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Minutes 09-15-21 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, SEPTEMBER 15, 2021, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Outreach Coordinator Lisa Tayar, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:04 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 not 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 CHANGE CASES AND STATUS Item Case No. Status 4 21-0713 Complied 10 21-1324 Complied 11 20-2010 Removed for 30 days 23 21-0056 Removed for 30 days IV. NEW BUSINESS Case Hearing Case No. 20-2971 Johnson Nahemai Z Property Address: 455 SW 2nd Avenue Violation(s): As noted in the Notice of Violation Officer Estime presented this case. This is not a health and safety hazard. The City recommends 15 days for compliance, which is October 11, 2021, or a fine of$50 per day plus administrative fees in the amount of$384.12. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 11, 2021, or a fine in the amount of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 21-0533 215 S Seacrest LLC Property Address: 215 S Seacrest Blvd Violation(s): As noted in the Notice of Violation Officer Estime presented this case. This is not a health and safety hazard. The City recommends 30 days for compliance, October 15, 2021, or a fine of $50 per day plus administrative fees of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 15, 2021, or a fine in the amount of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 21-0534 215 S Seacrest LLC Property Address: 107 SW 2nd Avenue Violation(s): As noted in the Notice of Violation Officer Estime presented this case. This is not a health and safety hazard. The City recommends 30 days for compliance, October 15, 2021, or a fine of $50 per day plus administrative fees in the amount of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 21-0713 Seashore Industries Inc. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Property Address: 513 N Federal Highway This case complied prior to the Hearing. Case Hearing Case No. 21-1085 Monde Jacob Property Address: 212 NW 6t" Avenue Violation(s): As noted in the Notice of Violation Officer Hill presented this case. This is not a health and safety hazard. The City recommends a compliance date of October 11, 2021, or a fine of $25 per day plus administrative fees in the amount of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 11, 2021, or a fine of$25 per day plus administrative fees of$384.12. Case Hearing Case No. 20-2372 136 BBB Property LLC Property Address: 136 W Boynton Beach Boulevard Violation(s): As noted in the Notice of Violations Officer Weixler presented this case. This is not a health hazard. The City recommends a compliance date of October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 21-0079 Keple LLC Property Address: 31 Crossings Circle, Unit G Violation(s): As noted in the Notice of Violations Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Weixler presented this case. This is a possible health and safety issue because there might be mold. The City recommends a compliance date of October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 21-1153 Lovinord Stepsie Property Address: 100 Ocean Parkway Violation(s): As noted in the Notice of Violations Officer Weixler presented this case. The violation was for a parked vehicle, and this is a first offense, which is a $100 fine plus administrative fees of$384.12. Ms. Zalman stated this was the oversized vehicle parking. Decision As no one was present to testify, Ms. Zalman ordered a fine in the amount of $100 plus administrative fees of$384.12. Case Hearing Case No. 21-1526 Tallerie Pierre Property Address: 317 E Gateway Boulevard Type of Property: Single Family - Homesteaded Violation(s): LDR CH 2, ART 4, SEC 2A2 Obtain required Building permit for starting installation of new unpermitted sewer or drain line. Officer Weixler presented the case, which was the result of a routine inspection. The initial inspection date was June 21, 2021, and 15 days were given to come into compliance. Certified mail was sent on July 7, 2021, and a signed green card was received on July 14, 2021. This is a possible safety hazard from cross connection contamination, as they would have tied into the City sanitary line, which would have been a problem. The Respondent advised this was an emergency. The property was inspected yesterday, and the violation still exists. The City recommends a compliance date of October 15, 2021, or a fine of$150 per day plus administrative fees of$384.12. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Pierre Talleri, owner, was present. He explained that the plumber told him he needed a new drain line, a permit, and that the work would be done as an emergency. When they dug up the trench, he told the plumber to do what was needed and he did not do anything. Mr. Talleri then removed all the roots from the property and the trench was covered, nothing was ever put in, so he does not think anything is needed at this point. Officer Weixler stated this happened on a Saturday. He contacted the Utilities emergency person and told them work was going on and that someone needed to go there and talk to the Respondent to make sure they did not connect to City service. He indicated that a drainage pipe is needed, and a permit is required for the work. Mr. Talleri advised that he hired a General Contractor and an Engineer, and they are drawing the plans. He is going to have them scope the work in question to see if a drainage pipe is needed or if he can use the one that is there. If plumbing is needed, they will pull the necessary permits. The City dismissed the case. Decision Due to testimony, Ms. Zalman dismissed this case. Case Hearing Case No. 21-1324 CH Realty VII PSREG BB Las Vegas Property Address: 1331 S Federal Highway, #102 This