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Minutes 06-15-22 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, JUNE 15, 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 Charnise 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 9:03 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 2 22-0549 Removed 8 21-2663 Removed 10 22-0855 Complied 11 22-1543 Closed due to change of ownership 15 21-2277 Complied 16 21-2410 Complied 19 21-2904 Complied 20 22-0259 Removed 30 days 21 22-0310 Removed 30 days 22 22-0338 Removed 30 days 23 22-0614 Complied 29 21-0898 Tabled 30 days 30 20-1648 Tabled 60 days Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Ms. Guim rescinded an Order from the April Hearing. Case No.: 21-1623 Property Owner: Crossings Master Assn. Inc. Property Address: 36 Crossings Circle Ms. Guim advised the City would like to rescind this Order for no service and they will bring the case back by the July or August Hearing. Ms. Zalman asked if the actual Order was mailed. Ms. Guim replied no. A new amended letter was sent to the right people with the correct information. Decision Ms. Zalman considered the Order rescinded. IV. NEW BUSINESS Case Hearing Case No. 22-0467 Miller Christopher Jr. Property Address: 149 NW 13th Avenue Property Type: Multi-Family Property Violation(s): As noted in Notice of Violation Officer Estime presented this case, which was a routine inspection on February 14, 2022. The Respondent is not a repeat offender. A Courtesy Notice was issued on February 18, 2022, with 21 days to comply. The property was posted on June 1, 2022. The property was last inspected on June 13, 2022. This is not a health and safety hazard. The City recommends a compliance date of July 15, 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 July 15, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Case Hearing Case No. 22-0549 Sharp Henry Property Address: 214 NW 5t" Avenue This case was removed for 30 days. Case Hearing Case No. 22-0742 Merveilleux, Cedric & Giovanni Property Address: 421 NW 3rd Street Property Type: Single Family/Homesteaded Property Violation(s): As noted in Notice of Violation Officer Nunn presented this case, which was a routine inspection on March 17, 2022. This is not a repeat offender. A Courtesy Notice was issued on March 4, 2022, with 14 days to comply. Certified mail was sent, and a signed green card was dated May 5, 2022. The property was last inspected on June 13, 2022. This is not a health and safety hazard. The City recommends a compliance date of July 7, 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 July 7, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-2055 Sunny Side in Florida IVZ LLC Property Address: 135 SW 3rd Avenue Property Violation(s): As noted in Notice of Violation Officer Nunn presented this case. This is not a repeat violator. Written Notice was issued on August 9, 2021, with eight days to comply. Certified mail was sent April 28, 2022, and a signed green card was dated May 4, 2022. This is not a health and safety hazard. The City recommends a compliance date of July 15, 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. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of July 15, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0634 Geta Real Estate LLC Property Address: 301 SW 9t" Avenue Property Type: Single Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Building Permit CO CH 15 SEC 15-120D1A Please obtain a building permit for all structural, mechanical, electrical, plumbing, and remodel construction as required. Please properly dispose of all trash, debris, and materials on property. Officer Nunn presented this case, which was a routine inspection on March 4, 2022. This is not a repeat violator. Written Notice was issued on March 7, 2022, with 30 days to comply. Certified mail was sent April 14, 2022, and a signed green card was dated April 21, 2022. On March 4, 2022, the property was observed with ongoing exterior and interior construction as well as demolition to include structural construction on the garage and the rear of the structure. There were no approved permits or applied permits for this property. As of this date, there has been no attempt by the Respondent to apply for or obtain any permits and the property sits with uncompleted construction. The property was last inspected on June 15, 2022; photographs were submitted. This is not a health and safety hazard. The City recommends a compliance date of August 15, 2022, or a fine of$50 per day, plus administrative fees of $384.12. He has not received an Affidavit but received information this morning that the Contractor, with the property owner, is establishing a contract to address the issues. Duane McGraw, Contractor with Prestige Contracting Group, was present. Ms. Zalman asked if Officer Nunn wanted to submit Mr. McGraw as evidence for the City and if not, he cannot speak. Officer Nunn replied no. Ms. Zalman explained that Mr. McGraw is supposed to have an Affidavit from the owner in order to present evidence. She will enter an Order and stated that Mr. McGraw could speak with Officer Nunn after the Hearing. She asked if Officer Nunn spoke to Mr. McGraw regarding how much time is needed. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Officer Nunn stated they briefly spoke, and he believes Mr. McGraw has not seen everything that needs to be done. Ms. Zalman indicated she would table this case for a moment, so they could speak to see if there is any change in the recommendation and if the August 15, 2022 date still stands. There is the issue of the garbage and trash, which she thinks should be a different date as it could be cleared sooner. This case was recalled at 9:43 a.m. Officer Nunn advised Mr. McGraw has seen the property a little, but he did not know the details because drawings and additional permits will be required. He has not seen the interior of the structure, but indicated he signed a contract. The City's recommendation is to extend the compliance date for 90 days to allow time to get architectural drawings and permits. Mr. McGraw will contact Officer Nunn if anything falls through. He noted the trash has been removed. Ms. Zalman entered an Order to comply by September 30, 2022; otherwise, there will be a fine of$50 per day. Administrative fees have accrued in the amount of$384.12, which will be included in the Order. