Minutes 03-17-21 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, MARCH 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 9:05 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. 20-2794 Kay F Patrick
Property Address: 430 NW 10th Ave
Type of Property: Single-family, homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.a.
Remove inoperable truck from the property.
Officer Hill presented the case, which was a citizen complaint. Initial inspection date
October 31, 2020. Not a repeat violator. Initial written notice issued November 6, 2020,
as a courtesy notice. Ten days were given to comply. Date notice sent Certified Mail
February 22, 2021, green card signed March 8, 2021. Officer met with truck owner at the
property on March 4, 2021, to hand deliver notice. The truck has not moved in months
and is full of storage; owner confirmed tag was not valid and would be working to get the
vehicle operable. Property last inspected March 16, 2021. Not a health and safety
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
hazard. City recommended property to be in compliance by April 18, 2021, or $50 a day
assessed, plus administrative fee of$384.12.
Troy Davis, owner of the truck, son of property owner, stated was not aware a permit
to speak was needed to testify. Ms. Zalman followed the City's recommendation. Mr.
Davis claimed the truck had been removed since last inspection.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 8, 2021, or $25 a
day fines assessed and administrative fee of$384.12.
Case No. 19-2558 Caitlin M Goldman & Sid Gordon
Property Address: 313 Gulfstream Blvd
Type of Property: Single-family, non-homesteaded
Violation(s): LDR CH 2 ART 4 SEC 2.a.2
Apply for and obtain permit for the fence.
Officer Daniels presented the case, which was a routine inspection. Initial inspection date
August 27, 2019. Not a repeat violator. Initial notice issued September 6, 2019, via
courtesy notice. Fifteen days were given to comply. Date notice sent Certified Mail was
February 2, 2021, signed green card dated February 6, 2021. Tenant hired contractor
who had begun permit process, permit never approved. New contractor has been hired,
building permit application submitted along with expedited plan review. City
recommended property to be in compliance by April 13, 2021, or $50 a day assessed,
plus administrative fee of$384.12.
Unauthorized person appeared on behalf of respondent. Because of evidence of an
expedited permit process, case will be tabled 30 days.
Decision
Based on the evidence, Ms. Zalman ordered the matter be tabled 30 days.
Case No. 20-1185 Alexise L Denis
Property Address: 168 SE 30th Ave
Type of Property: Single-family, homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.d.
CO CH 15 SEC 15-120D.1.a.
Remove all outside storage from the property and install
sod to cover all bare ground areas.
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Officer Daniels presented the case, which was a citizen complaint. Initial inspection date
May 14, 2020. Not a repeat violator. Initial notice issued May 14, 2020, via written notice.
Ten days were given to comply. Date notice sent Certified Mail was February 2, 2021,
signed green card dated February 8, 2021. Property last inspected March 16, 2021,
violations still exist. Some sod was installed but did not grow. City recommended
property to be in compliance by April 29, 2021, or$25 a day assessed, plus administrative
fee of$384.12.
Alexise L. Denis, owner, appeared stating inability to afford resodding the lawn and that
storage in carport is due to work being done inside the house. City gave
recommendations on options for seeding the large yard and recommended case be
tabled 90 days.
Decision
Based on the evidence, Ms. Zalman ordered the matter be tabled 90 days.
Case No. 20-2152 Popamar Investment LLC
Property Address: 213 SE 1St Circle
Type of Property: Single-family, non-homesteaded
Violation(s): LDR CH 2 ART 4 SEC 2.a.2
Apply for and obtain permit for patio enclosure.
Officer Daniels presented the case, which was a citizen complaint. Initial inspection date
August 26, 2020. Not a repeat violator. Initial notice issued August 31, 2020. Thirty days
were given to comply. Date notice posted on property and at City Hall was March 4,
2021. Property owner contacted for an extension as going on a vacation and was
declined. City recommended property to be in compliance by April 29, 2021, or $50 a
day assessed, plus administrative fee of$384.12.