case was complied prior to the Hearing. Case Hearing Case No. 20-2010 Octavien Daniva Property Address: 1580 NW 2nd Lane Prior to the Hearing, this case was removed for 30 days. Case Hearing Case No. 21-0837 Rodriguez James C & Kristine Property Address: 711 SW 27th Way Type of Property: Single Family — Non-Homesteaded Violation(s): LDR CH 2, ART 4, SEC 2A2 Obtain permit for pavers, windows, and unpermitted structured in the back Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Guillaume presented the case. Written Notice was posted on the property and City Hall on September 2, 2021, and the Respondent was given 30 days to comply. An inspection was conducted yesterday. The City is recommending a fine in the amount of $100 per day plus administrative fees in the amount of$384.12. Henry Hart, neighbor, was present. Ms. Zalman questioned the purpose of the compliant. Mr. Hart explained there was incessant dog snarling and barking day and night as well as constant noises caused by machines being used to work on the roof and other parts of the property. There was noise between 6:45 a.m. to almost midnight, seven days a week, which continued began in January and continued until May. The owner hired workers in Virginia where she lives, and the workers live in the house and work. Animal Control was called because the dog would never stop barking. He noted that a huge wooden structure was built close to his back fence and the structure is against an FP&L telephone pole with a light, which is on their property, and now, FP&L cannot access the pole unless they go through his property. When the structure was spray painted there was paint all over his plants and fence. Even to this day, he hears a thumping sound while watching television and when he goes outside, he hears music and seem the neighbors conducting exercise classes on the pool deck at midnight. Ms. Zalman advised the music or noise is not part of this case, but it can be brought up to the owner and City. Today, an Order will be issued for City fees and costs of$384.12 and the property must be brought into compliance by October 15, 2021, on the issues discussed including the structure. The neighbor expressed concern about the structure and hurricane regulations and noted there is an awning over the structure. Ms. Zalman indicated when there is any kind of permitting it must comply and the City takes that into account. It is the responsibility of the owner to bring the property into compliance with the City Code and Ordinances. If these things are not taken care of, the Respondent will be fined $100 per day until in compliance. Decision Based on testimony, Ms. Zalman ordered compliance by October 15, 2021, and that administrative fees of$384.12 be paid. If there is no compliance, a fine in the amount of $100 per day will continue to accrue. Case Hearing Case No. 21-0611 Jean Baptiste Emmanuel R Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Property Address: 131 NE 17th Avenue Type of Property: Single Family — Non-Homesteaded Violation(s): As noted in the Notice of Violation Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was March 5, 2021. A Courtesy Notice was issued on March 10, 2021, and 21 days were given to comply. Certified mail was sent July 6, 2021, and a signed green card was received on July 11, 2021. No progress has been made and attempts have been made to communicate with no success. The property was inspected this morning, and nothing had been done. This is not a health and safety hazard. The City recommends a compliance date of October 15, 2021, or a fine of $50 per day plus administrative fees of$384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered compliance by October 15, 2021, or a fine of$50 per day plus administrative fees of$384.12. Case Hearing Case No. 20-0448 Bonowicz Debra & Carol Property Address: 1816 Banyan Creek Circle N Violation(s): As noted in the Notice of Violation Officer Hart advised that due to a hardship, the City would like to remove this case for 60 days pending reinspection. Ms. Zalman agreed with the City's request to remove this case for 60 days. Decision Due to the City's request, Ms. Zalman removed this case for 60 days pending reinspection. Case Hearing Case No. 21-0212 Fontus Martine & Wancy A & J Property Address: 808 NW 7th Street Type of Property: Single Family - Homesteaded Violation(s): LDR CH 2, ART 4, SEC 2A2 Obtain permits for fence and sod Contact 561-742-6350 to resolve Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Hart presented this case, and the initial inspection date was January 25, 2021. Notice was issued January 29, 2021, and certified mail was sent July 7, 2021, and a signed green card dated July 12, 2021, was received. The fence failed plan check on March 30, 2021, and further action has not been taken by the property owner. The property was last inspected on September 14, 2021. The City recommends a compliance date of October 15, 2021, or a fine of$25 per day plus administrative fees in the amount of$384.12. Jean Wancy, owner, was present. Ms. Zalman commented that this is a permitting issue. Mr. Wancy was confused because the permit was approved on March 19, 2021; he already paid for the permit. Officer Hart advised that the permit was not approved, it is still in plan check. The fence is installed improperly; the finished side is not out, which he assumed was why it did not pass on both sides. The finished side must always face out; that is a Planning and Zoning regulation, and it is backwards. The poles must be on the inside of the property and the finished side are on the inside of the property. Ms. Zalman requested proof of approval and the Respondent showed the approval on his ipad. Ms. Zalman wanted to reschedule for October or November because the Respondent was under the impression the fence was approved. Since there might