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Minutes 04-20-22 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, APRIL 20, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candace Stone, Director, Community Standards Tanya Guim, Administrative Supervisor Community Standards Charnice Harrison, Community Standards Associate Shana Bridgeman, Deputy City Attorney Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and 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 21-2995 Tabled for 30 days 2 21-3198 Tabled for 30 days 5 19-0986 Complied 9 21-2634 Removed for 60 days 10 21-2720 Complied 20 21-1439 Tabled for 30 days IV. NEW BUSINESS Case Hearing Case No. 21-2995 Boynton Partners LLC Property Address: 409 SW 1St Court Property Type: Multi-Family Property Violation(s): CO CH 10 SEC 10-56B Exterior property areas 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, APRIL 20, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candace Stone, Director, Community Standards Tanya Guim, Administrative Supervisor Community Standards Charnice Harrison, Community Standards Associate Shana Bridgeman, Deputy City Attorney Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and 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 21-2995 Tabled for 30 days 2 21-3198 Tabled for 30 days 5 19-0986 Complied 9 21-2634 Removed for 60 days 10 21-2720 Complied 20 21-1439 Tabled for 30 days IV. NEW BUSINESS Case Hearing Case No. 21-2995 Boynton Partners LLC Property Address: 409 SW 1St Court Property Type: Multi-Family Property Violation(s): CO CH 10 SEC 10-56B Exterior property areas Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 CO CH 13 ART 1 SEC 13-7 Certificate of Use and Occupancy CO CH 13 ART 1 SEC 13-16 Doing business without a Business Tax Receipt Please repair or replace damaged fence; a permit may be required. Contact Building Department at 561-742-6350. Paint over exterior paint that is peeling. Remove all bees from the property; it is a life safety issue. Please obtain a Business Tax Receipt for rental property. Apply for and obtain a Certificate of Use and Occupancy. Contact the Building Department at 561-742-6350 to resolve. Officer Nunn presented this case, which was a routine inspection. The initial inspection was November 22, 2021. This is not a repeat violator. Written Notice was issued December 16, 2021, with 10 days to comply. Certified Mail was sent on February 7, 2022. Notice was posted on the property and City Hall on April 6, 2022. This property was cited on December 16, 2021, with a Notice of Violation issued. The property was last inspected on January 13, 2022, and the violations continued to exist. On April 5, 2022, a follow-up was conducted at the property. As of this date, the Respondent has not obtained a current Business Tax Receipt and Certificate of Use and Occupancy. David Billatere Schulman, owner, was present. He advised he called about the Business Tax Receipts. He has to put in a PIN number and PCN number and had to call for the PIN number. The individual he spoke to is running all of Business Tax Receipts and said he would call when they were ready. All the Business Tax Receipts will be paid when he picks them up. He commented that this is a Condominium Association, and all the violations are exterior, which is not his responsibility; he is responsible for everything on the inside as the owner. He questioned why the Homeowner's Association is not cited since it is a Condominium. He noted all the items that were repaired came out of his pocket. Ms. Zalman indicated she could not give legal advice, but that might be a claim he might want to take up with the Homeowner's Association Officer Pierre stated they usually cite the Homeowner's Association as well. He indicated the Homeowner's Association is responsible for the outside and they are also cited. A letter is usually sent to the Homeowner's Association for the outside, the common area, which they are responsible for. Ms. Zalman commented that outside of that, the Respondent might need to have a separate demand letter and claim to them, so the liens would not continue to accrue, and so he could try to get reimbursed. He would have to seek Counsel. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Decision Due to evidence and testimony, Ms. Zalman tabled this case for 30 days. No Order was made, and administrative fees were not entered. Case Hearing Case No. 21-3198 Boynton Partners LLC Property Address: 418 SW 1St Court Property Type: Multi-Family Property Violation(s): CO CH 15 SEC 15-120D1 D CO CH 10 SEC 10-56B Exterior property areas CO CH 10 SEC 10-56E Interior structure CO CH 10 SEC 10-59C Mechanical equipment CO CH 10 SEC 10-60B Fire safety — Means of egress CO CH 10 SEC 10-60D Fire protection systems CO CH 13 ART 1 SEC 13-7 Certificate of Use and Occupancy CO CH 13 ART 1 SEC 13-16 Doing business without a Business Tax Receipt. Repair all windows in this unit to have proper means of egress. Please add missing smoke detector in this unit. Repair all cracks and leaks in interior structure; a permit may be required. Repair all mechanical appliances to be capable of performing intended function. Pressure clean walkway area pavers. Sod all bare spots. Please obtain Business Tax Receipt for rental property. Apply for and obtain a Certificate of Use and Occupancy. Contact the Building Department at 561-742-6350 to resolve. Officer Nunn presented this case, which was a routine inspection. The initial inspection was December 28, 2021. This is not a repeat violation. Written Notice was issued January 67 2022, with 30 days to comply. Certified Mail was sent February 8, 2022, and the signed green card was dated February 16, 2022. The property was cited on January 6, 2022. The property was reinspected on February 7, 2022, and an attempt was made to contact Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 the tenant and the property manager for reinspection, but there was not contact from either party. On April 6, 2022, contact was made with the property maintenance representative, who advised the cited violations had been addressed. An immediate follow-up inspection was conducted with the tenant present. As of this date, violations for a valid Business Tax Receipt and Certificate of Use and Occupancy still exist. The property was last inspected April 19, 2022. This is not a health and safety hazard and the City recommends compliance by May 20, 2022, or a fine of $50 per day, plus administrative fees of$384.12. David Billatere Schulman, owner, was present. Ms. Zalman questioned how long it would take to get the Business Tax Receipt. The Respondent stated the Business Tax Receipts are printed and he is going to pick them up after the Hearing. He asked if each individual in each condominium and the Homeowner's Association get the lien if a building needs pressure cleaning and it is not done. Officer Pierre advised the Homeowner's Association is responsible for the common area and outside areas. If a Business Tax Receipt inspection is necessary, he will have to talk to the Homeowner's Association. You cannot have a Business Tax Receipt if there is a violation, so that needs to be taken care of. The Respondent commented that 80% of the violations are for cracks in the walls or fences down and questioned who gets that violation Ms. Zalman understood that the Homeowner's Association would get the Violation Notice; she was not sure if he would also get a Violation Notice as the owner. If a Notice is received and the Business Tax Receipt is cured, the Respondent might want to take this up with the Homeowner's Association and then contact the City and remind them of this issue. Candice Stone, Community Standards Director, advised the Respondent would have to look at the Homeowner's Association Documents to see his responsibility. He can meet with the Code Officer with the documents and go through them to determine who is responsible. If there is a permit for a fence and it is in your name, then you will be responsible for it. The Respondent reiterated everything on the outside is the Homeowner's Association; he is only responsible for the inside just like a condominium. Director Stone indicated they will not know who is responsible unless they have proof of the Homeowner's Association Documents; every Association is different. They