Florian Popa, registered owner, appeared, stating permit was applied for the previous
week. Officer Daniels reported conflicting information circulating among the HOA
community, but everyone who has enclosed the patio knows that a permit is required;
also as of March 16 there was no permit application for this property. Ms. Zalman
suggested taking the matter to the HOA as there may be misinformation.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 29, 2021, or $50 a
day fines assessed and administrative fee of$384.12.
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Case No. 20-1383 JSF Enterprises LLC
Property Address: 123 SW 6t" Ave
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 13 SEC 13-71NCL
CO CH 13 SEC 13-16
Apply for, pass inspection, and obtain a Certificate of Use
and Occupancy and Business Tax Receipt. Not in
compliance, BTR cannot be issued until all permits are
obtained and inspection passes.
LDR CH 2 ART 4 SEC 2.a.2.
Obtain permits for all new work performed, including but
not limited to windows, exterior doors, etc. Not in
compliance, application for doors and windows pending.
CO CH 15 SEC 15-120D.1.d.
Install sod on all missing groundcover on property. Not in
compliance, sprinkler repair and sod to be installed by end
of week.
CO CH 15 SEC 15-120D.1.a.
Remove or make operable all vehicles on property. Not in
compliance.
Officer Torres-Lee presented the case, which was a citizen complaint. Initial inspection
date June 17, 2020. Not a repeat violator. Initial notice issued July 24, 2020, via courtesy
notice. Thirty days were given to comply. Amended notice sent November 2, 2020, giving
additional twenty days to comply. Date notice sent Certified Mail February 4, 2021, signed
green card dated February 11, 2021. Met with property owner March 12, 2021, who
stated a new water heater and AC unit had been installed, but without permits, therefore
BTR would not pass; no applications have been submitted. Property last inspected March
167 2021, one car is still without a tag. Not a health and safety hazard. City recommended
property to be in compliance by April 29, 2021 or$50 a day assessed, plus administrative
fee of$384.12.
Jacques Saintfleur, owner, appeared and stated the car without a tag did not belong to
him and it was removed. Ms. Zalman ascertained the status of all the permits and repairs;
due to permitting process, additional time was granted. City noted that a contractor will
have to be hired to get the permit for the AC as this is a rental property.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of June 29, 2021, or $50 a
day fines assessed and administrative fee of$384.12.
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Case No. 20-3005 Meeshee LLC
Property Address: 131 NW 13th Ave
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.a.
Remove all items stored outside the property and under
carport and remove all inoperable vehicles from the
property.
Officer Hill presented the case, which was a routine inspection. Initial inspection date
December 4, 2020. Not a repeat violator. I nitial written notice issued December 11, 2020,
as a courtesy notice. Ten days were given to comply. Date notice sent Certified Mail
February 8, 2021, green card signed February 16, 2021. Tenant has made progress with
cleaning up property, but some violations remain. No contact with owner prior to today's
hearing. Property last inspected March 16, 2021. Vehicles may have complied. Not a
health and safety hazard. City recommended property to be in compliance by April 8,
2021, or $25 a day assessed, plus administrative fee of$384.12.
Yaniv Ben-Yshay, owner, stated the tenant has been put on notice many times to
resolve these issues. Presented pictures that tenant has cleared the garbage from the
carport and all cars are registered; however, there is one more car with unknown status.
Ms. Zalman will table the case for 30 days as it sounds like the property is in compliance
for one more inspection.
Decision
Based on the evidence, Ms. Zalman ordered the case tabled for 30 days.
Case No. 21-0058 2219 SE Third Street LLC
Property Address: 2219 SE 3rd St
Type of Property: Commercial
Violation(s): As noted in the notice of violations, specifically included
the need for installation of a fire alarm system.
Fire Inspector John Moore presented the case, which was a routine inspection. Initial
inspection date September 14, 2020. Not a repeat violator. It is a health and safety
hazard. Change of occupancy from a single-family dwelling to a residential board and
care facility. Fire alarm permit applied for in 2018, but lapsed and no action was taken.
