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Minutes 01-19-22 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JANUARY 19, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Tanya Guim, Administrative Supervisor Community Standards Charnice Harrison, 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 9:10 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 7 21-2914 Complied 8 21-1056 Removed 12 19-2393 Tabled 60 days 27 20-0595 No show IV. NEW BUSINESS Case No. 21-1000 White Rose Homes LLC Property Address: 132 NE 12th Avenue Property Type: Property Violation(s)- This case was not heard. Case Hearing Case No. 21-2623 United Lynk LLC Property Address: 918 NW 1 st Street Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Type: Single-Family Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain required permits for carport posts that were replaced, window change out, hot water heater change, and all other unpermitted work. Contact Building Department at 561-742-6350 Officer Estime presented this case, which was a routine inspection. The initial inspection was October 6, 2021, and written Notice was issued on October 9, 2021, with 30 days to comply. Notice was posted at the property and City Hall on January 8, 2022. It was noted that per Officer Hill, she has not heard anything from the Respondent. The property was last inspected on January 18, 2022. This is not a health and safety hazard. The City recommends 30 days, February 21, 2022, for compliance or a fine of $50 per day, plus administrative fees in the amount of$384.12. Carol Lacey, permit expediter hired to take care of these permit issues. Ms. Zalman asked if the Respondent provided an affidavit allowing Ms. Lacey to speak on their behalf. Ms. Lacey was hired by the contractor, who was hired by the owner. The owner was unavailable due to illness. Ms. Zalman advised the Respondent must be present to make a case. If they are not going to be here, they have to fill out a form giving someone permission to speak on their behalf. She will make an Order and asked Officer Estime if 30 days was enough time to comply. Officer Estime stated the property owners have not attempted to contact the Officer, so he feels 30 days is sufficient. He noted the Respondent applied yesterday. Ms. Zalman suggested 45 days, March 7, 2022, since they are working on it Decision Based on testimony, Ms. Zalman ordered a compliance date of March 7, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case No. 21-2471 Wilson Beverley Property Address: 3095 North Seacrest Boulevard Property Type: Property Violation(s)- This case was not heard. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Case Hearing Case No. 21-2505 SLOM LLC Property Address: 24 Crossings Circle, Unit B Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-16 Licensed contractor and building permits required to repair all damages, sheetrock, wood, electrical, and plumbing issues. COUBTR required for home rental Apply for license and COU inspection Officer Weixler presented this case, which was a Fire Department referral. The initial inspection date was April 16, 2021, and the case was reopened on September 21, 2021, because there is a new owner. Notice was issued on April 16, 2021, and resent on September 21, 2021, with 15 days to comply. Notice was sent via certified mail on November 30, 2021, and a signed green card was received on December 8, 2021. The Fire Department was on site because a sewer pipe had burst and flooded the unit with raw sewage and sparks were shooting out of the electrical receptacle. The building was posted as an unsafe structure and no occupancy. The property was last inspected on January 18, 2022, and the violations still exist. This was a health and safety hazard until the raw sewage was removed and an electrical contractor is needed to verify the electric is safe. The City recommends a compliance date of February 21, 2022, or a fine of$100 per day, plus administrative fees of$384.12. He read the Red Tag dated April 16, 2021, for unsafe posting. In response to Ms. Zalman, Officer Weixler stated there were tenants present at the time, but they have since vacated and the building was sold. He explained the previous owner did not provide any information saying the Association was responsible for the inside work. The new owners applied for a permit several months prior to purchasing the building, but it was rejected. They pulled a permit for sheetrock only and he told them that electrical needed to be added; according to the Red Tag, everything needed to be added. He explained to the new owners that they might be able to assume the permit if they contact the Building Department and submit corrections, but that has not happened. Ronen Tish, owner, was present. Ms. Zalman questioned names of the current owners. Mr. Tish indicated this is a corporation; SLOM LLC, and he is part of the management. