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Minutes 07-20-22 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, JULY 20, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candace Stone, Director, Community Standards Tanya Guim, Administrative Supervisor Community Standards Charnise Harrison, Community Standards Associate John Kuntzman, Building Official 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 18 21-1872 Tabled for 60 days 19 21-3150 Complied IV. NEW BUSINESS Case Hearing Case No. 22-1600 Haye Timothy & Emma Property Address: 623 NE 12th Avenue Property Type: Multi-Family Property Violation(s): COH 20 SEC 20-6 RV parking on private property Officer Estime presented this case, which was a routine inspection. The initial inspection was June 14, 2022. This is a repeat violator from Case 21-0666. Written Notice was issued on June 15, 2022, with five days to comply. The property was posted on June 29, Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 2022. The Special Magistrate Hearing was on February 16, 2022, and the Order was to remove all excess RV's, boats, and boat trailers, which must be in compliance by February 28, 2022. The property was last inspected on June 14, 2022, and on June 29, 2022, the property was still in violation. The Order from the February 16, 2022 Hearing was submitted. This is not a health and safety hazard. The City recommends August 8, 2022 for compliance and a daily fine of $150 per day retroactive from June 14, 2022, when the violation was observed, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation and noted she is going to review Chapter 162, Florida Statues and Repeat Violations, about the retroactive fine. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of August 8, 2022, and a fine of$150 per day, retroactive from June 14, 2022, plus administrative fees in the amount of$384.12. Case Hearing Case No. 22-0944 Jacques Aldy Jean Property Address: 413 SW 7t" Avenue Property Type: Single Family/Non-Homestead Property Violation(s): CO CH 15, SEC 15-120D1A CO CH 10, SEC 10-56D Please remove all outdoor storage and miscellaneous items to include trash and debris in front of the garage door and porch. Please place numerical address on property; numbers must be plainly legible and visible from the street in Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches in height and show contrast with their background. Officer Nunn presented this case, which was a routine inspection. The initial inspection was April 8, 2022. This is not a repeat violator. A Courtesy Notice was issued on April 12, 2022, with 14 days to comply. The Notice was posted on the property and City Hall on June 29, 2022. A reinspection of the property was conducted on April 25, 2022, and the violations continued to exist. A Notice of Violation was initiated on April 26, 2022, with a reinspection on May 10, 2022. The violations continued to exist, and this case was scheduled for a Special Magistrate Hearing. As of this date, there has been no contact with the property owner and the violations still exist. The property was last inspected on July 20, 2022, and photographs were submitted. This is not a health and safety hazard. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 The City recommends August 19, 2022 for compliance, or a fine of $50 per day, plus administrative fees of$384.12. Ms. Zalman mentioned the picture shows a "Beware of Dog" sign and the gate is closed, but it is not closed well; it is open. Officer Nunn stated there is not a dog at the property. 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 19, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0471 MacTown Inc. Property Address: 708 NW 1St Avenue Property Violation(s): As noted in Notice of Violation CH 9 ART 1 SEC 916 Unpaid fees Fire Inspector Rodriguez presented this case. This is not a health and safety hazard. The City recommends compliance by August 8, 2022, or a fine of $25 per day, plus a $100 per day administrative fee. 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 8 2022, or a fine of$25 per day, plus administrative fees of$100. Case Hearing Case No. 21-2156 Advenir@LA Costa LLC Property Address: 10101 Mahogany Drive Property Type: Multi-Family Property Violation(s): CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 Inclusive LDR CH 2 ART 4 SEC 2A2 Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56C CO CH 10 SEC 10-56D CO CH 10 SEC 10-59C CO CH 10 SEC 10-59D CO CH 10 SEC 10-59E CO CH 15 SEC 15-120D1A CO CH 15 SEC 15-120D1 B LDR CH 4 ART 4 SEC 4A13 Please obtain Business Tax Receipt for rental property and apply for, pass inspection for, and obtain Certificate of Use and Occupancy. Contact Building Department at 561-742-6350 to resolve. Obtain permits and inspections for all buildings as noted in the Notices of Red Tag provided by the Boynton Beach Building Department. Repair rotten/missing siding on all buildings; permits are required. Repair all gutters and drainage on buildings to move water away from the structure of buildings; permits may be required. Clean out all storm gutters. Bring all air conditioning units up to code; hurricane straps, etc.; permits may be required. Repair all pool barriers and gates to meet current requirements; contact Building Department to inquire. Obtain permit for wood deck replacement at main pool located at 4101 Mahogany Drive. Obtain plumbing permits for work performed in rear of Buildings #14, 67 12, and 13. Remove hazardous pole sticking out of ground behind Buildings #9 and 13. Remove all concrete block and debris from around maintenance building. Repair vent on rear of laundry room. Replace all missing window screens. Repair all broken, cracked stucco on all buildings; permits are required. All landscaping needs to be maintained according to the Site Plan; must contact Planning and Zoning Department before removing or replacing at 561-742-6260. Remove all trash and debris from property including around the bulk and dumpster area. Replace all missing grass, hedges, and landscaping. