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Minutes 12-15-21 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, DECEMBER 15, 2021, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Administrative Supervisor Community Standards Dadena Francois, Community Standards Associate Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:02 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 Administrative Supervisor Guim administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status 1 21-0776 Complied 2 21-1626 Removed 3 21-2131 Removed 4 21-2251 Complied 7 19-0986 Tabled 30 days 8 20-0612 Removed 9 21-1141 Removed 11 21-1890 Closed 12 21-2340 Complied 13 21-2341 Removed 14 21-2401 Removed 15 21-2405 Complied 17 21-2593 Tabled 30 days 20 21-0185 Complied 21 21-2189 Complied 22 21-2285 Closed 23 20-2858 Dismissed 25 20-1648 Tabled 60 days Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 34 20-2407 Complied 35 21-1533 Dismissed IV. NEW BUSINESS Case Hearing Case No. 21-0776 225 SW 91" Land Trust Thacker Property Address: 225 SW 9t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 21-1626 Helle Mark This case was removed prior to the Hearing. Case Hearing Case No. 21-2131 Long Joan Property Address: 325 West Ocean Avenue This case was removed prior to the Hearing. Case Hearing Case No. 21-2251 206 SW 51" Land Trust Property Address: 206 SW 5t" Land Trust This case complied prior to the Hearing. Case Hearing Case No. 21-1073 Schlesinger Lidor Property Address: 311 NW 2nd Street Violation(s): As stated in Notice of Violation Officer Hill presented this case. Certified mail was sent October 11, 2021, and a signed green card was dated October 25, 2021. This is not a health and safety hazard. The City recommends a compliance date of January 6, 2022, or a fine of $100 per day plus administrative fees in the amount of$384.12. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of January 6, 2022, or a fine in the amount of $100 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 21-2186 Seashore Industries Inc. Property Address: 518 NE 4t" Street Violation(s): As noted in the Notice of Violation Officer Hill presented the case. Certified mail was sent October 11, 2021, and a signed green card was dated October 18, 2021. This is not a health and safety hazard. The City is recommending a compliance date of January 6, 2022, or a fine of $25 per day plus administrative fees in the amount of$384.12. In response to Ms. Zalman, Officer Hill stated she did not need an ABATE Order. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of January 6, 2022, or a fine in the amount of $25 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 19-0986 Stewart Thomas & Eileen Property Address: 944 Sunset Road Steve Branich, representing Thomas Stewart, owner, who is elderly and had a medical appointment, was present. He requested this case be postponed to next month and Officer Weixler had no objection. Ms. Zalman indicated if the City does not object, she is fine with tabling the case for 30 days, to the next Hearing. Officer Weixler did not have an issue tabling the case for 30 days. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Decision Based on the request by Steve Branich, representing the Respondent, Ms. Zalman ordered this case be tabled for 30 days, to the next Hearing. Case Hearing Case No. 20-0612 Reynolds Ivonne Property Address: 301 NW 16th Court This case was removed prior to the Hearing. Case Hearing Case No. 21-1141 Tovar Alexandra Herrera Property Address: 3167 Orange Street Type of Property: Single-Family Homesteaded Violation(s): LDR CH 2 ART 4 SEC 2A2 LDR CH 15 SEC 15-121A LDR CH 15 SEC 15-121 D Permit required for sidewalk Irrigation system Rear roof structure visible from street Front porch roof support beam and columns Please remove all construction trash and debris Sod the front lawn Officer Weixler presented this case, which was a routine inspection. The initial inspection date and Notice was on May 4, 2021, with 15 days to comply. The property and City Hall were posted on December 2, 2021. The Respondent has a permit for the rotten columns and the roof structure in the front, so the roof support system has been complied. There are other permits for what appear to be solar panels on the roof and a fence installed around the property. The Respondent said he applied for other permits, but in checking, nothing was found, and a screen shot was taken for review. This is not a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of $50 per day plus administrative fees of$384.12. Alex Jaramillo, Respondent's husband, was present on behalf of the Respondent. He had copies of the permits applied for, but they were rejected. Ms. Zalman advised the copies could not be put into evidence because he is not the property owner. He can talk to Officer Weixler after the Hearing and give him an update. An Order will be sent via mail with a compliance date of January 20, 2022. Administrative fees of $384.12 have accrued as of this date. If not in compliance by January 20, 2022, Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 there will be a fine of$50 per day. If anything changes, this case will be recalled by Officer Weixler; otherwise, an Order will be sent. NOTE: This case was recalled. Officer Weixler advised that the Respondent provided evidence of a permit he applied for last week and he read the work description for the record, which said, "Roof, driveway, walkway, front door, windows, and roof overhang support columns", which covers everything. He requested to remove this case. Decision Based on testimony and evidence, Ms. Zalman removed this case. Case Hearing Case No. 21-1874 Martinez Kevin J Property Address: 1056 SW 27th Place Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of $50 per day plus administrative fees in the amount of$384.12. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of January 20, 2022, or a fine in the amount of $50 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 21-1890 TAH 20151 Borrower LLC Property Address: 618 SW 3rd Avenue This case was closed prior to the Hearing. Case Hearing Case No. 21-2340 Gold Marcia & Michael Property Address: 84 Northwoods Circle Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 This case complied prior to the Hearing. Case Hearing Case No. 21-2341 Yee Diane & Thomas Property Address: 15 Cambridge Drive This case was removed prior to the Hearing. Case Hearing Case No. 21-2401 Ouellette Edmund J Property Address: 2002 SW Golf Lane This case was removed prior to the Hearing. Case Hearing Case No. 21-2405 Ziegler Thomas & Dawn Property Address: 603 SW 15th Street This case complied prior to the Hearing. Case Hearing Case No. 21-2541 Wilson Beverley Property Address: 3095 North Seacrest Boulevard Type of Residence: Single-Family Non-Homesteaded Violation(s): CO CH 15 ART 1 Sec 15-8.5 Noise ordinance violations Officer Weixler presented this case, which was a citizen complaint. The initial inspection date was September 27, 2021. The respondent is not a repeat violator. The initial written Notice was issued on September 27, 2021, with 15 days to comply. Certified mail was sent on October 19, 2021, and a signed green card was received on October 27, 2021. There have been chronic calls to the Police Department regarding noise complaints at this residence. A sound meter reading was conducted, which exceeded the decibels. The property was last inspected on December 14, 2021. This is not a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of $100 per day plus administrative fees in the amount of$384.12. It was noted that a Police Officer who has responded to the residence many times would like to give her testimony. In response to Ms. Zalman, Officer Weixler stated if the respondents want to continue having gatherings at their residence, they must keep the sound level down. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Police Officer Strong indicated that between September 14, 2021, and December 7, 2021, Police have responded to the residence 18 times and generally there are three to ten people present. Part of the issue is where there are only there people outside, they still put an amplified speaker outside and play it facing towards the neighbors. This past Saturday, December 11, 2021, they had a large Christmas party with approximately 30 people, which also had music. In response to Ms. Zalman, Police Officer Strong believed reports are from the same person each time. Beverley Wilson, owner, was present. Ms. Zalman advised someone is complaining about the loud music and if this continues past the compliance date, there will be a fine of$100 per day. The Respondent argued that neighbors cannot hear the music outside. Her friends and family come for get togethers and they are told they are talking too loud. She commented that she pays taxes and cannot talk in her own backyard. Ms. Zalman did not think the issue was talking, it is a music amplifier. She asked if Police Officer Strong has heard the music when she was there and if there is evidence in the reports that there was loud music. Police Officer Strong replied sometimes she has heard music when she was there and other times the music was down or in the house. Every time is different; sometimes another Officer has responded and asked them to move inside, and then she will get a second call and the music is inside. There is evidence in the reports of loud music. Ms. Zalman stated loud music is not permitted in this community, it is beyond what the ordinance allows. Ricard Wilson, Jr. spoke regarding the music. Ms. Zalman reiterated there have been 18 calls regarding the loud music, not just one or two. An Order will be entered today with fees and costs that have incurred of $384.12, and if this occurs again after January 20, 2022, there will be a fine of$100 per day. The Respondent commented that sometimes she cannot hear the music and asked if they could play it inside their house. Ms. Zalman asked the Respondent if she has a hearing issue and the Respondent replied yes. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Officer Weixler stated the ordinance is 65 decibels, and when he took a meter reading for longer than ten minutes, most of the time it exceeded 65 decibels at the property line of the complainant's house. Ms. Zalman advised they can play music inside or very low outside. She suggested turning the speaker towards the house and not towards the neighbors or the street, so the music comes towards the house and not away. She wants to take into consideration the hearing issue and will reduce the fees and costs to $192.06 instead of $384.12 because she believes part of the issue is the hearing problem. Decision Based on testimony, Ms. Zalman ordered compliance by January 20, 2022, or a fine in the amount of$100 per day. She also ordered payment of fees and costs in the amount of $192.06 instead of $384.12 because she believes part of the issue is that the Respondent is hard of hearing. Case Hearing Case No. 21-2593 Cid Claudio Property Address: 3501 Old Dixie Highway Type of Property: Duplex Violation(s): LDR CH 2 ART 4 SEC 2A2 LDR CH 3 ART 5 SEC 8AB LDR CH 15 SEC 15-120D1A LDR CH 15 SEC 15-120D1 D LDR CH 10 SEC 10-52 LDR CH 10 SEC 10-56D LDR CH 10 SEC 10-56E LDR CH 10 SEC 10-56H LDR CH 10 SEC 10-60D Possible converted duplex to a triplex Unpermitted utility enclosure added to back of house Unpermitted water heater and electrical work Unpermitted installation of pavers around structure Unpermitted new bathroom in Unit 2 Water intrusion into Unit 2 of complex through front door threshold Leak in bathroom ceiling Missing smoke detectors in Unit 2 Insect instruction in Unit 2 Front door does not properly seal in Unit 2 Address number of property missing from building Inoperable vehicle and no tag on property Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Open electric in bedroom ceiling of Unit 2 Driveway in violation of Engineering standards for duplexes All parking spaces and driveways must have hard surface: asphalt or concrete Permit for driveway is required Asked Respondent to obtain all required Building permits for all unpermitted work performed on the property and to contact the Building Department Respondent was asked to put building number on house using no less than four-inch numbers visible from street Asked Respondent to remove outside storage, trash, and debris from property Respondent was advised that a current motor vehicle license tag had to be on all vehicles on the property or they must be removed Respondent was asked to repair all vehicles on the property Respondent was asked to make all necessary repairs and restore all rental requirements to Unit 2. Officer Weixler presented this case, which was a citizen's complaint. The initial inspection and written Notice was given on October 1, 2021, with 15 days to comply. The property and City Hall were posted on December 2, 2021. He and the Building Inspector met the Respondent, at which point the Respondent expressed that he had a partition wall on the back unit, making it a triplex. The Building Inspector explained that the door that was removed had to be put back into the partition wall to make it a duplex again. During inspection on December 14, 2021, the Respondent allowed entry into the unit, at which time he was able to verify that the door was put back into the partition wall, so the property is now back to a duplex. This was a possible life safety issue when it was a triplex because there were only two electrical meters and because there was no entry prior to that, he did not know if there were three kitchens. The Respondent got a permit for the pavers, removed the outdoor attached laundry-room, and said he was having a contractor come in to apply for a water heater permit as well as for the bathroom and other things of that nature. The City recommends a compliance date of January 20, 2022, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Alio Cid, brother, was present on behalf of his brother, Claudio Cid, owner. Ms. Zalman commented that it appears the property is being brought into compliance, but they are not quite there. The City is recommending a compliance date of January 20, 2022 and asked if that would be enough time. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Mr. Cid replied he did not think that would be enough time. They have made several applications for the water heater and everything else is being done including the bathroom. Permits were applied for on December 14, 2021, and everything else related to the building has been complied, but he has to put numbers on top of the building. Ms. Zalman asked if there are currently tenants in the building. Mr. Cid advised there are tenants in the building. He has to clean the lot that has several boat trailers and boats, which he put there during Covid when he lost his business. The biggest problem is the driveway and parking lot because it is gravel and has been gravel since 1957 when they were built. About 30 or 40 houses in the neighborhood have gravel and he had pictures. The road is not asphalt and they do not have a walkway or streetlights. Officer Weixler stated that he explained to Mr. Cid that other houses on his street are duplexes, most are single-family homes, which have different regulations. When Mr. Cid converted the duplex to a triplex, even though he did not pull a permit, it is an upgrade to the building. Anytime an upgrade is done, everything else must be brought up to code. The Planning and Zoning code is that there must be a parking lot and it needs to be a hard surface. Ms. Zalman questioned if there was an objection to giving Mr. Cid until February 20, 2022. Officer Weixler did not have any objection. Officer Pierre requested this case be tabled to next month; they need to investigate the driveway situation. Ms. Zalman advised she was going to table this case, so the City can look into the driveway issue. Mr. Cid reiterated he never converted the building to a triplex; the building was always a duplex. There were two electrical meters; one side is a two-bedroom, and the other side is a three or four-bedroom, and the same two gentlemen have been living there since 2019. There is a door in between, and the tenants asked if the door could be closed because one unit is very clean and the other unit has several snakes and rats, so he closed the door for them. Ms. Zalman questioned what triggered the fact that this would have to have an upgrade on the driveway. Officer Weixler stated Mr. Cid was doing upgrades to the building; he did the exterior laundry room. The Building Official said once the door was taken out and the partition was installed, it was considered a triplex. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Ms. Zalman clarified this case would be put on hold for a month. That would allow the respondent time to speak with the Building Department and allow the City time to further investigate the issue with the driveway. She is not entering an official Order at this time, but suggested Mr. Cid use this time to get the permits ready. Decision Based Officer Pierre's request, Ms. Zalman ordered this case be placed on hold for one month, 30 days, to the January hearing, to allow the City time to investigate the issue with the driveway. Case Hearing Case No. 21-2622 Chase Home Finance LLC Property Address: 1400 SW 28th Avenue, Unit 2C Violation(s): CO CH 13 SEC 13-7 CO CH 13 SEC 13-6 Apply for and obtain a Certificate of Use and a Business Tax Receipt Officer Weixler presented this case, which was a routine inspection. The initial inspection and written Notice was on October 6, 2021, with 15 days to comply. The property and City Hall were posted on December 2, 2021. He verified this is not a foreclosure and it is not a life safety hazard. The Respondent contacted him this morning and said he is the owner and has nothing to do with Chase Bank. He said his son was supposed to correct this with the Property Appraiser's Office and never did. He is going to send proof that he is the owner, and the property is not a rental. He requested this case be tabled. Warren Winsaft, owner, was present. In response to Ms. Zalman, the Respondent stated he purchased the property in 2004 and this is his Homestead. He has a roommate, but no tenants. He could not remember the original bank he purchased the property from in 2004. Ms. Zalman agreed with tabling this case, so proof could be provided to the City. Decision Based on Officer Weixler's request, Ms. Zalman ordered this case be tabled for 30 days, to the January Hearing, so proof of ownership could be provided to the City. Case Hearing Case No. 21-2648 CID, Claudio Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Property Address: 0 Sunset Road Type of Property: Vacant lot south of 3501 Old Dixie Highway on the west side of the road Violation(s): LDR CH 3 ART 4 SEC 3C Prohibited land use and zoning district Removal of boats, trailers, and storage from this vacant lot Nothing is allowed to be stored on vacant lots Officer Weixler presented this case, which was a routine inspection. The initial inspection and written Notice was issued on October 8, 2021, with 15 days to comply. The property and City Hall were posted on December 2, 2021. Mr. Cid stated he had property in Lake Worth, and it would be no problem moving all the boats and materials, but as of this date, it has not been done. This is not a life and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Alio Cid, brother, was present on behalf of his brother, Claudio Cid, owner. He stated this is the lot attached to the building where he parked the boats and trailers. Ms. Zalman stated there is no argument; storage cannot be there. She thinks the City gave a generous offer with a compliance date of January 20, 2022, probably because it is not hurricane season; otherwise, it would be immediate. As for costs to date, $384.12 has incurred with inspections, etc., which will be entered today. Hopefully, by January 20, 2022, this case will be resolved or there will be a daily charge in the amount of $50 per day. Mr. Cid requested more time and stated it is a lot of work to move everything. Ms. Zalman advised she could not push time. The property cannot be used for storage; it is only supposed to be for home and residents. Decision Based on testimony, Ms. Zalman ordered compliance by January 20, 2022, or a fine in the amount of$50 per day. She also ordered administrative fees of$384.12, which have already incurred. Case Hearing Case No. 21-0185 Lebert & Holly Dawes Property Address: 154 NE 16th Avenue Officer Karageorge indicated this case was in compliance prior to the Hearing. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Case Hearing Case No. 21-2189 Gross Maureen Property Address: 3200 East Atlantic Drive This case complied prior to the Hearing. Case Hearing Case No. 21-2285 The Platinum Organization Inc Property Address: 2730 North Seacrest Boulevard Officer Karageorge advised there was failure to communicate between the City and The Platinum Organization Inc. The Respondent did not receive Notice until they found the posting. He spoke with Brian Conco, the owner, and has proof that the property is vacant. He would like to close this case because the property is not being used as a rental property at this time. Ms. Zalman clarified the City is recommending this case be closed; there is no active tenant. She agreed with the recommendation. Decision As per Officer Karageorge's request, Ms. Zalman ordered this case be closed. The property is vacant and not being used as a rental property. Case Hearing Case No. 20-2858 Salazar Real Estate LLC Property Address: 10 SE 31St Avenue Type of Property: Single-Family Non-Homesteaded Officer Daniels presented this case. This case was presented before the Special Magistrate on August 20, 2021. She would like to dismiss this case because of a Board Order issued in error. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision Due to Officer Daniels' request, Ms. Zalman dismissed this case due to a Board Order issued in error. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Case Hearing Case No. 21-1325 Copeland R Diane Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family Violation(s): As noted in Notice of Violation Officer Daniels presented this case, which was a routine inspection. The initial inspection date was May 27, 2021, and the initial Notice was dated June 4, 2021, with ten days to comply. The property and City Hall were posted on December 1, 2021. This is not a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of$25 per day plus administrative fees in the amount of$384.12. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of January 20, 2022, or a fine in the amount of $25 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 20-1648 Persing William S Property Address: 1049 Coral Drive Type of Property: Single-Family Homesteaded Violation(s): CO CH 15 SEC 15-121 D CO CH 10 SEC 10-24A5 CO CH 10 SEC 10-56D CO CH 15 SEC 15-120D1 B Please install a minimum of four-inch house numbers on existing structure of the home to be visible from City street (This has complied) Remove plywood from front window If window is broken, repair or replace — permits may be required Repair or replace broken driveway — permits may be required Please contact 561-742-6350 to resolve Install sod to cover all barriers of the front yard Officer Hart presented this case, which was a citizen complaint. The initial inspection date was July 27, 2020, via courtesy Notice, with 30 days to comply. Notice was posted on Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 the property and City Hall on December 3, 2021. House numbers have been installed, there is still wood on some of the windows, and the driveway has not been corrected; it looks like a sinkhole underneath. He contacted Community Improvements, who in turn contacted Utilities. He thinks this was a small case prior; Utilities went out and there was no failure on the City's part that they are aware of. He has again contacted Community Improvements to bring paperwork to the Respondent for some grants, but in checking back, he has not filled out the papers. This is a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of $100 per day, plus administrative fees in the amount of$384.12. William Persing, owner, was present. Ms. Zalman indicated the biggest problem appears to be the driveway, perhaps a sinkhole or some other kind of defect. The Respondent stated the sewer for two houses is under the driveway and the City used his driveway as a loading dock when they did the swale in the front yard. He did not recall the driveway being like it is now until after the City ran the machine over the driveway. In response to Ms. Zalman, the Respondent advised he has not filled out the paperwork provided from the City because he no longer trusts the government. Ms. Zalman explained they are trying to work with him to get funding, so this can get repaired; this seems to be the best alternative. The Respondent commented that he installed the sewer himself in 1979. Ms. Zalman mentioned the wood on the side windows and asked if he was going to take care of that. The Respondent stated taking the wood down is not a problem, it is putting it back up. He has been injured several times. Ms. Zalman commented that taking the wood down from the windows is not a problem. She asked if the Respondent would consider filling out the grant paperwork because if not, he would have to repair the driveway because it cannot stay like that. The Respondent replied he would look it over. He stated there is a sinkhole underneath and it tapers down, which indicates it is going to the sewer line. The City ran a cable through the yards, under the driveway and sidewalk, and if they hit the sewer line, that could be the problem, so the Utility they allowed to run the cable would be responsible. Ms. Zalman indicated that so far, no one has taken responsibility. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 The Respondent advised the sewer from next door ties in from that side and it looks different; the clean out appears like it has been hit by a piece of equipment and it may have pulled it out of the tap all the way down underground. In response to Ms. Zalman, the Respondent indicated that he went through this with Officer Hart, who had someone come out when he was out of town for a week, but he was able to tell they were there. He has nothing to go on except for hearsay. Ms. Zalman questioned if the Respondent gets the grant paperwork if that would cover repair of the driveway. Officer Hart stated the grant would cover the driveway, the yard, and any window issues. He noted that the air does not work, and the grant could take care of that as well. Ms. Zalman suggested the Respondent work on the grant paperwork because that might resolve the whole case. She suggested he share the paperwork with someone he trusts to get a second opinion, but that seems to be the best option; otherwise, it is going to start costing money. The City is recommending this be brought into compliance by January 20, 2022. Officer Hart asked the Respondent to call him, so he could provide a number for Legal Aide. He would be happy to go over the paperwork with him and answer any questions. Officer Pierre sked if it was all right to give the Respondent a little more time. Officer Hart was fine with that. Ms. Zalman advised she was going to hold this case to give the Respondent additional time to review the paperwork and to work with Officer Hart to see if they can resolve the issue before incurring fees and costs. Decision As per Officer Pierre's request, Ms. Zalman ordered this case be tabled for 60 days, to the February Hearing. Case Hearing Case No. 20-3249 Cortez Lionel III & Rossert V Property Address: 32 Heather Cove Drive Type of Property: Single-Family Homesteaded Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permits for installation of fence without permits Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Officer Hart presented this case. The initial Notice was issued on December 30, 2021, by a Courtesy Notice with ten days to comply. Certified mail was sent on October 22, 2021, and a signed green card was dated October 26, 2021. Before the last Hearing in October, the Respondent applied for permits, but they did not turn in all the proper paperwork. The City recommends a compliance date of January 20, 2022, or a fine of $25 per day plus administrative fees in the amount of$384.12. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of January 20, 2022, or a fine in the amount of $25 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 21-1565 Pena Melba Property Address: 87 Cedar Lane Type of Property: Single-Family Homesteaded Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permits for aboveground pool and pool deck Contact Building Department at 561-742-6350 to resolve Officer Hart presented this case, which was a citizen complaint. The initial inspection date was June 24, 2021, and the initial Notice was issued on July 14, 2021, by Courtesy Notice, with 30 days to comply. Certified mail was sent October 5, 2021, and the signed green card was dated October 19, 2021. The last check of permits prior to yesterday failed Plan Check and the Respondent has since been resubmitted. The property was last inspected December 14, 2021. The City recommends a compliance date of January 20, 2022, or a fine of$25 per day, plus administrative fees in the amount of$384.12. Melba Pena, owner, was present. Ms. Zalman mentioned the City is recommending until January 20, 2022, to bring this into compliance and asked if this was enough time. The Respondent replied she hoped it would be enough time. She had issues uploading documents and had to get help. This was built last year, and she had no idea a pool permit was needed for an aboveground pool. She had electricity in the back, so they put it in right before the pandemic. She is complying and has been in touch with Officer Hart several times. She brought pictures to show Officer Hart and stated she has no issues complying. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Ms. Zalman stated she was going to order a compliance date of January 31, 2022, to give a couple extra weeks; otherwise, there will be a fine of $25 per day. She indicated fees and costs have incurred in the amount of$384.12, which will be in the Order. Decision Based on testimony, Ms. Zalman ordered compliance by January 31, 2022, or a fine in the amount of$25 per day. She also ordered administrative fees of$384.12, which have already incurred. Case Hearing Case No. 21-2367 Invermia LLC Property Address: 2 Crossings Circle, Unit G Type of Property: Single-Family Non-Homesteaded Violation(s): CO CH 13 SEC 13-7 CO CH 13 SEC 13-16 Please obtain a Business Tax Receipt for rental property and apply for and obtain a Certificate of Use and Occupancy Contact Building Department at 561-742-6350 to resolve Officer Hart presented this case, which was a citizen complaint. The initial inspection and written Notice were issued on September 1, 2021, with 15 days to comply. The property and City Hall were posted on December 2, 2021.The Business Tax Receipt and Certificate of Use have been applied for, but the payment has not been received, so inspections have not been conducted. The property was last inspected on December 14, 2021. The City recommends a compliance date of January 20, 2022, or a fine of$25 per day, plus administrative fees in the amount of$384.12. Jocelyn Ching, Property Manager, was present. In response to Ms. Zalman, Ms. Ching stated she has a form with permission to represent Invermia LLC, but she did not bring it with her. Ms. Zalman advised she could not allow Ms. Ching to speak because she is not an authorized agent, but she will state the Order so she could see it. It sounds like this is in progress; they are awaiting payment. The City is going to give the Respondent until January 20, 2022; otherwise, there will be a fine of $25 per day. It was noted that fees and costs have been pending since September in the amount of $384.12. An Order will be sent to the company. Decision Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Based on testimony, Ms. Zalman ordered compliance by January 20, 2021, or a fine in the amount of$25 per day. She also ordered administrative fees of$384.12, which have been pending since September. Case Hearing Case No. 21-2457 Po Ying Sem Trust & Sem Po Yi Property Address: 1202 NW 7t" Court Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permits for the remodel as stated in the Notice of Red Tag Contact Building Department at 561-742-6350 to resolve Officer Hart presented this case, which was a citizen complaint. The initial inspection date was September 15, 2021, and the initial written Notice was issued on September 20, 2021, with ten days to comply. This is a repeat violator. The property and City Hall were posted on December 2, 2021.The Respondent says she has applied for permits and showed a check, but she could not show proof and there is no proof in the system that anything has been applied for. This is a health and safety hazard. The City recommends a compliance date of January 20, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman requested Officer Hart go over the specific items that need to be done. Officer Hart indicated that per the Red Tag, there appears to be an ongoing demolition, because the Respondent tore out the drywall. It looked like some windows were getting ready to be installed, and like a door was removed and filled back in. Po Ying Sem, owner, was