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Ms. Zalman questioned what is going to be done with this property. The City is recommending compliance by February 21, 2022. Mr. Tish explained they purchased the property in July and have been paying monthly HOA fees on time. The new Property Manager, Chris Sorreno, with GRS Management, did not show up for this Hearing even though he was sent numerous emails. It was his understanding when they purchased the unit that the previous owner tried to pull a permit, but it was placed on hold. They contacted the contractor and they wanted $20,000 to do drywall work. The permit expired because they were not going to deal with that contractor and contacted their own contractor they use for all repairs, and he started the process until the new Property Manager told them it is the Association's responsibility; they are the ones who pulled the drywall off and did all the work until now and they are required to put everything back. It took two or three months before the Attorney for the Association gave them approval to go ahead. Now, they are waiting for the Board to decide, so the drywall can be put up. The last they heard was that the Property Manager called and said they are not responsible for the electrical, that it is part of the drywall. Their intent for the property is to rent it out. They are losing $1,800 per month just from a rental aspect. He does not know what to do; it seems like they are going to have to move froward with their own crew to do work on the property, so they can start collecting income and somehow go after the Association. He questioned if there was any way to do a violation to the Association. Ms. Zalman advised the violation goes to SLOM, LLC because they are the owner. An Order will be entered with a compliance date. She suggested Mr. Tish advise Legal Counsel and let them know the City is giving them 30 days to come into compliance, so they have 30 days; after 30 days there will be a fine of$100 per day. Decision Based on testimony, Ms. Zalman ordered a compliance date of February 21, 2022, or a fine in the amount of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-2696 Green Wayne & Jacqueline Property Address: 8 Eastgate Drive, Unit A Type of Property: Multi-Family Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for unpermitted interior renovation Officer Weixler presented this case, which was a routine inspection. The initial inspection date was October 13, 2021, and written Notice was issued on October 14, 2021, with 15 days to comply. Notice was sent via certified mail on November 22, 2021, and a signed green card was received on November 29, 2021. There was what appeared to be Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 unlicensed contractors at the property, as there were no markings on the vehicle, so the Building Department got involved and put a Stop Work Order on the home and told them to apply for permits immediately. The Stop Work Order was removed, which is illegal, and in speaking with the Building Official, he said he was going to deal with that at the appropriate time, and then the work proceeded. The Respondent applied for a permit to replace kitchen cabinets and install laminate flooring. In looking at photos, the work is very substantial, walls were removed, and the slab was raised. The application was in Plan Check, and it was rejected. The City recommends a compliance date of February 21, 2022, or $100 per day, plus administrative fees of$384.12. Wayne Green, owner, and Robert McClure, contractor, were present. Mr. McClure advised everything is in process, waiting to be signed off. Officer Weixler questioned what was covered under the permit because it does not match the pictures. He asked Mr. McClure to send him the scope of work. Mr. McClure indicated everything in the system is pretty much on track. Ms. Zalman stated there is a concern and Officer Weixler is trying to prevent the permit from being rejected if it does not match the photos. Officer Weixler reiterated that he needs clarification of exactly what the permit entails. He did not know why the Red Tag was removed, but the Building Official is going to take care of that. Mr. McClure advised people are moving in, so they took everything off the door. The job is close to being completed, so if he needs an Engineer report after the Inspectors come in, they can do so. Officer Weixler stated he needs an email that says what exactly they applied for; the scope of the work of the permit, so he can see that it matches the violation. When looking at the application in the system, it is very vague and says kitchen cabinets and a laminate floor. Supervisor Pierre asked Officer Weixler what the Red Tag said. Officer Weixler indicated that the Red Tag said that Michael Gorachek, Building Inspector, visited the property on September 7, 2021. The interior and remodel were in progress, permits are required, submit permit applications by September 13, 2021, to avoid a fee, secure permits, and obtain applicable inspections. The Stop Order that was removed says there is a construction stop on this building by order of the Building Department Boynton Beach, for failure to comply with the City Building, Plumbing, and Electrical Codes Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Supervisor Pierre advised they are going by what the Red Tag said and what is in the permit. Ms. Zalman recommended staying in touch with Officer Weixler. Decision Based on testimony, Ms. Zalman ordered a compliance date of February 21, 2022, or a fine in the amount of$100 per day, plus administrative fees in the amount of$384.12. Case No. 21-2936 Cid Claudio Property Address: 3501 Old Dixie Highway Violation(s): CO CH 14 SEC 14-3 Oversized truck parking — First offense is $100 plus administrative fees Officer Weixler presented this case. The violation occurred on November 13, 2021. The property was inspected yesterday, and the truck is no longer there. There is one occurrence of noncompliance and a fine of$100 applies. As of this date, the fine is $100, plus administrative fees of$384.12, for a total of$484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a fine of $484.12, which includes administrative fees of$384.12. Case Hearing Case No. 21-2914 Boynton Commerce Center LLC Property Address: 1920 Corporate Drive Property Type: Property Violation(s)- This case complied prior to the Hearing. Case Hearing Case No. 21-1056 Bruder Christy Property Address: 726 SW 27th Way This case was removed prior to the Hearing. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Case Hearing Case No. 19-1523 Jules Guerline Property Address: 411 NE 15th Court Violation(s): As noted in the Notice of Violation Officer Karageorge presented this case. This is not a health and safety hazard. The Respondent was waiting on the insurance company and then decided to do an addition. They applied for a permit, which has been in Plan Check for multiple months. The Respondent is not responding, and they have changed contractors. The new contractor is not responding to the questions the Permitting Department has asked. The City recommends a compliance date of March 21, 2022, or a fine of $50 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of March 21, 2022, or a fine in the amount of $50 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 21-1354 Jerkins Edward Property Address: 1420 NW 1St Court Violation(s): As noted in Notice of Violation Officer Karageorge presented this case. This is not a health and safety hazard. The Respondent said they were going to get the Exemption but have not and it has not been renewed since 2016. The City recommends a compliance date of February 21, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2022, or a fine in the amount of $50 per day, plus administrative fees in the amount of $384.12. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Case Hearing Case No. 21-1595 De Souza Ellen D & Ewerton Property Address: 240 NE 16th Court Type of Violation(s): As noted in the Notice of Violation Officer Karageorge presented this case. This is not a health and safety hazard. The Respondent was supposed to get permits for change-outs. The permits have been in Plan Check for multiple months and the contractors are not responding to questions from the Permitting Department. He has been in contact with the Respondent about this repeatedly and he is trying to push the contractor. The City recommends a compliance date of February 21, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2022, or a fine in the amount of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 19-2393 Ennever Stuart Property Address: 101 Leisure Lake Circle, #103 Property Type: Condominium Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permits for electrical and plumbing work done without permits. Contact 561-742-6350 to resolve. Officer Hart presented this case. The initial inspection date was August 19, 2019, and a Courtesy Notice was issued December 11, 2019, with 30 days to comply. Notice was sent certified mail on November 30, 2021, and a signed green card was received on December 6, 2021. Permits were applied for during the process, but not approved. He has been in contact with the Respondent on several occasions and the contractor as well,who applied for the original permits. He also put the Respondent in contact with the Building Official and personally contacted the contractor who has written him off. The Respondent had to have some work done to move into the property and has been stuck in limbo. He has hired a gentleman to take care of this as of last month. They are working on the permitting process and should receive the permit on Monday. Because of the situation, Officer Hart did not have a problem tabling this for another month. Dave Shelbedder, Property Manager, was present. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Ms. Zalman questioned if the owner provided him with an affidavit to speak on his behalf. Mr. Shelbedder replied no, but stated he is present. He explained the delay in this process is because the City Building Department changed their policy and no longer accepts paper copies of plans, or scans of paper copies, they must be digitally signed and sealed. The Architect in Fort Lauderdale who drew the plans is not set up for digital and he was out of town, just returning on January 11, 2022. In speaking with the Architect and trying to get the plans digitally signed and sealed, he assured they would either have his digital plans signed and sealed or another Architect's signed and sealed plans by Monday, at which time they would be submitted for the review process, which can take a minimum of four to six weeks. Once the permit is issued, they will have to get inspections. He requested at least 60 if not 90 days. He noted the owner is visually impaired and his physical impairment was kind of an advantage point. Ms. Zalman commented this could be tabled and revisited in 60 days or an Order could be entered for 90 days. Mr. Shelbedder commented that tabling the item for 60 days would be appreciated. Supervisor Pierre suggested tabling this case. Ms. Zalman agreed with tabling the case for 60 days. Decision Based on testimony, Ms. Zalman tabled this case for 60 days. Case Hearing Case No. 20-2957 Miah Farhana Property Address: 2314 SW 13th Street Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permit for fence installed without a permit Contact 561-742-6350 to resolve Officer Hart presented this case. The Respondent was given 15 days to comply and proof of service was sent certified mail on November 30, 2021, and a signed green card was signed and dated December 8, 2021. The property was last inspected on January 18, 2022, and the violation still exists. The City recommends a compliance date of February 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of February 21, 2022, or a fine in the amount of $25 per day, plus administrative fees in the amount of $384.12. Fine Certification Hearing Case No. 21-2314 Boynton Partners LLC Property Address: 502 SW 1St Street Officer Estime presented this case. The Special Magistrate Hearing date was November 17, 2021, and no one appeared. A compliance date was set for December 2, 2021, or a fine of$200 per day, plus administrative fees of$384.12. The property was inspected on January 14, 2022, and the violation still exits. There are 48 days of noncompliance, and the fine continues to accrue at $200 per day. As of this date, the fine is $9,994.12, which includes administrative fees. In response to Ms. Zalman, Officer Estime stated that in speaking with the Property Manager, they have to pull a permit, but they are trying to come into compliance. No one was present on behalf of the Respondent. Ms. Zalman agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine of $9,994.