typically Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 cite the facts when they know it is a common area; otherwise, they cite based off the Property Appraiser. She stated they could meet after the Hearing to discuss this further. Ms. Zalman tabled Cases 21-2995 and 21-3198 for 30 days. An Order is not being made and administrative fees and costs, which are $384.12 each, is not being entered. Decision Due to evidence and testimony, Ms. Zalman tabled this case for 30 days. No Order was made, and administrative fees were not entered. Case Hearing Case No. 21-2081 Lazar Betsalel Property Address: 124 SE 10th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): As noted in the Notice of Violation Officer Weixler presented this case. Certified Mail was sent on February 24, 2022, and a green card was received signed on March 14, 2022. This is not a health and safety hazard. The City recommends a compliance date of May 20, 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 May 20, 20227 or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0658 Mangandid Walter A Property Address: 2401 NE 4th Street Property Type: Single-Family/Homesteaded Property Violation(s): SEC 4-13 Animals creating nuisance SEC 4-32 Leash law Officer Roehrich presented this case, which was a result of multiple citizen complaints. The initial inspection was February 3, 2022. This is not a repeat violator case. Notice was issued verbally on January 22, 2022, and multiple subsequent warnings were issued after Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 that. Written Notice pursuant to this process was issued on March 7, 2022, with 16 days to comply. Notice was sent Certified Mail on March 25, 2022, and the property and City Hall were posted on April 6, 2022. The violations involve three dogs, which she referred to as Walter. Walter currently owns three dogs: two Rottweilers and a Pit mix. There have been multiple citizen complaints that these dogs frequently get out. Part of the issue is a gate on Walter's driveway, and when vehicles come in and out, the animals have free range of the yard and tend to escape. The dogs ran to The Crossings, and one was picked up in Hypoluxo; they are also known to run north on NE 4t" Street. In addition to verbal warnings, leash law citations were issued on February 3, 2022, February 8, 2022, and March 1, 2022. She noted two citizens who have witnessed these violations and are concerned about their safety are present. Ms. Zalman mentioned there was 16 days of Notice and questioned if this continued after the verbal warnings. Officer Roehrich did not have any evidence they continued after that, but she knows one of the witnesses observed them loose after that and mentioned something to Walter or to one of his sons. She has not been provided with any evidence. Walter Mangandid, owner, was present. Kathleen Carroll, witness, was present. She resides at 22 Sea Crossing Circle in The Crossings, across the street from the Respondent's address. Ms. Zalman asked Ms. Carroll to tell what she has witnessed as well as her concerns. Ms. Carroll explained on the first occasion she went out in the evening in her wheelchair to the back of her car to get things she had left in there from the grocery store. As she was approaching the back of her car, two of the dogs, the black Pit mix, and one of the Rottweilers, came running around the side of Building #23; it appeared they were chasing something. When they saw her, they turned and started charging at her. She was sitting and the only thing she had in her hand was her key fob. She yelled at them very firmly and said, "Stop, go home". They seemed to take a slight pause, but continued running towards her, so she tripped her car alarm, at which point they stopped and ran the other way. She called the Police that night and communicated with Officer Roehrich, who said she had cited the Respondent. About two weeks later, she was coming home in the evening, around 6:30 p.m., and there was a car poised at the gate to go into the Respondent's property. A younger man opened the gate, and the three dogs ran out; one ran towards Federal Highway, and the other two, the Rottweiler and the Pit mix, ran into The Crossing property. Ms. Zalman questioned if Ms. Carroll recalled either of the dates of these incidents. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Carroll indicated there was a Police Report for one of the incidents and the second date was within the past four weeks. She did not call the Police the night of the second incident. The one dog that ran towards Federal Highway came back when the young man called him, but he had to chase the other two dogs. She stopped her car in the middle of the road when the dogs were standing at the gate. Any time she leaves her property and returns, she can see the three dogs standing at the gate waiting for someone to let them out. There are many people on the property who feed Ferrell cats, ducks, possums, raccoons, etc., and she sees the dogs chasing things a lot. Ms. Zalman asked if there were any specific questions for the witness. Officer Roehrich did not have any questions. The Respondent advised the dogs have not been out since the last incident; he fixed the problem. Christy McCullen, witness, was present. She resides on 22nd Avenue, which is in the development. Each morning several women walk and one morning only one woman walked with her. There have been several instances where the Police were not called, but they are aware and have been watching them. This usually happens on Saturdays or Sundays. This incident occurred on a Saturday morning and the dog came at them in a combative, aggressive stance. She was scared, climbed to the top of the car, and took a picture; the dog never moved. She called the Police at that time. There were three reports; one Saturday the dog mauled her cat, the second Saturday was her on top of a car, and the third week was Kathleen's incident. Ms. Zalman commented that the first report was due to the dog going after and mauling her cat. She asked Ms. McCullen if she climbed to the top of the car because she was in fear she was going to be attacked. Ms. McCullen stated she is 100 pounds wet, and this dog was in a combative, aggressive state; the stance can be seen in the picture. There was no coming off the car or doing anything until there was help. Ms. Zalman asked if there were any questions for the witness. There were no questions. She questioned if Officer Roehrich wanted to put anything in the record regarding the mauling of the cat. Officer Roehrich indicated the Police Reports that were filed are part of this file and included. If an Officer responds on a Sunday morning, which has happened a couple times, she will follow up to issue the leash law citation because no one issues that in her absence. The dates the Respondent was issued the Civil citations were specific to a couple of the incidents the witnesses described. As far as the date the property was last inspected, there is nothing to inspect. She would like to ask Walter how this can be Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 resolved if the dogs have access to the front yard and vehicles have to go in and out. She noted it is unlawful to chain an animal. Ms. Zalman advised this is way beyond dogs running around the neighborhood; there is testimony there was mauling and neighbors are fearful of imminent injury. These dogs are the types of dogs that can cause grave injury or kill. She would like Walter to address this and let them know how the problem has been resolved. The Respondent stated the dogs are not aggressive; they are big because they are Rottweilers. Maybe people are scared when they see the dogs, but they have never attacked anyone. He fixed the house, so the dogs cannot come to the entryway for the cars. Ms. Zalman asked if all three dogs are in the house. The Respondent replied yes. Before he had dogs, his house was broken into twice and that is why he has the dogs. He fixed the issue last week; there is a wood fence inside the property, and they cannot get out. Ms. Zalman questioned what would keep the dogs from running out they are running in the yard and the gate opens for a family member to visit. The Respondent indicated when they need to move the cars, they leave the dogs inside the fence, and he closes the gate with bungy cords. Officer Roehrich asked if the Respondent took her recommendation to have a second fence further back on the property in the carport area, so the dogs cannot get to the actual front yard, which allows them to get out of the gates. The Respondent stated when everyone leaves for work. he leaves the dogs running in the yard. Ms. Zalman questioned if the dogs can run out at the end of the day when everyone comes home from work. The Respondent replied there are two or three fences, and the dogs listen to him. Officer Roehrich commented the dogs do not listen to him or they would not be loose. Ms. Zalman asked what the City's recommendation is. Officer Roehrich advised due to the health and safety concern, she is recommending a minimum of a $500 fine per occurrence with an effective date of May 2, 2022. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 The Respondent mentioned he has already received three tickets. Officer Roehrich indicated if the dogs do not run loose after this Order, there will not be a fine. Ms. Zalman clarified the City is recommending if this occurs again the fine will be $500 for future occurrences. Officer Roehrich advised she is requesting a Cease and Desist. Ms. Zalman asked about administrative fees and costs. Officer Roehrich stated that is pursuant to the ordinance; she believes it is included or in addition to the $500 fine; the cost is $384.12. Ms. Zalman explained if this occurs again there will be a $500 fine each time. Because this had to come to the Hearing and different Code Officers had to go to the property to make reports, administrative fees and costs have incurred in the amount of $384.12 to date, which must be paid. An Order will be received via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a Cease and Desist and if this occurs again, there will be a $500 fine each time. As of this date, administrative fees and costs of$384.12 have incurred and must be paid. Case Hearing Case No. 19-0986 Stewart Thomas & Eileen Property Address: 944 Sunset Road Officer Karageorge advised this case complied and the City recommends waiving the administrative fee. Steve Branich was present. Ms. Zalman agreed with the City's recommendation. Decision Due to the City's request, Ms. Zalman waived administrative fees of $384.12 since the case complied. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Case Hearing Case No. 22-0152 Norelus Iglad Property Address: 1519 NE 1St Court Property Violation(s): As noted in Notice of Violation Officer Karageorge presented this case, which was a citizen complaint. The initial inspection was January 20, 2022. This is not a repeat violator, and this is not a health and safety hazard. The City recommends a compliance date by May 9, 2022, or a fine of$50 per day, plus administrative fees in the amount 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 May 9, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-1872 Andrews Susan J & George C Property Address: 1046 SW 27th Place Property Violation(s): Please obtain required Planning and Zoning permits for unpermitted installed fence. Officer Hart presented this case. A Courtesy Notice was issued on July 15, 2021, with 15 days to comply. Certified Mail was sent on February 4, 2022, and a signed green card was dated February 24, 2022. The violation still exists and the City recommends a compliance date of June 6, 2022, or a fine of$25 per day, plus administrative fees in the amount 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 June 6, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-2218 Sergil Patoucheca M & Evelt Property Address: 1077 SW 25th Way Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Property Type: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Unpermitted rear of home enclosure in progress. Please obtain the required Building permits. Contact 561-742-6350 to resolve. Officer Hart presented this case, which was a citizen complaint. The initial inspection was August 18, 2021. Written Notice was issued on August 19, 2021, with 30 days to comply. Notice was posted on the property and City Hall on April 8, 2022. Permits were applied for, but the Review cycle for the Electrical, Planning and Zoning, and Structural Review were disapproved. The property was last inspected on April 18, 2022. The City recommends a compliance date of May 20, 2022, or a fine of $50 per day, plus administrative fees in the amount of$384.12. Evelt Sergil, owner, was present. Ms. Zalman commented that it sounds like the Respondent applied for a permit, but the initial plans were rejected. She questioned if they were going to resubmit and how much time they need. The City is recommending until May 20, 2022. The Respondent could not say. She thought this was going to be an easy process, but it is more complicated. She has an architect working on the case and the price is high. She was trying to keep water from entering her patio. Ms. Zalman asked if the Architect gave her an idea of how long it would take. The Respondent thought it would take two months. Ms. Zalman questioned if there was an objection to extend the compliance date. Officer Hart replied he did not have an objection. He spoke with the Respondent when he did the posting, and she explained the problem she was having and that she might bring it back to its original state. Ms. Zalman entered a compliance date of June 30, 2022, and if not corrected by that date, the fine would be $50 per day. It is important that the architect stay in touch with the City. Administrative fees and costs in the amount of $384.12 have accrued and must be paid. An Order will be received via mail. Officer Hart advised this came as a citizen complaint. The Respondent stated that is not true, she came to the City and applied. She came to the City two times and the dates should be in the computer; she signed in. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Officer Hart did not have the actual dates the permits were applied for. He can get that information if necessary. Ms. Zalman asked if citizen complaints are anonymous. Officer Hart stated the complaints are not anonymous, they have the date, phone number, name, and address of the complainant. He advised the Respondent could do a Public Records request to find out who made the complaint. The Respondent asked if she still had to pay administrative fees even though she applied for a permit. Ms. Zalman stated she would meet the Respondent halfway and split the administrative fee to $192.06 because of her good faith. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 30, 2022, or a fine of$50 per day. Administrative fees of$192.06 have accrued and must be paid. Case Hearing Case No. 21-2634 Palm Beach Leisureville Property Address: 2000 SW 13th Avenue Property Type: Property Violation(s)- This case was removed for 60 days. Case Hearing Case No. 21-2720 SCG Atlas Boynton Holdings LLC Property Address: 100 New Lake Drive Property Type: Property Violation(s)- This case complied prior to the Hearing. Case Hearing Case No. 21-3150 Barnes Richard & Cathy Property Address: 232 SW 6th Street Property Violation(s): CO CH 13 SEC 13-7 inclusive CO CH 12 ART 1 SEC 13-16 Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 CO CH 20 SEC 20-8 Please obtain a Business Tax Receipt for rental property. Apply for and obtain a Certificate of Use and Occupancy Contact Building Department at 561-742-6350 to resolve. Recreational vehicles may not be occupied while stored in the residential zone. Officer Hart presented this case. A Courtesy Notice was issued on December 29, 2021, with 15 days to comply. The property and City Hall were posted on April 8, 2022. The recreational vehicle has been removed; however, the Business Tax Receipt has not been applied for. The City recommends a compliance date of May 20, 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. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of May 20, 20227 or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0333 Castor Clement & Adeline H Property Address: 754 SW 1St Avenue Property Type: Single-Family/Homesteaded Property Violation(s): CO CH10 SEC 10-52 Please remove all inoperable, unregistered vehicles from the property. All vehicles much have a valid and current tag and be operational. Officer Hart presented this case as the result of a citizen complaint. The initial inspection date was February 4, 2022. This is a repeat violator. Written Notice was issued on February 8, 2022, with 15 days to comply. A Notice was posted on the property and City Hall on April 8, 2022. As of yesterday, this property has come into compliance. Over the past two-year period, this is the eighth violation of the same ordinance; therefore, the City is seeking a Cease and Desist. Ms. Zalman questioned what the City would like the Cease and Desist to say. Officer Hart indicated the City would like a Cease and Desist not to bring unregistered, inoperable vehicles to the property, or there will be a fine of$500 per occurrence. Castor Clement, owner, was present. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Zalman indicated the Respondent has complied; the vehicles are gone. The City is proposing a Cease and Desist, which means if this happens again, each time there will be a $500 fine. Administrative Supervisor Tanya Guim advised she needs a date; the Respondent should be in compliance by a date or fined $500 per occurrence. Officer Hart stated the date would be immediately since it is complied now, as of yesterday. Ms. Zalman mentioned administrative fees and costs since it has been brought into compliance. Officer Hart indicated administrative costs are $384.12. Ms. Zalman stated she was charging administrative fees and costs in the amount of$50 because the violation is in compliance. Decision Due to evidence and testimony, Ms. Zalman ordered a Cease and Desist Order to comply immediately on April 20, 2022, or $500 per occurrence. Additionally, an Administrative cost of$50 was assessed. Case Hearing Case No. 22-0438 Ocean Michel & Sona Property Address: 1007 SW 27th Place Property Type: Single-Family/Non-Homesteaded Property Violation(s): CO CH10 SEC 10-51 CO CH 10 SEC 10-52 Please remove all vehicles that are inoperable from this property and from the right-of-way. Officer Hart presented this case, which was a routine inspection. The initial inspection was February 10, 2022. Written Notice was issued on February 10, 2022, with ten days to comply. Notice was posted on the property and City Hall on April 8, 2022. As of today, there is only one vehicle on the property that is not in compliance, and it is in the right-of- way. The last inspection date was April 19, 2022, and the violation still exists. The City recommends a compliance date of May 9, 2022, or Abatement by towing, and if they are unable to do that, a fine of$25 per day, plus administrative fees in the amount of$384.12 is recommended. Michel Ocean, owner, was present. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Zalman explained the City is recommending the vehicle be removed by May 9, 2022, or the City will tow the vehicle. The Respondent stated that is his son's vehicle; he put a battery in it, and he is going to drive it to his brother in Miami. Ms. Zalman advised the fine will be $25 per day for every day the vehicle is there, or it will be towed. She indicated that administrative fees and costs of$384.12 have accrued and must be paid. An Order will be received via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of May 9, 20227 or a fine of$25 per day, plus. Administrative fees of$384.12. If the Respondent does not comply by May 9, 2022, the City has the right to proceed to remove the vehicle from the property. Fine Certification Hearing Case No. 21-2872 Irache Partners LLC Property Address: 480 West Boynton Beach Boulevard Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permit for unpermitted enclosure and parking garage. Officer Estime presented this case. The Notice of Violation was November 17, 2021. The Special Magistrate Hearing was February 16, 2022, and no one appeared. A compliance date was set for February 28, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. The property was last inspected April 19, 2022, and the violation complied on March 31, 2022. There are 30 days of noncompliance at $100 per day. The fine is $3,000, plus administrative fees of$384.12, for a total of$3,384.12. Steven Jiram, Hotel Manager, and Suki Patel, owner, were present. Ms. Zalman stated the violation complied on March 31, 2022, and the fine stopped accruing. The City is asking to certify the fine in the amount of$3,384.12. Mr. Jiram explained they have had the property for ten years; this was an existing structure prior to their purchase. The City and Fire and Safety have visited their property more than 20 times over the past ten years and have never cited or advised them that the structure was not in compliance or unpermitted. After the February 16, 2022 Hearing, they took the recommendations, were proactive, and submitted all the documents required. The permitting process takes time as well as gathering quotes from Contractors. This Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 issue is something they inherited, and they have been working with the City to get this done. Ms. Zalman asked the date the permit application was submitted. Mr. Jiram thought it was two weeks after the Hearing date. Officer Estime indicated the application was submitted March 3, 2022 and was rejected by Intake on March 4, 2022. The Contractor did not submit any documents and that was rejected on March 15, 2022. The final submission was March 15, 2022. From March 15, 2022 to March 31, 2022, the City was reviewing the application. Ms. Zalman reduced the fine by $1,100 because once the paperwork was corrected and under City control, nothing could be done at that point. The amount of the certified fine will be $2,284.12. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$2,284.12, which includes administrative fees in the amount of$384.12. An Order will be received via mail. Fine Certification Hearing Note: Cases 21-2191, 21-2192, and 21-2193 were heard in tandem. Case No. 21-2191 Stapleton Robert & Jacque Property Address: 401 East Ocean Avenue, #2 Officer Weixler presented this case. The Special Magistrate Hearing was February 16, 2022, and the Respondent appeared. A compliance date was set for March 1, 2022, or a fine of $250 per day, plus administrative fees of $384.12. A required letter from an Engineer regarding installation of temporary stairs was received from the Building Official on March 22, 2022. The property was last inspected on March 22, 2022, and the violation complied on that date. There are 20 days of noncompliance. The fine for Order #1 is $5,000, plus administrative fees of$384.12. Ms. Zalman questioned if Order#1 was on the first or second floor. Officer Weixler thought Unit #2 is on the first floor. Order #2 is the same case and address. The Special Magistrate Hearing was February 16, 2022, and the Respondent appeared. A compliance date was set for March 18, 2022, or a fine of $150 per day. Administrative fees were assessed with Order #1. As of April Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 20, 2022, the violation still exists. There are 33 days of noncompliance, and the fine continues to accrue at $150 per day. The fine is $4,950. The total of Order#1 and Order#2, plus administrative fees, is $10,334.12. Order#2 was for the repair of stairs and pressure cleaning the building, and neither was completed. Order #1 was a letter from an Engineer stating the building is safe because there are cracks and temporary stairs are safe for people to use. Robert Stapleton, owner, was present. Ms. Zalman thought the last discussion was that the tenants moved out and they were working on temporary stairs, which were done. A letter was issued from the Engineer. There is still one Order accruing and one in compliance. The Respondent stated they are doing everything possible to move this forward as quickly as possible. Contracts are in place to do all the work and permits have been applied for. Brian Chase, with DMF Construction, advised they contracted with Boynton Center #5 on March 28, 2022, and they received the certification package from the Engineer. An application was submitted on April 1, 2022, and he noted the new permitting process is difficult. There were some issues, and the permit application came back abandoned the following Monday because they entered the wrong classification, which meant they had to restart the entire process. The permit application was again submitted on April 5, 2022, with more information and then they received review questions. He submitted 85 pages yesterday to the email for the Reviewer, Cody, since it would not go through Sage.gov. The application was sent back again saying the file was too large to send, but it was successful enough to send the 85 pages of supporting documentation with specifications and everything the Reviewers requested, plus additional information. Ms. Zalman commented the evidence shows this has not been ignored. From the moment it came before her it has been consistent; they have been working towards the goal of completion. Mr. Walker stated they want to get this finished and would like to have a nice-looking building. When they are finished, he wants to do remodeling inside. Frances D'Almeida, owner of two units, was present. She questioned if there was any way to extend the deadlines that were imposed; they were hard to complete. They had to get different bids, which are now in place, but it took time. Ms. Zalman asked if the permits have been submitted. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Mr. Walker stated permits have been submitted, but not approved. Ms. D'Almeida indicated pressure cleaning and painting the building by March 18, 2022, was not possible. Mr. Walker commented the repairs had to be done before pressure cleaning and painting. Officer Weixler stated the case was generated on August 11, 2021, and he read the original violation sent on August 25, 2021. The initial Notice was over eight months ago, and people live there. Mr. Walker reiterated they have been trying to get a Contractor. They had a Contractor who primarily works south, and it was extremely expensive due to traveling back and forth, so they had to find another Contractor. This is a small job, and it is hard to find a Contractor to take on a small job. They have a Contractor in place and the permits have been applied for. Ms. Zalman mentioned this is not Mr. Walker's Homestead and home for himself, it is an income profit-machine, and the building is being left in a dilapidated state to make income while other people have to live there; this is a balance. Deputy Building Official John Glover was present. He verified they have submitted for the permit and the first review was completed as of April 8, 2022. At this point, none of the applications have been approved, they have all been disapproved and they are waiting on corrections. If Mr. Walker lets them know when corrections are submitted, they will expedite the next round of reviews. Ms. Zalman asked Officer Weixler if it was agreeable to delay certification of the second Order and certify the first one since the permit is in progress. Officer Weixler was all right with a delay if Officer Pierre agrees. Ms. Zalman asked the City's opinion regarding delaying the second certification. Officer Pierre stated the property has looked bad for a long time and the owners know it and did nothing about it until they were cited. He would like to move forward certifying both Orders. Ms. Zalman advised this will continue to move forward because it is not in compliance. The first fine will be certified at $5,384.12, which includes administrative fees and costs. The second fine is still accruing at $4,950. Once this is completed, she would like the Respondent to bring it back through a Lien Reduction process with a timeline of when the permits were applied for and then perhaps credits can be given. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Deputy Building Official Glover stated there is a review process and they have gone through the first round. John Kuntzman has made it clear that he wants to do everything possible to expedite the permits, but they have to make sure they are reviewed properly and that they meet code. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $10,334.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2192 Boca Raton Design Property Address: 401 East Ocean Avenue, #3 Officer Weixler presented this case. The Special Magistrate Hearing was February 16, 2022, and the Homeowner's Association Representative appeared. A compliance date was set for March 1, 2022, or a fine of$250 per day, plus administrative fees of$384.12. The property was inspected on March 22, 2022 and was in compliance on that date. There are 20 days of noncompliance. The fine is $5,000, plus administrative fees of $384.12, for a total of$5,384.12 for Order#1. Order#2 is the same case. The Special Magistrate Hearing was February 16, 2022, and the Homeowner's Association Representative appeared. A compliance date was set for March 18, 2022, or a fine of $150 per day. The property was last inspected on April 20, 2022, and the violation still exists. There are 33 days of noncompliance, and the fine continues to accrue at $150 per day. The total fine is $4,950 for Order#2. The total fine for Order#1 and Order#2 is $10,334.12. Frances Delvega, owner, was present. They have made application and are waiting for a final permit, so they can continue with the job. Ms. Zalman certified the fine and recommended bringing back a timeline at a future date, so a credit can be considered during the application process as well as for any expenses done toward the property. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $10,334.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Case No. 21-2193 Boca Raton Design Property Address: 401 East Ocean Avenue, #4 Officer Weixler presented this case. The compliance date for Order #1 was March 1, 2022, or a fine of$250 per day. The property was last inspected on March 22, 2022, and the violation complied on that date. There are 20 days of noncompliance. The fine is $5,000, plus administrative fees of$384.12, for a total of$5,384.12. The Special Magistrate Hearing for Order#2 was February 16, 2022, and a Homeowner's Association Representative appeared. A compliance date was set for March 18, 2022, or a fine of$150 per day. The property was last inspected on April 20, 2022, and the violation still exists. There are 33 days of noncompliance, and the fine continues to accrue at $150 per day. The total fine is $4,950. Order#2 is the same case, with a total of$4,950. The total of Order#1 and #2 is $10,334.12. Frances Delvega, owner, was present. Ms. Zalman advised she is going to do this all together. She is going to certify the fine and review credits later. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $ 10,334.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-2505 SLOM LLC Property Address: 24 Crossings Circle, Unit B Officer Weixler presented this case. The Special Magistrate Hearing was January 19, 2022, and Tish Rodman appeared. A compliance date was set for February 21, 2022, or a fine of $100 per day, plus administrative fees. The property was inspected on April 1, 2022, and the property was in compliance. There are 38 days of noncompliance. The fine is $3,800, plus administrative fees of$384.12, for a total of$4,184.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 As no one was present to testify, Ms. Zalman certified the fine for $4,184.12, which includes administrative costs of$384.12. Fine Certification Hearing Case No. 21-1825 Boynton Beach Mall LLC Property Address: 801 North Congress Avenue Fire Inspector Moore presented this case. The Special Magistrate Hearing was February 16, 2022, and the Respondent appeared. A compliance date was set for March 10, 2022, or a fine of$50 per day, plus administrative fees of$100. The property was last inspected on April 18, 2022, and the violation still exists. There are 40 days of noncompliance, and the fine continues to accrue at $50 per day. The fine is $2,000, plus administrative fees of$100, for a total of$2,100. Jay Walker, and Rachel Torres, General Manager of the Mall, were present on behalf of the Boynton Beach Mall LLC. Ms. Zalman asked what the fine is still accruing. Mr. Walker advised they were here to request a second extension. This started with an Affidavit of Non-Compliance, which he provided for review. This began with about 189 violations and today they are here regarding one remaining item. He spoke with Fire Inspector Moore yesterday and noted they were down to two violations on February 15, 2022. The Mall has had a lot of turn-over recently and Ms. Torres, the new General Manager, has been in the process of getting some quotes. This violation is for the interior door entering into the Mall Management Office; they