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Minutes 10-20-21 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, OCTOBER 20, 2021, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Tanya Guim, Administrative Supervisor Community Standards Dadena Francois, Community Standards Associate Lisa Tayar, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:06 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 Item Case No. Status 4 20-2407 Removed to December 6 21-1141 Removed to December 8 21-1890 Removed to December 9 21-1647 Complied 12 21-2351 Complied 16 21-1339 Complied 18 20-2990 Removed for 60 days 19 20-3249 Removed for 60 days 27 21-0756 Tabled for 60 days 29 21-0643 Removed 32 20-2181 Tabled for 30 days IV. NEW BUSINESS Case Hearing Case No. 21-0309 Molina Julio C Espinal Property Address: 344 SW 14th Avenue Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Type of Property: Single Family Non-Homesteaded Violation(s): LDR CH2 ART 4 SEC 282 Secure Building permit for newly installed fence around the property. Contact the Building Division at 561-742-6350 to apply. Officer Estime presented this case, which was a routine inspection. This is not a repeat violator. The initial inspection date was February 2, 2021, and Notice was issued March 1, 2021, with 14 days to comply. The Notice was posted on the property and City Hall on October 6, 2021. The property was last inspected October 19, 2021. This is not a health or safety hazard. The City recommends 30 days to comply, which is November 19, 2021, or a fine of$25 per day plus administrative fees in the amount of$384.12. Michelle Rivera, Respondent, was present and advised this is her primary residence. In response to Ms. Zalman, Ms. Rivera advised this is her primary residence. She believed the violation should be corrected by the end of November because she is leaving town for a funeral. The City did not have any objections to extending the compliance date to the end of November. Ms. Zalman mentioned a fine and administrative costs have accrued in the amount of$384.12, which would be entered today; however, a daily fine of$25 would not be entered unless there was no compliance by November 30, 2021. Decision Based on testimony, Ms. Zalman ordered the compliance date of November 30, 2021, 2021, or a fine in the amount of $25 per day. shall accrue. Administrative costs in the amount of$384.12 were ordered. Case Hearing Case No. 21-0751 Melendez Antonia & Daniel Property Address: 521 NE 2nd Street Type of Property: Multi-Family Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 inclusive LDR CH 2 ART 4 SEC 2A2 Apply for and pass inspection for a Certificate of Use and Occupancy and a Business Tax Receipt— must have both to rent. Contact: 561-742-6350 to resolve Please obtain a Building Department new wood fence that was installed. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Officer Hill presented this case, which was a routine inspection. The initial inspection date was March 24, 2021. This is not a repeat violator. Initial Notice was issued on March 24, 2021, and ten days were given to comply. Certified mail was sent August 25, 2021, and Notice was posted on the property and at City Hall on October 5, 2021. She spoke to the Respondent in April 2021 regarding the need for a rental license and a fence permit. The respondent applied for a fence permit, but he did not submit all the required documents for the permit to be processed. The property was last inspected on October 19, 2021. This is not a health and safety hazard. The City recommends November 19, 2021, for compliance or a fine of$25 per day, plus administrative fees in the amount of$384.12. Daniel Melendez, Respondent, was present. In response to Ms. Zalman, the Respondent stated he could bring this into compliance by November 19, 2021. Decision Based on testimony, Ms. Zalman ordered compliance by November 19, 2021, or a fine in the amount of$25 per day. Administrative fees of$384.12 have already accrued and an Order will be sent via mail with instructions for payment. Case Hearing Case No. 21-1694 Hold the Bridge LLC Property Address: 639 East Ocean Avenue, 406 Type of Property: Commercial Violation(s): No Business Tax Receipt Officer Hill presented this case. Certified mail was sent August 25, 2021, and Notice was posted on the property on October 5, 2021. This is not a health and safety hazard. The City recommends a compliance date of November 9, 2021, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance by November 9, 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 20-2407 Washington Debborrah D Property Address: 1950 NW 1St Street Officer Weixler requested this case be removed to the December Hearing. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Decision As per Officer Weixler's request, Ms. Zalman removed the case to the December Hearing. Case Hearing Case No. 20-2584 Kron Sandi Property Address: 2083 SW 13th Terrace Violation(s): LDR CH 2 ART 4 SEC 2A2 CO CH 15 SEC 120D Permit is required for the unpermitted interior renovation and there was a foul smell coming from the dumpster in the driveway. Officer Weixler presented this case, which was a citizen complaint. The initial inspection was on October 9, 2020. This is not a repeat violator. Initial Notice was issued on October 9, 2020, with 30 days to comply. Certified mail was sent on August 11, 2021, and a signed green card was received on August 16, 2021. The Respondents pulled a permit for the interior remodel, Permit#20-5554, but it was subsequently cancelled by the owner and a new application has not been submitted as of this date for the interior renovation. The property was last inspected this morning, and nothing was in the system for permitting. This is not a life safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of$50 per day, plus administrative fees of$384.12. It was mentioned that the Health Department was notified about the foul smell in the dumpster, but since they did not have a City dumpster, Public Works was notified. This was a hazard in the beginning but not anymore. Jason Dennis, the Respondent's son, was present with a notarized letter to attend the Hearing on behalf of his mother, the owner. In response to Ms. Zalman, Mr. Dennis stated they originally hired a licensed contractor to do the remodel, who filed for the permit. He was not the most honest, so they had to move on, and the contractor retracted the application for permit. It was difficult to hire a new contractor because the property was already in the middle of renovation with the violation, so no one wanted to touch it. He commented how helpful Officer Weixler has been in getting them through this. They have a new contractor, and he provided a letter from the Construction company and copies of scanned captured photos. In speaking with the contractor last night, he will be filing for permit in the next 48 hours. Ms. Zalman entered the letter from Piranha Construction as evidence. She questioned if a timeline was given and thought if they were applying within 48 hours a November 19, 2021, would be a fair date. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Mr. Dennis stated he would take whatever Ms. Zalman felt was feasible. He did not know how much time would be needed. Officer Weixler commented that he was willing to extend the compliance date for 60 days; he noted the Building Department is backed up, and the Respondent has proof. Ms. Zalman suggested a compliance date of December 20, 2021, to open and close the permit. She recommended staying in touch with Officer Weixler if he was close to the deadline. Officer Weixler advised once the Respondent applied to get the permit the case would be closed. He stated not to close the permit. Ms. Zalman indicated that administrative fees of$384.12 have accrued from the process, so he would receive an Order with instructions to pay. Mr. Dennis commented that he was worried about paying the application fee four times. Ms. Zalman stated she did not handle that and told him to let the Building Department know he was reapplying for the same process the other contractor closed. Officer Weixler mentioned there should be a transfer of contractor. Decision Based on testimony, Ms. Zalman ordered compliance by December 2021. Administrative fees of$384.12 have accrued and an Order would be sent with instructions for payment. Case Hearing Case No. 21-1141 Tovar Alexandra Herrera Property Address: 3167 Orange Street Officer Weixler requested this case be removed to the December Hearing. Decision Per Officer Weixler's request, Ms. Zalman removed this case to the December Hearing. Case Hearing Case No. 21-1561 Cranbrook Lake Ests Property Property Address: 2306 SW 23rd Cranbrook Drive Violation(s): As noted in the Notice of Violation Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Officer Weixler presented this case. This is not a health or safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of $50 per day, plus administrative fees in the amount of$384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance by November 19, 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-1890 TAH 20151 Borrower LLC Property Address: 618 W 3rd Avenue Officer Weixler requested this case be removed to the December Hearing. Decision As per Officer Weixler's request, Ms. Zalman removed this case to the December Hearing. Case Hearing Case No. 21-1647 Gabrielle C Dambro Property Address: 134 SE 31St Avenue This case complied prior to the Hearing. Case Hearing Case No. 21-1508 M K Daniel LLC Property Address: 2861 North Seacrest Boulevard Violation(s): As noted in the Notice of Violation Officer Karageorge presented this case. This is not a repeat violator or a health and safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Decision As no one was present to testify, Ms. Zalman ordered compliance by November 19, 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Case Hearing Case No. 21-1804 Beckett Lewis A & Juanita Property Address: 408 NW 16th Avenue Violation(s): As noted in the Notice of Violation Officer Karageorge presented this case. The City recommends a fine of $100 per day, plus administrative fees in the amount of$384.12. The violation has been removed and he has tried repeatedly to contact the Respondent by telephone and in person, but there is never any response. Decision As no one was present to testify, Ms. Zalman ordered a fine in the amount of $100 per day, with the understanding there would be a second and third violation with the amounts due as well as administrative fees of$384.12. Case Hearing Case No. 21-2351 Paul