have been a miscommunication, the hearing will be rescheduled for next month, the third week of October, and hopefully this will be complied before that time. If not, there will be a fine of $384.12 plus a daily fine. Decision Based on testimony, Ms. Zalman rescheduled this case to the October 2021 hearing. Case Hearing Case No. 21-0427 Lahens Nevert & Esperant Property Address: 1471 NW 3rd Street Type of Property: Single Family Home — Non-Homesteaded Violation(s): CO CH 10, SEC 10-56D Secure all doors and windows and openings of the home Officer Hart presented the case, which was a citizen complaint. The initial inspection date was February 17, 2021. The initial written Notice was issued February 19, 2021, and five Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 days were given to comply. Notice was posted on the property on August 30, 2021. This property is currently occupied; however, there is no running water or power. It is assumed the gentleman occupying the property has mental health issues. Garbage cans were taken from the parking lot and recreational center, which is less than a quarter mile away. He loads his garbage cans from the recreational center and dumps them in his front yard. The yard has been cleaned several times, but it is becoming a health hazard and a nuisance. The City recommends a compliance date of October 1, 2021 for Abatement plus administrative fees in the amount of$384.12. In response to Ms. Zalman, Officer Hart stated the City would like to get the Abatement, but if not, they would recommend a fine in the amount of$250 per day plus administrative fees. Attorney Andrew Scolaro, represents a mortgage holder on this property that is currently in foreclosure. They are not disputing the violations and he noted it is difficult for his client to secure the property since it is occupied. He will send the inspector back to the property to comply by October 1, 2021, but he could not guarantee compliance. Ms. Zalman explained that the City would board the property after October 1, 2021, and a fine in the amount of$250 per day would continue. The City has an opportunity to board the property or take the fine and she believed they would board the property quickly since that is the goal. The property will continue to have violations until it is sold or foreclosed at which time, they would get taken care of. Decision Based on testimony, Ms. Zalman ordered compliance by October 1, 2021. If there is no compliance by that date, the City will board the property and a fine in the amount of$250 per day plus an administrative fee of$384.12 will continue until in compliance Case Hearing Case No. 21-0912 Pravata Michele Property Address: 706 SW 3rd Avenue Type of Property: Single-family — Homesteaded Violation(s): CO CH 15, SEC 10-52 CO CH 15, SEC 15-120D1A CO CH 15, SEC 15121 D1 D LDR CH 3, ART 4, SEC 3C Cease all auto repair on the property Property zoned R1A, Residential Remove all outside storage, trash, and debris including auto parts Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Sod all bare areas of front yard where grass is visible from the City street Officer Hart presented the case, which was a citizen complaint. The initial inspection date was April 7, 2021. Written Notice was April 9, 2021, and 21 days were given to comply. Notice was posted on the property and City Hall on September 3, 2021. The outside storage trash and debris still exists, and the swale is still short of grass. The property was last inspected on September 14, 2021. The City recommends a compliance date of October 15, 2021, or a fine of $50 per day plus administrative fees in the amount of $384.12. Michele Pravata, owner, was present. Ms. Zalman questioned the status of the sod and debris. Ms. Pravata explained that she put Weed and Feed on the sod and she has been trying to grow the lawn again. Previously, she resodded the entire front lawn and it died; she cannot afford to do it again. Her sprinkler system is broken. The lawn has improved quite a bit and she has gotten all the grass back on the front lawn. There are parking issues because her children are grown and there are more cars. She is trying to get money for a permit to extend her sidewalk. Officer Hart commented that the yard is overgrown and there are several inoperable vehicles. Ms. Zalman advised if that continues it will probably come up for a hearing too. Ms. Pravata stated they are getting it taken care of. She is currently unemployed and did not have the money. The vehicle is in her father's name, and they are transferring the registration. She indicated that the debris was cleaned up. They had a slab leak in the kitchen and had to remodel, so that is why the cabinets were outside. She cannot move the marble; it is too heavy. Most of the debris is from her daughter's boyfriend and it has been an ongoing problem. The lawn is currently overgrown because the lawnmower is broken. She cannot keep up with everything with no money; however, she will get the lawnmower repaired. Ms. Zalman postponed this case one month to give the Respondent an opportunity to get this resolved. The car is not an issue today, but it will be. The marble must be removed; the fines are going to be more costly than the cost of removing it. The fine will be a minimum of$384.12 administrative fees plus $50 per day. Officer Hart noted that grass on the swale is part of the violation. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Decision Based on testimony, Ms. Zalman postponed this case to the October 2021 hearing. If not in compliance by October 15, 2021, the fine will be a minimum of$384.12 administrative fees plus $50 per day. Fine Certification Hearing Case No. 20-1931 Leeham Joshua & White Jessica Property Address: 202 W Ocean Avenue Officer Estime presented the case, which was a routine inspection. The Special Magistrate Hearing date was March 17, 2021, and the Respondent appeared. A compliance date was set for May 29, 2021, or a fine of $25 per day plus administrative fees of $384.12. The property was inspected on September 14, 2021, and the violation still exists. There are 110 days of non-compliance and the fine continues to accrue at $25 per day, plus administrative fees in the amount of$384.12, for a total of$3,134.12. Ms. Zalman agreed with the recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $3,134.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-1961 Calello, Michele Property Address: 342 SW 4t" Avenue Type of Property: Single-family, non-homesteaded Violation(s): CO CH 15, SEC 15-120D1A Remove all inoperable vehicles on property or make operable LDR CH 2, ART 4, SEC 42A2 Obtain Building permit for newly installed fence Officer Estime presented the case. The Special Magistrate hearing date was March 17, 2021, at which time a compliance date was set for May 29, 2021, or a fine of$25 per day plus $384.12 administrative fees. The property was inspected on September 14, 20217 and complied on July 24, 2021. There are 56 days of non-compliance at $25 per day for a total of$1,400. Administrative fees of$384.12 have already been paid. Michele Calello, owner, was present. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman asked how Officer Estime found out the violation was complied. Officer Estime advised that he checked the status of the permit, and it was approved on July 24, 2021. Ms. Calello explained she complied by May 28, 2021, and when checking on the status of the permit she saw a notice on June 1 or June 2, 2021, that the paperwork was not being approved because something was not signed and notarized. She was told that she had to sign and notarize Box 8, which is the secondary box, and Box 7 was signed and notarized. It made no sense to sign and notarize Box 8, but she did it and provided a copy, which was submitted on June 2, 2021, even though no one notified her of the problem. The paperwork was finally approved on June 10, 2021, and the actual permit was not approved until July 24, 2021, but everything was submitted by May 28, 2021. The paperwork did not go through the system until July 24, 2021, but that was out of her control. The documentation she received said she had until May 29, 2021, which she did. She sent the papers in with pictures and was told she did not need to reverse the panels on the fence and that she could put boards on the opposite side of the fence to make it board on board, which she did. Pictures were sent in, and she was told it was incorrect and that they were not going to approve it because the posts were showing, so they had to take all the boards down and redo it. The delay was due to administration, not on her part. Officer Estime stated Building has other permits they are reviewing as well, but her permit was approved on July 24, 2021. The City recommended that this fine be dismissed to $0.00 Ms. Zalman agreed with the recommendation. Decision Based on testimony and the City's request, Ms. Zalman dismissed the fine to $0.00. Fine Certification Hearing Case No. 20-2277 Alexander Burleigh Claudio B J Property Address: 220 SW 3rd Avenue Violation(s): LDR CH 2, ART 4, SEC 2A2 Obtain Building permit for shed installed on property Officer Estime presented this case. The Special Magistrate Hearing date was March 17, 2021, and the Respondent did not appear. A compliance date was set for May 29, 2021, and a fine in the amount of$25 per day plus administrative fees of$384.12. The property was inspected on September 14, 2021, and the violation still exists. There are 109 days Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 of non-compliance at $25 per day plus $384.12 administrative fees, for a total $3,109.12. The City recommended extending the case for 30 days. Alexander Burleigh Claudio BJ, owner, was present. There was no discussion. Decision Based on the City's request, Ms. Zalman extended the case for 30 days. Fine Certification Hearing Case No. 21-1033 Crossings Master Assn Inc Property Address: 36 Crossings Circle, Unit G Violation(s): As noted in the Notice of Violation Officer Weixler presented the case. The Special Magistrate hearing date was on June 16, 2021, and the Respondent did not appear. A compliance date was set for July 2, 2021, or a fine of $150 per day plus administrative fees. The property was inspected yesterday, and the violation still exists. There are 76 days of non-compliance and the fine continues to accrue at $150 per day. As of this date, the fine is $11,400 plus administrative fees of$384.12, for a total of$11,784.12. Mark Reed, representative of the Crossings of Boynton Beach Condominium Association, Inc., property owner responsible for this situation, was present. Unfortunately, they had a laundry list of issues with the prior management company, including this as well as many other issues. Now that they are aware of this, steps are being taken with their new management company. Ms. Zalman advised that the fine is still accruing and once the violations are brought into compliance that can be dealt with at another time. Decision Based on testimony, Ms. Zalman certified the fine for $11,784.12, which includes administrative fees of$384.12, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 19-1665 Jean Pierre Ginette & Moutchy Property Address: 405 NE 25th Avenue Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Karageorge presented the case. The Special Magistrate Hearing was April 19, 2021, and the Respondent did not appear. A compliance date was set for June 1, 2021. The Respondent complied on August 1, 2021, and there are 60 days of non-compliance at $50 per day, for a total of $3,000 plus administrative fees of $384.12, for a total of $3,384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0056 Harper Kristin Property Address: 108 Harbors Way Decision Due to Officer Hart's request, Ms. Zalman removed this case for 30 days. Fine Certification Hearing Case No. 21-0136 FKH SFR PROPCO 8 HLD LP Property Address: 1622 NE 4t" Court Officer Karageorge presented the case. The Special Magistrate Hearing was June 16, 2021, and the Respondent did not appear. A compliance date was set for July 16, 2021. The property complied on September 9, 2021. There are 54 days of non-compliance at $50 per day, for a total of $2,700 plus administrative fees of $384.12, for a total of $3,084.