The fifteen days for compliance is not for installation of system but to either reinstate that
2018 voided permit or issue or initiate a new permit application. City recommended
property to be in compliance by April 13, 2021, or $150 a day assessed, plus
administrative fee of$384.12.
No one appeared. Ms. Zalman increased daily fine as follows.
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Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 13, 2021, or $250
a day fines assessed and administrative fee of$384.12.
Case No. 21-0163 2227 SE Third LLC
Property Address: 2227 SE 3rd St
Type of Property: Commercial
Violation(s): As noted in the notice of violations, specifically included
the need for installation of a fire alarm system.
Fire Inspector John Moore presented the case, which was a routine inspection. Initial
inspection date September 14, 2020. Not a repeat violator. It is a health and safety
hazard. Change of occupancy from a single-family dwelling to a residential board and
care facility. Fire alarm permit applied for in 2018, but lapsed and no action was taken.
The fifteen days for compliance is not for installation of system but to either reinstate that
2018 voided permit or issue or initiate a new permit application. Property last inspection
March 16, 2021. City recommended property to be in compliance by April 13, 2021, or
$150 a day assessed, plus administrative fee of$384.12.
No one appeared. Ms. Zalman increased daily fine as follows.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 13, 2021, or $250
a day fines assessed and administrative fee of$384.12.
Case No. 21-0185 Lebert & Holly Dawes
Property Address: 154 NE 16th Ave
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 14 SEC 14-3
Remove oversized truck from residential zone.
Officer Karageorge presented the case, which was a routine inspection. Initial inspection
date January 21, 2021. Not a repeat violator. Initial notice issued January 21, 2021, via
door hanger. Seven days were given to comply. Date notice posted on property and at
City Hall was March 4, 2021. Property last inspection of March 16, 2021, violation still
exists. Not a health and safety issue. City recommended a fine of $100 for first
occurrence Per ordinance, plus administrative fee of$384.12.
Holly Dawes, owner, appeared. Ms. Zalman explained the fines per the ordinance, $100
for first occurrence, $200 for second occurrence, $500 for each occurrence thereafter.
There is no compliance date. Respondent explained the truck is inoperable and several
circumstances why an extension is needed. Ms. Zalman said this is a different ordinance
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in Boynton Beach that does not allow for time to cure, reminding the respondent the
vehicle has been there for two months already.
Decision
Based on the evidence, Ms. Zalman ordered $100 fine to be imposed per ordinance, plus
administrative fee of$384.12; also recommended the owner remove the vehicle to avoid
more fines.
Case No. 20-2986 Po Ying Sems Trust & Sem Po Yi
Property Address: 1202 NW 7t" Court
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.a.
CO CH 15 SEC 15-120D.1.e.
Remove all outside storage, trash, and debris. Mow all
overgrown lawn vegetation.
Officer Daniels presented the case, which was a citizen complaint. Initial inspection date
August 26, 2020. Not a repeat violator. Initial notice issued December 8, 2020. Ten
days were given to comply. Date notice sent Certified Mail February 2, 2021, green card
signed February 10, 2021. Date property last inspected March 16, 2021. City
recommended property to be in compliance by April 13, 2021, or $50 a day assessed,
plus administrative fee of$384.12.
Po Ying Sem, owner, appeared with her son to help translate, who explained that tenant
refused to let anyone on the property because of Covid concerns. Besides not complying,
the tenants were behind on the rent. Eviction notice was served March 12, 2021, tenants
will be leaving but it takes some time. Respondents asking for 30 days extension, which
was denied, but fees and administrative fees were reduced as stated below..
Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 13, 2021, or $25 a
day fines assessed and administrative fee of$184.12.
Case No. 20-1961 Michele Calello
Property Address: 342 SW 4t" Ave
Type of Property: Single-family, homesteaded
Violation(s): LDR CH 2 ART 4 SEC 2.a.2.
Obtain permit for wooden fence installed.
CO CH 15 SEC 15-120D.1.a.
Make operable all vehicles on property or remove.