need a new fire rated door. Ms. Torres has received quotes and is ready to move forward. They hoped to have it installed last week, but a permit is required with the City even though they are not changing the frame, only the hinges. Permitting is a three to five-day process and Ms. Torres hopes to enter that today if the Contractor will get the final specifications. This property is over one- million square feet. There request is that the Special Magistrate forego the fine and give them another 30 days to get this done. Ms. Torres indicated they are ready to turn in the permit, probably later today, she is just waiting for a little information from the Contractor. The reason this has been delayed is because the first bid was extremely high and they have to be conscious of pricing, especially with a corporation. They now have a more reasonable bid and are ready to turn in the permit. Fire Inspector Moore stated they are not asking for the work to be completed, for the permit to be approved, or for the work to be done, but a permit application or providing a Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 permit application for proposed work should not take more than two weeks. He wants the building to be in compliance and safe. Because the violation stemmed from citations from the year prior, his concern is granting another exception when they do not have a permit application in the system to date. Ms. Zalman agreed. The only time to discuss reducing the fine is at a Lien Reduction Hearing later once this is resolved. This has come back to her still pending and it falls under the Fire, Code, and Safety issue, which process she is not going to hold. If this happens quickly, they can apply for a Lien Reduction process and come back with an argument, timeline, and costs. Mr. Walker mentioned the fine is still accruing and he thinks the big issue for them is having a lien on the property when there is no reason to; they will pay the fine. Ms. Zalman thinks a lien should go on the property because it falls under Fire, Safety, and Code. She asked if the property is for sale. Mr. Walker stated he does not like to have liens on the property. They are willing to pay, but he needs a number. Ms. Zalman commented that the Fire Inspector was not asking for completion,just for the process of the permit application to be going through. Officer Pierre advised the fine cannot be paid if the violation has not complied. Ms. Zalman indicated she is constrained by the Rules and Ordinances of the City of Boynton Beach, and she has to order based on how it is written in law. Mr. Walker questioned if the ruling could be held for two weeks while they get the process going. Ms. Zalman replied no. Her recommendation was to continue working closely with Fire and Safety. Every building in Boynton Beach commercially goes through the same process. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,100, which includes administrative fees in the amount of$100. Fine Certification Hearing Case No. 21-1439 Valeus Angenor & Vil Nadege Property Address: 305 Glen Arbor Terrace Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Officer Hart presented this case. The Special Magistrate Hearing was February 16, 2022, and the Respondent did not appear. A compliance date was set for March 18, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. The property was last inspected on April 19, 2022, and the violation still existed. There are 33 days of noncompliance, and the fine continues to accrue at $50 per day. As of today, the fine is $1,650, plus administrative fees in the amount of$384.12, for a total of$2,034.12. Angenor Valeus, owner, and Berl Gentry, with Gentry Engineering, were present. Ms. Zalman questioned the status of getting this into compliance. Mr. Gentry stated the Respondent did an enclosure of a carport. He came to the Building Department with the Respondent several times to try to expedite the permit, but he did not have a computer and was unable to do anything. They spoke with the ladies who do Intake in the Building Department, and they assisted the Respondent on how to get his email address logged in. The Respondent came to his office, and he assisted him through the process; unfortunately, the Respondent does not understand a lot of this. He prepared the plans the Respondent asked for and he is in position to get a Building permit. He wants to get everything done and the only problem is getting a Contractor. He has talked to many Contractors with the Respondent, but they have not discussed that yet. Ms. Zalman questioned how long this process will take. Mr. Gentry thought it would take less than a week to get everything submitted; he cannot speak for the City. Ms. Zalman questioned if there was an objection to delaying certification of this fine since there is evidence the Engineer is present and they are working on this. Officer Estime replied he did not object, but cautioned the permits were originally applied for on April 16, 2021, and rejected on May 22, 2021, and further action was not taken in almost a year. Mr. Gentry stated he has worked with the City of Boynton Beach for almost 50 years on many of these types of applications and has never had any problems. The process is very confusing to someone like his client. Officer Pierre indicated they could extend the certification. Ms. Zalman advised the fine would still accrue every day but will not be certified at this time. Mr. Gentry believed this would be in compliance next month. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Zalman suggested the Respondent provide a timeline of when he applied, who he hired, and what he spent, at the next meeting. She tabled the case for 30 days. Decision Due to evidence and testimony, Ms. Zalman did not certify the fine on this date and tabled the case for 30 days. There is no Order, and the fine will continue to accrue every day. Fine Certification Hearing Case No. 21-2737 Florida Investment & Trade LLC Property Address: 700 West Industrial Avenue Officer Hart presented this case. The Special Magistrate Hearing was February 16, 2022, and the Respondent did not appear. A compliance date was set for March 18, 2022, or a fine of$50 per day, plus administrative fees of$384.12. The property was last inspected on April 19, 2022, and the violation still exists. There are 33 days of noncompliance, and the fine continues to accrue at $50 per day. As of today, the fine is $1,650, plus administrative fees of$384.12, for a total of$2,034.12. 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 certified the fine of $2,034.12, which includes administrative fees in the amount of$384.12. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:25 a.m. and ended at 10:34 a.m. NOTE: Cases 11-1614, 11-2980, 11-2981, and 16-1443 were heard in tandem. All the findings are listed in the first Case, Case 11-1614, under Decision. Case No. 11-1614 Dvoracek John & E W Lammi Property Address: 1460 NW 1St Street Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was June 23, 2011. A Special Magistrate Hearing was August 17, 2011, and no one appeared. A compliance date was set for August 27, 2011, or a fine of $200 per day. The Respondent complied March 1, Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 2012. There are 186 days of noncompliance at$200 per day. The total fine is $37,834.12, including the administrative fee. Jack Alfasi, new owner, was present. In response to Ms. Zalman, Mr. Alfasi stated they took title under Equinox Realty; the previous owner is deceased, and the property is an Estate. Ms. Zalman advised there is a fine of about $129,286 collectively. She questioned what the property is currently being used for and if there are tenants. Mr. Alfasi indicated the property is vacant and they brought it into compliance. Ms. Zalman asked if Mr. Alfasi was hoping to resell the property or use it for tenants. Mr. Alfasi replied the process is to open Probate and finish with the Estate, then they will either sell or renovate the property. Ms. Zalman questioned how much was spent to bring the property into compliance. Mr. Alfasi stated the cost for installation of sod in the front yard was a little over $4,000. They probably spent at least $12,000 because they painted, hired someone to grind stumps, and put in a new driveway. Ms. Zalman asked what they were hoping for in terms of a fine reduction. Mr. Alfasi advised he was hoping for the least possible fine. Officer Pierre indicated the property was in bad condition and a lot of money was spent to bring it into compliance. There were also mowing liens and water bills, which were paid. The City would like 10% of the lien. Ms. Zalman stated 10% would be $12,928.65. Mr. Alfasi thought they had a chance for 5% since everything was completed. Officer Pierre stated the City was agreeable to 5%. Ms. Zalman advised 5% would be $6,464.32. She was agreeable to that amount and noted this must go to the City Commission for approval. Because there are four cases, she will split them into three amounts and the last one will be administrative fees and costs in the amount of$384.12. Decision Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Due to evidence and testimony, Ms. Zalman certified the fine of$6,464.32, which will be split between four cases, with the fourth case being administrative fees and costs in the amount of$384.12. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:25 a.m. and ended at 10:34 a.m. Case No. 11-2980 Dvoracek John & E W Lammi Property Address: 1460 NW 1St Street Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was October 26, 2011. The Special Magistrate Hearing was on December 21, 2011, and no one appeared. A compliance date was set for December 31, 2011, or a fine of $300 per day. The Respondent complied March 1, 2011. There are 60 days of noncompliance at $300 per day. The total fine is $18,634.12, including the administrative fee. Decision Findings for all four cases are listed in the first Case, Case 11-1614, under Decision. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:25 a.m. and ended at 10:34 a.m. Case No. 11-2981 Dvoracek John & E W Lammi Property Address: 1460 NW 1St Street Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was October 26, 2011. The Special Magistrate Hearing was on February 15, 2021, and no one appeared. The Respondent complied on February 25, 2012, or a fine of$500 per day. There are 76 days of noncompliance at $500 per day. The total fine is $38,634.12, including the administrative fee. Decision Findings for all four cases are listed in the first Case, Case 11-1614, under Decision. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:34 a.m. and ended at 10:41 a.m. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Case No. 14-1966 Boynton Beach Fifth Avenue Realty Property Address: 315 NE 5t" Avenue Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was September 19, 2014. The Special Magistrate Hearing was on October 15, 2014, and no one appeared. A compliance date was set for October 5, 2014, or a fine of$200 per day. The Respondent complied March 4, 2015. There are 129 days of noncompliance at$200 per day. The total fine is $26,434.12, including the administrative fee. Ray Smith, new owner, was present. In response to Ms. Zalman, Mr. Smith did not recall the exact date he purchased the property, but stated he bought it on a Short Sale. He took care of the violations and thought he was finished. Later, an Inspector came to the property at which time there were other things they did not like. He fixed everything possible and then it slipped again due to COVID. Ms. Zalman asked how much was spent when repairs first began. Mr. Smith stated he had to clean up the property; it was a mess. He uses the property to store his toys, but he is trying to sell the property. Ms. Zalman commented that to sell the property the lien must be paid. She asked if Mr. Smith knew the value of the property. Mr. Smith stated it is two properties; it is shown as two lots, but everyone refers to it as 315 NE 5t" Avenue. Ms. Zalman questioned what Mr. Smith hoped to reduce the lien to. The lien is $267434.12. Mr. Smith stated the two times he was asked to address things he did so; he just never went through the entire process of getting it finished. Ms. Zalman advised whatever is ordered must be paid within 90 days; otherwise, it will revert to the original fine. Officer Pierre indicated the City recommendation is 5% of the lien. Ms. Zalman stated that 5% would be $1,321.70. She noted that after this is approved by the City Commission, he will receive the Order via mail. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Mr. Smith questioned what address the City has because he does not have a mailbox. Tanya Guim, Administrative Supervisor, stated she would use the information provided on the application. Ms. Zalman suggested Mr. Smith contact the City to follow up if he does not receive anything in the mail in the next couple of weeks. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,321.70, which includes administrative fees in the amount of $384.12. This fine must be paid within 90 days; otherwise, it will revert to the original amount. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:41 a.m. and ended at 10:47 a.m. NOTE: Cases 16-0650 and 16-0765 were heard in tandem. All the findings are listed in the first Case, Case 16-0650, under Decision. Case No. 16-0650 50 Friends Funds Capital LLC Property Address: 424 SW 10th Avenue Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was March 28, 2016. The Special Magistrate Hearing was June 15, 2016, and no one appeared. A compliance date was set for June 25, 2016, or a fine of $100 per day. The Respondent complied September 29, 2016. There are 64 days of noncompliance at $100 per day. The total fine is $7,034.12, including the administrative fee. Morton Anicette, owner, was present. Ms. Zalman commented that between the two cases, the lien appears to be about $14,068.24, which includes administrative fees. Mr. Anicette explained he was being charged for grass, but he did not understand the Order because he did not speak English, so he never laid the sod. Officer Pierre was made aware of this. He stated his mother has been living at the property for about four years, but he has to move her out so he can rent the property. He pays 17% interest on the property and the situation is strong. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Officer Pierre advised that Mr. Anicette told him the letter said sod, but he did not know what sod was, and that was the situation. He noted that the City will agree to 5% of the lien. Ms. Zalman stated 5% would be $703.41. Mr. Anicette agreed with the fine and stated he already paid a portion of the lien. Ms. Zalman mentioned she would like to reduce the fine further due to Mr. Anicette's testimony and the economic hardship. She asked how much Mr. Anicette paid for the sod. Mr. Anicette stated the cost was about $1,500. Ms. Zalman reduced the fine to $500.41. The Order will be received in a couple weeks via mail and the fine must be paid within 90 days or it will revert to the original fine. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$500.41, which includes administrative fees in the amount of $384.12. The Order will be received via mail in a couple of weeks. The fine is payable within 90 days, or it will revert to the original amount. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:41 a.m. and ended at 10:47 a.m. Case No. 16-0765 50 Friends Funds Capital LLC Property Address: 424 SW 10th Avenue Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was April 15, 2016. The Special Magistrate Hearing was June 15, 2016, and no one appeared. A compliance date was set for June 25, 2016, or a fine of $100 per day. The Respondent complied September 29, 2016. There are 64 days of noncompliance at $100 per day. The total fine is $7,034.12, including the administrative fee. Decision Findings for both cases are listed in the first Case, Case 16-0650, under Decision. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:25 a.m. and ended at 10:34 a.m. Case No. 16-1443 Dvoracek John & E W Lammi Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Property Address: 1460 NW 1St Street Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was November 12, 2016. The Special Magistrate Hearing was November 16, 2016, and no one appeared.A compliance date was set for December 5, 2016, or a fine of$500 per day. The Respondent complied February 12, 2017. There are 68 days of noncompliance at $500 per day. The total fine is $34,634.12, including the administrative fee. Decision Findings for all four cases are listed in the first Case, Case 11-1614, under Decision. Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:47 a.m. and ended at 10:56 a.m. Case No. 21-0837 Rodriguez James C & Kristine Property Address: 711 SW 27th Way Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was April 1, 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 $100 per day. The Respondent complied April 8, 2022. There are 184 days of noncompliance at $100 per day. The total fine is $18,784.12, including the administrative fee. Kristine and James Rodriguez, owners, were present. Ms. Rodriguez explained when they first hired a contractor they did not live here, they lived in Virginia. Her workers did the work because they did not know a contractor to hire. It took a while to find someone who would file for a permit and when they hired someone, they did not communicate with them. She attended the September 15, 2021 Special Magistrate Hearing four months after they began accruing $100 per day. On that date, she was told take care of this as soon as possible and come back. Because it was Christmas, they knocked down the $6,000 structure one week later. When she told the Contractor it was approved, he apologized and said he never included the pavers, so now they are back to square one. She again flew down here and met with Robert, Juan, and Luis to ask what she needed to do. She had to move the 12-foot barbecue grill with granite forward two feet and remove all the pavers along the perimeter. There were renters in the house, and they had to wait for them to leave. Finally, $15,800 later, they removed all the pavers, moved the bar forward, and she had Juan come with her and the Inspector to show her what else needed to be done. That took two months, and everything was finally Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 approved in February, but then an inspection was needed, and the Contractor was not available. Her and her husband flew down in April to meet the Inspector for finalization. Ms. Zalman commented that the Respondents never ignored the situation and did the best they could. Ms. Rodriguez stated they hired the Contractor in September, a month before they were charged the $100 per day fine. He told her she could not see the review, only he could see it, so she was unable to see what was being sent to him. Permits were rejected approximately eight times due to insufficient information. Ms. Zalman questioned if the Contractor was the person who finalized everything. Ms. Rodriguez stated he did not finalize it; they flew down here, and she took charge. Ms. Zalman asked if Ms. Rodriguez was pursuing any kind of claim against the Contractor. Ms. Rodriguez replied that she is tired, and it is almost done. They have flown down here seven times. She has six children and a grandchild, and she is leaving her mother to watch her children so she can come down here, while thinking about the $100 fine every day. Ms. Zalman questioned if they are going to continue renting the property. Ms. Rodriguez stated she is scared to do this again, but now she knows to get the permits and hire the right Contractor. They are currently renting the property for a few more months and then will reevaluate. Officer Pierre indicated to be consistent, the City will recommend 5%. Ms. Zalman stated 5% would be $931.12. She questioned how much was spent on the property. Ms. Rodriguez replied $15,832 and then the structure itself was $6,000, so they are at $22,000. Ms. Zalman reduced the fine to $463.52. An Order will be received via mail in two weeks. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$463.52, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Lien Reduction Hearing NOTE: This was a RUSH. The item started at 10:56 a.m. and ended at 11:10 a.m. Case No. 21-1095 Boynton Partners LLC Property Address: 180 SW 3rd Avenue Property Violation(s): As noted below Officer Pierre presented this case. The Notice of Violation was April 29, 2021. The Special Magistrate Hearing was October 18, 2021, and no one appeared. A compliance date was set for September 2, 2021, or a fine of$25 per day. The Respondent complied March 17, 2022. There are 285 days of noncompliance at $25 per day. The total fine is $4,725, including the administrative fee. David Billatere Schulman, owner, was present. Ms. Zalman questioned why this fine accrued because she has a form in front of her with a Fire Inspection invoice. The Respondent indicated this is a warehouse building and there was a small fire there. He thought the Fire Inspectors said it was an electrical issue. The electrical issue was taken care of within a week and the cost was about $8,000 to put a new service in, but they never contacted the City. Ms. Zalman commented there are many Boynton Partners LLC cases that she keeps doing Orders for. The Respondent explained that he founded the property in 2005-2006 and was then approached by a developer to convert to condominiums or townhome units. The individual they went into business with renovated the units and sold approximately 42 of the 90 that are there. They have just gone through major litigation; this was basically a hostile takeover of the property. He had no control and no idea about the liens; he has not had anything to do with the property since 2006. He just retained control through Judge Tudor in Broward County. The property also went into Receivership for about a year and a half, and none of the liens were forwarded to him. Ms. Zalman asked if that information was corrected in Public Records. The Respondent replied the information was corrected. He took the property over in November through a Court Order and is back in charge. Most of the liens are minor and were not addressed because he did not know about them. Now that he knows, he will attend Hearings personally as the owner to represent himself and the property. He mentioned the moratorium for rent and stated that no one paid rent and they are out hundreds of thousands of dollars, but that problem was corrected. Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Zalman referenced the Fire Inspection invoice and asked Officer Pierre if this was an invoice that accrued a daily fine. Officer Pierre stated it was an invoice, which he thought was paid. He noted that administrative fees have multiplied because there are at least five overdue Fire Inspections. Ms. Zalman commented that a daily fine was probably accruing. The Respondent reiterated they never called the Inspector for an inspection. Officer Pierre indicated this property is a nightmare for the City. The Respondent asked if it was the whole property or just the units he owns; he does not own all of them. Ms. Zalman stated Boynton Partners, LLC is constantly coming before them; there must be endless Orders. Officer Pierre advised there is a trash issue at the property all the time and neighbors are complaining. The Respondent stated there is illegal dumping they cannot control, and they are working with the Police Department. Officer Pierre indicated the City would like to be paid for the whole lien. Ms. Zalman advised the City recommendation is for the full lien of$4,725. The Respondent stated this is not his responsibility; he did not know about this. He is doing his best and would like the City to help him. Ms. Zalman believes Mr. Schulman is going to be involved and thinks more cases will come before her, so there will be an expense. She does not think the City should be penalized for something that was happening internally, but that is not Mr. Schulman's fault personally; he was restrained because of the Court issue. The Respondent advised he only owns half the units, so he is not responsible for every unit that has an issue. Ms. Zalman mentioned the property at 180 SW 3rd Avenue. The Respondent stated that is a warehouse, no one lives there. Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida April 20, 2022 Ms. Zalman does not know how many issues there are with the warehouse. The lien is for $4,725 and she is taking into consideration invoices that were paid. She reduced the fine to $1,725. Tanya Guim, Administrative Supervisor, advised Mr. Schulman will be speaking for two other cases that are not Lien Reductions. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $1,725, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:34 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 34