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was August 7, 2021. This is not a repeat violator. A Courtesy Notice was issued September 1, 2021, with 90 days to comply. Notice was sent via certified mail on June 13, 2022, and the property and City Hall were posted on June 30, 2022. This case originated by Outreach Coordinator, Patrick Hart, and he was in contact with the Construction Manager previously regarding all the issues at the property. She took over this case in April 2022, and since then, only one permit for Building #2 has been applied for, but not approved. The property was last inspected on July 15, 2022. This is a health and safety hazard due to the overall condition of all the buildings. The Building Official, John Kuntzman, is present to testify to what he observed at the property if needed. The City is recommending compliance by August 11, 2022, or a fine of $500 per day, plus administrative fees of $384.12. It was noted a few people were present to speak if allowed. Ms. Zalman commented it has been almost a year and one permit was pulled. She questioned what the permit was pulled for. Officer Hill replied a permit was pulled for stucco for Building #2. She stated this is an entire apartment complex. Ms. Zalman stated she would hear from anyone who wants to testify. Jeanie Hernandez, witness, lives in Building #14 and she is the one who exposed everything going on after what happened to her building. She moved in virtually because of everything going on with COVID, and she was not shown the apartment until she was given a key on the first day. She has been there since last February and has been complaining about the structure of the building for a while. Employees in the Administrative office come and go. Since day one, she has been told there will be a renovation of the building, but she has looked online since 2015 and stated that Advenir has been lying to the tenants. A renovation was supposed to be done in 2015 and it has been seven years. Last October they gutted her building to the point she is in fear of her life. There are termites everywhere and the wood is rotted. The building is going to collapse at any time. She has pictures and has been in contact with the Mayor, Code Enforcement, and the Fire Marshall. The only reason she has been getting a little help is because she contacted Governor DeSantis' office, who sent her to the Department of Building and Regulations. Everyone is in fear of what is going to happen to this building, if a hurricane hits no one will survive. They put a band-aid on the problems and replaced a staircase and that is it. There have been accidents involving tenants; a dog fell through the stairs and someone's foot went through the stairs. Advenir does not want to be responsible for anything. Everyone is living in tough times; there is nowhere to live, everything is expensive, and these people are getting away with murder. They are moving people into a building that has a sign that says, "Under Construction". Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Zalman indicated there is testimony that the structural integrity of the building is in question and there is a tenant who is in fear. She asked Mr. Kuntzman for his opinion. John Kuntzman, Building Official, advised he made a couple of site visits last week. He met with the Contractor to fix loose decking and make things safe so there are not any trip hazards. He did a walk-thru of several buildings yesterday around 4:00 p.m. and some of the issues still remain. He is disappointed in their sense of urgency to make the repairs. They have one permit application, which is not issued. The permit was applied for in March and there is one Plan Review comment from the Fire Department, which involves evacuation of tenants while the stairs are being replaced; people cannot be in the building when repairs are being done. He has Architect and Engineer letters saying the stairs are safe; however, there is a lot of work to be done. He is going to look at taking the next step in resolving this issue and putting a sense of urgency with the property owner and Contractor because this is unacceptable. Ms. Zalman questioned if Mr. Kuntzman was referring to the consideration of shutting down certain areas that are not accessible. Mr. Kuntzman stated one issue that is concerning to him, and he is prepared to take the next step and it is not a building that has a permit application. Ms. Zalman requested Mr. Kuntzman stand by in case there were any questions during the Hearing. If there is nothing further, she will let the owners present evidence. Svone Remi, employee with the City of Boynton Beach, has been a resident of Advenir for almost two years. Originally, the first complaint came from his neighbor who lives on the third floor above him, where her floor rotted, and her partner fell through. Once repairs were done, she started the entire process. He has also experienced a lot of issues at that building and one of the main concerns in his building is the structure of the air conditioning. The air conditioning does not travel throughout the entire house, and they say there is nothing they can do. There are a lot of termites, and the destruction of the property can be seen all over. It is a crisis and needs to be looked at. Ms. Zalman asked if the air conditioning and termite issues are involved in the current issues. Officer Hill stated the air conditioning was not strapped down and were not up to code, so they are a part of this. Toni Pompa, Project Manager and Professional Expediter, and Dan Carson, owner's representative, were present. Ms. Zalman indicated the City wants an Order issued immediately with a compliance date of August 11, 2022; otherwise, the fine is $500 per day. She feels that is a pressure Order, Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 obviously these items will not be cured, but they are not seeing an end all to this and are hoping to push this along. Ms. Pompa has a checklist and has been involved in this project for about four weeks. There is an issue with the permits in the old platform versus the new platform, so she has been unable to do her research. The other issue is that tenants must be vacated and that is going to take organization of who they are vacating, where they are vacating them to, and how long they will be vacated. This mainly entails the staircase system, which is the permit Officer Hill is referring to. She