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Officer Torres-Lee presented the case, which was a routine inspection. Initial inspection
date August 6, 2020. Not a repeat violator. Initial notice issued August 30, 2020, via
courtesy notice. Thirty days were given to comply. Date notice sent Certified Mail
February 2, 2021, signed green card dated February 6, 2021. Permit failed plan review,
no corrections yet submitted, additional time needed. Property last inspected March 12,
2021. Vehicle violation has complied. Not a health and safety hazard. City
recommended property to be in compliance by May 29, 2021, or $25 a day assessed,
plus administrative fee of$384.12.
Michele Calello, owner, appeared, stating there was an original fence that sustained
wind damage, repairs were made exactly on the third of the fence that was damaged.
Now the Building Department wants the fence moved two feet onto the property because
it is a corner lot. There are major established trees on the corner of the property, will
have to have a tree removal service, and then they want bushes put on the outside of the
fence. Resolving these issues were reason why additional time is recommended to meet
with building department.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of May 29, 2021, or $25 a
day fines assessed and administrative fee of$384.12.
Case No. 21-0321 Robbie W & Linda Todd
Property Address: 617 SW 3rd Ave
Type of Property: Single-family, homesteaded
Violation(s): CO CH 14 SEC 14-3
Oversized truck parking.
Officer Torres-Lee presented the case, which was a routine inspection. Initial inspection
date February 3, 2021. Not a repeat violator. Initial written notice issued February 5,
2021. Date notice sent Certified Mail February 4, 2021. Date notice posted on property
March 4, 2021. The tag was run on this truck and came back to this owner and location.
Truck is being stored at different locations throughout the neighborhood. Owner says the
truck is used to cut grass and has nowhere else to store it. Property last inspected March
16, 2021. Not a health and safety hazard. Rather than the oversized truck ordinance,
City recommended a Cease & Desist for this property and a compliance date of March
29, 2021, or $100 a day assessed, plus administrative fee of$384.12.
Robbie Todd, owner, appeared. Ms. Zalman explained the Cease & Desist order and
that the neighborhood does not allow the commercial truck parked anywhere.
Respondent argued that the truck only weighs 7,000 pounds; a discussion followed on
the ordinance language vs. Cease & Desist charge. An order will be sent on exactly what
needs to be done.
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Decision
Based on the evidence, Ms. Zalman ordered compliance date of March 29, 2021, or$100
a day fines assessed and administrative fee of$384.12.
Case No. 20-2836 Po Ying Sem Tr & Sem Po Ying Trust
Property Address: 3020 N Seacrest Blvd
Type of Property: Single-family, non-homesteaded
Violation(s): CO CH 15 SEC 15-120D.1.b.
Repair driveway, permit may be required.
Officer Karageorge presented the case, which was a routine inspection. Initial inspection
date November 10, 2020. Not a repeat violator. Initial notice issued November 12, 2020,
via courtesy notice. Thirty days were given to comply. Date notice sent Certified Mail
February 8, 2021, signed green card dated February 12, 2021. Property last inspection
of March 16, 2021, violation still exists. Not a health and safety issue. City recommended
property to be in compliance by April 29, 2021, or$50 a day assessed, plus administrative
fee of$384.12.
Po Ying Sem, owner, appeared with her son to help translate. Ms. Zalman asked if the
time given was enough to fix the driveway, respondent agreed. Officer Karageorge
added that if the holes are filled and sealcoat the driveway, a permit is not needed.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of April 29, 2021, or $50 a
day fines assessed and administrative fee of$384.12.
Fine Certification Hearing
Case No. 20-0565 FYR SFR Borrower LLC
Property Address: 117 S Atlantic Dr W
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violations
Officer Karageorge presented the case. Original Magistrate Hearing January 20, 2021.
Respondent did not appear. Compliance date February 15, 2021. Fine proposed was
$50 per day plus $384.12 administrative fees. Property last inspected March 16, 2021,
violations still exist. There are 30 days of non-compliance and the fine continues to
accrue at $50 per day. The total fine is $1,500.00, plus administrative fee $384.12, for a
total of$1,884.12.