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1396 Po Ying Sem Trust & Sem Po Ying Property Address: 621 NW 2nd Street Property Violation(s): CO CH 15 SEC 15-120D Overgrown grass needs to be mowed CO CH 10 SEC 10-26D Please replace missing screen on windows/enclosed carport CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 13-16 Expired Business Tax Receipt, must renew and pass inspections Contact 561-742-6350 to resolve. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Officer Estime presented this case. The Notice of Violation date is June 21, 2021. The Special Magistrate Hearing was November 17, 2021, and no one appeared.A compliance date was set for December 10, 2021, or a fine of $100 per day, plus administrative fees in the amount of $384.12. The property was inspected on January 18, 2022, and the violations still exist. There are 40 days of noncompliance at $100 per day. The total is $4,000 plus administrative fees for a grant total of$4,384.12. Po Sem, owner, was present. Ms. Zalman advised she is certifying a fine today. The Respondent stated she did not know, and she did not get a certified letter. Officer Estime indicated they have a green card signed December 17, 2021. He told the Respondent about the violations. Ms. Zalman commented that the violations have not complied, and the fine is still accruing at $100 per day. The Respondent said she paid the license in September or October. Officer Estime stated it is still inactive. Ms. Zalman suggested the Respondent check with her Property Manager, it is not in the system, and there are missing screens on the carport and overgrown grass. The Respondent stated there are screens on the windows; everything was done. Officer Estime indicated that Officer Hill inspected the property on January 18, 2022, and he checked the property this morning and the rental license is delinquent. Ms. Zalman advised she was going to enter an Order and told the Respondent to stay in touch with the City to show them everything was done so the fine stops accruing. She told the Respondent she could apply for a Fine Reduction at a later date if she wished to do so. Decision Based on testimony, Ms. Zalman certified the fine for $4,384.12, which includes administrative fees. Fine Certification Hearing Case No. 21-1561 Cranbrook Lake Ests Property Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Address: 2306 SW Cranbrook Drive Officer Weixler presented this case. The Special Magistrate Hearing was October 20, 20221, and the Respondent did not appear. A compliance date was set for November 20, 2021, or a fine of $50 per day, plus administrative fees of $384.12. The property was inspected yesterday, and the violation still exists. There are 61 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,050 plus administrative fees of$384.12, for a total of$3,434.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine for $3,434.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2373 Johnston John T TR Property Address: 701 West Ocean Avenue Officer Weixler presented this case. The Special Magistrate Hearing date was November 17, 2021, for a Cease-and-Desist Order, and the Respondent did not appear. A compliance date was set for December 3, 2021, or a fine of $500 per occurrence, plus administrative fees of $384.12. The property was last inspected yesterday, and the violation no longer exists. There is one occurrence of noncompliance at $500 per occurrence. As of this date, the fine is $500 plus administrative fees of $384.12, for a total of$884.12. Dean Johnston, owner, was present; he is one of the Trustees. Ms. Zalman indicated there was a Hearing a few months ago and no one appeared. There was a violation that the property was being used to store other property and there was a storage violation and a fine of $500, which was later cured. This Hearing is to certify the fine on record. Mr. Johnson stated he stopped by the property with his trailers overnight, but he will not do that anymore. Officer Weixler reported that when he initially handed the Respondent the first Notice, he explained it to him. Then it happened again, and the Respondent said he was removing the trailer over the weekend, so he gave him extra days, but then it happened a third time, at which time a Cease and Desist was ordered. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Ms. Zalman advised the fine that will be certified today is the City fine, which is $500 and $384.12 for administrative fees, for a total of$884.12. An Order will be sent via mail. Decision Based on testimony, Ms. Zalman certified the fine of $884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1508 M K Daniel LLC Property Address: 2861 North Seacrest Boulevard Officer Karageorge presented this case. The Respondent had a compliance date of November 19, 2021. The property was inspected yesterday, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees of $384.12, for a total of $3,384.