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $3,084.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0162 Boynton Beach Hawks Inc Property Address: 260 N Palm Drive Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Karageorge presented the case. The Special Magistrate Hearing was June 16, 2021, and the Respondent did not appear. A compliance date was set for July 16, 2021. As of this date, the property is still not in compliance. There are 60 days of non- compliance at $50 per day, for a total of$3,000 plus administrative fees of$384.12, for a total of$3,384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0584 Young Lawrence & Rebecca Property Address: 218 NE 14th Avenue Officer Karageorge presented this case. The Special Magistrate Hearing was June 16, 2021, and the Respondent did not appear. A compliance date was set for July 16, 2021. The violation still exists and there are 60 days of non-compliance at $50 per day, for a total of$3,000 plus administrative fees of$384.12, for a total of$3,384.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees; the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 19-3539 Hypoluxo Holdings Group Inc Property Address: 2180 Hypoluxo Road Officer Hart presented the case. The Special Magistrate Hearing date was September 16, 2021. The compliance date was set for March 16, 2021, or a fine of $75 per day plus administrative fees. The property was last inspected on September 14, 2021, and the violation still exists. There are 183 days of non-compliance at $75 per day. As of this date the fine is $13,725 plus administrative fees of$384.12, for a total of$14,109.12. Ms. Zalman agreed with the City's recommendation. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Decision Based on evidence, Ms. Zalman certified the fine of $14,109.12, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 20-1409 Wilson James B Jr & Michael Property Address: 1224 Isle Court Officer Hart presented the case. The Special Magistrate hearing was April 21, 2021, and the Respondent did not appear. A compliance date was set for May 21, 2021, with a proposed fine of $50 per day plus administrative fees. The property was last inspected on September 14, 2021, and one of the violations still exist. There are 117 days of non- compliance and the fine continues to accrue at $50 per day. As of this date, the fine is $5,850 plus administrative fees in the amount of $384.12, for a total of $6,234.12. Most of the violations have been taken care of, but the entirety of the property is not finished being repaired and painted. Michael Wilson, owner, was present. Mr. Wilson explained that he has been trying to take care of his 94-year-old father during the pandemic and their health concerns. His business, event photography, has fallen apart since early last year. He submitted a few photos. The home was primed on May 11 and 12, 2021; painted on May 13 through May 15, 2021; and the last photo is as it stands the past couple days. There is a section near the front door that needs some fascia work underneath; the trim has been painted, but not underneath. Ms. Zalman recommended this be brought into compliance and closed out and then Mr. Wilson could apply for a lien modification hearing where he would show the property in compliance, and he would know the total fine at that time. It was suggested a timeline be presented when everything was done as well as costs and hardships. She would like to know when each step was finalized. The City's recommendation was not to satisfy the fine today and give the Respondent time to finish the fascia board since 90% of the work is done. Mr. Wilson thought the work could be done within the next 30 days. He mentioned the driveway and stated since his parents purchased the property in 1972, the court has been repaved several times, but never graded, just layer upon layer. Since a storm sewage line was installed, the water flows into his driveway and not into the storm drain next door. He stated he pressure cleans the driveway every few months, but the problem is that the court is deteriorating and every time it rains, he gets about a foot or two of roadway. He can clean it, but he cannot push the water. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman suggested continuing the case to the November 2021 hearing. Officer Hart indicated that Officer Guim had a note that said the driveway had been pressure cleaned and water does stand there. This was not brought up because that is something he would not like to pursue because it is going to be an ongoing issue. Ms. Zalman commented that they might want to mention paving to the City. Mr. Wilson also mentioned a canal that wraps around the backyard and trees, brush, etc. The trees were cut quite a bit in August and September last year and he questioned if they needed trimming again. Officer Hart replied that the trees did not need trimming as far as he was concerned. That is usually a South Florida Water Management, or a Lake Work drainage issue and they would send a notice if there was an issue. Decision Based on testimony, Ms. Zalman continued the case to the November hearing to the Respondent would have additional time to finish the fascia board since it is 90% complete. Fine Certification Hearing Case No. 21-0002 Santillo Keith R Property Address: 1690 Renaissance Commons Boulevard, Unit#23 Officer Hart presented the case. The Special Magistrate Hearing date was June 16, 2021, and the Respondent did not appear. A compliance date was set for July 16, 2021, or a fine of $25 per day plus administrative fees. The property was last inspected on September 14, 2021, and the violation still exists. There are 61 days of non-compliance at $25 per day. As of this date, the fine is $1,525 plus administrative fees of$384.12, for a total of$1,909.