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 30, 2022, or a fine of$50 per day. Administrative fees have accrued in the amount of$384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-0818 Panzer Janice Nancy Property Address: 3617 Stratton Lane Property Type: Single-Family/Homesteaded Property Violation(s): CO CH 15 SEC 15-120D1A CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D A green pool, a health and safety hazard, please clean immediately. Please remove all inoperable vehicles from the property. Please attach missing house number to exterior of the property. Officer Hill presented this case, which was a citizen's complaint on March 25, 2022. This is not a repeat violator. Written Notice was issued on March 31, 2022, with ten days to comply. Certified mail was sent on May 2, 2022, and Notice was posted on the property Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 and City Hall on June 1, 2022. This property was cited in June 2020, for a green pool. The previous case was closed and recited on March 25, 2022, so she could confirm if the violation existed. The previous Officer gave multiple extensions due to a multitude of reasons from the owner. She has spoken to the Respondent quite a few times and no action has been taken as of the last inspection date on June 1, 2022. This is a health and safety hazard due to the pool being green and filled with dirt. The City recommends a compliance date of June 27, 2022, or a fine of $250 per day, plus administrative fees in the amount of$384.12. Janice Nancy Panzer, owner, was present., Ms. Zalman advised this has been pending for a long time and an Order must be entered. The City is recommending compliance by June 27, 2022, and she asked if the Respondent was in the process of taking care of this. The Respondent indicated she has a contract for the pool; the four prior companies were no-shows. She submitted a contract with Barefoot Pools and noted it is a three-day process. They cannot begin until June 22, 2022, and it will be completed on June 24, 2022. She apologized for the delay and stated she was hit by a truck. She stated there is no inoperable vehicle on the property; the sticker was not on the vehicle, but the vehicle was completely registered. In the interim, she received a new license plate with the sticker attached; she submitted the new registration for review. She is currently driving another vehicle because there was an electrical issue with the Jaguar in the driveway. As far as the missing house number, it was replaced a few weeks ago. Ms. Zalman has seen the signed contract and it looks like the pool will be done before June 27, 2022; the house number has been replaced, and the license plate issue was taken care of. She did not think there would be a problem with the recommended compliance date of June 27, 2022, which she is going to extend to June 30, 2022, just in case the Contractor needs a couple extra days. An Order will be received in the mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of June 30, 20227 or a fine of$250 per day, plus Administrative fees in the amount of$384.12. Case Hearing Case No. 20-3070 Jimenez Felix P Property Address: 2210 NE 3rd Court Type of Property: Single Family/Homesteaded Type of Violation(s): As noted in Notice of Violation Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Officer Guillaume presented this case, which was a routine inspection on December 9, 2020. This is not a repeat violator. A door hanger was left at the property. The property and City Hall were posted on June 1, 2022. The property was last inspected on June 14, 2022. The City recommends a compliance date of July 15, 2022, or $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 July 15, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-2663 Guillaume Dario Property Address: 3480 Ocean Parkway This case complied prior to the Hearing. Case Hearing Case No. 22-0602 Crossings Master Assn. Inc. Property Address: 36 Crossings Circle Property Type: Commercial Property Violation(s): CO CH 10 SEC 10-56D Please repair all stairs Contact the Building Department at 561-742-6350 to apply. Officer Guillaume presented this case, which was a complaint on March 4, 2022. This is not a repeat violator. A Courtesy Notice was given with 15 days to comply. Notice was posted at City Hall and on the property on June 1, 2022. The property was last inspected on June 14, 2022. This is a health and safety hazard. The City recommends a compliance date of July 15, 2022, or $100 per day, plus administrative fees of$384.12. Joe Feldtcamp, President of Homeowner's Association, was present. Ms. Zalman advised the City is recommending compliance by July 15, 2022, and she requested the status. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 The Respondent indicated he just received an email saying the permit was submitted, but he was not sure how long it would take to get the permit. Once the permit is received, it is a two-day job. Supervisor Pierre did not know how long the permit process is running and one of the Officers said it was about two weeks. Ms. Zalman commented if the permit takes two weeks and the job is two days, it is about a month. She suggested the Respondent stay in touch with the City to let them know there is a pending Order for July 15, 2022. An Order will be received in the mail. She extended the compliance date to July 20, 2022; otherwise, the fine is $100 per day. Administrative fees have accrued in the amount of $384.12 and will be included in the Order. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 20, 20227 or a fine of $100 per day. Administrative fees have accrued in the amount of $384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-0855 Max Neighborhood Grocery Store Property Address: 3015 Ocean Parkway This case complied prior to the Hearing. Case Hearing Case No. 22-1543 Lahens Nevert & Esperant Property Address: 1471 NW 3rd Street This case was closed due to change of ownership. Case Hearing Case No. 21-2750 Creegan Jeffrey M Property Address: 111 SE 31St Avenue Type of Property: Single Family/Non-Homesteaded Type of Violation(s): As noted in Notice of Violation Officer Karageorge presented this case, which was a routine inspection on October 21, 2021. This is not a repeat violator. A Courtesy Notice was issued on October 25, 20217 with 30 days to comply. Certified mail was sent on April 18, 2022, and a signed green Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 card was received on April 22, 2022. This is not a health and safety hazard. The City recommends a compliance date of August 1, 2022, or a fine of $50 per day, plus administrative fees of$384.12. Ms. Zalman asked if the Respondent applied for a permit. Officer Karageorge replied no. This has been in Plan Check since January 11, 2022, and during discussions with the Permitting Department, the Respondent has not responded to their questions. He has left multiple voice mail messages and there has been no response. 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 August 1, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0209 Hoofnagle Brian Property Address: 902 Mission Hill Road Type of Violation(s): As noted in Notice of Violation Officer Karageorge presented this case, which was a routine inspection on January 24, 2022. This is not a repeat violator. Verbal Notice was issued on January 24, 2022, with 15 days to comply. The Respondent told the previous Officer he was going to submit a permit the first week of February, but he did not. On June 1, 2022, when the Respondent signed the posting for the Notice of Hearing, he said he was going to apply for a permit the next day, and he did not. As of this date, the Respondent has not applied for a permit. The City is recommending a compliance date of August 1, 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 August 1, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Case Hearing Case No. 22-0316 SRP Sub LLC Property Address: 192 SE 27th Court Type of Property: Single Family/Homesteaded Type of Violation(s): CO CH 15 SEC 15-120D1 D CO CH 10 SEC 10-56B Please install sod in dead areas of the yard. Please repair or replace sidewalk walkways. Permit may be required. Contact Building Department at 561-742-6350 for details. Officer Karageorge presented this case, which was a routine inspection on February 2, 2022. This is not a repeat violator. A Courtesy Notice was issued on February 2, 2022, with 30 days to comply. The property and City Hall were posted on June 1, 2022. Sod has been installed, but the walkway still has a lot of trip hazards. The property was last inspected on June 14, 2022. This is a health and safety hazard. The City recommends a compliance date of July 15, 2022, or a fine of $50 per day, plus administrative fees of $384.12. Danielle McMahon, Senior Specialist, representing Invitation Homes, was present. Ms. McMahon submitted authorization to attend the Hearing on behalf of the Respondent. Ms. Zalman stated the City is recommending until July 15, 2022, to repair the sidewalk, which is a health and safety hazard. She asked if there is a plan in effect. Ms. McMahon requested July 30, 2022, as a compliance date. They submitted an application and are working with the City to get this resolved as soon as possible. Once permits are approved, the job will take seven to ten days. Officer Karageorge indicated the application was submitted on Monday and was in the system as of June 14, 2022. He did not have a problem with extending the compliance date to July 30, 2022. Ms. Zalman advised an Order will be entered for July 30, 2022; otherwise, there will be a fine of $50 per day. Administrative fees of $384.12 have accrued and will be included in the Order. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 30, 20227 or a fine of $50 per day. Administrative fees have accrued in the amount of $384.12, which will be in the Order and must be paid. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Case Hearing Case No. 21-2277 Louidort Marcel Property Address: 306 Belmont Place This case complied prior to the Hearing. Case Hearing Case No. 21-2410 Indian Whalers Players Corp. Property Address: 2301 South Congress Avenue This case came into compliance prior to the Hearing. Case Hearing Case No. 21-2476 Indian Whalers Players Corp. Property Address: 2301 South Congress Avenue Type of Property: Multi-Family Type of Violation(s): LDR CH 2 ART 4 SEC 2A2 Building permit required for unpermitted exterior door on back patio. Officer Weixler presented this case on behalf of Officer Hart. This case was a citizen's complaint, and the inspection was on September 17, 2021. The Respondent is not a repeat violator. A Courtesy Notice was issued on September 17, 2021, with 15 days to comply. Certified mail was sent on April 13, 2022, and a signed green card was dated April 20, 2022. The permit, 22-476, for the front door for the same unit, was applied for; however, it was disapproved; they did not apply for a back door permit. The property was last inspected on June 14, 2022. This is not a life safety hazard. The City recommends a compliance date of July 15, 2022, or a fine of $25 per day, plus administrative fees of $384.12. John Sessions, owner's representative, was present. Mr. Sessions submitted an authorized digital copy to attend the Hearing on behalf of the Respondent. Ms. Zalman mentioned there is a door that needs a permit. Mr. Sessions understood the front door needed a permit and not the patio door. Officer Weixler briefly explained this prior to the Hearing, and he is more than willing to comply with the July 15, 2022 compliance date. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Ms. Zalman asked if Mr. Sessions was sure because she wants to make sure they are not fined further. Mr. Sessions stated they are working with an Engineer on the front door, so he should be able to communicate, have it inspected and certified, then provide documentation. A new resident moved in, so they will have to coordinate with them. Ms. Zalman suggested checking with Chapter 83 Statutes on how to give notice on the lease or how much advanced notice is needed. She would like to change the compliance date to July 30, 2022, since they already have a contractor. Officer Weixler stated he was fine with extra time. Ms. Zalman indicated an Order will be received in the mail with a compliance date of July 30, 2022; otherwise, there will be a fine of $25 per day. Administrative fees of $384.12 have accrued and will be included in the Order. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of July 30, 2022, or a fine of $25 per day. Administrative fees have accrued in the amount of $384.12, which will be in the Order and must be paid. Case Hearing Case No. 21-2806 Trust No 1128 SW26 Property Address: 1128 SW 26th Avenue Type of Violation(s): As noted in Notice of Violation Officer Weixler presented this case on behalf of Officer Hart. This is a health and safety hazard. The City recommends a compliance date of July 7, 2022, or a fine of $100 per day, plus administration fees of$384.12. Ms. Zalman asked why this is a health and safety hazard. Officer Weixler explained this is a rental unit and people are living there. They failed inspection; there were missing smoke detectors, and the electrical panel is not labeled. The water heater and air conditioner were installed without permits, but when they got permits, they failed inspection, which was conducted on February 2, 2022. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of July 7, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-2904 Francis Lou A Property Address: 1506 Palmland Drive This case complied prior to the Hearing. Case Hearing Case No. 22-0259 Lucero Nicole M Property Address: 654 West Ocean Avenue This case was removed prior to the Hearing. Case Hearing Case No. 22-0310 Payen Archange Property Address: 811 West Ocean Avenue This case was removed prior to the Hearing. Case Hearing Case No. 22-0338 Tarca Donald E, Jr. Property Address: 1086 SW 25th Place This case was removed prior to the Hearing. Case Hearing Case No. 22-0614 GLM Holdings LLC Property Address: 3100 South Congress Avenue This case complied prior to the Hearing. Fine Certification Hearing Case No. 21-2469 MGB LLC Property Address: 229 NW 1St Avenue Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Officer Estime presented this case. The Special Magistrate Hearing date was February 16, 2022, and Carlos Azuna, Agent, appeared. A compliance date was set for April 18, 2022, or a fine of $100 per day, plus administrative fees of $384.12. The property was last inspected on June 15, 2022, and the violations still exist. There are 58 days of noncompliance, and the fine continues to accrue at $100 per day. As of today, the fine is $5,800, plus administrative fees of$384.12, for a total of$6,184.12. Carlos Azuna, agent, was present. Ms. Zalman commented that it looks like the roof application was rejected. Mr. Azuna explained there are multiple permits in progress; for a shed, windows, fence, and pavers and they are all in Plan Check. The Contractor recently applied for the shed permit on Monday, which was rejected. He told the company if the Contractor makes the corrections on time, permits will be obtained. He also told them once all permits are obtained, they can apply for the Lien Reduction process. Ms. Zalman indicated there appears to be constant activity and it is in process. One of the permits is rejected, so a reminder might be needed. Everything else is in progress. This is a Certification Hearing and so far, $6,184.12 has accrued and the fine is still accruing at $100 per day. This is a Certification Hearing, and the City has requested the fine be certified today. Officer Estime mentioned he would like the fine to be certified because they also need a rental license; he has not been able to inspect the interior of the property and there are tenants inside. Ms. Zalman advised fines must continue at this point; they are making an income and the violations must be brought into compliance. Once everything is done, they can apply for a Lien Reduction and bring a timeline from the Contractor. An Order will be received in the mail for $6,184.12. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$6,184.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-3017 Boynton Beach Faith Based Comm Property Address: 550 NW 12th Avenue Officer Estime presented this case. The Special Magistrate Hearing was March 16, 20227 and the Respondent did not appear. A compliance date was set for May 2, 2022, or a fine Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 of $50 per day, plus administrative fees of $384.12. The property was last inspected on June 15, 2022, and the violations still exist. There are 44 days of noncompliance, and the fine continues to accrue at $50 per day. The fine is $2,200 plus administrative fees of $384.12, for a total of $2,584.12. The Respondent applied for a permit for a shed, but they applied owner/builder. Recently, they applied with a Contractor, but the application was rejected through Intake. 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 $2,584.