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Decision
As no one appeared, Ms. Zalman certified the fine to $1,884.12, including administrative
fees; the fine continues to accrue.
Case No. 19-1668 Ricky Norfus
Property Address: 1600 NW 1St Court
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violations
Officer Guillaume presented the case. Original Magistrate Hearing September 16, 2020.
Respondent did not appear. Compliance date October 16, 2020. Fine proposed was $50
per day plus $384.12 administrative fees. Property last inspected March 16, 20217
violations still exist. There are 151 days of non-compliance and the fine continues to
accrue at $50 per day. The total fine is $7,550, plus administrative fee $384.12, for a total
of$7,934.12.
Ricky Norfus, owner, appeared. Ms. Zalman recommended once property is brought
into compliance, the owner approach the City for a lien reduction and be sure to bring a
list of expenses.
Decision
Based on testimony, Ms. Zalman certified the fine to $7,934.12, including administrative
fees; the fine continues to accrue.
Case No. 19-3595 Beverly Beckford
Property Address: 3390 N Seacrest Blvd
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violations
Officer Torres-Lee presented the case. Original Magistrate Hearing September 16, 2020.
Respondent did appear. Compliance date November 16, 2020. Fine proposed was $25
per day plus $384.12 administrative fees. Property last inspected March 12, 20217
property is in compliance. There are 115 days of non-compliance and the total fine is
$2,875.00, plus administrative fee $384.12, for a total of$3,259.12.
Beverly Beckford, owner, appeared, explaining that the fine is a hardship and gave
history of the sod and grass seed failing. Ms. Zalman noted that the owner had spent
considerable amount of money to bring the property into compliance. City recommended
that all fees be waived.
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Decision
Based on testimony, Ms. Zalman ordered all fees be waived.
Case No. 19-1673 Andrew Lassise
Property Address: 223 SW 11th Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violations
Officer Torres-Lee presented the case. 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. Officer has checked back periodically, learning
that the permit failed plan review; comments January 13, 2021, stating no corrections
have been submitted. Case was tabled. Property last inspected December 15, 2020,
violations still exist. As of that date, there are 30 days of non-compliance and the fine
continues to accrue at $50 per day. The total fine is $1,500, plus administrative fee
$384.12, for a total of$1,884.12.
Andrew Lassise, owner, appeared and gave an overview of what has occurred since
last hearing and Ms. Zalman's suggestion that legal action be sought against the
contractor responsible. Ms. Zalman recommended steps towards a lien reduction;
however, the fine was reduced by $300 for costs of an expedited permit that was ignored
by contractor.
Decision
Based on testimony, Ms. Zalman certified the fine to $1,584.12, including administrative
fees; the fine continues to accrue.
Lien Reduction Hearing
Case No. 09-1482 Justin Reiland
Property Address: 514 NW 11th Ave
Type of Property: Vacant land
Violation(s): As noted in the Notice of Violations
Officer Pierre presented the case. Notice of violation date May 14, 2009. The Magistrate
hearing was on July 15, 2009, no one appeared. Compliance date given was July 25,
2009, or $200 per day plus administrative fee. Date of compliance was August 9, 2011.
The property has 744 days of non-compliance with fines of $200 per day in fines for
$148,800 and administrative fee of$634.12, for a total of$149,434.12. Owner of property
has complied for lien reduction.
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Mark Johnson, owner, appeared and stated since purchasing property has paid four
liens to the City totaling $9,196.59 plus taking care of outstanding water bill. Also, two
invoices to City for mowing, for total of$10,142.75. The goal is to put an affordable single-
family house on the property. Subject to back taxes yet to pay of$6,700, quit claim deed
was $1,000. Owner is will to pay the administrative fees and a small part of the lien. City
recommended 5% lien reduction.
Decision
Based on the testimony, Ms. Zalman ordered the lien reduced to $7,400, administrative
fee included.