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 20-1706 Saint Felix Carline Property Address: 2930 SE 2nd Street Officer Daniels presented this case. The Special Magistrate Hearing date was October 20, 2021, and the Respondent did not appear. A compliance date was set November 19, 2021, or a fine of $50 per day, plus administrative fees of $384.12. The violation still exists. There are 60 days of noncompliance. As of this date, the fine is $3,000 plus administrative fees of$384.12, for a total of$3,384.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees of$384.12. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Fine Certification Hearing Case No. 20-2675 ESYL LLC Property Address: 218 Meadows Circle Officer Daniels presented this case. The Special Magistrate Hearing date was October 10, 2021, and the Respondent did not appear. A compliance date was set for November 19, 2021, or a fine of$50 per day, plus administrative fees of$384.12. The property came into compliance on December 16, 2021. There were 26 days of noncompliance. As of this date, the fine is $1,360, plus administrative fees of$384.12, for a total of$1,684.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine for $1,684.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 20-2872 Crossings Master Assn Inc. Property Address: 36 Crossings Circle Officer Hart presented this case. The Special Magistrate Hearing was October 22, 2021, and the Respondent did not appear. A compliance date was set for November 19, 2021, or a fine of $50 per day, plus administrative fees of $384.12. The property was last inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees of$384.12, for a total of$3,384.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine for $3,384.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-0923 Pravata Michele Property Address: 706 SW 3rd Avenue Officer Hart presented this case. The Special Magistrate Hearing date was October 22, 2021, and the Respondent did appear. A compliance date was November 19, 2021, or a Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 fine of$25 per day, plus administrative fees of$384.12. The property was last inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $25 per day. As of this date, the fine is $1,500 plus administrative fees of$384.12, for a total of$1,884.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine for $1,884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1871 Po Ying Sem Trust & Sem Po Yi Property Address: 1202 NW 7t" Court Po Sem, owner, was present. Officer Hart presented this case. The Special Magistrate Hearing date was October 27, 2021, and the respondent did appear. A compliance date was set for November 19, 2021, or a fine of$50 per day, plus administrative fees in the amount of$384.12. The property was last inspected on January 18, 2022, and the violations still exist. There are 60 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees in the amount of$384.12, for a total of$3,384.12. Ms. Zalman thought there was a tree stump, and the property manager was at the Hearing and said they would take care of it, and they have not. Officer Hart stated the tree stump must be removed or replaced by the same diameter tree. The property was recently mowed, so that is all that needs to be done. Ms. Zalman recommended every time one of these things is addressed, have the property manager or herself call the City and check to see if it is right to make sure the fines stop. She agrees with the City's recommendation and an Order will be issued. Decision Based on testimony, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2242 Sem Po Ying Trust Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Address: 140 NW 14th Avenue Officer Hart presented this case. The Special Magistrate Hearing date was October 20, 2021, and the Respondent did appear. A compliance date was set for November 19, 2021, or a fine of $500 per day, plus administrative fees of $384.12. The property was last inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $500 per day. As of this date, the fine is $30,000 plus $384.12 administrative fees, for a total of$30,384.12. Sem Po, owner, was present. In response to Ms. Zalman, Officer Hart stated the fine is due to work without permits. The Respondent still has not applied for permits. Ms. Zalman thought the Respondent brought a contractor or a manager to the last Hearing and they said they were going to address this, but they still have not fixed it. The Respondent stated they took her money, but they have not done anything. Officer Hart indicated that nothing has been done and the property is currently occupied. Ms. Zalman agrees with the City's recommendation and an Order will be issued. Decision Based on testimony, Ms. Zalman certified the fine for $30,384.12, which includes administrative fees of$384.12. NON-AGENDA Case No. 09-3565 Rabbi Shalom Korf Property Address: 911 Meadows Circle Violation(s): As stated for Code sections below Officer Pierre presented this case. The Notice of Violation date was November 12, 2009. The Special Magistrate Hearing date was January 20, 2010, and no one appeared. A compliance date was set for February 4, 2010, or a fine of$150 per day. The Respondent complied January 11, 2022. There are 4,358 days of noncompliance at$150 per day. The total fine is $653,700, plus administrative fees of$384.12 for a total of$654,334.12. The Respondent complied with the Lien Reduction process to move forward. Rabbi Shalom Korf, one of the owners, was present. Ms. Zalman commented this is a large lien and questioned how the property is currently being used and if it is up for sale. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf indicated his partner is managing the property; he is going to sell it. He was made aware of this issue about two days ago and was told a license was required to rent property. In response to Ms. Zalman, Rabbi Korf was not sure, but thought the property was under contract for sale. Ms. Zalman commented that Rabbi Korf might not be the best person to represent the case because he was not aware how much money was spent to bring the property into compliance and how much they are trying to sell it for. Rabbi Korf advised there is a mortgage on the property, but he did not know the sale price and thought they paid between $155,000 or$160,000 for the property. He thinks the value is about the same because they lost money. Ms. Zalman commented that the lien is well over the value of the property. Rabbi Korf reiterated it is somewhere in that range. The property was rented for a long time and unfortunately, the renter died in the apartment. The renter did not have any family, so it made it difficult to clean out the place. Regarding the license, they should have been aware, but they were not. Ms. Zalman assumed his partner might have started working with a title company to put the property up for sale, they realized there was a lien, and the lien would block the sale, so they had to go through the process to clear the lien and get it reduced, so the property could be sold. This is an investment property, and the lien does not go away, this is just the reduction process. Even though the lien will be reduced, there will still be a lien that has to be cleared at or before closing. Rabbi Korf understood. Ms. Zalman questioned if Rabbi Korf and his partner have a suggestion they were hoping to reduce the lien to. Rabbi Korf stated the property is not worth the amount of the lien. He commented there may be unknown reasons why they did not know about this Ms. Zalman advised there had to be mailed Hearings and certified mail. Maybe because it was an investment property and there was a tenancy, the address was the tenancy. Her concern was they did not know the number needed to get the property sold because she does not know the balance of the mortgage. Rabbi Korf indicated he could message his partner. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Ms. Zalman commented that she would put this case on hold, so Rabbi Korf could message his partner to find out the amount of the mortgage and to find out if there is a contract for sale. In running the numbers, she noted going down to 75% is still in the $40,000 range. Officer Pierre recommended 10%. Rabbi Korf stated they had a contract with the Housing Department for Housing assistance. He questioned if they should have asked if they had a license from the City of Boynton Beach since they had the property for a while. Ms. Zalman could not answer that question. Once the City became aware of it, they issued a Notice to get the license and when ignored is when it starts accruing a daily fine. The City is recommending a 10% reduction, which would be $65,433.41. She suggested Rabbi Korf contact his partner and they will come back to this case later to do an Order. This case was recalled at 10:25 a.m. Rabbi Korf advised that he spoke with his partner who said there is an offer for $160,000, not a contract. He thinks they paid $155,000 for the property many years ago and there was a cost of $20,000 to clean up and help with a funeral. They paid 15% at the time of purchase and there is a mortgage. Ms. Zalman stated 15% is at least another $24,000 plus interest and then they went out of pocket for the tenant who passed away. There is no ill will, this was not intentional, but at the same time, the City incurred fees and costs. If the lien is not cured, the property cannot sell and that is not the goal. She recalculated using numbers provided and the money that was spent. If the reduced number is used with consideration of the deceased, the mortgage, and the value, that would bring the original number, which is around 5% of the lien, to $32,716.71. The City originally recommended $65,000. If the property were sold as is, not knowing the exact amount of mortgage, she is not sure if they are over or under. Rabbi Korf commented they are under. It was a Home Equity Line of credit, so when they took out the loan the interest was 9%. Ms. Zalman mentioned she would take the lien to 3%, which is $19,630. Officer Pierre stated there is an offer for $160,000 and he questioned how much they would like to pay. Rabbi Korf replied as little as possible because they are under water. He feels guilty saying it, but he offered $1,000. Officer Pierre suggested Rabbi Korf to pay $10,000 and they would be even. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf stated he would have to check with is partner before accepting the amount. Ms. Zalman placed this case on hold. This item was called back, and Rabbi Korf advised there is no way his partner can accept the offer. He questioned if there should be some protection before getting to this point. Officer Pierre stated they posted the property, sent letters to them, they came back, and they posted the property. All the evidence is there that they tried to make contact. Ms. Zalman explained as a property owner, when a property is purchased, if there is going to be mail from a tax authority or a City, the address should be changed with the Palm Beach Records Tax Appraiser, or the deed should be updated so mail goes to the correct person. If the address is not updated, mail goes straight to the investment property. The City only has the address provided in public