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Minutes 08-18-21 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, AUGUST 18, 2021, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Adam Temple, Director of Development Tanya Guim, Administrative Supervisor 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 Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and are not appealable to the City Commission. Also, 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. III. CHANGES TO THE AGENDA Item Case No. Status 1 21-1195 Complied 2 21-0798 Complied 5 21-1119 Complied 9 21-1092 Removed 30 days 12 21-1389 Complied 13 21-1049 Removed 30 days 14 21-1098 Complied 15 21-1174 Complied 20 20-2147 Removed 30 days 26 21-1157 Removed 30 days IV. NEW BUSINESS Case Hearing Case No. 21-1195 Flerida & Francisco Zapata Property Address: 125 West Ocean Drive Violation(s): As noted in the Notice of Violation Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 This case was in compliance prior to the hearing. Case Hearing Case No. 21-0798 Hargrove, David Property Address: 422 NW 12th Avenue Violation(s): As noted in the Notice of Violation This case was in compliance prior to the hearing. Case Hearing Case No. 21-1076 Nord Jonel Property Address: 206 NE 12th Avenue Type of Property: Multi-property Violation(s): CO CH 15, SEC 15-120D1A Remove all outside storage including inoperable vehicle, a gold van being used for storage from the property. Officer Hill presented the case, which was a routine inspection. The initial inspection date was April 28, 2021, at which time a courtesy Notice was given with with ten days to comply. A Notice was sent Certified Mail on June 9, 2021 and posted on the property and City Hall on August 3, 2021. The property owner has not made any attempts to contact this Code Officer or to bring the property into compliance. It was noted that yesterday the van was relocated to a vacant property next door and upon speaking to that property owner, it was learned that the Respondent did not have permission to move the van on that property. This is not a health and safety hazard. The City recommends a compliance date of September 8, 2021 and a fine of $25 per day plus $384.12 administrative fees. Nord Jonel, owner, was present. Ms. Zamal advised that the City is recommending a September 8, 2021 compliance date and an Order to pay the fees and costs of$384.12 and questioned if that would be enough time. Mr. Jonel stated that was enough time, as he already sold the vehicle. He indicated that the mattress was picked up. Officer Hill mentioned pictures taken yesterday and referred to other things being stored outside. If the items were moved further into the backyard where they could not be seen from the street there would no longer be a violation. Decision Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Based on the evidence and testimony, Ms. Zalman ordered a compliance date of September 8, 2021, and that fees and costs of$384.12 be paid. Case Hearing Case No. 21-1019 Echeverria, Jaime & Aida Property Address: 100 Pine Point Drive, Unit B Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15 SEC 120-D.1.A CO CH 15 SEC 120-D.1.E Mow, trim, and de-weed all overgrowth on property (complied). Remove all outside storage as well as trash and debris, wood blocks, building materials, etc. Officer Weixler requested this case be removed until the September 2021 hearing. Decision Due to Officer Weixler's request, Ms. Zalman ordered this case be removed until the September 2021 hearing. Case Hearing Case No. 21-1119 E G Real Estate Invs LLC Property Address: 128 South Atlantic Drive West Type of Property: Single-family, non-homesteaded Violation(s): As noted in the Notice of Violations This case was in compliance prior to the hearing. Case Hearing Case No. 21-1122 Jean Vilaire Property Address: 122 Arthur Court Violation(s): As noted in the Notice of Violations Officer Weixler requested this case be removed until the September 2021 hearing. Decision Due to Officer Weixler's request, Ms. Zalman removed this case until the September 2021 hearing. Case Hearing Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Case No. 21-1352 Camisson Emmanuel Property Address: 3376 Orange Street Violation(s): As noted in the Notice of Violations Officer Weixler requested this case be removed until the September 2021 hearing. Decision Due to Officer Weisler's request, Ms. Zalman ordered this case be removed until the September 2021 hearing. Case Hearing Case No. 21-1533 St Felix Jude & Telamour J Property Address: 727 West Ocean Avenue Violation(s): CO CH 10, SEC 10-52 Current tag and decal must be on all vehicles on the property at all times. Officer Weixler presented the case, which was a complaint. The initial inspection was conducted on June 22, 2021, and written Notice was issued on the same date giving the Respondent five days to comply. The property was posted on August 3, 2021. From 2008 to the present date there are 22 cases of inoperable vehicles at this address. The Respondent said he has been selling cars from this property since the time he purchased the residence in 2006 and will continue to do so. The property was inspected on August 17, 2021. This is not a health and safety hazard. The City is recommending a compliance date of September 2, 2021, a fine of $500 per occurrence, and $384.12 administrative fees. In response to Ms. Zalman, Officer Weixler confirmed he was looking for a Cease and Desist. Jacqueline St. Felix, owner, was present. Ms. Zalman explained that the City is requesting a Cease and Desist Order, which means every time this is a violation it will be $500 per occurrence. It was noted that fees and costs of $384.12 have accrued to date and Ms. St. Felix was asked if she was able to bring this in compliance by September 2, 2021. Since there are no cars on the property at this time, it seems like this case is resolved. Ms. St. Felix stated they do not have a car right now; sometimes they have cars, but not every day. She did not see a reason for calling the Police and stated the Code Officer could talk to her. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Decision Based on the testimony, Ms. Zalman ordered the Cease and Desist Order at $500 per occurrence, compliance by September 2, 2021, and that the current fees and costs of $384.12 be paid. Case Hearing Case No. 21-1092 Irache Partners LLC Property Address: 480 West Boynton Beach Boulevard Violation(s): As noted in the Notice of Violations Prior to the hearing, this case was removed for 30 days. Case Hearing Case No. 21-1095 Boynton Partners LLC Property Address: 180 SW 3rd Avenue Type of Property: Commercial property Violation(s): As noted in Notice of Violation Officer Moore presented the case. This is a health and safety hazard and the City recommends 15 days for compliance with a fine of$25 per day plus a $100 administrative fee. Decision As no one was present to testify, Ms. Zalman order the compliance date of September 2, 2021, or a fine in the amount of$25 per day plus a $100 administrative fee. Case Hearing Case No. 21-0643 Advenir@Banyan LLC Property Address: 1561 Stonehaven Drive Type of Property: Multi-family Violation(s): As noted in Notice of Violation Officer Tallon presented the case. This is a health and safety hazard and the City recommends seven days for compliance and a fine of $25 a day plus a $100 administrative fee. Ms. Zalman asked why this was a health and safety hazard and if Officer Tallon wanted less than seven days. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Officer Tallon explained that the emergency exit signs to the direction of the exit are not properly functioning and the cooking equipment on the porches of the homes are a hazard. Officer Tallon requested two weeks, until August 25, 2021 with a fine of$25 per day plus a $100 administrative fee. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of August 25, 2021, or there will be a fine in the amount of$25 per day plus a $100 administrative fee. Case Hearing Case No. 21-1389 Citadel Real Estate Holding In Property Address: 660 West Boynton Beach Boulevard Violation(s): As noted in the Notice of Violation This case was in compliance prior to the hearing. Case Hearing Case No. 21-1049 Synchronistic Endeavors LLC Property Address: 3035 SE 1St Court Violation(s): As noted in the Notice of Violation Prior to the hearing, this case was removed for 30 days. Case Hearing Case No. 21-1098 Lennox Adam & Susan Property Address: 2896 SE 1St Court Violation(s): As noted in the Notice of Violation This case was in compliance prior to the hearing. Case Hearing Case No. 20-1174 Tovar Alexandra Herrera Property Address: 3167 Orange Street Violation(s): As noted in the Notice of Violation This case was in compliance prior to the hearing. Case Hearing Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Case No. 20-2226 Rech Ivone & Paul Property Address: 2400 NE 1St Lane, #114 Violation(s): LDR CH 2, ART 4, SEC 282 Obtain permit for pavers installed without a permit Contact 461-742-6250 to resolve. Officer Karageorge presented the case, which was a citizen complaint. The initial inspection date was September 1, 2020. A courtesy Notice was given on September 4, 2020 with 30 days to comply and the property was posted on August 3, 2021. He spoke to the owner on multiple occasions as well as to the owner's contractor, who is in the process of obtaining a permit. The permit has been in Plan Check since December 16, 2020. The contractor keeps saying he is going to respond to the questions concerning structural issues, but as of yesterday and this morning, he has not done so. This is not a health and safety hazard. He spoke to the contractor last week, but he is not responding to the questions. The City recommends a September 18, 2021 compliance date or a fine of$50 per day plus administrative fees in the amount of$384.12. Paul Rech, owner, was present. Ms. Zalman explained that as of this date fees and costs have accrued in the amount of $384.12, but there is no fine yet per day. The City wants a September 18, 2021 compliance date and she asked if that was enough time. Mr. Rech did not know how much time he needed to close this case. Officer Karageorge advised that the issue was never the owner; the contractor has been dragging this out. He questioned if Mr. Rech could submit the information to the department since the contractor is the one who submitted the paperwork. Ms. Zalman stated that the contractor is causing the delay, so let him know a fine of $384.12 must be paid and if this is not in compliance by September 18, 2021, there will be a charge in the amount of$50 per day. The Order will be entered today. Decision Based on testimony, Ms. Zalman ordered a compliance date of September 18, 2021. If there is no compliance by that time, a fine in the amount of $50 per day will accrue. No fine was assessed on this date, but an administrative fee of$384.12 has accrued. Case Hearing Case No. 20-2420 Platinum Organization Inc Property Address: 2626 NE 3rd Court Type of Property: Single-family, non-homesteaded Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Violation(s): As noted in the Notice of Violation Officer Karageorge presented the case, which was a routine inspection on September 23, 2020. The initial Notice was September 23, 2020 with seven days to comply. The Respondent has complied with the overgrown grass and paid the Business Tax Receipt, but they have not had a Certificate of Use inspection. He has reached out to the Respondent repeatedly and left messages on voicemail. The Respondent finally responded, and they played phone tag on Monday, but an inspection has not been scheduled. He recommended a compliance date of September 18, 2021 or a fine of$50 per day plus administrative fees in the amount of$384.12. Ms. Zalman commented that the Respondent was not present, and she agreed with the recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of September 18, 2021, or there will be a fine in the amount of $50 per day plus administrative fees of $384.12. Case Hearing Case No. 21-0778 Edwards, Cederick & Katherine Property Address: 1521 NE 4t" Street Type of Property: Single-family, non-homesteaded Violation(s): Business Tax Receipt and Certificate of Use Officer Karageorge presented the case, which was a routine inspection. On March 26, 2021, a door hanger was left giving the Respondent 30 days to comply. Notice was sent via Certified Mail on June 16, 2021, and a signed green card was received June 19, 2021. The Respondent has paid for the Business Tax Receipt but has not scheduled a Certificate of Use inspection. Attempts have been made by phone to contact the Respondent, but no return calls were received. Another call was made in August, at which time it was learned the phone had been disconnected. He spoke with the tenant and asked them to contact the owner when they were going to pay their monthly rent and have the owner contact him, but that did not work. An attempt was made to contact the owner yesterday, but nothing has been heard. This is not a health and safety hazard. He recommended a compliance date of September 18, 2021 or a fine of $50 per day plus administrative fees of$384.12. Ms. Zalman agreed with the recommendation. Decision Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 As no one was present to testify, Ms. Zalman ordered a compliance date of September 18, 2021, or there will be a fine in the amount of $50 a day plus administrative fees of $384.12. Case Hearing Case No. 21-1046 Pierre Luc & Marie Property Address: 510 East Gateway Boulevard Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15, SEC 15-120D1A Remove loose trash from swale Officer Karageorge presented the case, which was a routine inspection. A door hanger was left on April 26, 2021 with seven days to comply. The property was posted on August 3, 2021; however, no progress has been made. Attempts have been made to contact the owner and they have said on three occasions they were going to clean up the property, but never have. The property was reinspected yesterday and loose trash was still there. This is not a health and safety hazard. The City is recommending a compliance date of September 7, 2021 or a fine of$25 per day plus administrative fees of$384.12. Ms. Zalman agreed with the recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of September 77 2021, or there will be a fine in the amount of $25 per day plus administrative fees of $384.12. Case Hearing Case No. 20-2147 Rabah Emily Property Address: 193 SE 1St Circle Type of Property: Single-family, homesteaded Violation(s): As noted in the Notice of Violation Prior to the hearing, the case was removed for 30 days. Case Hearing Case No. 20-2858 Salazar Real Estate LLC Property Address: 108 SE 31St Avenue Type of Property: Single-family, non-homesteaded Violation(s): LDR CH 2, ART 4 Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Officer Daniels presented the case. This is not a health and safety hazard. The City recommends a compliance date of October 15, 2021 or a fine in the amount of$150 per day plus administrative fees of$384.12. Ms. Zalman questioned why the fine was so high. Officer Daniels stated that a lot of work was done on this property; they did an entire and exterior remodel and the garage was enclosed. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 15, 2021, or there will be a fine in the amount of $150 per day plus administrative fees of $384.12. Case Hearing Case No. 20-3249 Cortez Lionel III & Roussert V Property Address: 32 Heather Cove Drive Violation(s): LDR CH 2, ART 4, SEC 282 Obtain permits for your fence being installed without a permit. Contact 561-742-6350 to resolve. Officer Hart presented the case. The initial Notice was issued on December 30, 2020 and 30 days were given to comply. Notices were posted on the property and City Hall on August 6, 2021. A permit has been applied for, but there was a failed Plan Check on January 20, 2021, and according to records, no further action has been taken by the property owner. The property was last inspected on August 17, 2021. The City recommends a compliance date of September 18, 2021 or a fine of $50 per day plus administrative fees of$384.12. Lionel Cortez III and Vanessa Roussert, owners, were present. Mr. Cortez stated he submitted the revision on February 4, 2021 to Liz Moro and did not hear anything back until August 2021. When the initial application was filed, he was told that revisions were needed. Revisions were submitted on February 4, 2021, and he never heard anything. Ms. Zalman thought the Respondent did exactly what he was supposed to do. She removed the case from the docket for 60 days so they could clarify what was going on. Decision Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Based on testimony, Ms. Zalman removed the case from the docket for 60 days so they could clarify what was going on. Case Hearing Case No. 21-0427 Lahens Nevert & Esperant Property Address: 1471 NW 3rd Street Violation(s): As noted in the Notice of Violation Officer Hart requested this case be removed for 30 days to be sure there was proper service. Decision Due to Officer Hart's request, Ms. Zalman removed this case for 30 days. Case Hearing Case No. 20-0503 Misty Meadow Trust Property Address: 14 Misty Meadow Drive, Apartment D CO CH 13, SEC 13-16 COH CH 13, SEC 13-7 inclusive Apply for and pass inspection form pertaining to a Certificate of Use and Occupancy Tag #5617426350 to resolve Obtain Business Tax Receipt Contact 561-742-6350 to resolve Officer Hart presented the case. Notice was posted on the property and City Hall on August 6, 2021. As of this date a Business Tax Receipt and Certificate of Use have not been applied for. The property was last inspected on August 17, 2021. The City recommends a compliance date of September 18, 2021 or a fine of $25 per day plus administrative fees of$384.12. Ms. Zalman agreed with the recommendation. Decision As no one appeared, Ms. Zalman ordered a compliance date of September 18, 2021 or there will be a fine in the amount of$25 per day plus administrative fees of$384.12. Case Hearing Case No. 21-0912 Pravata Michele Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Property Address: 706 SW 3rd Avenue Violation(s): As noted in the Notice of Violation Officer Hart presented the case. A call was received this morning and he requested to remove this case for 30 days due to illness. Decision Due to Officer Hart's request, Ms. Zalman removed this case for 30 days. Case Hearing Case No. 21-1157 Northland Lugano LLC Property Address: 1200 Via Lugano Circle, #210 Violation(s): As noted in the Notice of Violation Prior to the hearing, this case was removed for 30 days. Fine Certification Hearing Case No. 21-0317 Preserve at Boynton Beach Main Property Address: 1866 NE 4t" Street Type of Property: Multi-family Violation(s): The City of Boynton Beach ORD CH 9, SEC 9-22C FPA 13.1.7 FPA 256.2.9.7, CH 9, 9.10 FPA 1.11.1.8 FPA 72 10.6.10.1.1 Officer Rodriguez presented the case. The Respondent appeared at the May 19, 2021 Special Magistrate hearing. A compliance date was set for June 7, 2021 and the fine proposed was $25 per day plus a $100 administrative fee. The violation still exists as of today. The property was last inspected on August 3, 2021. There are 69 days of non- compliance and the fine continues to accrue at $25 per day for a total of$1,725 plus the $100 administrative fee for a total of$1,735.00 Ms. Zalman questioned what types of violations still occur. Officer Rodriguez stated violations are for hydrant markers, FDC markers, both of which go in the roadways, they need to provide documentation for extinguishers in the buildings, and they also have violations for missing valve signs on their fire suppression systems. Ken Zeilberger, Attorney representing the Association, as well as the property manager and Pye-Barker Fire &Safety, were present. He advised that since the last court Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 date the Fire and Safety Company received all the violations and details and were able to go down the list and take care of everything. He thought there was a discrepancy in their compliance issues and what the City received. His understanding was that most of the items have been complied with. Ms. Zalman recommended they speak outside the hearing or contact the City. As of this date, City's records show many items still pending, which is an issue because this is fire safety. This is a Fine Certification and as of this date, they are at $1,725 plus $100 administrative costs, for a total of $1,825. She explained that the entire violation needs to be complied and she has evidence from the City that it is not in compliance. A Lien Reduction can be done later, but at this time she was inclined to enter the Certification. An Order will be sent via mail, and it was noted that the fine continues to accrue each day until compliance is met. Decision Based on evidence, Ms. Zalman certified the fine of$1,825, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-2948 Po Ying Sem Trust Property Address: 120 NW 5t" Avenue Violation(s): COH CH 10, SEC 10-24815 COH CH 15, SEC 15-120d1d COH CH 15, SEC 15-120e2a COH CH 10, SEC 10-56 Remove garbage carts out of public view, install sod in all dead areas of the yard to achieve a green appearance, remove all outside storage; tires, car parts, and other debris from the property, paint exterior of house, and install four-inch house numbers to be visible from the street. Officer Hill presented the case. The Respondent appeared at the May 19, 2021 Special Magistrate Hearing. A compliance date was set for June 19, 2021 with a fine proposed of$25 per day plus administrative fees. The property was inspected on August 17, 2021 and the violations still exist. There are 60 days of non-compliance and the fine continues to accrue at $25 per day plus administrative fees in the amount of$384.12. The total fine as of August 17, 2021 is $1,884.12. The property owner installed house numbers and painted the exterior of the house, but the other violations remain. Po Ying Sem Trust, owner, was present. Ms. Zalman stated one of the main issues was that there still was no sod. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Ms. Trust stated grass was put down, but tenants always park on it and it disappeared over time. Ms. Zalman advised Ms. Trust that she would probably have to deal with her tenant directly regarding demand letters, etc. because ultimately it is her responsibility, and the property must be kept up. It was noted that the garbage issue still remains. She showed Ms. Trust a picture and pointed out the area that must have sod. Officer Hill indicated that the previous tenant moved out while the violation was existing and since then new tenants have moved in. The property was vacant for four months and new sod was never put into comply this case. He stated the new tenants are also parking on the grass. Ms. Zalman suggested Ms. Trust advise the tenants they cannot park there and mention the garbage issue. To bring this into compliance, sod must be put down and the garbage has to be maintained. She noted the fine continues to accrue every day at $25 per day. Decision Based on testimony, Ms. Zalman certified the fine for $1,884.12, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0197 Nixon Lamar Property Address: 411 NE 2nd Street Type of Property: Residential Violation(s): COH Ch 13, SEC 13-7 inclusive COH CH 13, SEC 13-16 COH, CH 15, SEC 15-120D1 D COH CH 20, SEC 20-6 Residential property owner must have both to rent, apply for, pass inspection for, and obtain a Certificate of Use and Occupancy Contact 561-742-6350 to resolve Obtain a Business Tax Receipt Contact 561-742-6350 Install sod in dead area of yard including dead area of swale to achieve a green appearance All trailers must have a valid tag and be stored on a hard surface and trailers cannot be used for storage Officer Hill presented the case. The Notice of Violation was February 22, 2021. The respondent did not appear at the Special Magistrate Hearing date on May 19, 2021. A Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 compliance date was set for June 19, 2021 and the fine proposed was $25 per day plus administrative fees. The property was inspected on August 17, 2021 and the violations still exist. There are 60 days of non-compliance and the fine continues to accrue at $25 per day plus administrative fees of $384.12, for a total fine of $1,884.12. It was noted that the trailer has been removed and some weeds have grown making the yard appear green. Ms. Zalman certified the fine. Decision As no one appeared, Ms. Zalman certified the fine for $1,884.12, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0756 Florida Investment & Trade LLC Property Address: 555 North Railroad Avenue Violation(s): As noted in the Notice of Violation Officer Hill presented the case. This case had two Orders: Order #1 for the Cease and Desist is in compliance, but a 60-day extension was requested for Order #2. The respondent is waiting on permits; anything they could control has been brought into compliance. They have applied for three permits for new bay doors and interior doors. The Cease and Desist was the car repairs outside of the bays. Ms. Zalman tabled the case for 60 days and indicated that the fine continues to accrue and will be dealt with at a future hearing. Decision Due to Officer Hill's request, Ms. Zalman tabled the case for 60 days. Fine Certification Hearing Case No. 21-0890 Rene, David & Yolande Property Address: 2431 NW 1St Street Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. The Respondent did not appear at the May 19, 2021 Special Magistrate hearing. A compliance date of June 7, 2021 was set and the fine proposed was $25 per day plus administrative fees. The date complied was August 3, 2021. The property was inspected on August 3, 2021 and the violation was complied. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 The property was in non-compliance for 58 days at $25 per day. Currently, the fine is $1,450 plus administrative fees of$384.12, for a total of$1,834.12. Evelyn, Interpreter, and Yolande Rene, owner, were present. Ms. Zalman commented that this violation was brought into compliance; however, there was 58 days of non-compliance for a total of$1,450 plus administrative fees in the amount of$384.12, for a total grand of$1,834.12. Officer Weixler explained that the owner said the car belonged to her, who parked the vehicle on the sidewalk. After the first letter was received, he moved the car off the sidewalk onto the property. According to the owner, her son moved the vehicle to the backyard so it could not be towed, but she told him he could not park in that area, so he moved it to the side of the house. When she received the last letter, she called and had the car towed. This is more of the son's problem. Ms. Zalman asked when Ms. Rene first asked her son to comply. Evelyn said Ms. Rene told her when they came to speak to her regarding the car, she called and spoke to a Code Supervisor who told her if the car was not on the sidewalk and physically on her property that it was okay. She did not know being on the side of the house was a problem. Ms. Zalman asked if Ms. Rene recalled when that was and the name of the supervisor she spoke to. Ms. Rene said it was the same day she first received the Notice. She did not recall the name. Officer Weixler indicated they had no evidence of who she spoke to and what was said. He noted that the son had an attitude with Ms. Rene and with him. He was willing to reduce the fine to administrative fees if there is a hardship to pay the fine. Ms. Zalman asked if there was a hardship to pay the money. Evelyn replied yes, there are a lot of other family issues going on and Ms. Rene is not working like she was. She does not have the money to pay. Ms. Zalman agreed with the evidence and commented that it looks like the Respondent wanted to comply; there might have been a miscommunication issue. She thought Ms. Rene did everything in her power to try to rectify the violation including towing her son's vehicle. She agreed with the City's recommendation to remove the non-compliance to zero days and just have administrative fees and costs of$384.12. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Decision Based on testimony, Ms. Zalman certified the fine to zero days in non-compliance and ordered a fine of$384.12 administrative fees and costs. Fine Certification Hearing Case No. 20-2926 Stern Jacob Property Address: 644 Las Palmas Park SFHA Violation(s): As noted in the Notice of Violation Officer Karageorge presented the case. The respondent did not appear at the May 19, 2021 Special Magistrate Hearing. A compliance date was set of June 19, 2021. The property was inspected yesterday, and the violation still exists. There are 60 days of non- compliance and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees of$384.12, for a total of$3,884.12. Ms. Zalman certified the fine. Decision As no one appeared, Ms. Zalman certified the fine of $3,884.