[Next two cases heard as one case]
Case No. 09-0877 Danny & Gwen Peters
Property Address: 2941 Ocean Parkway
Type of Property: Single-family
Violation(s): As noted in the Notice of Violations
Officer Pierre presented the case. Notice of violation date March 26, 2009. The
Magistrate hearing was on May 20, 2009, no one appeared. Compliance date given was
May 30, 2009, or $500 per day plus administrative fee. Date of compliance was
November 23, 2009. The property has 176 days of non-compliance with fines of $500
per day in fines for $88,000 and administrative fee of $634.12, for a total of $88,634.12.
Owner of property has complied for lien reduction. [see Case No. 15-02236]
Case No. 15-2236 ILU Properties LLC
Property Address: 2941 Ocean Parkway
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 October 9, 2015. The
Magistrate hearing was on January 20, 2016, no one appeared. Compliance date given
was January 27, 2016, or$1000 per day plus administrative fee. Date of compliance was
February 20, 2016. The property has 23 days of non-compliance with fines of$1000 per
day in fines for $23,000 and administrative fee of $634.12, for a total of $23,634.12.
Owner of property has complied for lien reduction. [see Case No. 09-0877]
Germaine Bell, representative ILU Properties, appeared and stated property was a
foreclosure. Health and safety condition of the pool existed on the property prior to
purchasing. Worked with Officer Weixler to clean pool and erect child fence around and
bring property to compliance. Breakdown in communication was that owner hired an
attorney to receive registered mail, but date of original lien reduction hearing was never
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communicated. Total costs for renovating the house and pool was $30,000-40,000. City
recommends 10% reduction for both cases, with only one administrative fee.
Decision
Based on the testimony, Ms. Zalman ordered the lien for both properties reduced to
$8,460.00, administrative fee included.
Case No. 15-2756 ILU Properties LLC
Property Address: 1629 NE 1St St
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 December 11, 2015. The
Magistrate hearing was on February 17, 2016, no one appeared. Compliance date given
was February 27, 2016, or$200 per day plus administrative fee. Date of compliance was
April 2, 2021. The property has 1,852 days of non-compliance with fines of$200 per day
in fines for$185,200 and administrative fee of$634.12, for a total of$185,834.12. Owner
of property has complied for lien reduction.
Germaine Bell, representative ILU Properties, appeared and stated property was
"inherited" needing a lot of work, including new roof, interior, exterior, landscaping. The
BTR somehow slipped through the cracks of the administrative department when offices
were moved. Total costs for renovating the property $60,000. City recommends a flat
reduction to $20,000.
Decision
Based on the testimony, Ms. Zalman ordered the lien reduced to $19,154.12,
administrative fee included.
Case No. 16-0009 Hagstrom 76 LLC
Property Address: 2260 NW 2nd St
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 January 4, 2016. The
Magistrate hearing was on February 17, 2016, no one appeared. Compliance date given
was March 3, 2016, or $100 per day plus administrative fee. Date of compliance was
August 9, 2016. The property has 143 days of non-compliance with fines of$100 per day
in fines for $14,300 and administrative fee of $634.12, for a total of $14,934.12. Owner
of property has complied for lien reduction.
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Sarah Barbaccia, attorney representing Hagstrom 76 LLC and current owner, stated
former owner was unaware of the 2016 violations as company resides in France and
property management was also unaware until a lien search was made at closing in June
to pass BTR. Costs for bringing into compliance $17,000. City recommends a 50% lien
reduction.
Decision
Based on the testimony, Ms. Zalman ordered the lien reduced to $5,884.12,
administrative fee included.
Case Hearing
Case No. 20-1931 Joshua Leeman & Jessica White
Property Address: 202 West Ocean Avenue
Type of Property: Single-family, non-homesteaded
Violation(s): LDR CH 2 ART 4 SEC 2.a.2.
Obtain permit for concrete walkway patio being installed
without permit.
Officer Torres-Lee presented the case, which was a routine inspection. Initial inspection
date August 6, 2020. Not a repeat violator. Initial written notice issued August 12, 2020,
as a courtesy notice. Twenty days were given to comply. Date notice sent Certified Mail
February 4, 2021, green card signed February 11, 2021. Building Department application
was void due to no documents submitted as of March 8, 2021. All documentation
submitted on March 15; the paperwork was put into system by Utilities did not approve it;
awaiting Planning & Zoning. Property last inspected March 16, 2021. Not a health and
safety hazard. City recommended property to be in compliance by May 29, 2021, or $25
a day assessed, plus administrative fee of$384.12.