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine for $1,909.12 which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0154 Ojeda George Property Address: 1205 NW 10th Street Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Hart presented the case. The Special Magistrate Hearing was June 16, 2021, and the Respondent did not appear. A compliance date was set for July 16, 2021, or a fine of$25 per day. The property was last inspected on September 14, 2021, and the violation still exists. There are 61 days of non-compliance at $25 per day. As of this date, the fine is $1,525 plus administrative fees of$384.12, for a total $1,909.12. Ms. Zalman agreed with the City's recommendation. Decision As no one appeared, Ms. Zalman certified the fine for $1,909.12 which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0299 Lahens Nevert & Esperant Property Address: 1471 NW 3rd Street Violation(s): As noted in the Notice of Violation Officer Hart presented the case. The Special Magistrate hearing was April 21, 2021, and the Respondent did not appear. The compliance date was May 28, 2021, and a fine of $25 per day plus administrative fees. The property was last inspected on September 14, 2021, and the violation still exists. The property has been in non-compliance for 110 days and the fine continues to accrue at $25 per day. As of this date, the fine is $2,750 plus administrative fees in the amount of $384.12, for a total of $3,134.12. This was for a fence and mailbox, and the mailbox was removed by neighbors. Attorney Andrew Scolaro, representative, was present. Ms. Zalman commented that the fine is running at $25 per day and having someone live at the property should not prevent the violations from being taken care of. Mr. Scolaro advised it is not the cost of the violations, it is the safety concerns when going onto someone's property. The Respondent still owns the property even though it is in foreclosure and securing or taking things that might be his could cause a confrontation. He stated that property inspectors have gone to the property and seen the same issues as the City; they have also seen occupants in the property. Generally, when there are occupants, they try to stay away to avoid confrontation. Ms. Zalman mentioned even when occupants are at the property, the property owner has the right to do things and if the occupant is not contesting it, those violations could be brought into compliance, especially if repairs are outside. An Order will be entered in the amount of $3,134.12 and it continues to accrue at $25 per day. If the client makes the Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 property changes, they probably need to pull the proper permits and contact the City to make sure work is being done with permits. Mr. Scolaro stated permits would be an issue because the owner could pull the permit, but not a mortgage holder on the property. Decision Based on testimony, Ms. Zalman certified the fine of $3,134.12 including administrative fees; the fine of$25 per day continues to accrue until in compliance. Lien Reduction Hearing Case No. 15-1487 Harris Sam Jr Property Address: 1600 NW 1St Court Violation(s): As noted in the Notice of Violation Officer Pierre presented the case. The Notice of Violation date was May 19, 2015. The Code Compliance Hearing date was August 19, 2015, and the Respondent did not appear. A compliance date was set for August 29, 2015, or a fine of $100 per day. The property complied on February 5, 2016, and there are 159 days of non-compliance at $100 per day, for a total of$16,534 including administrative fees. Ricky Norfus, owner, was present. Ms. Zalman stated the violations were for four-inch house numbers, broken window in the carport, and Building Division issues, pending since 2015. Mr. Norfus stated he did not own the property at that time and when he inherited the property it was unsafe. Ms. Zalman advised the City is recommending 20% on this case. Mr. Norfus argued that he had nothing to do with those violations and if he had it would have been taken care of. When he took over the property, he took over everything his stepfather left behind, and he did not think he should be punished for that. Ms. Zalman recommended $1,157.39. Decision Based on testimony, Ms. Zalman reduced the lien to $1,157.39, which must be paid within 30 days, or it will revert to the original amount of$16,534 plus administrative fees. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Lien Reduction Hearing Case No. 15-1947 Charles Makenson Property Address: 152 SE 30th Avenue Violation(s): As noted in the Notice of Violation Officer Pierre presented the case. The Notice of Violation date was August 21, 2015. The Compliance Hearing date was on October 21, 2015, and the Respondent did not appear. A compliance date was set for October 31, 2015, or a fine of$100 per day. The property came into compliance on June 22, 2021, and there are 2,090 days of non- compliance at $100 per day, for a total of$209,000 including the administrative fee. Audit Eugene, proxy for the owner, was present. Ms. Zalman questioned if Mr. Eugene had a signed affidavit. Mr. Eugene stated it was submitted with the application. Ms. Zalman asked Mr. Eugene to explain the owner's argument to reduce the lien of $209,000. Mr. Eugene explained there