did not want to pull 17 permits at a time and pulled Building #2 to figure out how they want everything, so they can replicate it for every stairwell system, that way tenants could be given two weeks' notice and an accurate timeline of how long they would be displaced. In order to bring this entire complex up to code, 60 days is not enough, that will just get a permit started. A lot of what has been done is considered an after the fact permit because it had to be fixed at the very moment. Ms. Zalman asked when Ms. Pompa was brought in on the project. Ms. Pompa thinks she was brought in on this project about three weeks ago. All she has been doing is the due diligence, finding out what is wrong, how many crews they have, how they are going to facilitate this, and how they are going to relocate tenants. She stated in six months they will just be getting permits and going through inspections. She reiterated that 60 days will not work with the number of permits needed. Ms. Zalman commented this has been a year and she does not want to provide compliance until August 11, 2022. She noted Ms. Pompa is going in the right direction, but as far as she is concerned, the Notices have been staggering; there is Notice within the community, to the Management, coming from the City, and to multiple agencies. The Building Official testified he is concerned for safety of human life, so she is glad they are on board. There will not be an Order today of 60 or 90 days, but she wants testimony for the record only. She is glad there is a plan and that they are moving forward. At a future date, once the fines have accrued, they can come back and present a lien reduction case and show a timeline as to how long everything took and what the costs were. Lien reductions are done every month and she would prefer that route because she thinks the pressure needs to remain. Mr. Carson explained the reason they brought on a Permit Expediter is because this process has been ongoing since February. They are getting ready to submit #5 on their Plan Review. The last several times, they have been told there is language on the plans that needs to be placed to meet the needs of the Fire Department and that language has been on those plans. This week the Fire Department stated the language is there; it is Item #11, so he thinks they should be able to work with Mr. Kuntzman to get the plans approved. They were told they could not repair anything without permits. Last week, they were told to start the repairs and they would do a permit after the fact, so that is what is going on. As far as photos shown, the pool was certified, he has an invoice for all the Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 gutters being cleaned this past year, and there were over 150 issues cited by the Boynton Beach Fire Department during their inspection. They have actively made repairs to all these items. He noticed they never received a reinspection from the Boynton Beach Fire Department and was informed emails have been going back and forth and they are not going to look at the property until October. Now that they are ready to pull a permit, it seems like they need an asbestos test, which they were informed of four weeks ago. Ms. Pompa stated an asbestos test is not needed; they needed the Boynton Beach Asbestos Statement. They have paid for asbestos tests, which came back negative, but they did not need that. They need someone who understands the Sage system, and she happens to be very good at all the electronic submissions. Some things need to be done in paper plans and some need to be done electronically. They need to get a hold of everything wrong with this property and then have a meeting with the Building Official and try to quell his frustration about the property. They also need to discuss with the tenants how they would like to be relocated. She understands because she is a tenant and some of them do not want to be relocated, but for their own safety they are going to have to figure out a way to enforce that. Ms. Zalman clarified this is not an ignored situation, but there have been roadblocks when trying to get things done. This has to be balanced as this is an investment property and the team has to get together to get pass the roadblocks. Ms. Pompa commented that her plan is to speak with the Building Official and find out how many crews they can immobilize at a time. If she immobilizes too many crews, then there is another safety issue with the tenants. She has the ability and fortitude to immobilize a crew for every building; however, her crew does not do work without a permit being posted. Kathy Cline Fire Marshall, was present. She stated the permit applied for was strictly for stairs and egress. The Fire Department's concern was they wanted to remove a set of stairs, which would create egress problems for other tenants. There were multiple comments and that is why the permit has not been issued for clarity that egress and life safety will always be upheld. Their recommendation was to evacuate tenants while this is being done. The permit is strictly for stairs, but there are a lot more issues going on in the building. They sent someone out on the day of the call for other violations such as exposed wires, etc., and they took pictures. They have been talking about what needs to be done to help with safety reasons. They have been in communication with the Building Department and made several trips as a Unit for the City going out to this complex to try to let them know of temporary things that need to be supported such as railings and columns, which are temporary until permits are received. It has been way too long to where they are today a permit for stairs is not enough. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Zalman told the owner there might be a point where they have to evacuate the tenants permanently. They might need to speak with Counsel because she does not know what the liability is. Mr. Carson stated they have had an architectural engineer inspect every building, who told them which staircases need to be replaced and what needs to take place. That was the first thing done in October 2021, and that took several months. Then, they had to come up with the Emergency Shoring Plan, which took another several months. At that time, they realized they had to bring someone in who fully understood the process. Mr. Kuntzman mentioned the request to work without permits was denied because if they are working on the stairs the tenants have to be evacuated. He encouraged them to make things safe. There is still a quarter beam hanging off one of the columns and it is in front of someone's door and sticks out about six to eight inches. He requested that be removed and it is still there. He also wanted them to take care of trip hazards immediately; there are boards sticking up, boards with screws sticking up, and areas where a piece of wood is screwed on top of the walkway, which creates a trip hazard. When he walked through yesterday, a lot of boards were replaced, but there were areas where screws were sticking up and where the board is loose and curling up right next to a board that was replaced. These conditions frustrate him because they are easy band-aids to make things safe. Ms. Zalman asked if flags can be around the area or if there are other ways to alert people to the hazards. Mr. Kuntzman stated there are. He saw a sign yesterday that said a walkway on the third floor was closed off. That alone, is reason enough to have everyone on the third floor removed because it is an egress issue. Mr. Carson indicated the signage on the third-floor breezeway was approved by the Fire Department by Jonathan Moore. Mr. Kuntzman advised that is not acceptable, egress paths cannot be closed anywhere. Mr. Carson said they were informed they could not barricade the egress. Ms. Cline stated they were told pathways for people on the third floor could not be closed unless tenants are evacuated. For clarification and on the record, they would have never said put signs up that say there is no access; that has been a major discrepancy with this permitting. While closing stairs, egress must be maintained. There must be some miscommunication because they would never block that for egress capability. The code requires two means of egress. Mr. Carson stated they can change the signage, but Mr. Moore was out there. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Cline reiterated they were out there and as a team trying to do temporary fixes for the safety of the residents. They did not want people leaning on balconies or on the handrails because it is unsteady, so the temporary solution was to provide signage and caution tape with minor notifications until these permits get applied for and immediately fixed, which was over nine months ago. Ms. Pompa asked if she and Mr. Kuntzman could have a half-hour conversation and create a roadmap to success, then she would take on the responsibility of removing tenants as per the work and making sure tenants are safe. Candice Stone, Director, Community Standards, advised there are two separate cases and suggested finishing with this case, so they could move to the staircases, which is Item #13 under the Certification Hearing that focuses on five staircases. Ms. Zalman mentioned the City recommendation is to start this on August 11, 2022, and there has been testimony from Mr. Kuntzman stating he has real concerns, and testimony from the Fire Department that this has taken way too long. She asked Mr. Kuntzman if he wanted to push pass August 11, 2022 and provide more time. Mr. Kuntzman advised they have known about these issues for a long time and the only application submitted was in March and it is still not issued. Ms. Zalman commented that is for the stucco. Mr. Kuntzman stated it is a stucco permit, but it addresses the stairs on Building #2. The thing that bothers him is that the Contractor told him last week that they are going to pull one permit at a time, and they are only going to pull a permit after the previous permit is completed. They are looking at 12 to 15 buildings, which would take one to two years, which is unacceptable. Ms. Zalman questioned if the reason they are asking for one permit at a time is because they do not want to evacuate the entire building; they want to do portions at a time. Mr. Kuntzman stated any time they work on the stairs, the second and third floors need to be evacuated because of egress. He understands they want to make the repairs, but they have had a long time. Ms. Zalman asked Officer Hill if her recommendation is still August 11, 2022. Officer Hill replied yes. Every time they visit that property, they meet with different people who say they are just getting involved. The least amount of time the better. Carlos Fernandez, THS Contractor, was present. When he spoke with Mr. Kuntzman, he told him he wanted to get the first permit right because he does not want to pull 20 Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 permits and have them all disapproved. He has been trying to get the permit approved since March; he has the crew. He can do three to four buildings at a time, but he does not want to keep pulling permits when he cannot get one right. Ms. Zalman recapped that three different departments: Code Enforcement, Fire Department, and the Building Department, along with tenants testifying of concerns. There are quotes on the record from the Fire Department and Building Department regarding their concerns about safety. The Order will be entered for August 11, 2022; otherwise, the fine will be $500 per day, plus administrative fees of$384.12. It has been indicated that Ms. Pompa and Mr. Carson are fearful of roadblocks or misunderstandings or miscommunications with the City, and she likes the recommendation to set up a meeting to have a plan. Ms. Stone mentioned there are multiple items other than the stairs and the City is asking that the other items be completed and corrected that has nothing to do with the permit. She reiterated there are two separate cases to focus on such as the five emergency stairs. Mr. Carson stated this is in reference to the decking and the boards. It states permits, plans, and inspections are required. If they can start replacing bad and loose decking boards without a permit, they will do so. Ms. Stone suggested Mr. Carson review the Notice and look at the violations listed; they are not all permitted related violations. Ms. Zalman believes if the list is broken down that writing out each item would be the next step. That is her recommendation because it sounds like a lot of that can be wiped out quickly. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 11 2022, or a fine of $500 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. 21-2615 Gingrich John G & Maureen E Property Address: 2008 South Federal Highway, #406 Property Violation(s): As noted in the Notice of Violation Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by August 19, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Zalman mentioned the photograph of them bringing in the unpermitted air handler and stated that is good evidence. Officer Weixler commented that they applied for a permit on February 20, 2022, but it was disapproved on March 4, 2022. There is 138 days of non-activity. 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 19 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0957 Luchey Andrew Property Address: 2216 SE 4t" Street Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Obtain permit for unpermitted building exterior doors. Window and water heater in Unit D were installed without a permit. Unit D exterior wall repaired without a permit. CH 15 SEC 15-120D1A CH 15 SEC 15-120E2A CH 10 SEC 10-56D CH 10 SEC 10-56E Interior and exterior structures shall be maintained in good repair; sanitary and structurally sound. Extermination required for infestation in Unit D. Life Safety violation — smoke detector missing in bedroom in Unit D. Repair damaged ceilings in all units caused by water intrusion from a leaking roof. Remove all outside storage, trash, and debris. Roof repair appeared to be in progress without a building permit. Officer Weixler presented this case, which was a citizen complaint. The initial inspection was on April 12, 2022, with 30 days to comply. This is not a repeat violator. The property was posted on June 29, 2022. An unpermitted window was installed in Unit D and the window was not sealed around the frame. It was noted that insects were coming in through cracks in the walls, which were covered with pieces of tape. The tenant advised Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 that a new water heater was installed without a permit, but the wall was sealed, so no pictures could be taken. The property was last inspected yesterday by checking to see if any permits were pulled and they were not. Photographs were submitted. This is a safety hazard because of the smoke detector. The City recommends a compliance date of August 11, 2022, or a fine of$150 per day, plus administrative fees of$384.12. Andrew Luchey, property owner, was present. The Respondent stated there were a lot of problems, but there has not been an inspection since then. All the life and safety issues have been handled along with everything else except for obtaining the permits. The property has been exterminated, painted, and a smoke detector was installed. The tenant was being evicted and would not allow them in to do some of the repairs and that is what caused the delay. There was hurricane damage and there is a claim that has been pending for about a year and a half. He is requesting 60 days for the permits. Ms. Zalman questioned if the Respondent brought any paperwork regarding the eviction or the work that has been done. The Respondent spoke with Officer Weixler yesterday and was told everything would be all right, so he did not bring the paperwork. Based upon their conversation, Officer Weixler stated he would give the additional 60 days for the building permits. Ms. Zalman advised this is not okay, it is one of the worst cases she has been in a long time. She asked if an eviction was filed. The Respondent replied yes, but the tenant is still there for another five days. Ms. Zalman understands there is evidence that the tenant was preventing access, which is on record. Officer Weixler indicated the City is looking for compliance. There was a hurricane in 2017 that created damage and due to that there is an insurance claim, which is still pending. Ms. Zalman stated there is no permit application in the file. She usually allows more time if it is already in process, but it has not been applied for. The Respondent spoke with John in the Permitting Department to understand what needed to be done and that is where the process is. The leak has been repaired and a reinspection can be done. He reiterated that everything is in compliance except the permits for work done due to the damage from the hurricane. Ms. Zalman asked if John provided an estimate on the permit time. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 The Respondent said John suggested 60 days, he said it could go faster or longer. Ms. Zalman commented that the other issue is if the violations have been taken care of since there has not been an inspection. The Respondent indicated an inspection can be done any time; he can take a few pictures and send them to her. Officer Weixler stated he would not be available until sometime next week. The Respondent advised he received Notice on April 18, 2022, and left Officer Weixler several messages that went unanswered. He then had to call his Supervisor on May 19, 2022, who returned his call, so there was a slight delay. He immediately took care of all the life safety violations. Officer Weixler suggested giving the Respondent a 30-day extension and within that time they can do an application for the permits and an inspection can be conducted. Ms. Zalman asked if there was an objection to extending the case to September 12, 2022. Officer Weixler replied no. Ms. Zalman indicated she will extend the case to September 12, 2022 and noted administrative fees in the amount of$384.12 have been assessed. She stated the fine of $150 per day will not accrue until after September 12, 20227 if not in compliance. The Respondent asked if there is a valid mailing address for them because they are receiving the Notices from the tenants. Ms. Zalman advised the Respondent to update his address on the Property Appraiser's site, so anything mailed will go to that address. In addition to updating the Property Appraiser's site, she suggested providing the information to Tanya Guim. The Respondent provided an updated address of 8517 Estate Drive, West Palm Beach, FL 33411. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 12, 2022, or a fine of $150 per day. Administrative fees have accrued in the amount of $384.12, which will be in the Order and must be paid. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Case Hearing Case No. 22-1008 Luchey Andrew & Gail Property Address: 2212 SE 4t" Street Property Type: Multi-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Obtain permit for demolition of carport, roof, wall, and stucco work. CO CH 15 SEC 15-120D1A CO CH 15 SEC 15-120E2A CO CH 10 SEC 10-56D CO CH 10 SEC 10-56E Interior and exterior structure shall be maintained in good repair, and sanitary and structurally sound. Officer Guillaume presented this case, which was a routine inspection. The initial inspection date was April 14, 2022, with 30 days to comply. This is not a repeat violator. The property was posted on June 29, 2022. There are noticeable cracks on the wall around the window and according to the tenant, every time it rains, water goes through the wall. It is believed the cracks were formed when the carport roof was removed because of the storm damage. He explained to the Respondent that even though he is waiting for the claim to repair the carport roof, it is critical that he makes it clean and sanitary for the welfare of the tenants. The Respondent advised he put the caulking on the cracks and water no longer gets inside the house. There is an Ordinance for aesthetics and a coat of paint would make a difference. The last inspection was on July 19, 2022, and no permits were pulled. This is not a life safety hazard. The City recommends a compliance date of August 11, 2022, or a fine of $50 per day, plus administrative fees of$384.12. Andrew Luchey, property owner, was present. Ms. Zalman questioned if the goal is to rebuild the carport once the insurance comes through. The Respondent replied that is the goal. The house is not leaking, and it will be painted by the end of the day. Ms. Zalman asked what needs to be done by August 11, 2022. Officer Weixler stated he would need to do an inspection on the inside of the home and if anything appeared to be mold or if there is still water intrusion, he will require a mold assessment be conducted. If he does not see anything, he would be all right. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Zalman thinks August 11, 2022 is more than enough time. She asked if the tenant is more agreeable to allow access. The Respondent stated he will need additional time because he has been told to get a permit because the carport was removed due to the damage. Ms. Zalman asked if August 11, 2022 includes obtaining a permit for the demolition as well. Officer Weixler replied yes. He suggested a dual Order, making it the same timeframe as the other permit. Ms. Zalman stated there will be an inspection to check on the aesthetics and to prevent the leaking. Both Orders will be for September 12, 2022, and both have accrued administrative fees in the amount of $384.12, but there is no fine unless it is not in compliance by August 12, 2022. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 12, 2022, or a fine of $150 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. 22-1207 DiFabio Barbara Property Address: 2309 South Federal Highway, #11 Property Violation(s) As noted in the Notice of Violation: Officer Weixler presented this case. This is not a health and safety hazard. The City recommends a compliance date of August 19, 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 August 19 2022, or a fine of$25 per day, plus administrative fees of$384.12. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Case Hearing Case No. 22-0618 JMP Marble & Grante Inc. Property Address: 1611 North Seacrest Boulevard Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please apply for unpermitted gazebo and shed in the rear of the property Contact Building Department at 561-742-6350 to resolve Officer Guillaume presented this case. The initial inspection date was March 2, 2022. A Courtesy Notice was issued with 30 days to comply. Notice was posted on the property and City Hall on June 30, 2022. The property was last inspected on July 19, 2022. The City is recommending compliance by August 19, 2022, or a fine of $50 per day, plus administrative fees of$384.12. Jaime Montelvan, owner, was present. Ms. Zalman explained the City wants the property in compliance by August 19, 2022, and she questioned if that is enough time. Juan Neiro, Alliance Contracting Services, was present. He stated that based on the record of the City of Boynton Beach, a minimum of 60 days will be needed. Ms. Zalman asked if the City had any objections to 60 days. Officer Guillaume did not have any objections. Ms. Zalman advised that the compliance date will be September 19, 2022; otherwise, $50 per day. As of this date, administrative fees in the amount of$384.12 has accrued. Officer Guillaume asked if that is for compliance for permitting or closed permits. Mr. Neiro stated that is not the violation, the violation is for not having permits for the structure; the structure is under construction. By pulling the permit, they would be in compliance and once the structure is completed, they will go through the process of inspections. Supervisor Pierre advised that is correct. As soon as they pull the permit the case will be closed. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Decision Based on evidence and testimony, Ms. Zalman ordered a compliance date of September 19, 2022, or a fine of$50 per day. Administrative fees of$384.12 have accrued and must be paid. Case Hearing Case No. 21-2331 Michael Freedman Property Address: 1912 Palm Land Drive, D Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain required building permits for unpermitted water heater, electrical panel, and new restroom Contact Building Department at 561-742-6350 to resolve Officer Hart presented this case. Notice was posted at the property and City Hall on June 30, 2022. The water heater permit has been approved, the electrical panel permit has been approved and completed, but permits for the bathroom renovation have not been applied for. The City recommends a compliance date of August 19, 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 19, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0561 Sukhu Lloyd & Maywantie Property Address: 651 SW 2nd Avenue Property Type: Single Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please repair and replace dilapidated fence; permits may be required. Obtain permit for shed in backyard. Contact Building Department at 561-742-6350 to resolve. Officer Hart presented this case, which was a routine inspection. The initial inspection date was February 23, 2022. This is not a repeat violator. A Courtesy Notice was issued on February 24, 2022, with 30 days to comply. The property and City Hall were posted on June 30, 2022. Fence permits were applied for, but disapproved on May 25, 2022, and Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 the Respondent has a permit for the shed in hand from 2021. The property was last inspected on July 14, 2022, and the violations still exist. The City recommends a compliance date of August 19, 2022, or a fine of$50 per day, plus administrative fees of $384.12. In response to Ms. Zalman, Officer Hart stated the shed issue is closed. Lloyd Sukhu, property owner, was present along with his son, Chip Persaud, as a translator. Ms. Zalman thinks they need more time to come into compliance and asked how much time they need to get the permit. Mr. Persaud does not know how long it will take, but Officer Hart said he would point him in the right direction. They replaced a six-foot fence with a six-foot fence; all he needs is the permit. Ms. Zalman extended the compliance date by 60 days, to September 15, 2022; otherwise, there will be a fine of$50 per day. Administrative fees of$384.12 have accrued and must be paid. Officer Hart stated he would go over everything with Mr. Persaud after the Hearing. In response to Ms. Zalman, Ms. Guim advised as soon as the Order is ready it will be mailed and then payment can be made via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of September 15, 2022, or a fine of$50 per day. Administrative fees of$384.12 have accrued and must be paid. Fine Certification Hearing Case No. 22-1012 IStorage PO LLC Property Address: 2951 SW 14th Place Property Violation(s): CO CH 13 SEC 13-7 Inclusive CO CH 13 SEC 13-16 LDR CH 2 ART 4 SEC 2A2 Please obtain permits for work performed without permits. Contact Building Department at 561-742-6350 to apply. Requirements are posted in the Red Tag posted by the Building Department. Please obtain a Business Tax Receipt for rental property. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Apply for inspection for Certificate of Use and Occupancy. Contact Building Department at 561-742-6350 to resolve. Officer Hart presented this case. Notice was posted on the property and City Hall on July 1, 2022. Per Nadaline, the Business Tax Receipt and Certificate of Use and Occupancy have not been applied for. According to Sage, permits for the cameras, air conditioning units, and garage doors have not been applied for as well. The City recommends a compliance date of August 19, 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 August 19, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No. 22-1009 Advenir@LA Costa LLC Property Address: 10101 Mahogany Drive Officer Hill presented this case. The Special Magistrate Hearing was April 27,2022 and the Respondent did appear. A compliance date was set for May 27, 2022, or a fine of $500 per day, plus administrative fees. The property was inspected on July 19, 2022, and the violations still exist. There are 54 days of noncompliance, and the fine continues to accrue at $500 per day. As of today, the fine is $27,730 plus administrative fees of $384.12, for a total of$28,114.12. In response to Ms. Zalman, Officer Hill indicated this was for Buildings #1, 2, 12, and 14, exterior structural repairs. Stairs and decking permits are required. Ms. Zalman commented there was a previous Hearing and $500 have been accruing to date to close the open violations on the stairs. At this point, the fine continues to accrue until the case is closed. Tony Pompa, Project Manager and Permit Expediter, was present. She stated that usually when she attends Magistrate Hearings, she has already pulled the permit, passed inspection, and is asking for mitigation of fees, but this is not the case. She cannot ask for mitigation, but she wants to focus on speaking with the Building Official on how they can deploy the teams safely and get the permits required, the inspections passed, the building safe, the tenants happy, and then she will gladly come back to plead for mitigation on the fees. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Ms. Zalman stated her recommendation would be to bring in paperwork with the amount spent, a timeline showing when things were in permitting and the dates. She asked that Mr. Carson share the violations noted on the original Notice Hearing from the previous Hearing. Candice Stone, Director, Community Standards, commented there needs to be significant progress with permits being pulled and those meetings need to happen as well as work done at the property because the City will be looking for authorization in 90 days to foreclose. This is a serious situation, and all eyes are on this property. Ms. Hernandez, in Building #14, asked what would happen with the tenants. Ms. Zalman advised she would have to talk to the Property Manager. If there is going to be relocation, there would be a 14-day notice in writing. Ms. Pompa stated she will start with Building#14 and provided her contact number to Ms. Hernandez. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $28,114.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 21-0898 Richardson Robert & Liliana Property Address: 295 SE 10th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Obtain permits for the newly replaced fence. Officer Weixler presented this case. The Notice of Violation was April 7, 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. The date complied was July 14, 2022, when a permit was issued. There are 90 days of noncompliance and the fine ceased on July 14, 2022, at $50 per day, plus administrative fees of $384.12. The fine is $4,500, plus administrative fees of $384.12, for a total of$4,884.