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-3201 Ahmed Rishad S Property Address: 2161 North Seacrest Boulevard Violation(s): As noted in the Notice of Violation Officer Karageorge presented the case. The respondent did not appear at the April 21, 2021 Special Magistrate Hearing. A compliance date was set for June 1, 2021. As of yesterday, the property was still in violation. There are 77 days of non-compliance at a rate of$50 per day, for a total of$3,850 plus administrative fees of $384.12, for a grand total of$4,234.12. Ms. Zalman certified the fine. Decision As no one appeared, Ms. Zalman certified the fine for $4,234.12, which includes administrative fees; the fine continues to accrue until in compliance. Fine Certification Hearing Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Case No. 21-0191 Valcin Janel Property Address: 1800 NE 2nd Court Violation(s): As noted in the Notice of Violation Officer Karageorge presented the case. The Respondent did not appear at the May 19, 2021 Special Magistrate hearing. The compliance date set was June 19, 2021. There were two separate Orders; one was for the oversized truck that has complied, and the other involved several items of which all, except for the Business Tax Receipt and Certificate of Use, have complied. He confirmed this information this morning and the violation still exists. There are 59 days of non-compliance and the fine continues to run at $75 per day. As of this date, the fine is $4,125 plus administrative fees of$384.12, for a total of$4,509.12. Janel Valcin, owner, was present. Ms. Zalman commented that almost everything was brought into compliance except getting the Business Tax Receipt. She asked if Mr. Valcin applied for the Business Tax Receipt. Mr. Valcin stated the tenant did not pay, so he took them off and got a new tenant but forgot. He has many problems; in two months 12 people have passed away. He also said he did not receive the letter, that it was not sent to the correct address. Ms. Zalman advised the letters are sent to the address in public records. Officer Karageorge indicated that when the Respondent came in to take care of the oversized truck, they discussed the matter and he said the reason he had not taken care of the Business Tax Receipt was because the tenants had not paid him rent and due to the eviction moratorium, he had no funds to pay the Business Tax Receipt. Ms. Zalman commented that because there were extensive violations and most of them were brought into compliance, she could see the case was not ignored. She noted that the fine continues to accrue at $75 per day until the Business Tax Receipt is taken care of. She is going to do three days of non-compliance plus $384.12 administrative fees, for a total of$225 plus $384.12. Decision Due to testimony, Ms. Zalman certified the fine for $225 plus $384.12, and noted that the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-1327 McKessy Michael & Diane Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Property Address: 143 SE 27th Avenue Violation(s): Mow and trim all overgrowth on the property Pressure clean Paint building Repair damage roof Permits may be required Contact 561-742-6350 to inquire Officer Daniels presented the case. The Notice of Violation date was September 21, 2020. The Respondent did not appear at the May 19, 2021 Special Magistrate Hearing. A compliance date of June 19, 2021 was set and the fine proposed was $25 per day plus administrative fees. There are 60 days of non-compliance and the fine continues to accrue at $25 per day plus administrative fees, for a total of$1,884.12. Ms. Zalman agreed with the recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $1,884.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-2152 Popamar Investment LLC Property Address: 213 SE 1St Circle Violation(s): LDR CH 2, ART 4, SEC 2A Building permit secure Building permit for patio enclosure Officer Daniels presented the case. The Respondent appeared at the March 17, 2021 Special Magistrate Hearing. A compliance date of April 29, 2021 was set and the fine proposed was $50 per day. The property is still not in compliance and there are 111 days of non-compliance at $50 per day plus administrative costs at $384.12, for a total of $57934.12. It was noted when the Respondent previously appeared he was in the process of applying for a building permit. At that time the case was tabled, but there are notes in the system where $50 per day was entered. Florian Popa, owner, was present. The last time he was there, the application was on a homeowner permit to see if he qualified. After the Hearing, he received a notice saying he was not qualified for the homeowner permit, so he applied under the contractor permit. Ms. Zalman questioned how long this case was tabled and commented that the violation was still not in compliance. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Officer Daniels believed Mr. Popa was given 45 days, but she was not 100% sure. Mr. Popa stated the application is approved. Officer Daniels explained that Mr. Popa resubmitted plans to the Building Department under the General Contractor license and as of this date, the Building Department is reviewing those plans. She stated that since Mr. Popa was trying to comply that perhaps this case should be tabled, she did not know what else could be done. She printed out the information from the Building Department portal, which shows the dates Mr. Popa applied and resubmitted. Ms. Zalman stated she was going to certify a fine of $100 plus $384.12 administrative fees. She noted that the fine continues to accrue and can be dealt with later. Decision Due to testimony, Ms. Zalman certified the fine of$484.12, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-2886 Chess Player Investment LLC Property Address: 406 Venice Drive Violation(s): LDR CH 2, ART 4, SEC 282 Building permit secure Building permit for swimming pool Officer Daniels presented the case. The Respondent appeared at the March 17, 2021 Special Magistrate hearing. A compliance date of June 19, 2021 was set and the fine proposed was $200 per day plus administrative fees. The violation no longer exists; the property was last inspected on August 17, 2021. There are 35 days of non-compliance, which brings the total to $7,384.12. This came in as a complaint from neighbors and it was a health and safety hazard as the Respondent had an unsecured swimming pool. The property backs up to a canal, but neighbors were concerned a child could get into the pool and drown. Ms. Zalman thought this case was in compliance. Officer Daniels explained that the way the violation was written, the case is in compliance because a permit was secured instead of a pool barrier, which should have been cited. The Respondent stated that he showed the salesperson a white fence at the end and said the fence could go straight next to the palm trees because that is where the fence was. They said no, the survey shows the property line goes on top of the palm trees. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Ms. Zalman stated the safety issue has not been resolved and questioned if there is going to be a new violation for the fence. Officer Daniels stated that the Respondent currently has a permit and is waiting to have the fence installed. She did not feel the need to cite him again. Ms. Zalman stated she was going to do two days of non-compliance because technically, nothing further could be done. The fine is $400 plus $384.12 administrative fees. She strongly emphasized to get this done; otherwise, it will be brought back as a health and safety issue, and he will pay a lot more. Because of the permit, the respondent is in compliance, but if this continues it will turn into another hearing because the fence is not there yet. Decision Based on testimony, Ms. Zalman certified the fine to $784.12. which includes administrative fees. Fine Certification Hearing Case No. 17-2584 Hanlon Michael Property Address: 2385 SW 13th Way Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Respondent appeared at the February 17, 2021 Special Magistrate Hearing. A compliance date of April 30, 2021 was set and the fine proposed was $100 per day. The property was last inspected on August 17, 2021, and the violations still exist. Ms. Zalman commented that this is the Habitat for Humanity. Officer Hart stated he visited the Respondent, dropped off the paperwork, and brought someone from the Community Improvement to try to help. One of the criteria to qualify for improvements is that you have homeowner's insurance, which the Respondent does not have. They are looking for someone who could possibly pay for the insurance for a year, but that was as far as they could go. As of this date, the Respondent has not turned in the paperwork and all options have been exhausted. There are 138 days of non- compliance and the fine continues to accrue at $100 per day for a total of $13,800 plus administrative fees in the amount of$384.12, for a grand total of$14,184.12. Ms. Zalman certified the fine. Decision Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 As no one appeared, Ms. Zalman certified the fine for $14,184.12, which includes administrative fees; the fine continues to accrue until in compliance. Fine Certification Hearing Case No. 19-3441 Harbour Hall Inlet Club 11 Property Address: 689 NE 6t" Court Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Respondent appeared with the Property Manager at the time, Wendy Delato, and their Attorney. The compliance date was May 1, 2021 and the fine ordered by the Special Magistrate was $100 per day plus administrative fees. The property was last inspected on August 17, 2021, and the violation still exists. The property has been in non-compliance for 107 days and the fine continues to accrue at $100 per day. As of this date, the fine is $10,900 plus $384.12 administrative fees, for a total of$11,284.12. Guy Shir, Attorney on behalf of the Association, advised that he and Officer Hart have discussed this and entered into an agreement. He updated Officer Hart regarding the engineering firm and stated they will be getting specifications for the project. As soon as the specifications are sealed, they will bid them out to a contractor, then present them to the City, and then the repairs would be done. The engineer is going to oversee the project as well as scope out the plans. Tim Corey, President of the Harbour Hall Inlet Club #1, located at 710 NE 7t" Street in Boynton Beach, Florida 33435, was present. He provided pictures and stated they hired a State Certified Marine Inspector to get into the canal and conduct an inspection on the seawall itself. It was determined that water breaches the wall during King Tides because there is a 100-foot stretch of seawall at Harbour Hall 1 that drops nine inches and then another six inches. Ms. Zalman questioned who Mr. Shir was representing. Mr. Corey stated Mr. Shir was representing Harbour Hall #2. It was noted that their Association filed suit against them. It was dismissed once, but it has been amended and they are moving to dismiss it again. There is currently a court action between the two Associations where they have Counsel that is moving forward. He stated their Association would like to know the timeline. Mr. Shir stated they signed into an agreement and paid them, so now it must be drafted. Once it is drafted, they have to vet contractors and return to the City to have the plans approved, then implement it. He asked if the wall was going to be raised or capped. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Ms. Zalman asked to see a copy of the contract because she did not realize there was a dispute. Mr. Shir advised they just entered into the agreement so until he knows what is drawn up, he does not know. Ms. Zalman indicated there is evidence and every time they come here there is movement, but this is a Fine Certification. She is going to certify the fine for$10,900 plus fees, but once this is completely done, a Lien Reduction can be considered. At this time, to keep pressure on to balance the interest, she is going to enter the fine. She thought any questions would have to directly be addressed with Mr. Shir regarding the timeline. Mr. Corey asked if Ms. Zalman wanted to see pictures. He stated this is a health and safety hazard; elderly people live in this unit and the concern is in the next couple weeks they are going to get King Tides with 16 to 24 inches of water. Ms. Zalman indicated that the Code Compliance Officers would bring any urgent issues to their attention for a future hearing. If a Code Officer bring this back under a separate matter or violation, it would come back to another hearing. She recommended their offices stay in touch regarding the timeline. Decision Based on testimony, Ms. Zalman certified the fine for $11,284.12, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-0180 Freeman Gail W Property Address: 1801 Ocean Drive, #106 Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Respondent did not appear at the May 19, 2021 Special Magistrate Hearing. A compliance date of June 19, 2021 was set and the fine proposed was $25 per day plus administrative fees. The property was last inspected on August 17, 2021, and the violation still exists. There are 59 days of non-compliance and the fine continues to accrue at $25 per day. As of this date, the fine is $1,475 plus administrative fees in the amount of$384.12, for a total of$1,859.12. Ms. Zalman agreed with the recommendation. Decision Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 As no one appeared, Ms. Zalman certified the fine for $1859.