Joshua Leeman, owner, appeared and gave a history of the events. If further delays on
the part of the City, be sure to contact Ms. Torres-Lee.
Decision
Based on the evidence, Ms. Zalman ordered compliance date of May 29, 2021, or $25 a
day fines assessed and administrative fee of$384.12.
Case No. 21-0138 Cyntia & Roguens Loriston
Property Address: 231 NE 21St Ave
Type of Property: Single-family, homesteaded
Violation(s): CO CH 14 SEC 14-3
Remove oversized truck from residential zone.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Officer Karageorge presented the case, which was a routine inspection. Initial inspection
date January 14, 2021. Not a repeat violator. Initial written notice issued January 14,
2021, via door hanger. Seven days were given to comply. Date property was posted
March 4, 2021. Oversized truck was removed March 8, 2021, but per the ordinance, first
occurrence fine of$100 is imposed. Not a health and safety hazard. City recommended
first occurrence fine of$100 plus administrative fee of$384.12.
Malcolm Loriston, nephew of owner, appeared with authorization to speak. Mr.
Loriston can pay the $100 fine but asked to waive the administrative fee due to uncle's
illness. Ms. Zalman agreed.
Decision
Based on the evidence, Ms. Zalman ordered a fine of$100 and waived the administrative
fee.
Fine Certification Hearing
Case No. 19-3707 50 Friends Fun Capital LLC
Property Address: 1818 NE 5t" Street
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violations
Officer Guim presented the case. Original Magistrate Hearing January 20, 2021.
Respondent did not appear. Compliance date February 10, 2021. Fine proposed was
$50 per day plus $384.12 administrative fees. Property last inspected March 15, 2021,
violations still exist. There are 30 days of non-compliance and the fine continues to
accrue at $50 per day. The total fine is $1,700.00, plus administrative fee $384.12, for a
total of$2,084.12. Building Department Red Tag violation.
Bradford Moiseaictte, one of the owners, claims difficulties with permits since Covid
restrictions, especially the Engineering Department taking months to approve. Officer
Guim gave opposing evidence on the outstanding issues. Ms. Zalman suggested the
property be brought into compliance and then return for a lien reduction.
Decision
Based on testimony, Ms. Zalman certified the fine to $2,084.12, including administrative
fees; the fine continues to accrue.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Case Hearing
Case No. 20-2977 Annie Jones
Property Address: 314 NW 3rd 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 hazard. City recommended
property to be in compliance by April 8, 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 April 8, 2021,
or $25 a day fines assessed and administrative fee of$384.12.
Case No. 20-010 Jean C Dorisca
Property Address: 111 NW 3rd 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 hazard. City recommended
property to be in compliance by April 8, 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 April 8, 2021,
or $25 a day fines assessed and administrative fee of$384.12.
Case No. 21-0147 Henry Sharp
Property Address: 214 NW 5t" 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 hazard. City recommended
property to be in compliance by April 8, 2021, or $50 a day assessed, plus administrative
fee of $384.12. Ms. Zalman extended compliance date due to other items that need to
be addressed.
Decision
As no one was present to testify, Ms. Zalman ordered compliance date of April 15, 2021,
or $50 a day fines assessed and administrative fee of$384.12.
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Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Case No. 20-1623 Boynton Beach Hawks, Inc.
Property Address: 260 N Palm Dr
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. This item was previously tabled in February to
give person time to change from corporation to individual. The violations are complied,
but BTR is still outstanding. Property owner called March 13, 2021, asking for extension;
was told another extension could not be given. This is not a health and safety hazard.
City recommended property to be in compliance by April 13, 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 April 13, 20217
or $50 a day fines assessed and administrative fee of$384.12.