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 20-3166 West Palm Home LLC Property Address: 206 SW 3rd Street Type of Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 LDR CH 2 ART 4 SEC 2A2 CO CH 15 SEC 15-120D1 D Residential property owner must pass inspection for a Certificate of Use and Occupancy. Obtain a Business Tax Receipt. Obtain a Building permit for pavers in the driveway. Obtain a permit for newly installed PVC fence. Sod bare spots in lawn to achieve green appearance. Officer Nunn presented this case. The Notice of Violation date was April 12, 2022. The Special Magistrate Hearing was March 16, 2022, and the Respondent did not appear. A compliance date was set for April 15, 2022, or a fine of $75 per day, plus administrative fees in the amount of$384.12. The Respondent came into compliance on June 10, 2022. There are 54 days of noncompliance, at $75 per day. The fine is $4,050 plus administrative fees of$384.12 for a total of$4,434.12. 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 $4,434.12, which includes administrative fees in the amount of$384.12. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Fine Certification Hearing Case No. 21-0756 Florida Investment & Trade LLC Property Address: 555 North Railroad Avenue Officer Hill presented this case. The Special Magistrate Hearing was May 19, 2021, and the Respondent did appear. A compliance date was set for June 19, 2021, or a fine of $500 per day, plus administrative fees of $384.12. The property was last inspected on June 7, 2022, and the violation still exists. There are 361 days of noncompliance, and the fine continues to accrue at $500 per day. As of this date, the fine is $180,500 plus administrative fees of$384.12, for a total of$180,884.12. Ms. Zalman asked if the Respondent is doing anything. Officer Hill stated she spoke with Ian today prior to the Hearing. He cleans things up, but there are some bad tenants, and he is not trying to evict them. He understands the amount of the fine and that the fine will continue to accrue at $500 per day. 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 $180,884.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-0512 Bowe Mary Property Address: 3140 North Oasis Drive Type of Violation(s): As noted in Notice of Violation Officer Hill presented this case. The Special Magistrate Hearing was March 16, 2022, and the Respondent did appear. A compliance date was set for April 15, 2022, or a fine of$25 per day, with no administrative fees. The property was last inspected on April 22, 2022, and the violation complied on that date. There are six days of noncompliance, and the City is requesting no fines be assessed and that the compliance date be extended to April 22, 2022, due to the time it took the Utilities Department to work out a plan that worked for both the resident and the City. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. An Order will be entered stating the Respondent is in compliance and no fine will be assessed. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Ms. Guim questioned if a No Fine Letter should be entered instead of an Order because it is not going to be recorded. Ms. Zalman replied okay. Decision As no one was present to testify, Ms. Zalman ordered a No Fine Letter stating the Respondent is in compliance and no fine will be assessed. Fine Certification Hearing Case No. 21-0898 Richardson Robert & Liliana Property Address: 295 SE 10th Avenue This case was tabled for 30 days. Fine Certification Hearing Case No. 20-1648 Persing William S Property Address: 1049 Coral Drive This case was tabled for 60 days. Fine Certification Hearing Case No. 21-2564 Gary Richardson LLC Property Address: 1194 SW 28th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Unpermitted new dock Unpermitted interior renovation of home Permits are required Officer Weixler presented this case on behalf of Officer Hart. The Notice of Violation date was September 29, 2021. The Special Magistrate Hearing was on March 16, 2022, and the Respondent did not appear. A compliance date was set for April 15, 2022, or a fine of $25 per day, plus administrative fees of $384.12. The violation still exists. There are 61 days of noncompliance, and the fine continues to accrue at $25 per day plus administrative fees in the amount of$384.12. The total fine is $1,525 plus administrative fees of$384.12 for a total of$1,909.12. He submitted a copy of the Right-of-Way permit for Lake Worth Drainage District, which is also part of the process for building docks in the City. Verbiage that pertains to this case has been highlighted. Gary Richardson, owner, was present. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Ms. Zalman entered the Right-of-Way permit dated May 31, 2022, Section 1.5 into the record. She asked if this was part of an application. Officer Weixler indicated the Respondent applied for the Lake Worth Drainage District to build a dock, which was necessary. The Respondent is contending he has a permit from the Lake Worth Drainage District and does not need one from the Building Department, which clearly states in Section 1.5 that all necessary Federal, State, and Local Districts need to be obtained. The Respondent commented he is not contending that; this has to do with COVID and extensions. Mistakes were made, but before the City was involved, he asked the Contractor if permits were pulled, and at that time he understood only a Lake Worth Drainage Permit was needed. He missed the Hearing and feels this could have been cleared up earlier. The Contractor put in for a permit, which was abandoned. The Contractor led him on until May 2022, stating they would upload new plans to the Building Department. He questioned if the Building permit was ever entered because he does not know how to check the status. Unfortunately, in Florida, if a house is owned as an LLC, he cannot enter his own permit, a General Contractor must