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Minutes 08-17-22 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, AUGUST 17, 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 Miranda Mohorn, Community Standards Associate Shana Bridgeman, City Attorney Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:06 a.m. and explained the Magistrate's role and the procedures. Pursuant to Chapter 162, Florida Statutes, all orders are appealable only to the Circuit Court in Palm Beach County and not to the City Commission. Also, a fine will be imposed if the violation(s) are not corrected by the deadline. II. INTRODUCTION AND SWEARING IN OF WITNESSES Administrative Supervisor Guim administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status 9 22-1515 Complied 10 22-1539 Complied 19 22-0808 Complied 20 22-0974 Complied 24 22-0199 Removed 25 21-1856 Complied 28 20-1648 Table 30 days 29 22-0147 Removed IV. NEW BUSINESS Case Hearing Case No. 22-0923 Nixon, Lamar Property Address: 411 NE 2nd Street Property Violation(s): As noted in the Notice of Violation Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Officer Estime presented this case. The initial Notice was issued on April 18, 2022, via Courtesy Notice with 30 days to comply. The property was posted on August 4, 2022. The property was last inspected on August 16, 2022. This is not a health and safety hazard. The City recommends compliance by September 8, 2022, or a fine of $75 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 September 8 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1298 FKH SFR PROPCO J LP Property Address: 529 NW 11th Avenue Property Violation(s): As noted in the Notice of Violation Officer Estime presented this case. The initial Notice was issued on May 12, 2022, via a Notice of Violation, with 30 days to comply. The property was posted on August 2, 2022. The property was last inspected on August 16, 2022. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of $75 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 September 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1365 CWALT Inc., Bank of NY Mellon TR Property Address: 102 NE 13th Avenue Property Violation(s): As noted in the Notice of Violation Officer Estime presented this case. The initial Notice was on May 20, 2022, via Courtesy Notice with three days to comply. The property was posted on August 2, 2022. The property was last inspected on August 16, 2022. This is not a health and safety hazard. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 The City recommends compliance by August 29, 2022, or a fine of $75 per day, plus administrative fees of$384.12. Ms. Zalman commented if there is a hurricane there is a health and safety issue. Officer Estime stated the property is vacant. 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 29, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 21-1292 Bridgewater Fred Property Address: 218 SW 14th Avenue Property Violation(s): As noted in the Notice of Violation Officer Nunn presented this case. This is not a repeat violator. The initial Notice was issued on June 1, 2021, via Courtesy Notice, with 14 days to comply. Notice was sent certified mail on June 24, 2022. Notice was posted on the property and City Hall on August 3, 2022. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of$75 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 September 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0973 Irache Partners LLC Property Address: 480 West Boynton Beach Boulevard Type of Property: Commercial Property Violation(s): COH CH 15 SEC 15-120D1A Outside storage, trash, debris, and autos in areas on private property. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Please remove all outside storage of construction trash and debris in the lower parking area. Officer Nunn presented this case, which was a routine inspection. The initial inspection date was April 13, 2022, and a Courtesy Notice was issued on April 14, 2022, with 30 days to comply. Notice was sent certified mail on June 3, 2022, and the green card was signed and dated June 21, 2022. Upon reinspection of the property on May 17, 2022, the violations continued to exist, and a Notice of Violation was issued on May 19, 2022. Upon conducting a second reinspection on June 2, 2022, the violations continued. As of this date, the outside storage remains. The property was last inspected on August 16, 2022. Photographs were entered. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of$100 per day, plus administrative fees of $384.12. Steven Jairam, General Manager, was present. Ms. Zalman advised the City is offering until September 16, 2022 to bring the violations into compliance; otherwise, there will be a fine of $100 per day. As of this date, $384.12 have accrued for administrative fees and costs. An Order will be sent via mail. Mr. Jairam believed the time offered to come into compliance is fair and he stated they are working on it. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 16, 2022, 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. 22-1044 TAH 2017 2 Borrower LLC Property Address: 121 SW 7t" Avenue Property Violation(s): As noted in Notice of Violation Officer Nunn presented this case. This is not a repeat violator. The initial Notice was issued on April 19, 2022, via Courtesy Notice, with 14 days to comply. Notice was sent certified mail on June 13, 2022, and a signed green card was dated and received on June 217 2022. This is not a health and safety hazard. The City recommends compliance by September 8, 2022, or a fine of$75 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 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of September 8, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1193 First Presbyterian Church of Property Address: 302 SW 5t" Avenue Property Violation(s): As noted in Notice of Violation. Officer Nunn presented this case. This is not a repeat violator. The initial Notice was issued on May 25, 2022, via a Courtesy Notice with 30 days to comply. Notice was sent certified mail on June 13, 2022. The property and City Hall were posted on August 23, 2022. This is not a health and safety hazard. The City recommends compliance by September 8, 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. She changed the compliance date to September 16, 2022, because it requires permitting. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of September 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1454 First Presbyterian Church of Boynton Beach Property Address: 235 SW 6t" Avenue Property Violation(s): As noted in Notice of Violation. Officer Nunn presented this case. This is not a repeat violator. The initial Notice was issued on June 15, 2022, via written Notice. This is an immediate fine. Notice was sent certified mail on June 15, 2022. The property and City Hall were posted on August 3, 2022. This is not a health and safety hazard. The City is recommending a Municipal Ordinance Fine of $100 for the first violation, plus administrative fees of $384.12, for a total of$484.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Decision As no one was present to testify, Ms. Zalman ordered an immediate fine of$484.12, which includes administrative fees of$384.12. Case Hearing Case No. 22-1515 SFR XII NM Miami Owner 1 LP Property Address: 319 SW 9t" Avenue Property Violation(s) As noted in Notice of Violation This case complied prior to the Hearing. Case Hearing Case No. 22-1539 Bridgewater Fred Property Address: 218 SW 4t" Avenue This case complied prior to the Hearing. Case Hearing NOTE: Cases 20-2266 and 21-2688 were called together but addressed one by one. Case No. 20-2266 Thompson Vernon Jr TR Property Address: 606 NE 1St Street Type of Property: Multi-Family Property Violation(s): Chronic Nuisance Declaration COH CH 15 ART 8 SEC 15-115 Officer Hill presented this case, which was a City Department referral. The initial inspection date was September 4, 2020. The Notice was issued on April 19, 2022. The owner was given a Declaration of Chronic Nuisance and a Notice of Chronic Violation with 90 days to comply. The owner signed the agreement on May 11, 2022 but did not comply with the requirements. The City is requesting a finding that the property is a chronic nuisance. The property owner did not comply to requirements of CH 15 ART 8 SEC 15-115; therefore, this matter was set for a Hearing pursuant to CH 15 ART 8 SEC 15-116. Ms. Zalman indicated she has two evidence packets and assumed each one was separated by case. Officer Hill stated Exhibit A has the Declaration of Chronic Nuisance, which was hand delivered to Vernon Thompson Jr. TR on April 20, 2022. Exhibit B has the Chronic Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Nuisance Agreement that was signed by the owner, Barbara Smith, Trustee, on May 11, 2022, and was recorded with the Palm Beach County Clerk of Courts on May 24, 2022. Exhibit C has a list of Security and Corrective Actions the City was requesting, which were to enter into a Trespass Agreement, install working surveillance cameras, provide remote access to the City of Boynton Beach Police Department for the duration of this agreement, obtain Building permits to install and maintain exterior lighting under City lighting standards, obtain permits to repair and install perimeter fencing that is able to be secured and locked at all times, obtain a Building permit for the enclosed garage door opening, remove bollards that were installed in front of the garage door opening without a Building permit, replace missing and dead landscaping in accordance to improved Site Plan, and remove all trash and debris from the property. Ms. Zalman referenced Exhibit C and noted the first page does not mention landscaping; she asked if it was on a separate page. Officer Hill advised the additional items are in Exhibit B on the third page. Ms. Zalman mentioned the Nuisance Abatement Agreement. Officer Hill stated Exhibit D has copies of the Police Incident Reports and Exhibit E shows a Notice of Hearing that was sent certified mail on July 19, 2022. Proof of Service was received dated July 23, 2022. Supervisor Pierre also hand delivered the Notice to Barbara Smith, Trustee, and she signed the Affidavit of Service on July 27, 2022. Sergeant Diehl is present and can provide details on Exhibit D, which are the documentation of incidents that declared this property a chronic nuisance. Sergeant Diehl, with the Boynton Beach Police Department, was present. Ms. Zalman requested Sergeant Diehl provide testimony for the first case. Sergeant Diehl mentioned Case #20-2266, regarding the property at 606 NE 1St Street, Boynton Beach, Florida. Copies of Exhibit D was presented as evidence or supporting documentation of a chronic nuisance. He provided a summary or review of Police Reports on February 28, 2020, March 3, 2020, March 18, 2020, March 19, 2020, June 4, 20207 and July 18, 2020. Ms. Zalman advised the property owners would have an opportunity to cross examine anyone speaking if there are any questions. She commented that this is being presented because the City of Boynton Beach has found a chronic nuisance; they have entered into an Abatement Agreement with the owner and are now seeking under to uphold the Notice of Violation regarding the corrective plan under Section 15-116. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Shana Bridgeman, Deputy City Attorney, clarified they are asking to proceed under Section 15-116D, and that is what is followed if they refuse to sign the agreement or if they sign and do not comply. Ms. Zalman asked if a new agreement is being presented. Deputy City Attorney Bridgeman replied no; Exhibit B has the requirements on Page 204, Paragraph 4. Ms. Zalman mentioned Section 15-116 and questioned if they are looking for Section D Subsection 2 and to uphold the Notice of Violation and not a Declaration of Chronic Nuisance. Officer Hill replied both. Ms. Zalman stated the way it is written, they have an opportunity to uphold or reject the City of Declaration of Chronic Nuisance or uphold the Notice of Violation noting the Corrective Action Plan. Deputy City Attorney Bridgeman indicated they would like to proceed with Exhibits E and F, which says what the Order should say and what the Findings should be. Ms. Zalman referenced Page 3 of 4, Exhibit B, that says the agreement is for a term of one year and expired. Deputy City Attorney Bridgeman stated they failed to comply with Paragraph 4 and that is why this was brought to this Hearing. Barbara Diane Smith, Trustee for Vernon Thompson, Jr., was present. Ms. Zalman asked if Ms. Smith had a copy of the agreement with her. Ms. Smith replied yes. Ms. Zalman indicated they are talking about Section 4, which is on Page 2, and there is a list of items, A, B, C, D, E, F, and G. The witness is going to go over which parts have not been complied and she asked which portion has not been agreed to. There is a Nuisance Abatement Agreement dated May 24, 2022, and evidence is going to be represented that it has not been complied with as follows. Officer Hill advised all the violations exist; they have not complied with any of them. She checked with Sergeant Diehl last week and there was a Trespass Agreement with the original owner, but the original owner is deceased, so the Trespass Agreement on file is no longer valid. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Ms. Zalman stated 4A, B, C, D, E, F, and G have not complied as well as 5 because it is expired. She asked if there was anything else to present into evidence. Officer Hill replied that is correct. She did not have anything else to present into evidence. Deputy City Attorney Bridgeman indicated they are doing these two cases together. It is two separate parcels, but it looks like they are together, so a lot of activity has occurred in both places because of how the buildings are oriented. A lot of information upcoming will be almost identical for that reason. Ms. Zalman advised the City has presented evidence that there was a chronic nuisance, and an agreement was entered in May with certain items that needed to be done and those items are still outstanding and in breach of the agreement. As a result, the City is requesting an Order be entered to uphold the violation outlining the Corrective Action Plan, which allows for a number of things to be done, including authorizing the City to provide chronic nuisance services to the property, and to bill the cost of these services to the owner; it would provide for the mailing of a copy of the chronic nuisance service by First Class Mail to any mortgagee of record. Failure to provide a copy of the chronic nuisance service order to a mortgage of record shall not operate to release or discharge any obligation under this article. The Article further states it would provide for the recording of a certified copy; her Order if one is provided, into public records, and it would provide for continuing jurisdiction, meaning the City could continue to oversee this property. In summary, because these things have not been done, the City wants to take higher vendors with themselves to come in and enforce this plan, spend the fees, and charge the owner. She would like Ms. Smith to respond and noted she has a right to question any witnesses and cross examine or direct any questions at this time. Ms. Smith stated when this was initiated in 2020, she was not there, she inherited this. The person who brought this to the property is deceased. There is a duplex, but it was pertaining only to the 606-608. She had a contractor that fell through since she spoke with Officer Hill and Supervisor Pierre. Another contractor was supposed to have already submitted a permit to take care of all these items. Upon checking today, nothing has been submitted. The contractor went out and took measurements of everything and he was to report back to her, but he has not submitted the request for a permit. She requested time to get another contractor because this is the second one. Ms. Zalman understood it takes time to get contractors, but that is not what is before her today; the City can respond to that directly. What is before her is to uphold this Notice. This is a very procedural Hearing, and it is written in a Statute if it is breached, this is what happens. She is going line by line, but that does not mean there cannot be open communication and continued dialogue with the City after the Hearing. An Order will be entered, but there can be a continuing dialogue on how to rectify the problem because the goal is to fix the problem. She asked if the City wanted to respond. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Officer Hill did not have any response. Ms. Zalman asked if Ms. Smith had any questions to the Officer who presented testimony establishing the chronic nuisance that there was drug activity on the premises. Ms. Smith reiterated when everything happened, she was not in charge. Vernon Craig Thompson, beneficiary of his father's estate, was present. Mr. Thompson understood this is not a nuisance anymore. Ms. Zalman clarified this is still a chronic nuisance and as a result, the City presents an agreement. The predecessor signed the agreement, which required certain things to be done. Those things were not done, so the City now wants to enter an Order confirming there is a violation and they can now step in and take over. Mr. Thompson commented that the nuisances are no longer at the property; that has no bearing on what must be done as far as violations are concerned. He noted the tenants are no longer there for whatever reason and they have not ben there for a couple of years. Ms. Zalman stated the items listed in 4 A-G and 5 are to rectify and prevent future nuisances. This is to make the property safer for the owner, patrons, and anyone in the area. She asked if there was any further evidence to be entered into this matter. Officer Hill replied no. Ms. Zalman indicated before entering an Order, she wanted to hear the second case. After hearing both cases, Ms. Zalman is going to grant the City's request, but she would like to see a proposed Order and will wait to hear what happens at the meeting regarding the number of days. She hopes the City takes time for permitting into consideration. There is evidence that the tenants have been cleared out, so hopefully there is a less likelihood of a continuing nuisance. Decision Due to evidence and testimony, Ms. Zalman granted the request, but would like to see a proposed Order with the number of days for compliance. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Case Hearing NOTE: This case was heard with Case 20-2266. Case No. 21-2688 Thompson Vernon Jr & Smith B Property Address: 614 NE 1St Street Property Type: Multi-Family Property Violation(s): Chronic Nuisance Declaration COH ART 8 SEC 15-115 Officer Hill presented this case, which was a City Department referral. The initial inspection date was October 13, 2021, and written Notice was issued on that date. The owner was given a Declaration of Chronic Nuisance and a Notice of Chronic Nuisance Violation with 90 days to comply. The owner signed the agreement on May 11, 2022 but did not comply with the requirements. The City is requesting a Finding that the property is a chronic nuisance. The property owner did not comply with requirements of CH 15, ART 8, SEC 15-115; therefore, this matter was set for a Hearing pursuant to CH 15 ART 8 SEC 15-116. Ms. Zalman clarified the City has two options; they can ask for a Declaration of Chronic Nuisance or to uphold or reject the Notice of Violation regarding the Corrective Action Plan. Deputy City Attorney Bridgeman stated if they did not agree there was a chronic nuisance, they would not be able to uphold the Notice of Violation. She thinks the Order is there because there are situations where the property owner does not sign the agreement, so then it would only be Item 1; it should have said and/or. Ms. Zalman agreed and noted she has the evidence packet. Officer Hill stated Exhibit A has the Declaration of Chronic Nuisance that was hand delivered to Vernon Thompson, Jr, TR on April 20, 2022. Exhibit B has the Chronic Nuisance Agreement signed by the owner, Barbara Smith, Trustee, on May 11, 20227 and was recorded with the Palm Beach County Clerk of Courts on May 24, 2022. Exhibit C and partially on Exhibit B has a list of the Security and Corrective actions the City is requesting, which is to enter into a Trespass Agreement, install working surveillance cameras, provide remote access to the City of Boynton Beach Police Department for the duration of the agreement, obtain Building permits to install and maintain exterior lighting in compliance with City lighting standards, obtain permits to repair and install perimeter fence that is able to be secured and locked at all times, obtain Building permits for the enclosed garage door opening, remove bollards that were installed in front of the garage door opening without a Building permit, replace missing and dead landscaping in accordance to the improved Site Plan, and remove all trash and debris from the property. Exhibit D has copies of the Police Incident Reports. Exhibit E has a Notice of Hearing Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 sent certified mail on July 19, 2022. Proof of Service was received dated July 23, 2022. Supervisor Pierre also hand delivered the Notice to Barbara Smith, Trustee, and she signed the Affidavit of Service on July 27, 2022. Sergeant Diehl can provide details on Exhibit D, which are the documentation of incidents that declared this property a chronic nuisance. Ms. Zalman asked Sergeant Diehl if his testimony was going to be the same as before. If so, he can state that what he already provided can be applied to this case and if there is anything different it can be added. Sergeant Diehl replied his testimony is the same as provided in the first case. Ms. Zalman questioned if the City was content or if they preferred Sergeant Diehl read documentation into testimony. She noted Sergeant Diehl testified that the previous testimony for the first case is the same for this case. She asked if there was any further evidence or witnesses who have something to present. Deputy City Attorney Bridgeman replied she is content if Ms. Zalman is content. Officer Hill replied no, there was no further evidence to present. Deputy City Attorney Bridgeman thinks there is some additional information regarding what they are seeking. Mr. Thompson advised they need a general contractor because they are ready to go and need someone to pull the permit. He asked if a permit is needed for each lot or parcel and for fencing. Officer Hill indicated it would be separate permits. Fencing will be with Building, but different parcels most likely. She suggested he ask the Building Department for clarification. They are going to have a meeting tomorrow with the Chronic Nuisance Committee and that is where they decide how much time to give to comply, but they could see if a ballpark estimate is agreeable. Ms. Smith mentioned another property and noted that a permit was submitted in May, and she is still waiting. Ms. Zalman asked if this would be expedited as a chronic nuisance. Ms. Smith stated they were told that it would be expedited. She does not want to give a date because it takes a while to get a permit, and this depends on getting a contractor. Officer Hill suggested having the contractor contact the Building Department because that is an unusually long time. The Building Department is diligent reviewing and adding Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 comments within a week, especially with the new system called Sages. When you get a permit, it is up to the homeowner to follow up with the contractor and perhaps contact the Building Department to check on the process. Ms. Zalman indicated an order will be entered that this is in violation and there is a breach., it has not complied, but before City vendors step in and start sending bills, there is a chance to go through an agreed upon date. She would like Ms. Smith to propose a date so they can bring it to the meeting tomorrow. She is not going to enter an Order today, a proposed Order is going to be emailed to her, which she will review with the Statute. Ms. Smith requested 90 days. Ms. Zalman suggested Ms. Smith request 120 days since this involves contractors and permitting. She advised 120 days has been put into evidence as the request. Ms. Smith asked if there is a way to provide updates to the City if they are getting close to the 120 days. Officer Hill advised they can contact her, and she will set up a meeting. Ms. Zalman suggested breaking down the communications and using the agreement, so it is clean, clear, and there is no miscommunication. If there are concerns or questions, please follow up. The goal is to take care of this instead of the City hiring vendors and expending fees. After hearing both cases, Ms. Zalman is going to grant the City's request, but she would like to see a proposed Order and will wait to hear what happens at the meeting regarding the number of days. She hopes the City takes time for permitting into consideration. There is evidence that the tenants have been cleared out, so hopefully there is a less likelihood of a continuing nuisance. Deputy City Attorney Bridgeman stated the City will consider that and if they do act promptly to submit the permits and then there is any delay in the approval, the delay will not be held against the property owner. Decision Due to evidence and testimony, Ms. Zalman granted the request, but would like to see a proposed Order with the number of days for compliance. NOTE: A recess was taken at 10:41 a.m. and reconvened at 10:50 a.m. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Case Hearing Case No. 22-0213 Kalafat Huseyin U Property Address: 7 Rogart Circle Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-16 COH CH 13 SEC 13-7 inclusive LDR CH 2 ART 4 SEC 2A2 Please obtain a Business Tax Receipt for rental property and apply for, pass inspection for, and obtain a Certificate of Use and Occupancy. Contact the Business Tax Division at 561-742-6350 to resolve. Roof repaired and water heater installed without required permits. Contact Building Department at 561-742-6250 to resolve. Officer Hill submitted an Authorization of Agent, as the property owner's brother was present. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was January 25, 2022. This is not a repeat violator. Written Notice was issued on February 2, 2022, with 30 days to comply. Notice was sent certified mail on June 10, 2022, and the property and City Hall were posted on August 2, 2022. She met with one of the tenants who gave her access to the property where numerous violations were observed. Since being cited, the owner has made most of the repairs, but has yet to apply for permits or the Business Tax Receipt. The property was last inspected on August 8, 2022. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Tougron Kalafat, brother of the owner, was present. Ms. Zalman advised the City is presenting an offer of September 16, 2022 to comply, but it sounds like there is no application for permitting. She questioned the status. Mr. Kalafat stated they are having a hard time finding contractors to do the job; they do not want to do small jobs and if they do, they do not want to pull permits. His brother is having financial difficulties and he is currently out of the country after losing his job due to the pandemic. He is trying to help his brother and requested an additional three months to find a contractor. Ms. Zalman asked if the City had any objections to an extension until November 16, 2022. Officer Hill did not have a problem with an extension. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Ms. Zalman indicated the City has no objection and the compliance date will be extended to November 16, 2022. If, not, there will be a fine of $50 per day. She noted that administrative fees and costs of$384.12 have accrued as of this date, which will be in the Order and due. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered an extension of the compliance date until November 16, 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. 22-0783 Bisesto, Lola Matthew, Raquel Property Address: 631 Castilla Lane Property Type: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for unpermitted shed installed in backyard. Officer Weixler presented this case, which was a routine inspection. The initial inspection date was on March 22, 2022. This is not a repeat violator. Notice was issued on March 22, 2022, with 30 days to comply. Notice was sent certified mail on June 7, 2022, and the signed green card was received on June 11, 2022. The property was last inspected on August 16, 2022, and the shed is still there, and no permit has been applied for. This is not a health or safety hazard. The City recommends compliance by September 16, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Matt Bisesto, owner, was present. Ms. Zalman indicated there is a shed without a permit and she asked how long the Respondent needed to rectify the situation. The Respondent stated the shed has been there for 12 years and the Building Code, #15 or #7, says the installation of one accessory building, tool shed, per single-family residence,with an accessory building having less size than 100 square feet. He submitted a certified letter from an Engineer certifying the shed is only 62 square feet. Officer Weixler explained his narrative to the owner said it had to be determined whether it was a Building or Planning and Zoning permit, and the Respondent is showing an exemption from the requirements for a Building permit. Planning and Zoning needs to see the location of the structure of the property to make sure it meets setbacks. The shed is up against the fence and does not meet the setbacks. The Building Department would have been all right with this, but they would have directed the Respondent to contact the Planning and Zoning Department. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Ms. Zalman questioned if there has been contact with the Planning and Zoning Department. The Respondent stated he was not aware of the Planning and Zoning portion. He noted ten square feet of the 62 square feet encroaches 18 inches too close to the fence; the rest of the shed is within the three-foot setback. Ms. Zalman advised she has no authority to change the code, so that cannot be a request. She suggested the Respondent work with the City directly, probably with Planning and Zoning. The Respondent requested additional time to fulfill that process. Ms. Zalman agreed. Evidence shows that the Respondent immediately replied and submitted pictures, but it needs to go to the next step. Officer Weixler stated he is fine allowing more time. The Respondent introduced his neighbor, Jim, who has lives behind him for several years. Jim, neighbor, commented that the shed has been there forever. Ms. Zalman advised the compliance date would be extended to November 16, 2022. If not resolved by November 16, 2022, there will be a fine of $25 per day. She noted administrative fees and costs have accrued of$384.12, which are due. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered an extension of the compliance date until November 16, 2022, or a fine of $25 per day. Administrative fees have accrued in the amount of$384.12 and must be paid. Case Hearing Case No. 22-1022 TWK Investments LLC Property Address: 146 SE 4t" Avenue Property Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of September 16, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1506 De Nine LLC Property Address: 2309 South Federal Highway, #10 Property Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by September 16, 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 September 16, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1507 De Nine LLC Property Address: 2303 South Federal Highway, #8 Property Violation(s): As noted in Notice of Violation Officer Weixler removed this case for 30 days. Decision As per Officer Weixler's request, Ms. Zalman removed the case for 30 days. Case Hearing Case No. 22-0583 Moise, Marie Property Address: 165 North Palm Drive Property Violation: As noted in Notice of Violation Officer Karageorge presented this case, which was a routine inspection. The initial inspection was on February 25, 2022. A Courtesy Notice was issued on March 29, 2022, with 30 days to comply. Notice was posted on the property and City Hall on August 2, Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 2022. This case was reopened due to a change in ownership and there has been no progress. He spoke with a tenant, who said they gave Officer Guillaume's card to the owner and asked that he contact him, but there has not been any contact. The property was last inspected on August 16, 2022, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Ms. Zalman questioned if Ms. Moise is still the owner. Officer Karageorge replied yes. 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 September 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0808 Kandola Balbir S Sr Property Address: 3243 Grove Road Property Violation: As noted in Notice of Violation Officer Karageorge advised this case has complied. Case Hearing Case No. 22-0974 Innocent Roberson & Lyciana Property Address: 127 Arthur Court Property Violation: As noted in Notice of Violation Officer Karageorge advised this case has complied. Case Hearing Case No. 22-1091 Reddy Niranjan B & Anitha Property Address: 646 Lakeside Harbor Property Type: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Florida Building Code 105.4, 110.3, 107.4 of the 2017 Edition Permit expired due to time limitation and placed on hold. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 The property was last inspected on October 21, 2021. An extension shall be requested in writing along with a revision for the following required by 107.4 of the Florida Building Code, a revision required to raise, retain both permit height required or lower wall to 18 inches above grade. Approval for wall height requires Planning and Zoning requirements and a tie-in survey will be required at Building Final. Fence placed on top of retaining wall and back field brought into raised property to retaining wall height. Article 10, Flood Prevention Requirements, Section 5A4; drain piping extended into easement along bottom of retaining wall and there is a copy of the Red Tag contact; Mike Gregorachek at 561-742-6663 to resolve. Officer Karageorge presented this case, which was a referral from the Building Department. The initial inspection date was April 25, 2022. This is not a repeat violator. Written Notice was issued on May 11, 2022, with 30 days to comply. Notice was posted at the property and City Hall on August 2, 2022. The Respondent requested an extension in writing, which is in the file asking that a request be made to the Special Magistrate. The property was last inspected on August 16, 2022, and the violations still exist. This is not a health and safety hazard. The City recommends compliance by October 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Niranjan Reddy, owner, was present. Ms. Zalman indicated the City is recommending until October 16, 2022 to come into compliance and she asked if that is enough time. The Respondent advised he is not comfortable with the competency of his contractor. It is a pool, wall, and fence, which should have been done in six months and it has been over two years. He informed the contractor of this violation and he finally applied for the permit. The City Official who did the inspection told him to get a survey to make sure the boundaries and a pipe are within the limits, which he did. The survey was given to the contractor that shows the wall and pipe are inside his property. He is concerned about the wall; originally the contractor was supposed to raise it to the proper height, which should have been around four feet, but it looks like 18 inches were noted in the Building permit. The City Official told him to make it four feet and there should not be a problem. On August 5, 2022, revisions were done for the fence and the retaining wall extension. The Respondent has visited the City on two occasions to find out what needs to be done, so he can work with the contractor, and he was told they need a drawing showing four feet and not 18 inches. He will not hear anything about the permit until September 19, 2022. He would like a chance to resubmit if something is missing because it is a clerical error. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Ms. Zalman stated she can allow more time. Candice Stone, Community Standards Director, spoke to the Building Official this morning and they reviewed the comments from what was submitted on August 8, 2022. The Building Department rejected the revisions, and it is up to the contractor and owner to visit the City and discuss the comments. The Building Official will make sure Planning and Zoning and Engineering review the revisions today and then the contractor will receive an email. The Building Official, John Kuntzman, recommended once the contractor reviews the comments to email him directly, so he can make sure any revisions get pushed through and if there are questions, he can answer them. Ms. Stone stated she would give the Respondent her card, so he could email her. The Building Official also recommended that the Respondent and contractor schedule a meeting together with Building to go over this. It was not really a clerical error, the permit was originally for a pool and then extra work was done on top of that, so the retention wall is a new permit. The Respondent stated the contractor told him every pool comes with a fence and that is why it was not inserted in the paperwork. Ms. Zalman commented that it sounds like the contractor made a mistake; it was something he was supposed to apply for. Ms. Stone indicated the contractor did work outside of the scope of what he originally planned; it was not included in the plans. Ms. Zalman extended the compliance date to December 16, 2022. If not, there will be a fine of $50 per day. She noted administrative fees of $384.12 have accrued as of this date, which are due. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman extended the compliance date to December 167 2022, or a fine of$50 per day. Administrative fees of$384.12 have accrued and must be paid. Case Hearing Case No. 21-3139 Leonard Associates Property Address: 706 West Boynton Beach Boulevard Property Violation: LDR CH 2 ART 2 SEC 3F1 B3 A minor site plan modification is required for trees removed from the property. Officer Hart presented this case, which was a City Department referral. The initial inspection date was December 16, 2021. This is not a repeat violator. A Courtesy Notice Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 was issued on December 16, 2021, with 30 days to comply. Notice was posted on the property and City Hall on July 21, 2022. The minor site plan modification was applied for but was disapproved; it has been sitting without any corrections. The property was last inspected on August 16, 2022, and the violation still exists. The City recommends compliance by September 16, 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 September 16, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0113 McDonald James Property Address: 3 Woods Lane Property Type: Single-Family/Homesteaded Property Violation: LDR CH 3 ART 4 SEC 2A2 Unpermitted new pavers in backyard. Plumbing and electrical work. Please obtain required permits. Officer Hart presented this case, which was a routine inspection. The initial inspection date was on January 19, 2022. Written Notice was issued on January 14, 2022, with 30 days to comply. Notice was posted on the property and City Hall on August 3, 2022. Permits and final inspections have been obtained for the permits. Upon last inspection, it appears there was no plumbing work completed, but the electrical work was completed without obtaining permits. The owner allowed Officer Weixler to visit the property last week, at which time he observed electrical outlets were installed. The property was last inspected on August 11, 2022. This is a health and safety hazard. The City recommends compliance by September 16, 2022, or a fine of$100 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 September 16, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Case Hearing Case No. 22-0199 Sarmago Evandro L Property Address: 1113 Lake Terrace, #107 This case has been removed. Fine Certification Hearing Case No. 21-1856 Dirosa Shirley Property Address: 414 SW 1St Avenue Officer Nunn requested this case be complied and to waive the fine and fees associated with this case. Ms. Zalman asked why this was brought to the Hearing. Officer Nunn indicated there was some language that a permit was required; however, it was clarified by the Planning and Zoning Department, and the owner recently came into compliance and documentation was received from the Planning and Zoning Department. Ms. Guim advised a No Fine Letter would be sent; it is not an Order; it is like an Affidavit of Compliance. Decision Ms. Zalman indicated the City is going to issue an Affidavit of Compliance and/or a No Fine Letter and/or both and this case is complied. Fine Certification Hearing Case No. 22-0275 Kid Glove LLC Property Address: 345 SW 12th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain required permit for newly installed fence. Contact Building Department at 561-742-6350 to apply. Officer Nunn presented this case. The Notice of Violation date was February 3, 2022. The Special Magistrate Hearing was May 18, 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 property was inspected on June 16, 2022, and the violation continued to exist. Notice was sent certified mail on June 20, 2022, and a signed green card was received on June 24, 2022. There are 63 days of noncompliance at $25 per day, for a total of$1,575, plus administrative fees of$384.12, for a total of$1,959.12. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Ms. Zalman mentioned the inspection in June and asked if there was another inspection prior to this Hearing. Officer Nunn advised the last inspection was on August 16, 2022. He noted there is currently a permit application in the system; however, it was disapproved awaiting comments. Steve Averis, owner, was present. Ms. Zalman questioned the status of the unpermitted fence since January. The Respondent advised as soon as soon as they found out they were in violation they tried to hire someone to obtain a permit. They paid a fencing company $900 to get the permit, which was filed. They did not hear anything for quite a while and thought everything was fine, but they just found out two days ago that the permit was rejected. They are in the process of getting the corrections done. Ms. Zalman indicated the point of this Hearing is to certify the fine. She is going to certify the fine, which is still accruing daily. Once this is resolved, she noted the Respondent could apply for a Lien Reduction and suggested he bring her a timeline, when he applied, who he hired, and what was spent. The Respondent mentioned he was not aware of the April Hearing, or he would have attended. Ms. Zalman stated the previous Hearing was to give more time to resolve, etc., and noted proof of delivery is in the file. Officer Nunn advised the Notice was posted on the property on March 15, 2022. Ms. Zalman mentioned a photo of the Notice hanging on the door. The Respondent commented he does not live at the property; a tenant lives there and sometimes the communications do not get to him. Ms. Zalman suggested the Respondent go on the Property Appraiser's site and update his address, so anything coming from the government goes to him instead of to the tenant. She stated he could also provide an alternate address on the record, so future Notices would go to him. The Respondent stated he would update his address with the Officer off the record. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,959.