Case No. 20-2901 J&R Creative Real Estate Svcs
Property Address: 2910 Ocean Pkwy
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. This is not a health and safety hazard. City
recommended property to be in compliance by April 13, 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 April 13, 20217
or $50 a day fines assessed and administrative fee of$384.12.
Case No. 20-3033 Penord & Shantell Polidor
Property Address: 1637 NE 4t" Court
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. This is not a health and safety hazard. Oversized
truck. City recommended $100 fine be imposed per the ordinance plus administrative fee
of$384.12.
Decision
As no one was present to testify, Ms. Zalman ordered $100 fine be imposed per the
ordinance and administrative fee of$384.12.
Page 17
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Case No. 20-3139 Edith & Gene Masson
Property Address: 150 NE 15th Ave
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. This is not a health and safety hazard. City
recommended property to be in compliance by April 13, 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 April 13, 2021,
or $50 a day fines assessed and administrative fee of$384.12.
Case No. 21-0318 Cizelune Jeune Dorsonna
Property Address: 332 NE 15th Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Karageorge presented the case. This is not a health and safety hazard. Oversized
truck. City recommended $100 fine be imposed per the ordinance plus administrative fee
of$384.12.
Decision
As no one was present to testify, Ms. Zalman ordered $100 fine be imposed per the
ordinance and administrative fee of$384.12.
Case No. 20-2249 Marco Gani Realty Corp
Property Address: 3615 SE 1St St
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violation
Officer Daniels presented the case. This is not a health and safety hazard. City
recommended property to be in compliance by April 13, 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 April 13, 2021,
or $50 a day fines assessed and administrative fee of$384.12.
Page 18
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Case No. 20-2181 Luis O Munoz
Property Address: 2205 NE 4th Court
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case. This is not a health and safety hazard. For the
record, CO CH 15 SEC 15-120D.1.e. to mow overground backyard has complied. City
recommended property to be in compliance by May 29, 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 May 29, 2021,
or $50 a day fines assessed and administrative fee of$384.12.
Case No. 20-1546 Ismith F Jean
Property Address: 301 SW 13th Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case, stating that it has complied as of March 16, 2021.
There was death in the family.
Case No. 20-2277 Alexander Burleigh Claudio B Jr.
Property Address: 220 SW 3rd Ave
Type of Property: Single-family, homesteaded
Violation(s): As noted in the Notice of Violation
Officer Torres-Lee presented the case. This is not a health and safety hazard. City
recommended property to be in compliance by May 29, 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 May 29, 2021,
or $25 a day fines assessed and administrative fee of$384.12.
Fine Certification
Case No. 20-2819 Demetrius Bryant
Property Address: 2371 NE 1St Lane
Type of Property: Single-family, non-homesteaded
Violation(s): As noted in the Notice of Violations
Page 19
Meeting Minutes
Community Standards Special Magistrate Hearings
Boynton Beach, Florida March 17, 2021
Officer Karageorge presented the case. Original Magistrate Hearing January 20, 2021.
Respondent did not appear. Compliance date February 15, 2021. Fine proposed was
$25 per day plus $384.12 administrative fees. Property last inspected March 16, 2021,
violations still exist. There are 30 days of non-compliance and the fine continues to
accrue at $25 per day. The total fine is $750.00, plus administrative fee $384.12, for a
total of$1,134.12.
Decision
As no one appeared, Ms. Zalman certified the fine to $1,134.12, including administrative
fees; the fine continues to accrue.
III. CHANGES TO THE AGENDA
Item Case No. Status
6 19-0986 Removed
7 20-2407 Removed
10 20-0712 Complied
12 20-2021 Removed 30 days
13 20-2397 Removed 30 days
17 20-3067 Complied
19 20-3188 Complied
20 20-3288 Complied
28 20-2386 Closed
43 19-2228 Tabled 45 days
44 20-1811 Tabled 30 days
For the record, Item 50, Lien Reduction Case 17-1964 was a no-show.
V. ADJOURNMENT
Ms. Zalman concluded the hearing at 11:54 a.m.
[Written by M. Moore, ProtoType Inc.]
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