do it. He went through dozens of Engineers to get the Lake Worth Drainage Permit, which took a month, from April until almost May 31, 2022. Ms. Zalman advised the system shows the status as abandoned. The Respondent stated he is going to sue the Contractor because of the money they have cost him. He asked, as a taxpayer, if there is anything the City could do for him because he has tried everything. Ms. Zalman commented that it did not appear the Respondent was ignoring the matter and she explained this Hearing is to determine if the fine is still accruing and the amount. The City is requesting the amount be certified. A Lien Reduction can be applied for at a future date, at which time a timeline can be presented and perhaps the lien can be reduced. Officer Weixler suggested the Respondent visit the Building Department and ask about their processes. The Respondent requested the amount not be certified; he is going to pay the permit fees. Ms. Zalman stated there is no evidence the applicant has been submitted or that because of COVID there was a delay on the City's part; it looks like the delay is on the part of the Contractor, and because of that she is going to certify the fine. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,909.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-2963 Zeny Estate LLC Property Address: 1908 Palmland Drive, A Type of Violation(s): LDR CH 2 ART 4 SEC 2A2 CO CH 13 SEC 13 through 7 inclusive CO CH 13 SEC 13 through 16 Unpermitted installation of air conditioner and water heater; permits are required. COBTR and approved home inspections are required for rental license. Officer Weixler presented this case on behalf of Officer Hart. The Notice of Violation date was November 17, 2021. The Special Magistrate Hearing was on March 16, 2022, and the Respondent did not appear. A compliance date was set for April 15, 2022, or a fine of $50 per day, plus administrative fees of$384.12. The property was last inspected on June 157 2022, and the violations still exist. There are 61 days of noncompliance, and the fine continues to accrue at$50 per day, plus administrative fees of$384.12. The fine is $3,050 plus administrative fees of$384.12 for a total fine of$3,434.12. 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 $3,434.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0438 Ocean Michel & Sonia Property Address: 1007 SW 27th Place Type of Violation(s): CO CH 10 SEC 10-51 CO CH 10 SEC 10-52 Inoperable vehicles on property and in right-of-way. Officer Weixler presented this case on behalf of Officer Hart. The Notice of Violation date was February 10, 2022. The Special Magistrate Hearing was on April 20, 2022, and the Respondent did appear. A compliance date was set for May 9, 2022, or a fine of$25 per Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 day, plus administrative fees of $384.12. The property was last inspected on June 1, 2022, at which time the property came into compliance. There are 23 days of noncompliance at $25 per day, for a fine of$575 plus administrative fees of$384.12, for a total fine of$959.12. 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$959.12, which includes administrative fees in the amount of$384.12. Lien Reduction Hearing Note: This case started at 9:54 a.m. Case No. 15-0037 Carrier Raymond R & Dennis J. Property Address: 3245 Grove Road Property Violation(s): As stated below Supervisor Pierre presented this case. The Notice of Violation date was January 8, 2015. The Special Magistrate Hearing was April 15, 2015, and no one appeared. A compliance date was set for April 25, 2015, or a fine of $100 per day. The Respondent complied on May 11, 2022. There are 2,572 days of noncompliance at $100 per day. The fine is $250,200 plus administrative fees of$634.12. Dennis Carrier, owner, was present. Ms. Zalman asked when the Respondent purchased the property. The Respondent replied he has had the property all along; he was renting it out and then moved in during 2015 because he lost his other house. This is his Homestead, but he never Homesteaded it. He did not know about this case until he went to sell another property, which he owns with his brother, and found out there was a lien under his name; he never received Notice. Ms. Zalman asked the Respondent his plan for the property. The Respondent reiterated he lives there; it is his property. He is at this Hearing because he has to sell another property he owns with his brother, and he cannot sell it because there is a lien under his name. Ms. Zalman asked the Respondent what he thinks the lien should be reduced to and why. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 The Respondent indicated there should not be a lien on the property. When he moved in there was a Property Manager who took care of everything; the tenants were kicked out and he moved in. He never received Notice. He will pay for a permit for the Business Tax Receipt. Ms. Zalman asked how much was spent to bring the property into compliance. The Respondent stated that he installed sod, fixed the driveway, and took hurricane panels down from outside; he paid about $300, and $200 for the application fee. Ms. Zalman questioned the City's thoughts on this property since it is now a Homestead or owner live-in property. Supervisor Pierre indicated the City's recommendation is 10% of the lien. Ms. Zalman advised 10% is $25,720. The Respondent asked why the City wants 10%. He never received Notice or Certified mail that he needed to get caught up on his Business License because he moved into the house. He has had this property all along, it was his dad's. Ms. Zalman explained to get to a Hearing the City has to have postings or Certified mail to the address on the Property Appraiser's site. Perhaps the address was not updated when he purchased the property and had tenants. Supervisor Pierre indicated the property was cited for renting without a license when the Respondent did not live there. All the letters went to 2111 NE 4t" Street, which is the Respondent's address. The Respondent advised 2123 NE 4t" Street was his original address and the bank took that house. He asked who signed for the letter and why it was returned. Supervisor Pierre commented the property was posted on June 17, 2015, and he showed a picture of the posting. When a letter is returned, by law, the City has to post it and put it on the door. The letter was returned because no one signed for it. The address was 2111 NE 4t" Street. The Respondent stated that is the house he is currently trying to sell. Ms. Zalman advised the City sends Notices to whatever address is listed in Public Records as someone's contact for the property. The Respondent stated the contact for his property should have been 2123 NE 4t" Street. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Supervisor Pierre stated they got the address from the Property Appraiser, and he was cited at that address. Ms. Zalman has evidence that the City sent Notices and posted the property at the address pursuant to the Property Appraiser site and that is all their burden is. As a landlord for part of the time, the Respondent's burden was to make sure he was complying with City Codes and Ordinances if there are tenants. The Respondent advised he was in the house at the time; he had a Property Manager running it and his name should be listed as the Business License for that property. Ms. Zalman stated it is not in the record and there is no evidence to the contrary. All she has before her is a file that shows the property is not in compliance, it was a rental for part of the time, and there is lien of $257,200. The City is recommending a reduction to 10%, which is $25,720. She asked if the Respondent wanted to put in a counteroffer to the City before she makes a decision. The Respondent suggested $1,000, but stated it will take a while for him to get it. Ms. Zalman advised if the fine is not paid within 90 days, it reverts back to the original amount. She asked if the Respondent is employed. The Respondent stated there is no way he can do it. He replied he is employed. Supervisor Pierre commented they can go down to 5%, but $1,000 is not a consideration. Ms. Zalman stated the City is recommending 5%, which is $12,860 plus administrative fees and costs of $634.12. She is going to consider the amount spent on the sod, driveway, and application, to get to 4%, which is $10,288. The Respondent questioned how to fight this further and if he needs an attorney. Ms. Zalman advised the Respondent has seven days to appeal this with the City Commission. Ms. Guim suggested the Respondent meet with her Director today and let them know he wants to appear in front of the City Commission. Documentation must be prepared. Ms. Zalman advised an Order is being entered for $10,288, which will be received via mail. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 DECISION Based on testimony, Ms. Zalman reduced the fine to $10,288, payable within 90 days, or the fine will revert to the original amount. She explained that the Respondent has seven days to appeal this Order with the City Commission. This case concluded at 10:12 a.m. Lien Reduction Hearing Note: This case started at 10:12 a.m. Case No. 18-2485 Padma Rental Holdings LLC Property Address: 105 SW 5t" Avenue Property Violation(s): As stated below Supervisor Pierre presented this case. The Notice of Violation date was October 19, 2018. The Special Magistrate Hearing was November 20, 2019, and the Respondent did not appear. A compliance date was set for December 15, 2019, or a fine of $25 per day. There are 923 days of noncompliance at $25 per day. The fine is $23,075, plus administrative fees of$634.12. Suhan Junaid, owner, was present. Ms. Zalman mentioned the fine is $23,075 plus administrative fees of$634.12. She asked if this is a rental property. The Respondent indicated this is a rental property. The property is in compliance. He hired a Property Manager, Cross Border, to help maintain the property and deal with tenants. When they first received Notice there was a violation, he instructed Cross Border to take care of everything. He was told everything was in compliance and that the City had been notified; however, that is not what happened. In the fall of 2018, the Property Manager said he no longer wanted to be the Property Manager and stole a lot of money. A new Property Manager, Arbor Residential, was hired, and because they were unaware anything was happening, they assumed everything was fine. Cross Border left a lot of tenant concerns at the property, so they started working with Arbor Residential to address those concerns. In 2019, they received Notice that they missed the Hearing and in 2020 they tried to bring this up, but because of the pandemic they could not find anyone to help. Between the lack of materials or materials not arriving in time, there was no one around to do labor. From the most recent repairs going back to around 2019, they spent almost $22,500 on the property. In 2019, they spent about $4,750; in 2020 it was $3,200, and 2021 was about $9,000 in repairs. They had to resurface the driveway, install new sod, turn a few units, and the latest things the City wants done is to remove some Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 structures on the property, do additional landscaping, and remove a couple of trees. The costs he mentioned are labor costs; he did not have the material costs. Supervisor Pierre did not have any more evidence to provide. The City is asking 15% of the lien. Ms. Zalman stated 15% is $3,461.25, plus administrative fees and costs of $634.12, for a total of$4,095.37. The Respondent questioned if 10% would be reasonable. Ms. Zalman agreed to the request and thought it was fair; 10% would be $2,941.62, which includes