records, so they are doing everything possible to reach the property owner, but if the address is not changed, all they can do is send letters to the address provided in public records. Officer Pierre asked if they were taking the $10,000 offer or not. Rabbi Korf stated they do not have the money. He reiterated he would pay $1,000. In response to Ms. Zalman, Rabbi Korf stated his partner was okay with $1,000. He noted they recently spent $20,000 on the property. Ms. Zalman commented even if they knocked the amount down to the next percentage, which is 1%, it would still be $6,543.34, which she would be inclined to order. Once the offer goes through and if it gets under contract prior to the 90 days, it could be in held by a title company. The lien does not have to be paid out of pocket to the City before the closing; it would be pulled from the seller proceeds. Otherwise, within 90 days the fine reverts to the full amount. The City is not trying to prevent the sale of the property in any way. An Order will be entered for $6,543.34. Decision Based on testimony, Ms. Zalman reduced the lien to $6,543.34, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 18-0691 TAH 2017 2 Borrower LLC Property Address: 19 Peachtree Place Violation(s): As stated below Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Officer Pierre presented this case. The Notice of Violation date was April 6, 2018. The Special Magistrate Hearing date was August 15, 2018, and no one appeared. A compliance date was set for September 24, 2018, or a fine of $50 per day. The Respondent complied on January 13, 2022. There are 1,208 days of noncompliance at $50 per day. The total is $60,400, plus administrative fees in the amount of$384.12. The total lien is $61,034.12. The Respondent complied with the Lien Reduction process to move forward. John Scalia, is a realtor and was present on behalf of the owner. He provided an authorization form. Ms. Zalman assumed the property is being sold and/or under contract. Ms. Scalia advised the property is cross attached into several properties they are trying to solve. He noted this is a rental property. Ms. Zalman asked if they had to spend any money to bring this into compliance and what the goal is for the property. Mr. Scalia thought money was spent on one or two of the violations, but it was not too much. He stated they are going to keep the property and rent it. They paid all the Business Tax Receipts up to date, and they are trying to sell the other two properties. Officer Pierre recommended 10% of the lien. Ms. Zalman indicated 10%, is $6,040 plus administrative fees. Mr. Scalia asked if he could get 7%. Ms. Zalman stated 7% would be $4,228 plus administrative fees, which is like 8% if she takes the total. She thinks that is fair because it is really 8%. The Orderwill not be received right away. Mr. Scalia advised he spoke with Supervisor Guim and she will send an email to the title company tomorrow. Decision Based on testimony, Ms. Zalman reduced the lien to $4,862.12, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 18-1037 Cileus Faustin & Resilien J Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Address: 465 SW 2nd Avenue Violation(s): As stated below Officer Pierre presented this case. The Notice of Violation date was June 1, 2018. The Special Magistrate Hearing was on August 15, 2018, and no one appeared. A compliance date was set for September 24, 2018, or a fine of$25 per day. The Respondent complied January 10, 2022. There are 1,205 days of noncompliance at $25 per day. The total amount of the fine is $30,125 plus administrative fees. The Respondent complied with the Lien Reduction process to move forward. Faustin Cileus, owner, was present. In response to Ms. Zalman, the Respondent stated this is his primary residence. He is not trying to sell the property; he is trying to refinance. He stated no closing date is set yet; they said the lien must be satisfied first. Ms. Zalman asked if money or fees had to be spent to bring this into compliance. She also asked what the Respondent was hoping to reduce the lien to. The Respondent advised he does not have any money. Ms. Zalman explained whatever amount is entered today must be paid within 90 days or it reverts to the full lien. Officer Pierre indicated the violations were outside storage, trash, and debris; nothing major. Ms. Zalman mentioned they usually try to get an Order for around 10% for investment properties, but this is the Respondent's Homestead, and he is not making any money off the property. A 5% reduction would be $1,537. She asked if the Respondent would be able to pay within 90 days. The Respondent asked if the lien could be reduced a little more because he does not have the money. Ms. Zalman stated 3% would be $922.77 and the City is agreeable. The Respondent advised he could pay that amount; he will pay tomorrow. He asked if he would have a receipt tomorrow. Supervisor Guim indicated she could provide a letter. She told the Respondent to call her so she could explain the process. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Decision Based on testimony, Ms. Zalman reduced the fine to $922.77, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 20-0595 Joseph Ulrick & Yvonne Property Address: 3180 East Atlantic Drive Supervisor Guim advised this case was a no show. Lien Reduction Hearing Case No. 20-2181 Munoz Luis O Property Address: 2205 NE 4t" Court Violation(s): As stated below Officer Pierre presented this case. The Notice of Violation date was October 6, 2020. The Special Magistrate Hearing date was March 17, 2021, and no one appeared. A compliance date was set for May 29, 2021, or a fine of $50 per day. The Respondent complied on November 9, 2021. There are 160 days of noncompliance. The total amount of the fine is $8,150 plus administrative fees in the amount of $384.12. The Respondent complied with the Lien Reduction process to move forward. Luis Munoz, owner, and his father, James Munoz, were present. Ms. Zalman questioned if this was the Respondent's investment property. She asked if this lien accrued under the Respondent's ownership or if he purchased the property with a lien. The Respondent advised he is planning to live there; the property is currently vacant. He stated the lien accrued under his ownership. Ms. Zalman questioned how much was spent to come into compliance. The Respondent indicated he is a first-time buyer, and his father has more of an idea. James Munoz, the Respondent's father, explained this has been going on for a while. They received Notice in September 2020, and were told to apply for a permit, which they did on November 6, 2020. They were then told the property would be inspected on November 29, 2020, and they thought that would take care of everything. They did not hear from anyone until March 17, 2021, when they received a letter saying that had to Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 come to this Hearing. That was the only letter he ever received, and he has paperwork showing the letters were sent to the wrong person. In response to Ms. Zalman, Mr. Munoz stated the address on the envelope was correct, but the name was wrong. He submitted the envelope. Ms. Zalman advised the envelope is to Mr. Munoz, but inside is a letter and a violation for someone else; the Hearing was for someone else. Mr. Munoz indicated once they found out that they were in violation, they pulled the permit because they realized they were being penalized. They applied for the permit when the Department was moving from one building to another, so it took a while to get the permit through and then additional information was requested. The Permitting Department asked them to get surveys and things that took longer and every time they applied for something, they asked for more. The Permitting Department then wanted an easement consent, which took longer, and then the City rejected it, but they finally passed after a long time. They had to spend money on all kinds of things to comply and the even painted the exterior of the house. He lives next door to the Respondent, and they are here for the long haul. He was hoping to remove the lien, so they can move forward; they want to put the money on the house. Ms. Zalman stated during this process they put down gravel, repainted, and did other things. Mr. Munoz stated they are doing the best they can. He is a licensed contractor in Boynton Beach, and they would like to remodel the house with a new roof and everything it needs. The Respondent wants to apply for a Homestead this year, so he can move in. Officer Pierre asked Mr. Munoz why he did work without a permit. Mr. Munoz advised the permit was for pavers and he did not know a permit was required. They did a pool at another house they owned a long time ago and were told the only permits needed were for concrete. As far as he knew, on sand, no permit was required. He is a the contractor and they do not usually pull permits. Officer Pierre recommended 5%. Ms. Zalman indicated 5% is $426.71. Mr. Munoz requested 3% and Officer Pierre reiterated 5%. Ms. Zalman stated she would make it $400 even. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Decision Based on testimony, Ms. Zalman reduced the fine to $400, which includes administrative fees, payable within 90 days. NON-AGENDA Case No. 20-2858 Property Address: 108 SE 31St Avenue Officer Daniels presented this case. This case was dismissed in error on December 15, 2021. The case came into compliance on September 22, 2021, but due to some delays, no fault of the Respondent, the City is recommending the fines are completely waived. At the end of the Hearing last month, she asked that this case be dismissed, when she should have brought it before the Special Magistrate, so waiving the fees would be on record. Ms. Zalman clarified that Officer Daniels was correcting the record where instead of dismissing the case, the record should have reflected that the City waived the fines on that date. She agreed to the recommendation to correct; instead of a dismissal, it was a waiver of fees per the City. Decision As per Officer Daniels' request, Ms. Zalman corrected the dismissal to a waiver of fees per the City. NON-AGENDA Case No. 21-2150 Property Address: 83 Cambridge Lane Officer Weixler presented this case. He cited the Respondent for a permit for an air conditioning unit. The Building Department has something called Streamline Permits, and it appears the company submitted a Streamline Permit, but it was never processed by the Building Department. The Respondent submitted proof that it was done before the fine certification date, so he requested rescinding the fine of$384.12. Ms. Zalman questioned if there were any additional fines besides the $384.12. Officer Weixler stated the Respondent provided proof within the compliance date, but the $384.12 was assessed, so he would like to waive that fee. Ms. Zalman clarified they were doing a record correction because evidence was submitted and $384.12 should not have been assessed; it is considered $0. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Decision As per Officer Weixler's request, Ms. Zalman waived the fee of $384.12 to $0 since evidence was submitted. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:12 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 25