present. Ms. Zalman advised the Respondent that everything needs permits, and she needs to go to the Building Department to apply for permits for all the construction. The Respondent stated she paid the Contractor to apply for the permits, but they have not done so. She paid them and showed the check. Ms. Zalman indicated the Respondent would have to follow up with the person she paid. The City is giving her until January 20, 2022 to comply. In response to Ms. Zalman, the Respondent stated the checks are made out to Lane Clarence. Ms. Zalman saw the permit numbers in the memo, but she was not sure he did his job. The problem is that the checks are not written to the City, so the Respondent needs to Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 check with the Contractor to find out where her money went. The City does not have the payment yet. Officer Pierre stated Lane is not a Contractor, the Respondent is paying him to do the work, not to pull the permit. Lane is not a Contractor; he is a handyman and cannot pull a permit for the Respondent. The check shown is payment for work he has been doing. Ms. Zalman indicated the Respondent would follow up with the Property Manager, who could follow up with the Contractor. She cannot recommend a Contractor; she just oversees the City code. Officer Hart advised the Respondent to go to the Building Department when she leaves this Hearing; they have a list of contractors who are in good standing. Ms. Zalman indicated that fees and costs of $384.12 have already incurred. If not in compliance by January 20, 2022, there will be a fine of$100 per day. Decision Based on testimony, Ms. Zalman ordered compliance by January 20, 2022, or a fine in the amount of$100 per day. She also ordered administrative fees of$384.12, which have already incurred. Fine Certification Hearing Case No. 20-2971 Johnson Nahemai Z Property Address: 455 SW 2nd Avenue Officer Estime presented this case. The Special Magistrate Hearing date was September 157 2021, and no one appeared. A compliance date was set for October 11, 2021, or a fine of$50 per day plus administrative fees in the amount of$384.12. The property was last inspected on December 14, 2021, and the violation still exists. There are 66 days of non-compliance at $50 per day, which is a total of $3,300 and a grand total including administrative fees in the amount of$3,684.12. No one was present on behalf of the Respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine in the amount of$3,684.12, which includes administrative fees in the amount of$384.12. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Fine Certification Hearing Case No. 21-0533 215 South Seacrest LLC Property Address: 215 South Seacrest Boulevard Violation(s): LDR CH 4 ART 111 SEC 11 Please resurface and restripe parking lot on the property; a permit may be required Contact Building Department at 561-742-6350 to resolve Officer Estime presented this case. The violation date is April 7, 2021. The Special Magistrate Hearing date was September 15, 2021, and no one appeared. A compliance date was set for October 15, 2021, or a fine of$50 per day plus administrative fees in the amount of $384.12. The property was last inspected December 14, 2021, and the violation still exists. There are 62 days of non-compliance at $50 per day, which is a total of$3,100 and the fine continues to accrue daily. The grand total is $3,484.12. Richard Berg, owner, was present. Ms. Zalman indicated the City is recommending a Fine Certification of $3,484.12 and noted that the fine continues to accrue at $50 per day. The Respondent advised he has been out of town and has been sick for six years; he had a heart transplant, and because of Covid he is not allowed to be around anyone. He was asked to leave Florida over the summer because of how bad Covid was and he did not return until October 5, 2021. He hired a Contractor, and it took over 30 days to get the contract; it has been in permitting. The job has been completed and he is requesting Ms. Zalman stop the fines because he has no control over the City for the permits; he is in compliance. Officer Pierre stated the permits were applied for on October 19, 2021. Planning and Zoning has reviewed the application two times and it failed, so he objects to stopping the fine. Ms. Zalman recommended once in compliance, the Respondent can go through the paperwork and apply for a Lien Reduction, and then he can bring forward the date he applied for the permit and remind her that he was out of town due to Covid. She suggested bringing a timeline to show what has occurred. An Order will be sent via mail for $3,484.12, still accruing at $50 per day. Decision Based on testimony, Ms. Zalman certified the fine in the amount of$3,484.12, and noted the fine is accruing daily at $50 per day until in compliance. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Fine Certification Hearing Case No. 21-0534 215 South Seacrest LLC Property Address: 107 South Seacrest Boulevard Violation(s): LDR CH 4 ART 111 SEC 11 Please resurface and restripe parking lot on the property; a permit may be required Contact Building Department at 561-742-6350 Officer Estime presented this case. The Notice of Violation date was April 7, 2021. The Special Magistrate Hearing was September 15, 2021, and no one appeared. A compliance date was set for October 15, 2021, or a fine of$50 per day plus administrative fees in the amount of $384.12. The property was last inspected on December 14, 20217 and the violation still exists. There are 62 days of non-compliance at $50 per day and the fine continues to accrue. The grand total is $3,484.12. Richard Berg, owner, was present. Officer Estime stated this is the same issue. The Respondent applied for the permit, but it failed Planning and Zoning review four times. Ms. Zalman advised the current fine is $3,484.12, accruing at $50 per day. She again suggested putting together a timeline of everything that has been done. In response to Ms. Zalman, the Respondent indicated there are tenants on the property. Ms. Zalman indicated she would certify the fine in the amount of$3,484.12 and noted the fine is accruing daily. Decision Based on testimony, Ms. Zalman certified the fine for $3,484.12 and noted the fine is accruing daily at $50 per day until in compliance. Fine Certification Hearing Case No. 21-1694 Hold the Bridge LLC Property Address: 639 East Ocean Avenue, Unit 406 Violation(s): CO CH 13 SEC 13 SEC 13-16 CO CH 13 SEC 13 SEC 13-7 Business operating without a valid Business Tax Receipt and Certificate of Use and Occupancy Contact 561-742-6350 to resolve Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Officer Hill presented this case. The Notice of Violation date was July 26, 2021. The Special Magistrate Hearing date was October 20, 2021, and no one appeared. A compliance date was set for November 9, 2021, or a fine of $50 per day plus administrative fees in the amount of $384.12. The property was last inspected on December 14, 2021, and the violation still exists. There are 36 days of non-compliance and a fine that continues to accrue at $50 per day plus administrative fees in the amount of$384.12. As of this date, the total is $1,800 plus administrative fees for a grand total of $2,184.12. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine in the amount of$2,184.12, which includes administrative fees in the amount of$384.12. Case Hearing Case No. 20-2407 Washington Debborrah D Property Address: 1950 NW 1St Street Officer Weixler indicated this case was complied prior to the Hearing. Fine Certification Hearing Case No. 21-1533 St Felix Jude Property Address: 727 West Ocean Avenue Violation(s): Code sections stated Administrative Supervisor Guim advised on November 17, 2021, the Cease and Desist fine was presented at the Special Magistrate Hearing. The Respondent showed proof of compliance and showed a temporary registration for the vehicle that was in violation at the time of the Hearing; therefore, processing the Cease and Desist Order in the amount of$500 did not apply. She is requesting the Cease and Desist Order be dismissed. No one was present on behalf of the respondent. Ms. Zalman agreed with the City's recommendation. She questioned if an Order would be printed to dismiss the prior Order. Administrative Supervisor Guim replied no, it would be noted in the record. The other Order was not mailed because the Respondent came the following day. Ms. Zalman clarified an Order will not be entered and the case will be dismissed. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Decision Due to Administrative Supervisor Guim's request, Ms. Zalman dismissed this case since the Respondent showed a temporary registration for the vehicle that was in violation. She noted that an Order would not be entered. Fine Certification Hearing Case No. 21-0837 Rodriguez James C & Kristine Property Address: 711 SW 27th Way Officer Guillaume presented this case. The Special Magistrate Hearing was on September 15, 2021, and no one appeared. A compliance date was set for October 15, 2021, or a fine of$100 per day plus administrative fees of$384.12. The property was last inspected on December 14, 2021, and the violation still exists. There are 60 days of non- compliance, and the fine continues to accrue at $100 per day. The grand total is $6,384.12. Kristine Rodriguez, owner, was present. In response to Ms. Zalman, the Respondent explained they live in Virginia, and this is a rental property; tenants are coming next week, so currently, no one lives there. It was suggested they do an Air BNB, so when they bought the place there were already pavers, they extended them where there was more grass, a little bar area was made, and three windows were updated to black windows. In Virginia a permit is not required for a bar, so she was completely unaware of the requirement. She was told about this in December, but she has six children and was mugged in November, so her focus was putting that person in prison, which she did, for 15 years. In addition, her mom was hospitalized with Covid, and Officer Guillaume said he would give her more time. She also stated she was hit by a drunk driver. She contacted a Contractor in September, who told her she needed $1,200 for an Engineer, which she paid, and then she was told she needed a survey, which she paid, and then she paid the Contractor $700. She gave everything to Dennis, the Contractor, who said he would be at this Hearing, but he emailed her this morning that says she has done everything correctly and she should not have to pay because the City keeps rejecting his permit, but he did not give details as to why it was being rejected. She has no control over this. Finally, she paid $3,000 and called the Contractor for the last court Hearing and asked if she needed to fly down for the Hearing and he said, "No, just pay the $3,000 and they would have 30 days to get the permit in", which they did, but It has been two months and the permit has not been approved. This morning she was shown a piece of paper that said they needed to move the bar six feet and three feet, so she called her Contractor. He said he did not know anything about this, and she did not know about this until now or she would have removed it on day one. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Officer Pierre stated unfortunately she was given misinformation. The bar cannot be permitted where it is, and it needs to be removed. He does not know how the miscommunication occurred and he apologized for that. He told the Respondent not to let the Contractor keep lying to her because the bar cannot be permitted. He questioned when the bar could be removed. The Respondent replied that Christmas is next week, and she is going back to Virginia on Friday. She would have to bring workers from Virginia to help her. She read the email sent to her from Dennis, the Contractor, this morning. Mr. Pierre stated unfortunately, the City cannot grant anymore time for removal. There have been many neighbor complaints. Ms. Zalman was not sure if the Respondent had a claim against her Contractor since he is the one who advised that she needed to pay these costs. Unlike the prior Hearing, she finds there is some evidence that the permit was applied for within the timeframe. She commented that it is the Respondent's choice to have a property out of states, but with that comes costs to come in and out of the state. She noted the expenses put into the property are beautiful and they are benefitting the community with that regard. The Respondent questioned if anyone could help with the fine of $6,384.12, which accrued during the 60 days while she was waiting for the permit to be approved. If she had known about this, she would have removed the bar immediately. The permit was submitted on October 12, 2021. Officer Guillaume mentioned that October 15, 2021, was the compliance date. Ms. Zalman commented the permit was submitted before the compliance date. Officer Pierre advised the fine could be dealt with; the Respondent can remove the bar, and then come back. Ms. Zalman thought there was evidence that part, if not all the time should not have been accruing, which would mean fines are at $384.12, but currently accruing at $100 per day. The Respondent does not blame the City, she blames the situation. In her mind, she did her part. Ms. Zalman advised she is going to certify the fine because of evidence that the permit was submitted and now is not needed for $384.12, continuing to accrue at $100 per day until in compliance. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Decision Based on testimony, Ms. Zalman certified the fine in the amount of$384.12, with the fine continuing to accrue at $100 per day until in compliance, due to the fact the permit was submitted and is not needed. Lien Reduction Hearing Case No. 14-2624 Harper Kristin Property Address: 108 Harbors Way Officer Pierre presented this case. The Special Magistrate Hearing was on February 18, 2015, and no one appeared. A compliance date was set for February 28, 2015, or a fine of$200 per day. The Respondent complied August 17, 2015. There are 169 days of non- compliance at $200 per day. The total amount is $34,434.12 including administrative fees in the amount of $384.12. The Respondent complied with the code process for this Hearing. Brett Shofner, spouse of Kristin Harper, owner, was present. He submitted an affidavit allowing him to attend on behalf of his wife. Ms. Zalman questioned if this is an investment property. Mr. Shofner advised this is an investment property. They were recently told by the City that they needed a Business Tax Receipt, so he went in immediately and was told he needed to pay back a couple of years, which he paid. After that, they decided to sell the property and the title company said there is a lien. Ms. Zalman indicated this complied August 17, 2015, but before that compliance date the property was charged $200 per day for ignoring a prior Hearing. Mr. Shofner stated he had no idea, they were not living here, they were between New York and Florida. When he paid the Business Tax Receipts, he was told everything was fine and he paid them current through now. They are concerned about the amount and the closing is December 28, 2021. This surprise has been very stressful. Ms. Zalman commented that the problem is the City only has to send Notices to the Property Appraiser address on file. It falls on the investor/property owner to update the information if they are out of state. Mr. Shofner stated if this were mentioned he would have cleared it up immediately. In response to Ms. Zalman, Mr. Shofman stated they are selling the property for$495,000. He offered to pay 5%. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Ms. Zalman advised that is for Homesteaded property, not investment property. Officer Pierre indicated the recommendation is a little higher with investment properties. Mr. Shofman commented this is a $60 per year issue. He proposed $4,000 and asked if this could be done in a way so it would not hold up the closing. Ms. Zalman advised this could be done in a way so it would not hold up the closing and noted $4,000 is about 12%. Officer Pierre questioned what 20% looks like because that would be his recommendation. Ms. Zalman stated 20% is $6,800, almost $6,900. She mentioned 15% is $5,165.12 and thought that was fair. She is signing an Order, which must be approved by the Commission. If the closing is set and so the title agent feels comfortable, Tanya can send an email with the amount, so it can be held in escrow. Decision Based on testimony, Ms. Zalman reduced the lien to $5,165.12, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 14-0947 Mitchell Darrell & Dorothy Property Address: 1471 SW 26th Avenue, Unit B Violation(s): Code sections stated below Officer Pierre presented this case. The Notice of Violation date was April 21, 2014. The Special Magistrate Hearing was July 16, 2014, and no one appeared. A compliance date was set for August 8, 2020, or a fine of$50 per day. The Respondent complied on January 3, 2016. There are 1,971 days of non-compliance at $50 per day. The total fine is $99,568.24 including administrative fees of$384.12. The Respondent complied with the Lien Reduction process for this Hearing. Dorothy Mitchell, owner, was present. Ms. Zalman questioned if this was an investment property or the Homestead and asked how this was brought to her attention and if she was selling the home. The Respondent stated this is her home and she is selling it. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Ms. Zalman commented that the home is under contract and the lien must be satisfied so it can be sold. She questioned the sale price. The Respondent replied the house is being sold for $200,000. Ms. Zalman commented the lien is almost half of the purchase price and questioned if there is a mortgage on the home. The Respondent replied yes. Ms. Zalman asked the Respondent what she was hoping to reduce the lien to because it is at $99,568. The Respondent did not know how the fine was like that because she did not receive any invoices to pay anything. Ms. Zalman advised this goes back to 2014 and she was not privy to that case. The Respondent was supposed to get a permit to have the tarp taken off the roof, so the roof could be finished and that was all she was told to do. The roof was repaired in 2016 and she does not understand why she has to pay so much money since she was never told to pay anything. She only knew about one Hearing and that is the one she went to when she was told to get a permit and get the roof done. Ms. Zalman indicated at some point there was a fine of$50 per day, it was not resolved, and accrued for a long time. The Respondent reiterated she did not know anything about the fine or she would have been at the meeting. Ms. Zalman questioned what she had to spend to get the property into compliance so she could apply for the Lien Reduction. She asked how much the roof cost. The Respondent advised she did not have to do anything. She thought the cost of the roof was about $13,000. Ms. Zalman asked if the Respondent wanted to make an offer of a percentage she feels comfortable paying on the lien at closing. The Respondent replied the least amount possible because she works for security and does not make that much. Ms. Zalman was considering the $13,000 spent for roof repairs. She asked Officer Pierre if the City had any recommendations or input on what they are hoping to receive. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Officer Pierre stated their usual recommendation is 10%. Ms. Zalman indicated that 10% is about $6,900. If she takes into the account with the $13,000 spent for roof repairs, it would be about $8,600. When making decisions she usually goes lower than 10% if it is someone's Homestead or if it is needed to sell. It is not an investment property, and it is not being used as income. If she reduces the amount to 5% and takes into consideration the $13,000 spent, that would be $4,328.41 with 90 days to pay. She asked when the closing is scheduled. The Respondent did not know because they wanted to make sure everything was taken care of. Ms. Zalman commented that it does not sound like there will be much of a profit because of the payoff for the mortgage and the lien. The closing will have some monetary income as well as balancing and paying the City. She suggested reducing the fine to 5% after deducting the $13,000 for roof repairs, which was already paid, which would be $4,328.41. An Order will be received with 90 days to pay. Please take this seriously; otherwise, it goes back to the original amount. She mentioned different options and told If the title company needs to see a copy sooner, reach out to Tanya and she will send an email showing the amount. Decision Based on testimony, Ms. Zalman reduced the lien to $4,328.41, payable within 90 days or the fine will revert to the original amount of$$99,568.24, which includes administrative fees. Lien Reduction Hearing Case No. 15-2619 522 SE 20th Court Land TR Property Address: 522 SE 20th Court Violation(s): Code sections stated below Officer Pierre presented this case. The Notice of Violation date was November 19, 2015. The Special Magistrate Hearing was May 18, 2016, and no one appeared. A compliance date was set for May 20, 2016, or a fine of $100 per day. The Respondent complied November 19, 2021. There are 2,000 days of non-compliance at $100 per day. The total amount is $200,730.15, which includes administrative fees. David Dweck, owner, was present. In response to Ms. Zalman, Mr. Dweck indicated this is an investment property. He is in the process of selling the property and the title agent told him there was a lien with a fine running. He had no idea of the fine because he was never Noticed; otherwise, he would Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 have taken care of it immediately. Officer Hart did a walk-thru and told him what was needed, which he did. Prior to meeting Officer Hart, he recalled working with Michelle many times due to tree debris, which is one of the reasons he is selling the property because it is a nuisance property. Officer Hart came out a second time because it was not done to his satisfaction and now the property is in compliance. As soon as he found out, he met with Remy on the first floor, who was very helpful, and he paid everything owed immediately. Remy then told him he was good to go and then Tanya said he was not. Officer Pierre advised he met Mr. Dweck on the property at the time of the violation. When the tenant called, they met and looked at the washer and dryer in the back and the plumbing. Mr. Dweck thought this Hearing was because of the rental license. Officer Pierre stated it was the rental license and the sanitary condition with the plumbing when the tenant was complaining. He was sure if the drainage system was fixed, Mr. Dweck did not let him know and that could be the reason the case was running. In response to Ms. Zalman, Mr. Dweck indicated during the time he was evicting the tenant he did not want to go on the property, but as Officer Hart can attest, he removed everything. He has a good eviction attorney, and the cost was about$1,000. He could not recall how much the cost was to fix the drainage issue since it was so long ago. Ms. Zalman takes into consideration how much is spent to bring violations into compliance and noted he probably spent a few thousand dollars. Mr. Dweck advised he met with Michelle after meeting with Officer Pierre regarding constant maintenance and cleaning up of the corner property. Ms. Zalman asked what Mr. Dweck thought was fair for a lien reduction. Mr. Dweck stated he would like to close on the sale and the date has been extended. He understands there are administrative fees. Ms. Zalman advised administrative fees and costs were $730.15. Mr. Dweck asked if they could add $1,000 to the administrative fees. This is not fair, and he reiterated he was never Noticed. He has been a landlord for 32 years and has never experienced this in his life; he wants to do the right thing. Ms. Zalman stated the City has evidence there was Notice. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Mr. Dweck stated it was for the rental license part, which was a small item he took out. If he was notified, he would have gladly paid it. He is asking for some relief. Ms. Zalman indicated the City cannot get to this point unless they have certified mail return receipts, proof of notification. She does not know what address was in public records, which could have been an issue. She has a lien presented to her of $200,000, which will prevent the closing. She also has counter-testimony that he was aware of what was going on, and the other item mentioned is that the fine is very high, and she agreed it should be reduced. They must come up with a number that is reasonable, fair, and consistent with all other lien reductions in the past decade. There were no extenuating circumstances for this case; she only has his testimony saying there was no Notice and the City is saying there was Notice. She assumed Mr. Dweck was notified or the Notice went to the tenant at the address in public records, which is quite common if not updated. Mr. Dweck thinks there were extenuating circumstances because he was never notified about the Business Tax Receipt. Officer Pierre recommended 15% of the lien. Ms. Zalman advised that 15% would be $307109.52. Mr. Dweck asked if they could go to 10% and be done with it. Officer Pierre agreed with 10%. Ms. Zalman agreed 100%. An Order will be entered for 10%, which is $20,073.02. Decision Based on testimony, Ms. Zalman reduced the lien to $20,073.02. Lien Reduction Hearing Case No. 16-0348 Elias Alon Property Address: 1525 Via De Pepi Violation(s): Code sections stated below Officer Pierre presented this case. The Notice of Violation date was February 10, 2016. The Special Magistrate Hearing was on May 18, 2016, and no one appeared. A compliance date was set for May 28, 2016, or a fine of $100 per day. The Respondent complied October 3, 2016. There are 127 days of non-compliance at $100 per day. The total amount is $13,334.12 including administrative fees. Jason Litt, Licensed Real Estate Agent, representing the new owner, Anita Cannon, was present. He submitted a notarized form allowing him to attend on the owner's behalf. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 In response to Ms. Zalman, Mr. Litt advised this is an investment property, but Ms. Cannon purchased it in 2017, a little more than a year and a half after any of these fines came up. Somehow, the title company presented a clean title, and they are no longer in business. The Respondent recently found out money is owed. He had the Warranty Deed if needed and stated the Order Imposing Penalties and Lien shows May 18, 20216. The property was purchased December 13, 2017. Ms. Zalman was not sure if there would have been an overlap without knowing the date recorded. She asked if there is a tenant on the property and if this came up because they are selling the property. Mr. Litt replied there is a tenant. A new lien search came out and the Respondent said she knew nothing of it, she thought she had a clean title passed onto her. She is selling the property and the closing date is set for the middle of January. Administrative Supervisor Guim indicated she did not have the date of closing and noted it would be in the file. Ms. Zalman asked what the Respondent was hoping to reduce the lien to. In response to Ms. Zalman, Mr. Litt stated the Respondent was hoping to reduce the fine to $400 or $500, something fair. Ms. Zalman advised the fees alone were $384.12 and that does not include anything with the lien. She has the date the lien was imposed, which was recorded in August 2016. The way it is worded, it states there is a fine of$100 per day accruing.; it did not have the exact amount because it was accruing at $100 per day. It is a claim to the title, which is no longer in existence. Officer Pierre recommended 20%. Ms. Zalman stated 20% would be $2,666.82. Mr. Litt asked if they could do 10% or 15% and reiterated the Respondent was the victim of a bad title company. Ms. Zalman thought 18% would be fair, which would be about $2,400.14. If the title company needs proof, contact Tanya and she can provide the amount in writing, so there should be no problem with the closing. Decision Based on testimony, Ms. Zalman reduced the lien to $2,400.14. Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 Lien Reduction Hearing NOTE: Case No. 16-1633 and Case No. 20-0205 were heard in tandem. Case No. 16-1633 136 BBB Property LLC Property Address: 136 West Boynton Beach Boulevard Violation(s): Code sections stated below Officer Pierre presented this case. The Notice of Violation date was October 31, 2016. The Special Magistrate Hearing was January 18, 2017, and no one appeared. A compliance date was set for February 14, 2017, or a fine of$25 per day. The Respondent complied August 2, 2017. There are 169 days of non-compliance at $25 per day. The total amount is $34,530.15 including administrative fees. Roger DiCapita, one of the owners, was present. Ms. Zalman noted there are two cases. This case is for the Certificate of Use, Business Tax Receipt, mowing, trimming, deleting, overgrowth, and trash debris. The lien is $34,530.15 including administrative fees of$384.12. The Respondent indicated he never knew there was a case. Every time they got a Notice from the City, he took care of everything. He was not aware of any Hearings and never received a Notice or they would have dealt with it. He heard about this from one of his partners and believes he was told by the person who does their books. Ms. Zalman heard the next case and mentioned it has a lien of $17,000 at the same property address. Decision Based on testimony, Ms. Zalman reduced the lien to $3,453, which includes administrative fees. Lien Reduction Hearing Case No. 20-0205 136 BBB Property LLC Property Address: 136 West Boynton Beach Boulevard Violation(s): Code sections stated below Officer Pierre presented this case. The Notice of Violation date was October 31, 2016. The Special Magistrate Hearing was September 16, 2020, at which time, owner, Jim Knight, and Roberson Voltaire, appeared. The compliance date was set for December 1, 2020, or a fine of $100 per day. The Respondent complied on May 21, 2021. There are Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 170 days of non-compliance at $100 per day. The total amount is $17,000; the administrative was already paid. Roger DiCapita, one of the owners, was present. Roberson Voltaire, tenant, was present. The Respondent stated his partner, Jimmy Knight, came with Roberson, the tenant, because things started heating up when they got the Notice and had to file for a permit to get some desks in there; drawings were needed to meet the code, because a permit was not pulled. One of the gentlemen at the Hearing stated the drawings could be done by hand and submitted. After the Hearing, everything was submitted, and it took almost three or four months going through the permit process. Eventually, they had to hire someone to get the process done for Roberson, the tenant. It was his responsibility, but it falls on the property owner, so they tried to help as much as possible. Eventually they got what they needed, but apparently, they were getting fined at the time. Mr. Voltaire indicated he was a tenant and started his lease in December. He started working to open a multi-service center, which is the second location in Boynton Beach. They opened on February 1St when the tax season and Covid hit, which delayed things. They were in touch and trying to correct the original problem. The original person who built the desks was missing, so he had to find someone to put everything together in an attempt to comply; it took a lot of time. Ms. Zalman commented they were working the whole time and there was a Covid delay. Officer Pierre stated the work was done without a permit. The Respondent advised this was a clerical oversight on their part and hopefully there could be some mercy. Mr. Voltaire has invested in the community and was not aware he needed a permit. They did not know he was working in there, but as soon as they found out they tried to help get the situation cleaned up. Officer Pierre recommended 20% on each lien. Ms. Zalman stated the City is saying 20% on each lien, which is $6,900 on the first case and that is $3,400 on the second case, which includes costs. The Respondent indicated that is a hardship for them and asked that 10% be considered. They just spent about $20,000 repaving the parking lot and doing improvements. Mr. Voltaire advised it is a hardship for him because as a new business, he did not know all the rules and he expected the person doing the job to do it correctly. When the City notified him, then Covid hit, the the business had to close, but the Respondent worked Page 34 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 15, 2021 with him, so he did not have to pay for a month or two. He asked if there was any way to get to 5%. Ms. Zalman agreed to 10% on each case unless there is an objection because there are two open files. She noted 10% on the first case is $3,453 and the second case is $1,700; which is half of the City's recommendation. Decision Based on testimony, Ms. Zalman reduced the fine to $1,700, which includes administrative fees. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:54 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 35