administrative fees and costs. An Order will be received in the mail. DECISION Based on evidence and testimony, Ms. Zalman reduced the fine to $2,941.62, which includes administrative fees of$634.12. This case concluded at 10:19 a.m. Lien Reduction Hearing Note: This case started at 10:20 a.m. Case No. 21-1694 Hold the Bridge LLC Property Address: 639 East Ocean Avenue Property Violation(s): As stated below Supervisor Pierre presented this case. The Notice of Violation date was July 1, 2021. The Special Magistrate Hearing was October 22, 2021, and the Respondent did not appear. A compliance date was set for November 9, 2021, or a fine of $50 per day. The Respondent complied on May 9, 2022. There are 180 days of noncompliance at $50 per day. The fine is $9,000 plus administrative fees in the amount of$384.12. Antoinne Smith, Attorney, was present. Ms. Zalman asked if this is an investment property. Attorney Smith advised this is an investment property. They did not receive notification and their Registered Agent discovered this on April 11, 2022. Within those 30 days they have sent over 60 emails and spent $1,096.62, which is 17 times the fee to rectify this issue. Since knowledge of this they have been diligently making corrections. They would Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 like to see the lien reduced to $1,096.62, which they spent to make corrections and they want to make sure they comply. Supervisor Pierre commented this is a business property, so the City requires 20% of the lien. Ms. Zalman stated 20% is $1,800 plus administrative costs of $384.12, for a total of $2,184.12. Attorney Smith asked if that could be reduced to 10%. Ms. Zalman suggested meeting in the middle at 15%, plus administrative fees, which is $1,734.12. DECISION Based on testimony, Ms. Zalman reduced the fine to $1,734.12, which includes administrative costs of$384.12. This case concluded at 10:24 a.m. Lien Reduction Hearing Note: This case started at 10:25 a.m. Case No. 21-2505 SLOM LLC Property Address: 24 Crossings Circle, Unit B Property Violation(s): As stated below Supervisor Pierre presented this case. The Notice of Violation date was September 21, 2021. The Special Magistrate Hearing was January 19, 2022, and Ronin Tish, Property Owner and Registered Agent, appeared. A compliance date was set for February 21, 2022, or a fine of $100 per day. The Respondent complied on June 13, 2022. There are 111 days of noncompliance at $100 per day. The fine is $11,100, plus administrative fees of$384.12. Ronin Tish, Property Owner and Registered Agent, was present. Ms. Zalman indicated the lien is $11,100 and administrative fees of$384.12. Mr. Tish stated they purchased the property knowing it had a violation, but they did not know the extent of the violation. Apparently, there was a drywall issue that needed to be reinstalled. The previous owner started a permit application for drywall among other items they wanted to do, and they worked with Officer Weixler at the time. Since they purchased Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 the property a little over a year ago, a new Property Management Company took over, the Association of the Crossings. He was told by the new Property Management Company that the Association is the one who removed the drywall because there was a main sewer backup in the community, which damaged this property and caused the violation for raw sewage. They said the Association is going to take care of the problem and he has numerous emails from the Association. Ms. Zalman commented that the Association of the Crossings has come before her for multiple things. Mr. Tish advised this is the first unit they bought in this community. They have been talking to the Attorney for the Association who has been telling them they would take care of it, and they finally met with an adjuster for the insurance company. Since they can no longer rely on the Association, they took on the initiative. The Contractor switched his name over and started the application. The problem is when they took over the original permit from the previous owner, they were telling the Permit Department they were putting the drywall back and that they did not care about the rest, but they did not understand. They were about$9,000 into the permit process with the Contractor and decided to cancel everything and resubmit a new permit just for the drywall, which was approved. This is not a rental yet; they are six months behind on work. He paid an additional $3,000 in expediting permits of $100 because he had to decide whether to spend $100 in violations or $100 with the Permitting Department to expedite, but they kept requesting additional information. Everything is done and now they are trying to reduce this lien. Ms. Zalman stated she would take into consideration the costs and the permits that were expedited. Supervisor Pierre indicated the City would accept 10% of the lien based on testimony and the amount of money spent. Ms. Zalman stated 10% is $1,110, not including administrative fees of $384.12; the recommendation is $1,494.12. Mr. Tish would like to negotiate and do 5%. Ms. Zalman stated her recommendation would probably be $1,110, which includes administrative costs because of what was spent in expediting. An Order will be received in the mail. Mr. Tish provided a different mailing address, so the fine would be paid right away; 109 Pacer Circle, Wellington, Florida. Supervisor Pierre stated they have that address on file. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida June 15, 2022 Ms. Guim indicated she would send an email, so he would have the information sooner. DECISION Based on testimony, Ms. Zalman reduced the fine to $1,110,which incudes administrative costs of$384.12. This case concluded at 10:36 a.m. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:01 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 27