window but left rest of home unsecured. Property last inspected February 16, 2021, all violations still exist. Property is a health and safety hazard due to squatters, shattered glass, and garbage accumulating inside and out. City recommended property to be in compliance by February 26, 2021, or $100 a day assessed, plus administrative fee of$384.12. Also requested is an order to abate. Adam Malley, attorney for bank/owner, appeared and explained the owner's desire to comply as quickly as possible and can comply by date given. Previous contractor did not fulfill their assignment. Decision Based on the evidence, Ms. Zalman ordered compliance date of February 26, 2021, or $100 a day fines assessed and administrative fee of$384.12. Case No. 20-2420 Platinum Organization Inc. Property Address: 2626 NE 3rd Court Type of Property: Single-family, non-homesteaded Violation(s)- Officer Estime presented the case and stated it will be removed for 30 days. Decision Ms. Zalman ordered the case be removed for 30 days. Case No. 20-2768 Crossings Master Assn Inc. Property Address: 36 Crossing Circle Type of Property: Multi-family, non-homesteaded Violation(s): CO CH 15 SEC 15-120.A. Trim back hedges on walkway on NE 4t" St. Officer Estime presented the case, which was a citizen complaint. Initial inspection date October 27, 2020. Not a repeat violator. Initial notice issued October 30, 2020, via courtesy notice. Thirty days were given to comply. Date notice sent Certified Mail was December 16, 2020, signed green card dated December 21, 2020. Property last inspected February 16, 2021, violation still exists; property managers contacted and claim to have not received notice. Not a health and safety hazard. City recommended property to be in compliance by March 3, 2021, or $50 a day assessed, plus administrative fee of $384.12. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Eric Holtz, Real Management, appeared on behalf of respondent, explained that attorney from association never updated Sunbiz; prior management company still listed. Once notification was received, property was updated and landscapers are on-site now resolving the matter. Mr. Holtz asked that the matter be dismissed; however, Ms. Zalman tabled the matter and explained how to resolve the matter. City also advised that the property is about to be cited for loose trash on the Gateway side. Respondent said a chained trashcan has been installed at the school bus stop (two cans already stolen) and they will monitor the site every day. Decision Based on the evidence, Ms. Zalman ordered the matter be tabled 30 days. Case No. 17-2584 Michael Hanlon Property Address: 2385 SW 13th Way Type of Property: Single-family, homesteaded Violation(s): CO CH 15 SEC 15-120.E.INCL Repair/replace roof on the back of home to prevent water intrusion. Permits may be required. Officer Hart presented the case, which was a citizen complaint. Initial inspection date December 21, 2017. Not a repeat violator. Initial notice issued December 21, 2017, via verbal communication. Thirty days were given to comply. Date notice posted on property and at City Hall February 5, 2021. Roof in disrepair, Habitat for Humanity was trying to help but unable due to extent of work needed, nor could Home Depot or Lowe's help. City contacted Team Rubicon, but damage also beyond their scope of work. Paperwork and contact supplied from City Community Improvement Program on September 2020, but has not been returned. This is the extent of the City's ability to help. Property last inspection February 16, 2021, this is a health and safety hazard as roof is essentially gone; trusses are rotted, respondent has attempted to repair on his own but had no permits or inspections made. City recommended property to be in compliance by March 237 2021, or $100 a day assessed, plus administrative fee of$384.12. Michael Hanlon, owner, appeared and stated he is currently living in the home. Ms. Zalman explained that permits are necessary to continue the work on the roof and is inclined to extend the compliance time. Respondent was encouraged to continue working with City to fix the issue. Decision Based on the evidence, Ms. Zalman ordered compliance date of April 30, 2021, or $100 a day fines assessed and administrative fee of$384.12. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Case No. 20-2899 Vernon Thompson Jr. Property Address: 2535 SW 12th St Type of Property: Single-family, non-homesteaded Violation(s): CO CH 10 SEC 10-56C CO CH 10 SEC 15-120E.2.C. Remove all dark, stagnant, black water from the pool and replace with clean water or drain and cover. Replace all equipment to maintain the pool in a clean and sanitary condition. Repair or replace all torn screens on the patio enclosure. Officer Hart presented the case, which was a citizen complaint. Initial inspection date November 20, 2020. Not a repeat violator. Initial notice issued November 24, 2020, via courtesy notice. Ten days were given to comply. Date notice posted on property and at City Hall February 5, 2021. Property last inspection February 16, 2021, all violations still exist. This is a health and safety hazard. City recommended property to be in compliance by March 3, 2021, or $100 a day assessed, plus