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Minutes 04-21-21 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, APRIL 21, 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 9:00 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. 21-0527 Joseph Scrivo Property Address: 1046 Old Boynton Rd Type of Property: Single-family, non-homesteaded Violation(s): CO CH 14 SEC 14-3 It is hereby declared unlawful for any individual to park, cause to be parked, or allow to be parked any of the following vehicles for longer than a period of 15 minutes or to allow the vehicle motor or any accessory (refrigeration or cooling motor) running in area of the City zoned as single-family or two-family residential use as defined in the City Official Zoning Map or along any street that fronts such residential area without regard to the zoning classifications. Any truck, truck head, truck trailer, farm or construction vehicle or heavy equipment, semi-truck, bus, Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 dump truck, wreck or tow truck, any motor vehicle with more than two axels, or any vehicle having a gross weight rating greater than 16,000 pounds, excluding a recreational vehicle, any truck with a gross vehicle weight rating between 14,000 and 16,001 pounds that has been designated or modified for commercial moving, shipping, or trucking purposes, and other vehicles that are primarily designed for commercial use and not primarily designed as a passenger vehicle. A violation of this section of the Code constitutes a municipal ordinance violation is subject to the following penalties: first violation $100; second violation $200; third or more violations $500 per violation. Officer Hart presented the case, which was a routine inspection. Initial inspection date March 8, 2021. Not a repeat violator. Initial written notice issued March 1, 2021, for a notice of hearing. Zero days were given to comply. Date notice sent Certified Mail March 17 2021, green card signed March 8, 2021. This property has been sighted in the past for the same violation, although it was prior to this Code being enacted. Those case numbers were 18-0026 and 18-1237. Property last inspected April 20, 2021, vehicle had been removed. City recommended a fine of$100 per day for first offense under this ordinance plus administrative fee of$384.12. Diana Jacome, tenant, appeared. Ms. Zalman stated the Code language is very clear with the fines and descriptions of vehicles; despite reason given (heat exhaustion), Ms. Zalman asserted that the respondent was aware of restrictions and thus brought to hearing. Today's fine will be $100, but any future violations will be $200, and so on. Suggestions were given for explaining reasons for unloading at the time of the occurrence to avoid further citations. Decision Based on the evidence, Ms. Zalman ordered $100 fine and administrative fee of$384.12. Fine Certification Hearing Case No. 19-2418 Henry & Thomasina Thompson Property Address: 306 NE 13th Ave Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. This is a Habitat for Humanity rehab and the City wishes to remove all fines and court costs. The house is in great shape. Decision Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Based on testimony, Ms. Zalman certified no fine. Lien Reduction Hearing Case No. 11-0829 G & Jean-Fort Petit-Fierre Property Address: 207 SW 3rd Ct Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Pierre presented the case. Notice of violation date April 13, 2011. The Magistrate hearing was on June 15, 2011, no one appeared. Compliance date given was June 25, 2011, or$500 per day plus administrative fee. Date of compliance was July 7, 2020. The property has 3,299 days of non-compliance with fines of $500 per day in fines for $659,800 and administrative fee of$634.12, for a total of$660,434.12. Owner of property has complied for lien reduction. Geleme Petit-Fierre, owner, appeared and stated in 2011 there was a violation which he complied and was told by the officer that everything was done. Two years ago a letter was received that there is a lien on the house having to do with vegetation and a broken fence gate, of which he was not aware at the time. To come into compliance, the costs were about $500. City recommended a reduction to 1% of property value ($62,000) and it must be paid in full within 90 days. Decision Based on the testimony, Ms. Zalman ordered the lien reduced to $620, administrative fee included. Case Hearing Case No. 20-3114 TAH 2017 2 Borrower LLC Property Address: 121 SW 7t" Ave Type of Property: Single-family, non-homesteaded Violation(s): CO CH 13 SEC 13-7 CO CH 13 SEC 13-16 Apply for, pass inspection, and obtain certificate of use an occupancy. Obtain Business Tax Receipt. Officer Estime presented the case, which was a routine inspection. Initial inspection date December 10, 2020. Thirty days given to comply. Date notice sent December 14, 2020. Not a health and safety hazard. City recommended property to be in compliance by May 21, 2021, or $50 a day assessed, plus administrative fee of$384.12. Decision Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 As no one was present to testify, Ms. Zalman ordered compliance date of May 21, 2021, or $50 a day fines assessed and administrative fee of$384.12. Case No. 19-1665 Jean Pierre Ginette & Pierre Moutchy Property Address: 405 NE 25th Ave 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. Initial