seemed to be some confusion as to what needed to be done. In 2015, the Respondent was made aware of debris that needed to be removed in front of the property and after a refrigerator was removed, they thought the situation was resolved. They are currently in the process of selling the house and found out there was a lien, so Officer Pierre was contacted right away. The house is currently under contract for $350,000. Ms. Zalman questioned the payoff of the mortgage and if this was the Respondent's personal property or his Homestead. Mr. Eugene was not sure. He confirmed that this property was the Respondent's Homestead. The Respondent has a lot of debt including the mortgage and wants to offer $3,000 to resolve the issue. Photos of what the property used to look like were submitted. Ms. Zalman commented that the photos show the property was almost used for storage. She questioned how much was spent to bring the property into compliance. She asked why the Respondent was not present. Mr. Eugene stated the Respondent spent over $1,000 to get things to the dumpster and the City was nice enough to pick up some of the things. Some boards had to be removed and fascia repairs were needed. He noted that the Respondent was not present mostly due to a language barrier and because he has a lot going on. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman mentioned that Mr. Eugene had some details, but not everything, and he did not know how much was owed on the mortgage. She reminded the City that this was a Homestead property, not an investment property, and asked for a recommendation. The City recommended 10% of the lien. Ms. Zalman noted that 10% of the lien would be $20,900. She was taking into consideration the expenses to take off the percentage. If she met the Respondent and the City in the middle, the total would be about $13,442, which is less than 6.5% because she is including administrative costs. She stated that the fine must be paid within 90 days or it reverts to the original amount of$209,000. Mr. Eugene stated the Respondent would comply. He stated that the closing should have already happened, but they are going to attempt to have it by September 30, 2021. Ms. Zalman told Mr. Eugene to write the amount of$13,442 and contact the City because an email could be provided confirming the amount so the closing could go through even though they do not have the actual Order. Decision Based on testimony, Ms. Zalman reduced the lien to $13,442, which includes administrative fees. The fine must be paid within 90 days or it will revert to the original amount of$209,000. Lien Reduction Hearing Case No. 18-0131 McCabe Development LLC Property Address: 3025 N Federal Highway Violation(s): As noted in the Notice of Violation Officer Pierre presented the case. The Notice of Violation date was January 23, 2018. The compliance date was March 25, 2018, and the Respondent did not appear. A compliance date was set for April 10, 2018, or a fine of $50 per day. The property complied on September 15, 2021, and there are 1,250 days of non-compliance at $50 per day, for a total of$125,930.15 including administrative fees. Eric McCabe, owner, was present. Mr. McCabe explained that he had no idea about the fine and as soon as he learned about it, he contacted the City and has been working on the property since. Originally, they purchased the property and were going to try to jointly build a building together with the vet next door, but the property is so non-conforming and difficult because the rear is 50 feet wide, so there were problems trying to make it work. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman questioned if the Respondent was the owner when the violations occurred. Mr. McCabe stated he was the owner, but they honestly did not know the fines were running. He rented the property to McCabe Brothers Construction as a storage yard, so all their construction materials would go to that yard. The building up front was built in 1943, which was anticipated to be torn down, but that was not done. They threw away thousands of dollars of roofing materials, other materials, and gateway trailers. They had five nonstop people working immediately clearing and cleaning the property and replacing fascia board on the building. They decided to try to turn the old building in front into a juice bar and there will be parking in the rear. They are keeping the property; they are no longer renting to McCabe Brothers for storage because that cannot be done; the property will be a juice bar. He requested the fine be as little as possible so he could put the money into the property. He spent over $10,000 in the last couple weeks with all the cleaning and labor. Additional money will be spent because the property will be done differently. Once he was aware of the fines, he stopped jobs and put people at that location including a few additional laborers and he was personally there removing things. It was a 100% priority and other jobs were stopped. Officer Pierre stated the property has been an issue for a long time and the owner did the best he could to bring the property into compliance. He would like to stay with 15% of the lien. Ms. Zalman advised that the City is recommending 15% of the lien. The question is why the Respondent did not get the Notices. Whatever that reason was must be taken care of for the future and make sure the address on the Property Appraiser site is one where you always get Notices. Ms. Zalman indicated that 15% of the lien is $18,889.52. If she further reduces the amount considering the $10,000 of labor and time spent, that is $177389.53. Mr. McCabe questioned if that amount could be reduced to 5%. Ms. Zalman stated if she met the City and the Respondent in the middle the fine would be $13,911. She would like to take into further account that you are staying there and putting