administrative fee of$384.12. Vernon Craig Thompson, owner, appeared and stated he is currently living on the home. Ms. Zalman exclaimed that the pictures are awful. Respondent explained repair people are coming Saturday and will be taken care of. There are some family dynamics as to how matters are being handled since death of respondent's parents last year. Decision Based on the evidence, Ms. Zalman ordered compliance date of March 3, 2021, or $100 a day fines assessed and administrative fee of$384.12. Fine Certification Hearing Case No. 20-2009 Joseph & Delizia Noreus Property Address: 501 NW 5th St Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hill presented the case. Notice of violation September 23, 2020. Original Magistrate Hearing December 16, 2020. Respondent did not appear. Compliance date January 15, 2021. Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspected February 16, 2021, some violations still exist. There are 33 days of non-compliance and the fine continues to accrue at $25 per day. The total fine is $825.00, plus administrative fee $384.12, for a total of$1,209.12. Joseph Noreus, owner, and daughter Jonita Noreus appeared and explained they were not aware about the items of storage in the backyard that have not yet been Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 removed. The language barrier with the owner has led to some miscommunications. Respondent asked about the possibility of installing a shed for storage in the back yard and received instructions. Decision Based on testimony, Ms. Zalman did not certify the accrued fine until this day, but the daily fines will continue to accrue at $25 per day plus administrative costs. Case Hearing Case No. 20-3205 Henry Aisha and Thompson Derrick Property Address: 1324 NW 7t" St Type of Property: Single-family, homesteaded Violation(s): CO CH 14 SEC 14-3 Truck parking regulation. Remove oversized vehicle and all oversized commercial equipment. Officer Daniels presented the case, which was a citizen's complaint. Initial inspection date December 22, 2020. Not a repeat violator. Initial notice issued December 22, 2020. Twelve days were given to comply. Date notice sent Certified Mail January 8, 2021, green card signed January 23, 2021. Not a health and safety issue. Trash and debris have been removed; only matter of vehicle remains. City recommended a Cease & Desist and $500 per occurrence, plus administrative fee of$384.12. Derrick Thompson, owner, stated the truck is moved almost every day; he comes in late and night and parks there behind the fence. The truck was not present when last inspected on February 16, 2021. Officer Pierre explained the citizen complaint further; that every day the neighbor calls about what is not an oversized truck but that construction equipment is coming into the house. This complaint includes trailers and other equipment besides the truck; therefore City requests a Cease & Desist order to stop the equipment material coming into the house and, if it continues, there will be a $500 fine each time those materials come into the house. Officer Pierre stated this case needs to be removed as it is under the wrong code and the respondents will need to be re-cited for bringing construction equipment into the house. Some discussion ensued; City stated that as of this date there will not be any fine issued but that the case would be monitored for equipment coming back to the house which would entail a $500 per occurrence fine. Ms. Zalman referenced Code CH 15 SEC 15-120.D.1.A. for inspections going forward from this date. Decision Based on the evidence, Ms. Zalman ordered no fines be assessed but the imposing of a Cease & Desist for the storage of an oversized vehicle and all oversized commercial Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 equipment, or be fined $500.00 per occurrence plus administrative charges of $384.12 already assessed. Lien Reduction Hearing Case No. 18-1877 Neil Richardson Property Address: 140 SE 2nd 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 August 21, 2018. The Magistrate hearing was on May 15, 2019, no one appeared. Compliance date given was July 1, 2019, or $25 per day plus administrative fee. Date of compliance was November 6, 2019. The property has 127 days of non-compliance with fines of$25 per day in fines for $3,175.00 and administrative fee of $634.12, for a total of $3,809.12. Owner of property has complied for lien reduction. Neil Richardson, owner, appeared and stated that no certified letter of fine on property had been received and would not have known about the violation were it not for finally being emailed about. City recommended reduction of 5% plus administrative fee/ Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $792.87, administrative fee included. III. CHANGES TO THE AGENDA Item Case No. Status 3 19-2594 Removed 30 days 6 20-0062 Complied 7 20-0558 Complied 8 20-1187 Complied 10 20-1093 Closed 11 20-1292 Removed, case to be recited 14 20-0505 Removed 30 days 15 20-1327 Removed 30 days 16 20-2283 Closed 21 20-0448 Removed 30 days 23 20-1024 Removed 30 days 26 20-2181 Removed 30 days 29 20-1402 Complied 31 20-2740 Removed 30 days Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Ms. Zalman