inspection date July 17, 2019. Not a repeat violator. Initial notice sent July 17, 2019, via door hanger. Twenty-one days were given to comply. Date notice sent Certified Mail February 19, 2021, green card signed February 26, 2021. Permit has been in Plan Check since August 7, 2020; applicant has not responded to the comments sent October 2019. This is not a health and safety hazard. City recommended property to be in compliance by June 1, 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 June 1, 20217 or $50 a day fines assessed and administrative fee of$384.12. Case No. 20-3012 San Francisco Navigation LLC Property Address: 1990 NE 5th St Type of Property: Multi-family, non-homesteaded Violation(s): As noted in the Notice of Violation Officer Karageorge presented the case, which was a citizen complaint. Initial inspection date December 8, 2020. Not a repeat violator. Initial notice sent December 10, 2020, via courtesy notice. Thirty days were given to comply. Date notice posted on property and at City Hall on April 8, 2021. No response on multiple attempts to contact registered agent. Property last inspection April 20, 2021, no work has been done, water is coming into unit causing odor and staining. Notice was received from representative that no one would attend today; however, commitment was made to comply with recommendation. City recommended property to be in compliance by June 1, 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 June 1, 20217 or $50 a day fines assessed and administrative fee of$384.12. Case No. 20-3201 Ahmed Rishad Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Property Address: 2161 N Seacrest Blvd 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. Initial inspection date December 21, 2020. Not a repeat violator. Initial notice sent December 21, 2020, via door hanger. Twenty-one days were given to comply. Date notice posted on property and at City Hall on April 8, 2021. Refrigerator has been removed. Owner's father said on April 8, 2021, that he would take care of this; as of inspection on April 21, 2021, nothing has been done. This is not a health and safety hazard. City recommended property to be in compliance by June 1, 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 June 1, 2021, or $50 a day fines assessed and administrative fee of$384.12. Case No. 20-2858 Salazar Real Estate LLC Property Address: 108 SE 31St Ave Type of Property- Violation(s)- Officer roperty:Violation(s):Officer Daniels presented the case, stating it will be tabled as owner stated he is in communication with the Building Department to expedite drawings review. Decision Based on testimony, Ms. Zalman ordered the item tabled for 45 days. Case No. 20-1073 Edward & Ellen Kolb Property Address: 2560 SW 10th Street Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation [Owner arrived late, Ms. Zalman ordered the case be reheard] Officer Hart presented the case, which was a routine inspection. Initial inspection date April 17, 2020. Not a repeat violator. Initial notice sent Certified Mail February 12, 2021, signed green card sent February 25, 2021. Twenty-one days were given to comply. Permit has been applied for, but denied in Plans Check since January 12, 2021. Property last inspection April 20, 2021. This is not a health and safety hazard. City recommended property to be in compliance by May 21, 2021, or$25 a day assessed, plus administrative fee of$384.12. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Edward Kolb, owner, stated the fence had been put up and some hedges had been replaced, not realizing he needed a permit to do it. The process has taken several months and personal hardships have intervened. Staff has recommended how to follow through with the denied permit and respondent will follow through. Ms. Zalman gave an extended compliance date and recommended working with Code Officer during the process. Decision As no one was present to testify, Ms. Zalman ordered compliance date of June 15, 2021, or $25 a day fines assessed and administrative fee of$384.12. Case No. 21-0299 Nevert & Esperant Lahens Property Address: 1471 NW 3rd Street 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 date February 2, 2021. Not a repeat violator. Initial notice sent February 2, 2021. Date notice posted on property and at City Hall on April 8, 2021. Property last inspected April 20, 2021, some violations still exist. Property is in foreclosure, there are problems engaging the owner (mental issues). This is not a health and safety hazard. City recommended property to be in compliance by May 21, 2021, or$25 a day assessed, plus administrative fee of$384.12. Ms. Zalman extended notice an extra week. Decision As no one was present to testify, Ms. Zalman ordered compliance date of May 28, 2021, or $25 a day fines assessed and administrative fee of$384.12. Case No. 20-1409 James B Jr & Michael Wilson Property Address: 1224 Isle Court 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 date June 19, 2020. Not a repeat violator. Initial notice sent July 8, 2020. Thirty days were given to comply. Date notice via Certified Mail February 10, 2021, signed green card dated February 8, 2021. This is not a health and safety hazard. City recommended property to be in compliance by May 21, 2021, or$50 a day assessed, plus administrative fee of$384.12. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Decision As no one was present to testify, Ms. Zalman ordered compliance date of May 21, 2021, or $50 a day fines assessed and administrative fee of$384.12. Fine Certification Hearing Case No. 20-2061 Florence Cox Property Address: 1184 SW 27th Place Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing January 20, 2021. Respondent did not appear. Compliance date March 1, 2021. Fine proposed was $25 per day plus $384.12 administrative fees. Property last inspected April 20, 2021, violations still exist. There are 50 days of non-compliance and the fine continues to accrue at $25 per day. The total fine is $1,250.00, plus administrative fee $384.12, 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. Case No. 20-2899 Vernon Thompson Jr Property Address: 2535 SW 12th St Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing February 17, 2021. Craig Thompson did appear. Compliance date March 3, 2021. Fine proposed was $100 per day plus $384.12 administrative fees. Property last inspected April 20, 2021, violations still exist. Respondent did call on April 20, 2021, stating he has been able to get a pool repair scheduled, it has been drained, but is still in bad condition. There are 49 days of non-compliance and the fine continues to accrue at $100 per day. The total fine is $4,900.00, plus administrative fee $384.12, for a total of$5,284.12. Decision As no one appeared, Ms. Zalman certified the fine to $5,284.12, including administrative fees; the fine continues to accrue. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Case No. 20-0530 520 NW 7t" St LLC Property Address: 520 NW 7t" Street Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations Officer Hart presented the case. Original Magistrate Hearing January 20, 2021. Respondent Michael DuBose did appear. Compliance date February 20, 2021. Fine proposed was $50 per day plus $384.12 administrative fees. Property last inspected April 20, 2021, violations still exist. There are 61 days of non-compliance and the fine continues to accrue at $50 per day. The total fine is $3,050.00, plus administrative fee $384.12, for a total of$3,434.12. Decision As no one appeared, Ms. Zalman certified the fine to $3,434.12, including administrative fees; the fine continues to accrue. Case Hearing Case No. 20-2142 Willie Allen Property Address: 731 NW 2nd St Type of Property: Single-family, homesteaded Violation(s): As listed in the Notice of Violations Officer Hill presented the case. Initial inspection date August 25, 2020. Fifteen days given to comply. Date notice sent Certified Mail February 22, 2021, signed green card dated February 27, 2021. Date property last inspected April 20, 2021. Not a health and safety hazard. City recommended property to be in compliance by May 26, 2021, or $25 a day assessed, plus administrative fee of $384.12. Ms. Zalman extended the compliance date. Decision As no one was present to testify, Ms. Zalman ordered compliance date of May 14, 20217 or $25 a day fines assessed and administrative fee of$384.12. Case No. 21-0516 Marie M Eugene Property Address: 546 NW 9t" Ave Type of Property: Single-family, non-homesteaded Violation(s): As listed in the Notice of Violations Officer Hill presented the case. Initial inspection date February 25, 2021. Date notice sent Certified Mail February 26, 2021. Date notice posted on property and at City Hall February 28, 2021. Date property last inspected April 20, 2021; the box truck has been Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 removed, but the fine remains unpaid. Not a health and safety hazard. City recommended an immediate fine of$100, plus administrative fee of$384.12. Decision As no one was present to testify, Ms. Zalman ordered immediate fine of $100.00 plus administrative fee of$384.12. Fine Certification Case No. 19-2534 Barry F Glinton Sr Property Address: 2206 NE 4t" Ct Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Weixler presented the case. City recommends the case be complied with no fine. Decision Based on recommendation, Ms. Zalman ordered the case be complied with no fine. Case No. 20-2708 620 Ocean Inlet LLC Property Address: 4 Via De Casas Sur Unit 102 Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violations Officer Daniels presented the case. Original Magistrate Hearing February 17, 2021. Respondent did not appear. Compliance date March 8, 2021. Fine proposed was $50 per day plus $384.12 administrative fees. Property last inspected April 21, 2021, violations still exist. There are 44 days of non-compliance and the fine continues to accrue at $50 per day. The total fine is $2,200.00, plus administrative fee $384.12, for a total of$2,584.12. Decision As no one appeared, Ms. Zalman certified the fine to $2,584.12, including administrative fees; the fine continues to accrue. III. CHANGES TO THE AGENDA Item Case No. Status 2 21-0052 Complied 3 21-0158 Complied 4 20-3082 Complied Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 21, 2021 Item Case No. Status 5 21-0017 Complied 6 21-0022 Complied 7 21-0051 Complied 10 21-0819 Complied 11 20-2857 Removed 30 days 12 20-3090 Removed 30 days 13 21-0210 Removed 30 days 15 20-1416 Removed 30 days 17 20-3179 Complied 20 19-2393 Removed 30 days 22 20-1700 Tabled 30 days 24 21-0427 Removed 30 days 30 20-2787 Closed, case cited incorrectly V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:00 a.m. [Written by M. Moore, ProtoType Inc.] Page 10