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
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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
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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.
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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.
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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
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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
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Community Standards Special Magistrate Hearings
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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
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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
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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
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Community Standards Special Magistrate Hearings
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.]
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