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-1073 Kolb Edward T & Ellen C Property Address: 2560 SW 10th Street Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Respondent did not appear at the April 21, 2021 Special Magistrate Hearing. A compliance date was set for June 15, 2021 and the fine proposed was $25 per day plus administrative fees. The property was last inspected on July 24, 2021, and it did comply. There are 39 days of non-compliance and the fine continued to accrue at $25 per day. As of this date, the fine total is $975 plus administrative fees in the amount of$384.12, for a total of$1,359.12. Edward Kolb, owner, was present. He stated he was in compliance; he got the permits on July 24, 2021, and at that point it was complied. It took so long because he was trying to understand what to do, and he did everything he was told. He paid the fee and thought he was good, but apparently that did not work. He received a Notice that he was still out of compliance at which time he called and spoke to someone in the Planning Department who said he needed a fence kit. A fence kit was sent to him, and he filled out the forms, but he never heard anything back and assumed it worked. Ms. Zalman advised that the fine has accrued up to $975 plus administrative fees of $384.12. She questioned why Mr. Kolb missed the last hearing. Mr. Kolb was in Jacksonville. His brother passed away and he had to take care of his 86- year-old father, who was there alone; he had to get him into the VA Hospital. Upon returning home, he noticed the violation was still not fixed and then he received another Notice, which he took to the desk and worked with employees. He was given forms, which he filled out, they stamped the forms, and it was over in 15 minutes. Ms. Zalman stated the problem is that the violation sat for many days and a fine was accruing. She stated she was going to do five days of non-compliance at $25 per day plus administrative fees of$384.12. Decision Based on testimony, Ms. Zalman certified the fine for $509.12, which includes administrative fees. Fine Certification Hearing Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Case No. 21-0213 CAEV Holdings LLC Property Address: 602 SW 7t" Street Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Respondent appeared at the June 16, 2021 Special Magistrate Hearing. A compliance date was set for July 5, 2021 and the fine proposed was $25 per day plus administrative fees. The property was last inspected on August 3, 2021, at which time the violations complied. There are 23 days of non-compliance and the fine continued to accrue at $25 per day. As of this date, the fine is $725 plus administrative fees in the amount of $384.12, for a total of$1,109.12. Prior to August 3, 2021, the property had complied except a pallet of pavers that were left. Camillo Elizalde, managing member of CAEV Holdings, was present. Ms. Zalman stated there is a fine of $725 plus $384.12 administrative fees, but the violations are in compliance and today is to certify the fine in that amount. Mr. Elizalde stated the compliance date was July 5, 2021. He thought he was in compliance and did not think having a pallet of pavers would be a problem. The issue at the previous Hearing was all the materials left around. Ms. Zalman questioned the number of non-compliance days from when the violations were brought into compliance except for the pavers. Officer Hart stated it was 29 days; he was notified on July 29, 2021 and the last inspection was on August 3, 2021. The pavers were removed on August 3, 2021 and that is when everything came into compliance. He believed originally the date was July 5, 2021. He indicated that the last reinspection was July 13, 2021, because he was on vacation and that was the date stamp on the picture with the pavers. Ms. Zalman commented that from July 5, 2021 to August 3, 2021 is about 29 days. She mentioned the Respondent was disputing the fine from July 5, 2021 to August 3, 2021 and Officer Hart was saying there were 29 days between July 5, 2021 and August 3, 2021. She was inclined to certify for ten days at $25 per day in the amount of$250 plus $384.12 administrative fees. Decision Due to testimony, Ms. Zalman certified the fine for $250 plus administrative fees of $384.12. Fine Certification Hearing Case No. 20-1383 JSF Enterprises LLC Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Property Address: 123 SW 6th Avenue Violation(s): As noted in the Notice of Violation Officer Estime presented the case. This case was heard at the March 17, 2021 Special Magistrate Hearing. A compliance date of June 29, 2021 was set and the fine proposed was $50 per day plus administrative fees. The property was inspected on August 17, 2021, and the violation still exits. There are 51 days of non-compliance and the fine continues to accrue at $50 per day plus administrative fees in the amount of$384.12, for a total of$2,934.12. Jack St. Fleur, owner, was present. Ms. Zalman asked if Mr. St. Fleur was aware of the violations. Mr. St. Fleur stated he was aware of the violation. Every time he checks on his permit, he is told they are backed up due to Covid-19. The first part of the violation was sod, and everything has been in compliance since March 2021, except the part he is not in control of. Officer Estime advised that Mr. St. Fleur is working with the Building Department and submitted new documents last week. The violation has been out of compliance for 51 days. Ms. Zalman questioned what took so long to get to the point of submitting the paperwork last week. She also questioned when everything else was brought into compliance and the compliance date was. Officer Estime indicated that the Respondent applied for the permit in March, but it failed Plan Review, so he had to resubmit the document to address the comments. He stated the compliance date was June 29, 2021, so for the Board Order Inspection, everything else was in compliance, but he is waiting for the building permit. Ms. Zalman stated she was making this a $0 fine plus administrative fees in the amount of$384.12; there is no fine, but it continues to accrue. Decision Based on testimony, Ms. Zalman certified the fine for $384.12 administrative fees. It was noted there is currently no fine, but it continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-1811 Lazar Betsalel & Vanon Yossi Property Address: 133 SW 10th Avenue Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Violation(s): As noted in the Notice of Violation Officer Estime presented the case. The Respondent did not appear at the December 16, 2020 Special Magistrate Hearing. A compliance date was set for January 15, 2021 and the fine proposed was $50 per day plus administrative fees of$384.12. The property was inspected on May 18, 2021, and the violation complied on May 17, 2021. There are 123 days of non-compliance at $50 per day plus administrative fees, for a total of $6,534.12. It was noted that this case was tabled in March to the April Hearing and the Code Officer was not present at the April Hearing, so the case was pushed back. The Respondent did not appear at the hearing. Ms. Zalman certified the fine. Decision As no one appeared, Ms. Zalman certified the fine of $6,534.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Lien Reduction Hearing Case No. 17-1080 Lansky Heritage Holdings LLC Property Address: 189 SE 27th Place Violation(s): As noted in the Notice of Violation Officer Pierre presented the case. The Notice of Violation was issued on September 15, 2017, and the property was cited to renew and obtain a Business Tax Receipt and a Certificate of Use and Occupancy. The compliance Hearing date was November 15, 2017, and a representative from Lansky Heritage Holdings LLC appeared. They were given until December 28, 2017 to comply or be fined $75 per day. This property came into compliance with a new owner on August 10, 2021. There are 1,311 days of non- compliance at $75 per day plus administrative costs of$730.15 for a total of 99,055.15. Blanca Gomez and Marcos Daniel Gomez, owner, were present. Ms. Zalman questioned if the property was purchased as an investment property and noted there is a lien of$99,055.15. She also questioned when they bought the property. Ms. Gomez advised they purchased the property as investment property; they are investors. The property was purchased at the end of 2019. They knew there was a lot of permits and guidelines to the code, so they began working with different Code Officers of the Building Department, but the process was very slow because the pandemic began in 2020, so the situation was difficult. After a couple months they were able to submit the permits. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Ms. Zalman questioned how much money they spent after purchasing the property to improve or bring it into compliance. Ms. Gomez thought it was $250,000. Ms. Zalman clarified that the property was purchased for $275,000 in September 2019 through the Broward County Property Appraiser's records. She questioned if they have tenants. Ms. Gomez stated they spent about $40,000 for various permits and the most expensive was the driveway. There were many problems with the driveway because according to Code, only two parking spaces were allowed and this is a triplex, so three families need more parking spaces than two. After discussing this with Code Enforcement, it was concluded by the Building Department that a special permit would be approved for the driveway. After that permit was approved, they realized there were two trees in the middle of the driveway, so they again spoke with Code Enforcement and were told to remove the trees and plant four trees to make a nice design for the driveway. She replied there are tenants and asked Ms. Zalman to consider their investment as they have worked very hard to have this beautiful property. If the lien could be reduced by 2% or 3%, she would appreciate it. Officer Pierre suggested an 8% reduction. Ms. Zalman stated that the City was recommending 8%, which would be $7,866 plus $730.15 administrative fees. Taking into consideration money that was spent, if she reduced the fine to 6.5%, that would be $6,931.12 plus $730.15 administrative fees, for a total of$6,821.15, which is lower than the City recommendation of$8,596. Decision Based on testimony, Ms. Zalman reduced the fine to $6,821.15, which includes administrative fees. Lien Reduction Hearing Case No. 18-0608 RJ Simple Solutions LLC Property Address: 160 Flamingo Drive Violation(s): Put sod in dead areas of yard Apply for and pass inspection to obtain a Business Tax Receipt and a Certificate of Use and Occupancy Paint the exterior structure of the property NOTE: Items #46 and #47 were heard in tandem. Officer Pierre noted that this property has two liens, Items #46 and Item #47. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Officer Pierre presented the case. The Notice of Violation was May 25, 2018. The Respondent did not appear at the January 16, 2019 Special Magistrate Hearing. A compliance date was set for February 11, 2019 or a fine of $75 per day. This property came into compliance on August 9, 2021. There are 909 days of non-compliance at $75 per day plus administrative fees in the amount of $634.12. The total lien amount is $68,809.12. Rodolph Gizelle, owner, was present. Ms. Zalman asked if Mr. Gizelle was the new owner of the property, if he purchased this as an investment property, and if there were tenants there. Mr. Gizelle replied yes to all three questions. Ms. Zalman commented that two liens were inherited through this purchase. One is for $68,809.12 and the second is $4,909.12, both of which they are here to argue for a lien reduction. Mr. Gizelle stated all the violations were resolved and he thought everything was over. He paid for the Business License and called for an inspection. When the Inspector inspected the property, he was told everything was okay, but a few minutes later the Inspector told him there was one lien that needed to be taken care of; however, the violation was already fixed. He thought there were no liens, all the titles said there were no liens. Ms. Zalman advised that Mr. Gizelle might have a claim because these are big liens; over $70,000 is owed to the City of Boynton Beach. Mr. Gizelle clarified that he owned the property with the liens; he bought the property in 2018. Ms. Zalman commented that these liens came about while Mr. Gizelle was the owner and he thought they were resolved. Ms. Zalman stated this Hearing was not to rehear those violations because they have already been heard and the lien is real. Mr. Gizelle stated that he never received any papers, and he was here to see if the lien could be reduced or eliminated. He stated there was confusion when they told him to get a permit for the screen after he was finished fixing the screen because someone told him there was no need for a permit; it took almost two years to get the permit. He has been trying everything possible to get this resolved. He said he spent around $11,000 on various repairs to come into compliance. Officer Pierre indicated that the City recommended an 8% reduction of each lien. Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Ms. Zalman advised that the City was recommending 8%, which would be $5,454 for the first lien and $342 for the second lien plus $634.12 on each, but she was only going to charge $634.12 on one, not both. The City is recommending $5,400 on the first lien and $342 on the second lien, plus costs. She questioned how many days the respondent had to pay. Officer Pierre commented that the fine must be paid within 90 days. Ms. Zalman explained when there is an Order it must be paid in 90 days, or it goes back to the original lien. Taking the $11,000 spent for repairs into consideration and doing a percentage, the fine would go to $4,575. She was inclined to do 6.5% and consider the repairs, which would be $4,431.38 for the first lien and $128.25 for the second lien plus administrative fees of$634.12, so the second lien would be $762.37. The first lien would be $4,431.38 and the second lien would be $762.37 for a total of$5,193.75 for both liens, payable within 90 days. Decision Based on testimony, Ms. Zalman reduced the lien to $4,431.38. Note: The total amount for Items #46 and #47 is $5,193.75, payable within 90 days. Lien Reduction Hearing Case No. 18-1395 RJ Simple Solutions LLC Property Address: 160 Flamingo Drive Violation(s): Obtain permits for the structural damage to exterior porch NOTE: Items 46 and 47 were heard in tandem. Officer Pierre presented the case. The Notice of Violation was June 29, 2018. This was as the result of a red tag from the Building Department. The Respondent did not appear at the January 16, 2019 Special Magistrate Hearing. A compliance date was set for February 14, 2019 or a fine of$75 per day. This property came into compliance on April 10, 2019. There are 57 days of non-compliance at $75 per day plus administrative fees in the amount of$634.12, for a total lien amount is $4,909.12. See related discussion on Item #46. Decision Based on testimony, Ms. Zalman reduced the lien to $762.37, which includes administrative fees. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 18, 2021 Note: The total amount for Items #46 and #47 is $5,193.75, payable within 90 days. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:47 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 31