Alain Property Address: 115 South Atlantic Drive West This case complied prior to the Hearing. Case Hearing Case No. 20-1706 Saint Felix Carline Property Address: 2930 SE 2nd Street Type of Property: Multi-Family Violation(s): As noted in the Notice of Violation Officer Daniels presented this case, which was a routine inspection. Notice was posted on the property and City Hall on November 5, 2021, with 15 days to comply. The property was last inspected on October 20, 2021. This is not a health and safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of $50 per day, plus administrative fees in the amount of$384.12. In response to Ms. Zalman, Officer Daniels stated there is still an inoperable vehicle on the property and she would like an Abatement Order as well. Ms. Zalman indicated that since there will be an Abatement Order, she would make the compliance date November 30, 2021. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Decision As no one was present to testify, Ms. Zalman ordered compliance by November 30, 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12, with an Order of Abatement. Case Hearing Case No. 20-2675 ESYL LLC Property Address: 218 Meadows Circle Violation(s): CO CH 13 SEC 13-7D Certificate of Use and Occupancy CO CH 13 SEC 13-16 Business without Tax Receipt Residential property owner must have both 13-7 and 13- 16. Please call Building Department at 561-742-6350 to resolve. Officer Daniels presented this case, which was a citizen's complaint. The initial inspection date was January 6, 2021, and the original Notice date was issued on January 8, 2021, with 15 days to comply. Certified mail was sent August 23, 2021. When the Respondent was originally cited, there were some issues with her applying for the Business Tax Receipt, but finally, the Building Department received her application, and it was processed. Upon inspecting the unit there were issues including a water leak in the AC closet and an inoperable smoke detector. The Respondent was notified through writing and correspondence was not received until she received the Notice of Hearing. The property was last inspected on October 19, 2021. This is not a health and safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of$50 per day, plus administrative fees of$384.12. Ms. Zalman questioned if this was not a hazard because of the smoke detector and if this was an occupied rental. Officer Daniels stated a smoke detector was missing in one of the bedrooms. The Statute states there needs to be one in the hallway and one in each bedroom. Because there are multiple bedrooms, she believed if something happened one of the other smoke detectors would go off. She confirmed this was an occupied rental. Melalie Hyler, property manager, was present. Ms. Zalman commented that Ms. Hyler was not an authorized owner and questioned if she had a signed affidavit allowing her to appear at this Hearing. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Ms. Hyler replied that she had the case, but not an affidavit. Ms. Zalman explained the only person who could be present was the owner, and if not, a signed affidavit permitting someone else to attend on their behalf, would be required. Since there was no affidavit, Ms. Hyler could not speak during this Hearing, but could listen to the Order entered. The recommendation was to comply by November 19, 2021, or a fine in the amount of $50 per day shall accrue. As of this date, administrative fees of $384.12 have accrued and will be entered today. She strongly advised Ms. Hyler to advise the owner that she was concerned about the smoke detector issue since there are tenants living there. Decision As no one was present to testify, Ms. Zalman ordered compliance by November 19, 2021, or a fine in the amount of$50 per day. Ad ministrative fees of$384.12 were ordered. Case Hearing Case No. 21-1233 Derilus Medache & Marie Property Address: 223 SE 26th Avenue Type of Property: Single Family — Homesteaded Violation(s): LDR CH 2 ART 4 SEC 2A Description: Building permit applicability Please apply for and obtain a Building permit for the addition in the rear of the property. Contact Building Department at 561-742-6350 to resolve. Officer Daniels presented this case, which was a citizen's complaint. The initial inspection date was May 17, 2021, and the original Notice date was July 12, 2021, with 15 days to comply. Notice was posted on the property and City Hall on October 5, 2021. The property was last inspected on October 19, 2021. This is not a health and safety hazard. The City recommends a compliance date of November 19, 2021, or a fine of$50 per day, plus administrative fees in the amount of $384.12. It was noted that a Building permit was received for this property for the addition, but it has since expired. The Respondents continue to do work on the property with an expired permit, which is not allowed. Contact has been made with the Respondents and they said they would come in to reinstate the permit, but never did. Medache Derilus, Respondent, was present. Ms. Zalman questioned when the Respondent was going to apply for a reinstatement of the permit. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 John Morales, General Contractor, stated that the Respondent reached out to him to make the corrections as required. Two outside exterior walls were built, so they hired England and Henriques Engineering to inspect the walls. He believed the permit they had was to do the work, but they will verify the scope and see if it could be added with a new design. He thought the permit could be received within the next 30 days and noted this would be an as-built plan. Ms. Zalman quested if Officer Daniels had a concern with extending this to December 19, 2021, since it appeared to be inactive. Officer Daniels did not have any concerns if they have something from the Engineer, but if not, the $50 fine needs to begin on November 19, 2021. She asked if Mr. Morales was saying he would have an executed Building permit in his hands by December 19, 2021. Mr. Morales stated the probabilities are that hey will have submitted by mid-November, but whether they would have comments or permits is a matter of how the Building Department operates. The plans would be submitted by December 19, 2021, including the application and new design for storage. Ms. Zalman advised this must be brought into compliance, not just submitted. It needs to be submitted well before December 19, 2021, so it is approved. The Respondent indicated that he had a permit to work on his house and installed a new door. He did everything through the City and is waiting for the permit. Ms. Zalman extended the compliance date to December 19, 2021, and if not in compliance by that time there would be a fine in the amount of $50 per day. She recommended staying in touch with the City on the progress. Decision Based on testimony, Ms. Zalman ordered a compliance date of December 19, 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-1339 Azaan Energy LLC Property Address: 111 East Woolbright Road This item complied prior to the Hearing. Case Hearing Case No. 20-2872 Crossings Master Assn Inc Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Property Address: 36 Crossings Circle Type of Property: Multi-Family Violation(s): LDR CH 2 ART 4 SEC 2A2 Please repair roof at 17 H Crossing Circle. Permits may be required; Contact 561-74-6352. Officer Hart presented this case, which was a citizen's complaint. The initial inspection date was November 17, 2021. Initial Notice was issued on November 20, 2020, with 30 days to comply. A Notice was posted on the property and at City Hall on October 5, 20217 which was signed by the Property Manager. The Property Manager is going to pass the information on to the insurance company. The property was last inspected on October 197 2021. The City recommends a compliance date of November 19, 2021, or a fine of $50 per day, plus administrative fees in the amount of$384.12. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 197 2021, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 20-2990 Dwork Jonathan M Est Property Address: 154 Orange Drive The City understood this case would be removed for 60 days. Decision As per the City, Ms. Zalman removed this case for 60 days. Case Hearing Case No. 20-3249 Cortez Lionel III & Roussert V Property Address: 32 Heather Cove Drive Officer Hart presented this case. The Respondent left but applied for the permits this morning. He requested removing the case for 60 days pending reinspection. Decision As no one was present to testify, Ms. Zalman removed this case for 60 days pending reinspection. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Case Hearing Case No. 21-0212 Fontus Martine & Wancy A & J Property Address: 808 NW 7t" Street Type of Property: Single Family - Homesteaded Violation(s): LDR CH 2, ART 4, SEC 2A2 Please obtain permits for the fence installed with a permit. Contact 561-742-6350 to resolve. Officer Hart presented this case. The initial Notice was issued on January 29, 2021, with 30 days to comply. Notice was posted on the property and at City Hall on October 5, 2021. This property failed Plan Check on March 30, 2021, and further action has not been taken. Attempts have been made to contact the property owner. The City recommends a compliance date of November 19, 2021, or a fine of $25 per day, plus administrative fees in the amount of$384.12. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 19, 2021, or a fine in the amount of$25 per day, plus administrative fees of$384.12. 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 15-120D1 D LDR CH 3 ART 4 SEC 3-C Please cease all auto repair on the property, which is zoned R1-A, Residential. Remove all outside storage, trash, debris, and auto parts. Sod all bare areas of front yard where grass is visible from the City street. Officer Hart presented this case, which was a citizen's complaint. The initial inspection was April 7, 2021. Initial written Notice was issued on April 9, 2021, giving 21 days to comply. Notice was placed at the property and at City Hall on October 5, 2021. The outside trash as well as the auto parts have complied. The property was last inspected on October 19, 2021. The City recommends a compliance date of November 19, 2021, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Michele Pravata, Respondent, was present. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 The Respondent stated the car was removed and they are working on the swale. She used her last $20 yesterday to get ten pieces of sod and will keep trying to get the sod. She does not have a job and is trying the best she can. Ms. Zalman questioned if there was any economic plan that could assist with sod. The City advised they would get the Respondent in touch with Community Improvement. He emphasized that he was not comfortable approaching the property because of the Respondent's boyfriend who threatens him every time he goes there, so, the Respondent would need to meet him at the City. Decision Based on testimony, Ms. Zalman ordered the compliance date of December 15, 2021, to allow the Respondent to participate in the Community Improvement Program. Administrative fees would not be entered on this date because of the hardship, but if this is not in compliance by December 15, 2021, a fine in the amount of $25 per day shall accrue. Case Hearing Case No. 21-1513 Brittany Aikens Property Address: 16 Dogwood Circle Type of Property: Single Family — Homesteaded Violation(s): CO CH 10 SEC 10-52 Vehicle violations; white Honda Civic Contrary to City Code, vehicle is inoperable. Current tag must be on vehicle at all times. Officer Hart presented this case, which was a citizen's complaint. The initial inspection date was June 21, 2021, and the original Notice was issued on June 22, 2021, with ten days to comply. Notice was posted on the property and City Hall on October 5, 2021. As of yesterday, the vehicle was still on the property and is in noncompliance. The City recommended a compliance date of November 19, 2021, or a fine of $25 per day, or ABATE by towing, plus administrative fees in the amount of$384.12. Brittany Aikens, Respondent, was present. Ms. Zalman questioned if the vehicle could be removed by November 19, 2021. The respondent advised this was her previous employer's vehicle; it is a company vehicle they no longer needed, so they gave it to her. She does not need the vehicle but was trying to give it to her grandmother. Upon contacting Honda, they told her that the vehicle was still leased by the previous organization, but the lease was completely paid off and Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 they are working to get the lease sent to the previous owner. She was already in contact with her previous employer and was told they would sign the vehicle over to her; they are trying to get the paperwork to get this done. Ms. Zalman commented that if it gets close to November 19, 2021, the vehicle would have to be moved somewhere else; otherwise, there would be a fine of $25 per day or the vehicle would be towed. It was noted that the City is not obligated to tow the vehicle by November 19, 2021, or to pick a certain date, so $25 would continue to accrue per day. As of this date, administrative fees in the amount of$384.12 have already accrued, which would be ordered today. The respondent mentioned she was going to contact her insurance company to see if she could insure the vehicle and get an updated registration. Ms. Zalman advised if the tags were updated and current, there would not be an issue. Decision Based on testimony, Ms. Zalman ordered a compliance date of November 19, 2021, or a fine in the amount of $25 per day. Administrative fees in the amount of $384.12 were ordered. Case Hearing Case No. 21-1871 Po Ying Sems Trust & Sem Po Yi Property Address: 1202 NW 7t" Court Type of Property: Single Family — Non-Homesteaded Violation(s): CO CH 15 SEC 15-2120-D1E LDR CH4 ART 2 SEC 4A13 Mow all overgrowth and remove trash, debris, and dead tree stump. Officer Hart presented this case, which was a citizen's complaint. The initial inspection date was July 14, 2021, and written Notice was given on July 19, 2021, with 15 days to comply. A Notice of Violation was sent Certified mail was on September 7, 2021, and a signed green card was received September 16, 2021. The property was mowed once in that timeframe, but as of this date the stump is still there, and the property is overgrown again. The property was last inspected on October 19, 2021, and the violations still exist. The City recommends a compliance date of November 19, 2021, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Po Yi Sem, Respondent, was present. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Ms. Zalman mentioned the dead tree stump that needs to be removed and noted that the grass needs to be mowed. Ms. Sem stated she could have that done this week. Ms. Zalman advised that administrative costs of $384.12 have accrued, which would be entered today. If not in compliance by November 19, 2021, a fine in the amount of $50 per day would accrue. Decision Based on testimony, Ms. Zalman ordered a compliance date of November 19, 2021, or a fine in the amount of$50 per day. Administrative fees of$384.12 were ordered. Case Hearing Case No. 21-2242 Sem Po Ying Trust Property Address: 140 NW 14th Avenue Type of Property: Single Family — Non-Homesteaded Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permits for work being performed without permits. Contact Building Department at 561-742-6350 Officer Hart presented this case, which was a routine inspection. The initial inspection date was August 16, 2021. This is a repeat violator. Written Notice was issued on August 19, 2021, and ten days were given to comply. Notice was sent via Certified mail on September 2, 2021, and a signed green card was received on September 10, 2021. As of this date, permits have not been applied for and the work has been completed. The property was last inspected on October 19, 2021. The City recommends a compliance date of November 19, 2021, or a fine of $500 per day, plus administrative fees in the amount of$384.12. Po Ying Sem, Respondent, was present. Ms. Zalman indicated the work has been done and no permits were pulled or applied for. The contractor needed to apply for permits with the City to do this type of work. Ms. Sem commented she did not know that; she just rents the property and provided a paper as proof. Officer Hart indicated the wall was knocked out and put back, and now the property is occupied. He noted the paper provided was a rental application, not an application for a Building permit. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Ms. Sem stated that the man did not pay the mortgage for more than five years, so she took the house back through foreclosure. Officer Hart stated that according to Property Records, the Respondent took over the property in what looked like May 2021 and pictures were taken in August 2021. The hole in the wall was patched after August 2021, so the work was done under her ownership. Ms. Zalman told the Respondent to work with the City and get a permit. She commented that she was tabling this case for 30 days based on the evidence that there was knowledge of work done. The City advised they were not going to table this case because the Respondent is a problem and always does work without permits; all her properties are a problem in the City. Ms. Zalman told the Respondent that she needs to work with a licensed contractor for every property and before any changes are made they need to check with the City. The respondent advised she would apply for a permit today. The City advised she could not apply for a permit; it is a rental property; it is a business, so she must hire a contractor to apply for a permit. This is not a primary residence. Decision Based on testimony, Ms. Zalman ordered a compliance date of November 30, 2021, or a fine in the amount of$500 per day. Administrative fees of$384.12 were ordered. 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 Please obtain permits for the shed installed on the 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, 20217 or a fine of$25 per day, plus administrative fees in the amount of$384.12. The property was last inspected on October 14, 2021, and it has complied. There are 138 days of noncompliance at $25 per day, which is $3,450 plus administrative fees for a total of $3,834.12. Alexander Burleigh, Jr., and Claudio Burleigh, Sr., respondents were present. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Ms. Zalman mentioned the issue has complied, but a fine of$3,834.12 has accrued. Mr. Burleigh, Sr. explained noncompliance was due to the pandemic and because there was a miscommunication involving a change of date. Once it was brought to their attention they complied within the given time and were asking for forgiveness regarding the fees. Mr. Burleigh, Jr. commented that they paid an expedited fee of $400 to get the permit issued. The City advised that since the property was in compliance, they could charge administrative fees and waive the rest. Decision Based on testimony, Ms. Zalman reduced the fine to administrative fees of $384.12 and waived the rest of the fees as recommended by the City. Fine Certification Hearing Case No. 20-3114 TAH 2017 2 Borrower LLC Property Address: 121 SW 7t" Avenue Officer Estime presented this case. The Special Magistrate Hearing was on April 21, 2021, but the Respondent did not appear. A compliance date was set for May 21, 2021, or a fine in the amount of$50 per day, plus administrative fees in the amount of$384.12. The property was last inspected on October 20, 2021, and the violation still exists. There are 153 days of noncompliance at $50 per day, for a total of $7,650, plus administrative fees of $384.12, for a grand total of $8,034.12. The property was posted and there has been no contact with the Respondent. Decision As no one was present to testify, Ms. Zalman certified the fine in the amount of$8,034.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-0756 Florida Investment & Trade LLC Property Address: 555 North Railroad Avenue The City understood this case was tabled for 60 days. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Decision As per the City's request, Ms. Zalman tabled this case for 60 days. Fine Certification Hearing Case No. 21-1095 Boynton Partners LLC Property Address: 180 SW 3rd Avenue Officer Moore presented this case. The Special Magistrate Hearing was on August 18, 2021, and the Respondent did not appear. A compliance date was given of September 2, 2021, or a fine of$25 per day plus a $100 administrative fee. As of yesterday, October 19, 2021, the violation still exists. There are a total of 47 days of noncompliance and the fine continues to accrue at $25 per day. As of this date, the fine is $1,175 plus the $100 administrative fee for a total of$1,275. In response to Ms. Zalman, Officer Moore stated there has been no contact with the Respondent. Decision As no one appeared, Ms. Zalman certified the fine for $1,275, which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 21-0643 Advnir@Banyan LLC Property Address: 1561 Stonehaven Drive This case was removed prior to the hearing. Fine Certification Hearing Case No. 21-0287 K C Z Housing Corp Property Address: 2210 SE 1St Street Officer Guillaume presented this case. The Special Magistrate Hearing was on June 16, 2021, but the Respondent did not appear. A compliance date was set for July 16, 2021, or a fine of $50 per day, plus administrative fees of $384.12. The property was last inspected on October 19, 2021, and the violation still exists. There are 93 days of noncompliance at $50 per day, plus administrative fees of $384.12, for a total of $5,034.12. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 Decision As no one appeared, Ms. Zalman certified the fine for $5,034.12 which includes administrative fees, and the fine continues to accrue daily until in compliance. Fine Certification Hearing Case No. 19-3276 Elan Fenel & Salomon Holdine Property Address: 83 Magnolia Circle Officer Hart presented this case. The Special Magistrate Hearing date was June 16, 2021, and the Respondent appeared. A compliance date was set for August 30, 2021, or a fine of$25 per day, plus a reduced administrative fee of$150. The property was last inspected on October 19, 2021, and the violations still exist. There are 51 days of noncompliance and the fine continues to accrue at $25 per day. As of this date, the fine is $1,275, plus the reduced administrative fee of$150, for a total of$1,425. Fenel Elan, Respondent, was present. Ms. Zalman stated the issue has not been resolved and questioned if the Respondent was currently working with the City to resolve this. The Respondent indicated that he visited the Building Department last Wednesday and was told they were waiting for Planning and Zoning. Ms. Zalman advised the fine is still accruing at $25 per day. The fine of$1,425.06 would be certified today and when the process is complete, the Respondent could apply for a lien reduction. Decision Based on testimony, Ms. Zalman certified the fine of $1,425.06 including administrative fees of$150; the fine of$25 per day continues to accrue until in compliance. Fine Certification Hearing Case No. 20-2181 Munoz Luis O Property Address: 2205 NE 4t" Court Violation(s): Please get a permit for paver stones placed on the north side of the property next to the carport. Officer Hart presented this case. The Special Magistrate Hearing was on March 17, 20217 and the Respondent did not appear. A compliance date was set for May 29, 2021, or a fine of$50 per day, plus administrative fees of$384.12. The property was last inspected Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 on October 19, 2021, and the violations still exist. There are 144 days of noncompliance and the fine continues to accrue at $50 per day. As of this date, the fine is $7,200, plus administrative fees in the amount of$384.12, for a total of$7,584.12. Luis Munoz, Respondent, was present. Ms. Zalman indicated that a daily fine was accruing at $50 per day and questioned the status. The Respondent stated he has almost completed the work required from FPL/Comcast except for the City of Boynton, who did not agree because there were pavers around the water meter. He has removed the pavers around the water meter, so everything seems to be up to date. Ms. Zalman mentioned the property was just inspected. Officer Hart advised he did not do a paver inspection, he looked to see if permits had been applied for or complied, which they have not. He did not know if that information has been turned into Planning and Zoning, but according to records, it did not look like they had. The Respondent indicated he did everything else; he got the zoning and the survey. He has been keeping up with all the emails, but it took a while because FP&L did not have an email, he had to fax and go in person on his day off. He provided the information he received about a week ago. He got all the information required and they all agreed except for the City of Boynton. James Munoz, the Respondent's father, was present. They received this Notice in October 2020 and were told if they applied for a permit everything would be all right. They applied for a permit in November 2020, and the City told them they were good to go and scheduled an inspection for November 30, 2020, which was written on one of the papers. They never heard from the City until March 2021, on the same day of the meeting. They were told there would be a fine of$50 per day for noncompliance. They have been trying to get this permit through the entire time and because of the pandemic the City was switching around and there was a lot going on. There was a lot of confusion and misinformation. Officer Hart commented that the Notice of Hearing was posted on the property on March 47 2021, which was 13 days prior to the Hearing. The Respondent stated received an envelope with his name, but the paper inside had a different case number. He indicated the City is saying no pavers should be installed around the water meter, but they were already there when he purchased the house. He only put pavers in the back. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 The City asked if the Respondent called the City and let them know the pavers were removed. The Respondent stated he sent an email to Officer Hart when he received the final easement agreement from FP&L. The City asked if this case could be tabled so the Respondent could get the information to the right person in the Planning and Zoning Department, so they could get the permit. According to the information, everything is approved. Ms. Zalman agreed to table the case for 30 days. Decision Based on testimony and the City's request, Ms. Zalman tabled the case for 30 days. Lien Reduction Hearing Case No. 15-1874 Jacques Daniel Property Address: 628 West Industrial Avenue Violation(s): As noted in the Notice of Violation Officer Pierre presented this case. The Notice of Violation was issued on August 12, 2015, and the Special Magistrate Hearing was on October 21, 2015, which the Respondent did not attend. A compliance date was set for October 31, 2015, or a fine of $100 per day. The Respondent complied on September 22, 2021. There are 2150 days of noncompliance at$100 per day fora total of$250,834.12, including administrative fees. Daniel Jacques, Respondent, was present. In response to Ms. Zalman, the Respondent stated he has been the owner of the property since 1990 or 1991. He owns the building next door; it was extra space he used to rent to a lawn maintenance company. That is when the letter from the City was received, but his brother signed for it, and he never saw it. He is selling the property to the person who is currently renting it and they are under contract. The closing was supposed to be two weeks ago and when they did the title search is when they found the lien. He is selling the building for $250,000. In response to Ms. Zalman, the Respondent offered to pay the City $17000. Ms. Zalman advised this is a large lien and a commercial property; sometimes reductions are 7% to 10%, which is in the range of $20,000. She asked if the Respondent had to spend anything to come to this Hearing to come into compliance. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 The Respondent stated he paid about $365. Officer Pierre indicated the City was asking for 15%. Ms. Zalman commented that is 15%, which is $32,375. The Respondent advised he is retired; this is part of his retirement. He still has to pay the government about 20% and asked if the fine could be reduced to $20,000. Ms. Zalman agreed with $20,000 and thought that was consistent with evidence that there is a hardship since the Respondent is on a fixed income and considering where the fine accrued from. An Order would be mailed in about two weeks, but since there is a closing and if information is needed prior to the closing, she told the Respondent to contact Tanya Guim. Ms. Guim indicated the fine could not be paid today. She could send a different letter saying he appeared at the Hearing today and that the lien was reduced to this amount. Normally, title companies will hold the money in escrow and as soon as another letter is sent, they would release the money and send it to the City. She requested the Respondent contact her to provide the necessary information. Decision Based on testimony, Ms. Zalman reduced the lien to $20,000. Lien Reduction Hearing Case No. 19-3707 50 Friends Fun Capital LLC Property Address: 1818 NE 5t" Street Violation(s): As noted in the Notice of Violation Officer Pierre presented this case. The Notice of Violation was issued on December 26, 2019, and the Special Magistrate Hearing was on January 20,2021, which the Respondent did not attend. A compliance date was set for February 10, 2021, or a fine of$50 per day. The Respondent complied on October 13, 2021. There are 244 days of noncompliance at$50 per day, for a total of$12,584.12, which includes the administrative fee. Brad Branosant, Respondent, and Manager, was present. In response to Ms. Zalman, the Respondent stated the property has never been rented and has been vacant since he purchased it; however, he continues to pay the mortgage and the Association. He is having a financial hardship and cannot continue paying the fees. When he applied for a permit prior to Covid, the City asked for Engineering papers Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 20, 2021 and when he went to Engineering, he paid them about $3,000 for papers, which he never received. He returned to Engineering and was told he had to pay an extra $3,000 to expedite. The cost to get the work done was about $35,000, which was all his savings. He currently owes the Association $11,000 and they filed a lawsuit. He is in the middle of a divorce and is moving, and he was down with Covid-19; he requested a possibility of forgiveness. Ms. Zalman advised that whatever lien is ordered today must be paid within 90 days or the fine would revert to the original amount of$12,584.12. Officer Pierre recommended 20% of the lien. Ms. Zalman commented that 20% was $2,516.82. The Respondent asked if they could do 10% since he must pay within 90 days. Ms. Zalman stated 10% was $1,258.41, which she found fair especially since this is a commercial property, and the intent is to make this his primary and Homestead. Decision Based on testimony, Ms. Zalman reduced the lien to $1,258.41, payable within 90 days or the fine would revert to the original amount of$12,584.12. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:59 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 23