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0658 Mangandid Walter A Property Address: 2401 NE 4t" Street Officer Roehrich presented this case. The Special Magistrate Hearing was on April 20, 2022, and the Respondent did appear. A compliance date was set for May 2, 2022, or a fine of$500 per day, plus administrative fees of$384.12. The case complied. This was a leash law violation, so violations could be intermittent. On July 29, 2022, two of the three dogs were loose, and Police responded, which was documented as a call for service, 22071921. Animal Care and Control was called, which was documented with Animal Care and Control activity 22007156. There is one day of noncompliance. The City is requesting a Cease and Desist as well as a fine of $500, plus administrative fees of $384.12 for a total of$884.12. 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 Cease and Desist and certified the fine for $884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 20-1648 Persing William S Property Address: 1049 Coral Drive Officer Hart requested this case be tabled for 30 days; they are waiting for the City to get some things done prior to the Respondent moving forward. The Respondent was here, but he had a four-hour drive and left. Decision Due to Officer Hart's request, Ms. Zalman tabled the case for 30 days. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Fine Certification Hearing Case No. 22-0147 Goldstein Scott Property Address: 1213 SW 25th Avenue Officer Hart presented this case. The Special Magistrate Hearing was on May 18, 2022, and the Respondent did not appear. A compliance date was set for June 17, 2022, or a fine of$50 per day, plus administrative fees of$384.12. The property was last inspected on August 3, 2022, and the violation complied on July 26, 2022, when they finally got their air conditioning permit. There are 39 days of noncompliance and the fine continued to accrue at $50 per day. As of this date, the fine is $1,950, plus administrative fees of $384.12, for a total of$2,334.12. Candice Stone, Community Standards Director, asked if this case had service for today's Hearing. Officer Hart clarified there is no service. Ms. Zalman advised this case will be removed due to a clerical issue with service. She indicated the City is going to issue an Affidavit of Compliance and/or a No Fine Letter and/or both and this case is complied. Decision Ms. Zalman removed this case due to a clerical issue with service. Fine Certification Hearing Case No. 22-0188 Petion Gerline & Robens Property Address: 711 West Ocean Drive Officer Hart presented this case. The Special Magistrate Hearing date was on May 18, 2022, and the Respondent did not appear. A compliance date was set for June 17, 2022, or a fine of $50 per day, plus administrative fees of $384.12. The property was last inspected on June 23, 2022, and it complied on that date. There are six days of noncompliance and the fine continues to accrue at $50 per day. As of this date, the fine is $300, plus administrative fees of$384.12, for a total of$684.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Decision As no one was present to testify, Ms. Zalman certified the fine of$684.12, which includes administrative fees of$384.12. Lien Reduction Hearing Note: This case started at 9:50 a.m. Case No. 20-2971 Johnson Nahemai Z Property Address: 455 SW 2nd Avenue Property Violation(s): Violations stated below Supervisor Pierre presented this case. The Notice Violation was on November 30, 2020. The Special Magistrate Hearing was on September 15, 2021, and the Respondent did not appear. A compliance date was set for October 11, 2021, or a fine of $50 per day. The Respondent complied on July 27, 2022. There are 269 days of noncompliance at $50 per day, for a total of$13,450, plus administrative fees of$384.12. Ms. Zalman advised the fine is $13,450, plus administrative fees of $384.12. She questioned why the Respondent feels the fine should be reduced. Nahemai Johnson, owner, was present. The Respondent indicated she works two jobs, and she did not realize any of this was going on until it had gone too far. She is currently in compliance and spent over $1,500 installing a new irrigation system, repairing the roof, and the outside window screens. In response to Ms. Zalman, the Respondent stated this is her Homestead. Ms. Zalman asked if the Respondent was trying to sell the home. The Respondent indicated she is trying to remodel the home, so she can sell it and that is when the lien came up. The home is not currently under contract. Supervisor Pierre advised the property is not a Homestead, it is a rental property. The Respondent explained that someone lives with her, but the property is Homesteaded because that is her primary residence; she has a business license to rent out a room. She went through the entire process and found out the home was in compliance with the Homestead and the case was closed some time ago. Ms. Zalman commented when this home sells the Respondent will have another primary address. She asked if the City had any recommendations or information. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida August 17, 2022 Supervisor Pierre reiterated the property is a rental and the City is requesting 15% of the lien. Ms. Zalman believed the City's point is that a portion of the property is income bearing, in which case it is treated differently. The City's recommendation is to reduce the lien to 15%, which is $2,175, plus administrative fees and costs of $384.12, for a total of $2,401.87. Supervisor Pierre indicated the Officer reported this property for Homestead fraud and the Respondent probably got the Homestead based on their report to the department; it was not Homesteaded when she was cited. Ms. Zalman advised the lien will be reduced to $2,401.87 from $13,450, plus administrative fees of$384.12. She agreed with the City's recommendation. An Order will be entered and sent via mail; the fine must be paid within 90 days; otherwise, it reverts to $13,450, plus administrative fees of$384.12. The Respondent stated she does not have the money; she has a lot of obligations. The best she could do is $500 and noted $1,000 would be pushing it. Supervisor Pierre advised the City would take $1,000. Ms. Zalman indicated the City has agreed to reduce the fine to $1,000, which must be paid within 90 days. Decision Based on testimony, Ms. Zalman reduced the fine to $1,000, which includes administrative costs of $384.12. The fine must be paid within 90 days or it will revert to the original fine of$13,450, plus administrative fees of$384.12. This case concluded at 10:01 a.m. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:12 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 27