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Decision As no one was present to testify, Ms. Zalman certified the fine of $4,884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-0973 510 E. Boynton Blvd. Trust Property Address: 510 East Boynton Beach Boulevard Property Violation(s): LDR CH 15 SEC 15-120D1A LDR CH 4 ART 3 SEC 11 LDR CH 2 ART 2 SEC 2-F1 and B3 Officer Weixler presented this case. The Notice of Violation was on April 15, 2021. The Special Magistrate Hearing was on February 16, 2022, and the Respondent did not appear. A compliance date was set for May 17, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on July 19, 2022, and the violations still exist. There are 64 days of noncompliance, and the fine continues to accrue at $50 per day, plus administrative fees of $384.12. As of this date, the fine is $3,200, plus administrative fees of$384.12, for a total of$3,584.12. Valerie Pleasonton, Trustee and owner of the business that leases the building, was present. Ms. Zalman questioned the status of resolving the violations. Ms. Pleasonton apologized for not being at the February Hearing; she is in treatment for Cancer, and she also got COVID during that time. She called and told the Building Inspector that she would not be able to attend. They have been trying to find someone to take away the container. They came up with a plan to have it shipped to a place in North Carolina, but due to the national shortage of truckers, they have not been able to find anyone willing to help. They have been in contact with several local people who sell containers, but many will not take it away. She told Officer Weixler about this. Officer Weixler explained the container is outside storage and it is prohibited on commercial property. The other violation was that the parking lot needed to be resealed and restriped. Ms. Pleasonton indicated they filed a permit a couple of years ago, prior to COVID, and went through a lot of the permitting, and then everything shut down due to COVID. They recently returned to the Permitting Department and asked what they needed to get this going and the answer is they need to start over and get their drawing recertified by the architect. Unfortunately, the architect retired and moved away, and they cannot contact him, so they have been trying to find another architect to start from scratch or to see if the Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 drawing needs to be changed. When the drawing was done, they wanted to upgrade their building to be ADA compliant, so they were going to grind the sidewalk to make it no entry into the parking lot. Ms. Zalman stated that needs to be addressed as well, so they have the paving and removal of the container. Ms. Pleasonton commented that she has studied the rules of the City Code Compliance, which says a lot and that a permit is not required to maintain the parking lot. Her plan is to put the ADA compliance on hold, since that was voluntary, and just reseal the parking lot. In response to Ms. Zalman, Officer Weixler is under the impression that just putting down a sealcoat does not require a permit, but stripes require a permit because ADA specifies the lines. Because this is a business and it is regulated by Planning and Zoning and Engineer, it requires a permit. The business is Ace Hardware. Ms. Pleasonton mentioned when the container came to her about seven years ago, she met with the City and was informed a permit was not needed. She was told to place it somewhere it would not be in the way and to try to keep it away from powerlines and that is why it is behind the building. Ms. Zalman questioned if the parking lot is sealed if this is a closed issue. Officer Weixler replied yes; it is a two-prong case. It was initially a complaint last year. He has given Ms. Pleasonton a list of Engineers from the Building Department and asked her to contact some of them to see if someone can help her. Ms. Zalman advised if it would have been brought to her attention during the first Hearing that Ms. Pleasonton was in Cancer treatment and/or had COVID she would have postponed the Hearing. Because of this, she is considering this the first Hearing and accruing starts after today; therefore, the 64 days were wiped clean. The fine will be $50 pre day and will start accruing 20 days from today. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of August 9, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No. 21-2514 Murray Debra Property Address: 1951 NE 1St Way Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Officer Karageorge presented this case. The Special Magistrate Hearing was on February 16, 2022, and the Respondent did appear. A compliance date was set for May 10, 2022, or a fine of $50 per day, plus administrative fees of $384.12. The property was last inspected July 19, 2022, and the violation still exists. There are 66 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,300, plus administrative fees of$384.12, for a total of$3,684.12. 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 $3,684.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0152 Norelus Iglad Property Address: 1519 NE 1St Court Officer Karageorge presented this case. The Special Magistrate Hearing was on April 20, 2022, and the Respondent did not appear. A compliance date was set for May 9, 2022, or a fine of $50. The property complied on June 30, 2022. There are 51 days of noncompliance at a rate of$50 per day, for a total fine of$2,550, plus administrative fees of$384.12, for a total of$2,934.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $2,934.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1872 Andrews Susan J & George C Property Address: 1046 SW 27th Place Officer Hart advised the City would like to table this case for 60 days based on permitting issues. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida July 20, 2022 Decision As per the City's request, Ms. Zalman tabled this case for 60 days. Fine Certification Hearing Case No. 21-3150 Barnes Richard & Cathy Property Address: 232 SW 6t" Street This case complied prior to the Hearing. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:04 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 25