called a five-minute recess. IV. Case Hearing Case No. 19-3101 Jacqueline Cerac Property Address: 110 NE 17th Ave Type of Property- Violation(s)- As noted in the Notice of Violation Officer Daniels presented the case, and asked to table the case for 30 days. Decision Ms. Zalman ordered case to be tabled for 30 days. Case No. 20-0705 Exsorro One Inc Property Address: 421 SE 5th Ave Type of Property- Violation(s)- As stated in the Notice of Violations Officer Guillaume presented the case. City recommended property to be in compliance by March 23, 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 March 23, 2021, or $25 a day fines assessed and administrative fee of$384.12. Case No. 20-2482 Cecilia M Martinez Property Address: 5 Dalton Place Type of Property- Violation(s)- As noted in the Notice of Violation Officer Daniels presented the case, and stated it has complied. Case No. 20-2708 620 Ocean Inlet Property Address: 4 Via De Casas Sur Unit 102 Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Daniels presented the case, which was a citizen complaint. Initial inspection date October 28, 2020. Upon last inspection, the workers were working without a permit and were told to stop work; unable to contact owners. City recommended property to be in compliance by March 8, 2021, or$50 a day assessed, plus administrative fee of$384.12. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Decision As no one was present to testify, Ms. Zalman ordered compliance date of March 8, 2021, or $50 a day fines assessed and administrative fee of$384.12. Case No. 20-1021 Zephrin Investments LLC Property Address: 629 NW 1St Ave Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case, which was a routine inspection. Initial inspection August 3, 2020. City recommended property to be in compliance by March 23, 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 March 23, 2021, or $50 a day fines assessed and administrative fee of$384.12. Case No. 20-2101 Jonathon & Maryland Hammett Property Address: 102 SW 7th St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case. Spoke with owners February 16, 2021, having trouble getting easement agreement, would like to table 30 days pending reinspection. Decision Ms. Zalman ordered case to be tabled for 30 days. Case No. 20-2105 Kellyn Calvo & Jose Perez Property Address: 2521 SW 11th St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case. This is a health and safety hazard, extensive work done without permits and have yet to apply. City recommended property to be in compliance by March 23, 2021, 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 March 23, 2021, or $100 a day fines assessed and administrative fee of$384.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Case No. 21-0293 Nevert & Esperant Lahens Property Address: 1471 NW 3rd St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case, stating it has closed for improper citing. Case No. 20-0807 BDM Ventures FL LLLP Property Address: 144 SW 8th Ave Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Torres-Lee presented the case. Property is a health and safety hazard as no valid BTR; inspection failed, missing or weak smoke detectors. Additional violations: very low water pressure, no access to electrical panel in one unit. Property manager has not responded for new inspection. City recommended property to be in compliance by February 26, 2021, or $100 a day assessed, plus administrative fee of $384.12. Ms. Zalman increased fine to $200 a day. Decision As no one was present to testify, Ms. Zalman ordered compliance date of February 26, 2021, or $200 a day fines assessed and administrative fee of$384.12. Fine Certification Hearing Case No. 18-1552 Synchronistic Endeavors LLC Property Address: 220 SE 24th Ave Type of Property- Violation(s)- As noted in the Notice of Violation Officer Guillaume presented the case. Notice of violation July 25, 2018. Original Magistrate Hearing November 18, 2020. Respondent did not appear. Compliance date December 18, 2020. Fine proposed was $50 per day plus $384.12 administrative fees. Property last inspection February 16, 2021, violations still exist. There are 62 days of non-compliance at $50 per day, fines continue to accrue. The total fine is $3,100 plus administrative fees of$384.12, administrative fees, for a total of$3,484.12. Decision As no one appeared, Ms. Zalman certified the fine to $3,484.12, including administrative fees; the fine continues to accrue. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 Case No. 19-0539 Deivin Guzman Property Address: 101 Azalea Circle Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Guillaume presented the case. Notice of violation May 16, 2019. Original Magistrate Hearing January 15, 2020. Respondent did appear. Compliance date March 1, 2020. Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspection February 16, 2021, violations still exist. There are 354 days of non-compliance at $25 per day, fines continue to accrue. The total fine is $8,850 plus administrative fees of$384.12, administrative fees, for a total of$9,234.12. Decision As no one appeared, Ms. Zalman certified the fine to $9,234.12, including administrative fees; the fine continues to accrue. Case No. 20-2050 Christian Servil Property Address: 210 NW 28th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Officer Estime presented the case. Notice of violation September 24, 2020. Original Magistrate Hearing February 167 2020. Respondent did not appear. Compliance date January 15, 2021. Fine proposed was $50 per day plus $384.12 administrative fees. Property last inspection February 4, 2021, violations still exist. There are 19 days of non- compliance at $50 per day, fines continue to accrue. The total fine is $950 plus administrative fees of$384.12, administrative fees, for a total of$1,334.12. Decision As no one appeared, Ms. Zalman certified the fine to $1,334.12, including administrative fees; the fine continues to accrue. Case No. 20-0447 Advenir@Banyan LLC Property Address: 1561 Stonehaven Dr Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Hart presented the case. Notice of violation February 7, 2020. Original Magistrate Hearing October 21, 2020. Respondent did appear. Compliance date November 20, 2020. Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspection November 21, 2020, violations still exist. There are 81 days of non-compliance Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 at $25 per day, fines continue to accrue. The total fine is $2,225 plus administrative fees of$384.12, administrative fees, for a total of$2,609.12. Decision As no one appeared, Ms. Zalman certified the fine to $2,609.12, including administrative fees; the fine continues to accrue. Hearing adjourned at 10:38 a.m. However, respondent CRA representative arrived shortly thereafter and the hearing reconvened at 10:23 a.m. Lien Reduction Hearing The following four cases are for the same property and will be heard all at once: Case No. 07-1055 J & Willie Mae Murray Property Address: 549 NW 11th Avenue 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 25, 2007. The Magistrate hearing was on June 20, 2007, no one appeared. Compliance date given was August 197 2007, or $50 per day plus administrative fee. Date of compliance was August 31, 2011. The property has 1,472 days of non-compliance with fines of$50 per day in fines for $73,600.00 and administrative fee of $634.12, for a total of $74,234.12. Owner of property has complied for lien reduction. Case No. 09-3024 J & Willie Mae Murray Property Address: 549 NW 11th Avenue Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date September 18, 2009. The Magistrate hearing was on November 18, 2009, no one appeared. Compliance date given was November 28, 2009, or $250 per day plus administrative fee. Date of compliance was August 31, 2011. The property has 640 days of non-compliance with fines of $250 per day in fines for $160,000.00 and administrative fee of $634.12, for a total of$160,634.12. Owner of property has complied for lien reduction. Case No. 10-1839 J & Willie Mae Murray Property Address: 549 NW 11th Avenue Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida February 17, 2021 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 $500 per day plus administrative fee. Date of compliance was August 31, 2011. The property has 367 days of non-compliance with fines of $500 per day in fines for $183,500.00 and administrative fee of $634.12, for a total of $184,134.12. Owner of property has complied for lien reduction. Case No. 11-0310 J & Willie Mae Murray Property Address: 549 NW 11th Avenue Type of Property: Vacant Lot Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date February 4, 2011. The Magistrate hearing was on March 16, 2011, no one appeared. Compliance date given was March 26, 2011, or $500 per day plus administrative fee. Date of compliance was August 31, 2011. The property has 157 days of non-compliance with fines of $500 per day in fines for $78,500.00 and administrative fee of $634.12, for a total of $79,134.12. Owner of property has complied for lien reduction. Theresa Utterback, Development Services Manager, Boynton Beach Community Redevelopment Agency, appeared and gave the background of acquiring the property through the Land Sales Acquisition, Palm Beach Clerk. CRA Board approved the purchase of the property through that process. The amount due and paid to the Clerk was $21,762.35 and was immediately deeded to the CRA. Also paid were a water lien on property in the amount of$2,100; several mow liens in the amount of$15,232.30. The property is a vacant lot in Cherry Hill where the CRA has been attempting to buy other vacant lots for affordable housing developing through Faith Based CDC Community Development; also working the Habitat for Humanity. CRA is attempting to buy such properties that have accruing liens. The process for fulfilling Notice to Dispose criteria was explained to Ms. Zalman. City recommended administrative fees only; Mr. Temple spoke, explaining that the lot mowing fees, accrued interest, and administrative fees have been paid in full and stated that the daily fines do not need to be paid at this time. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to administrative costs of $634.12 on each property. For the record, Item 41, Lien Reduction Case 17-1964 was a no-show. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:01 a.m. [Written by M. Moore, ProtoType Inc.] Page 13