more money into the property. Her inclination was to reduce the lien to$12,093.02 and if she based it on a lower amount, it would be $11,593.02. Decision Based on testimony, Ms. Zalman reduced the lien to $11,593.02, payable within 30 days or the fine will revert to the original amount of$125,930.15. Lien Reduction Hearing Case No. 19-1668 Norfus Ricky Property Address: 1600 NW 1St Court Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Violation(s): As noted in the Notice of Violation Officer Pierre presented the case. The Notice of Violation date was June 17, 2019. The Compliance Hearing was September 16, 2020, and the Respondent did not appear. A compliance date was set for October 16, 2020, or a fine of$50 per day. The Respondent complied on September 9, 2021, and there are 327 days of non-compliance at $50 per day, for a total of$16,350 plus administrative fees. Ricky Norfus, owner, was present. Ms. Zalman questioned what the Respondent was hoping would happen at this hearing and asked if this was his Homestead or if he was living at the property. Mr. Norfus advised he has not lived at the property, which he inherited from his stepfather, Sam Harris. He stated there were already liens on the property when he took it over around May 2019. The property was cleaned and quarantined, and the City came back about six or seven months later and said he needed a permit for everything, when all he did was clean. He had to get permits and went through two contractors when there was no construction, only cleaning. Ms. Zalman asked if there is a tenant at the property. Mr. Norfus stated he just paid $4,500 to turn on the water. He has been spending money on the house and has not been able to live in it. He noted that an air conditioning unit was installed. He commented that he wants to live in the home. Ms. Zalman asked how much money has been spent on the property. Mr. Norfus replied at least over $50,000. Everything was painted, yard work was done, and cleaning the inside of the house after someone passed away. He is working with the bank because with the pandemic and everything, he missed a couple payments and the house went into foreclosure, and they are trying to work it out. Officer Pierre commented that the Respondent's statement is not accurate regarding work without permits. A lot of work was done without permits and now he has the permits. The City is recommending 20% of the lien. Ms. Zalman advised that the City is asking for 20%, which is $3,270 plus costs. She questioned if Mr. Norfus had a counter to that. Mr. Norfus stated he did not want to fight; he spent a lot of money with the City. He would like Officer Pierre to come to the property and see new construction from existing construction. Everything on the blueprint is redoing things, nothing new. He stated he would pay for it. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Ms. Zalman stated she was going to further reduce the fine, taking into consideration fees and costs, and because it is also going to be a Homestead, to $2,000.12. Decision Based on testimony, Ms. Zalman reduced the lien to $2,000.12, payable within 30 days or the fine will revert to the original amount of$16,350 plus administrative fees. Lien Reduction Hearing Case No. 19-1911 104 NW 5t" Avenue Land Trust Property Address: 104 NW 5t" Avenue Violation(s): As noted in the Notice of Violation Secure property Officer Pierre presented the case. The Notice of Violation date was June 26, 2019. The Code Compliance Hearing was September 18, 2019, and the Respondent did not appear. A compliance date was set for October 4, 2019, or a fine of $500 per day. The property complied on February 18, 2020, and there are 136 days of non-compliance at $500 per day, for a total of$68,634.12. Aerial Cencherla, owner, was present. Mr. Cencheria explained that he purchased the property at a City auction on January 14, 2021, and he did not know anything about this lien. The broker who sold him the property told him he was covered for the debt on the property and one check was sent for$34,000. Officer Pierre explained that the Respondent purchased the property on a sales site. The City has $34,000 on that sale. They tried to give a lien reduction so he would have a clear title. Mr. Cencheria did not create the violation, but he bought the property like that. Ms. Zalman questioned if this was Mr. Cencheria's property to live in. Mr. Cencheria stated that he needs to build a new home; this is land. He paid $55,000 for the land and the City has $34,000 of this money. He wants to build a single family home to live in, but he is stuck because the bank will not give him a loan. Denise Gonzalez, Respondent's real estate agent, was present. She stated that Mr. Cencheria was able to obtain a Quit Title. Mr. Cencheria advised that he cleaned all the broken glass on the lot when he took out three or four pounds for trash and he maintained the lot every two weeks. He personally cut the grass yesterday. Officer Guim took photos of the land as it is now and when it was purchased. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 15, 2021 Officer Pierre indicated that since the City already received a chunk of money, they would be willing to go with 10%. Ms. Zalman stated that the City recommended 10%, which is $6,863.41. Mr. Cencheria stated he does not have any money; he needs a loan to build a house. After a lengthy discussion, Ms. Zalman reduced the lien to $2,000, which must be paid within 30 days or the fine will revert to the original amount of $68,634.12 plus administrative fees. Decision Based on testimony, Ms. Zalman reduced the lien to $2,000 payable within 30 days or the fine will revert to the original amount of$68,634.12 plus administrative fees. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:34 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 25