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Minutes 10-19-22 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 19, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candace Stone, Director, Community Standards Tanya Guim, Administrative Supervisor Community Standards Isis Sablon, Community Standards Associate Miranda Mohorn, Community Standards Associate Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:07 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 6 22-1931 Complied 7 22-1933 Complied 10 22-1977 Complied 11 22-1979 Complied 13 22-2054 Complied 14 22-2070 Closed 25 22-0201 Complied 29 22-1970 Complied 32 22-1450 Complied 35 21-2492 Complied 37 22-1947 Tabled 30 days 48 21-2750 Removed 49 22-0209 Removed Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 IV. NEW BUSINESS Case Hearing Case No. 22-0038 Sunny Side In Florida IV LLC Property Address: 323 NE 10th Avenue Type of Property: Multi-Family Property Violation(s): LDR CH 2 ART 42A2 Please obtain building permit for all work required including remodeling, plumbing, and electrical. Contact Building Department to apply. Officer Estime presented this case, which was a routine inspection. The initial inspection date was January 5, 2022. This is not a repeat violator. Written Notice was issued on January 12, 2022, with 30 days to comply. The property was posted on October 7, 2022. An interior remodel permit was applied for on April 26, 2022; the permit has had numerous review cycles for electrical, plumbing, and structural has been disapproved as of September 24, 2022. The property was last inspected on October 13, 2022. This is not a health and safety hazard. The City recommends compliance by November 10, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Josh Hernandez, Property Manager, was present. Ms. Zalman asked if Mr. Hernandez has permission by written authorization to be here on behalf of the property. Officer Estime stated Mr. Hernandez does not have a sheet on file with their department, but he has been in contact. Ms. Zalman advised the City is recommending until November 10, 2022 and asked how much time is needed. Mr. Hernandez indicated things have been missing between the Engineer and Contractor, but they finally got everything done. The Engineer sent everything to the Contractor, but the Contractor was on vacation; he just returned and will submit the paperwork. He requested an additional 30 days just to be safe. Officer Estime commented that this has been pending since January, so he would like to keep the original compliance date. Ms. Zalman advised she did not have an issue allowing an additional ten days, until November 20, 2022; otherwise, a fine of $100 per day shall accrue. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be sent via mail. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 20, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1699 Davis Craig Jr. Property Address: 541 NW 9t" Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-16 Business without a Tax Receipt. COH CH 15 SEC 15-120D1A Please remove all trash and debris. Officer Estime presented this case, which was a routine inspection. The initial inspection date was June 21, 2022. This is not a repeat violator. A Courtesy Notice was issued on June 29, 2022, with 21 days to comply. The signed card was dated August 19, 2022. The property was last inspected on October 11, 2022. This is not a health and safety hazard. The City recommends compliance by November 10, 2022, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Craig Davis, owner, was present. Ms. Zalman asked if these are tenants. Mr. Davis advised he lives at the property and noted that the violations were taken care of over the weekend. Officer Estime stated that he inspected the property on October 11, 2022. The property owner is saying, he lives at the property, but the Utilities are in the tenant's name and the property is not Homesteaded. Mr. Davis explained that the person who lives with him needed an address in order to get custody of his son, so he let him put the Utilities in his name. Ms. Zalman commented that Officer Estime is looking for a Business Tax Receipt. When there is a tenant, you are supposed to apply for a Business Tax Receipt showing you receive an income of the property. She asked Officer Estime how long it would take to apply for the Business Tax Receipt. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Officer Estime stated if Mr. Davis contacts him he can have the Business Tax Division process it. Ms. Zalman advised that Mr. Davis should apply for the Business Tax Receipt right away because the City is recommending compliance by November 10, 2022; otherwise, a fine of $75 per day will accrue. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 10, 2022, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1744 Jabr Kamal Property Address: 203 NE 11th Avenue Type of Property: Multi-Family Property Violation(s): LDR CH 3 ART 2 SEC 6 Visual obstruction. LDR CH 2 ART 4 SEC 2A2 Please obtain permits for all doors replaced on the north building. Contact Building Department to apply. COH CH 15 SEC 15-120D1 D Sod all bare areas of lawn to achieve a green appearance. Officer Estime presented this case, which was a City Department referral. The initial inspection was June 23, 2022. This is not a repeat violator. Written Notice was issued on June 29, 2022, with 30 days to comply. The property was posted on September 30, 2022. He spoke to the property owner on October 13, 2022. The property owner contacted a General Contractor to apply for permits for the doors. The property was last inspected on October 13, 2022. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Kamal Jabr, owner, was present. Ms. Zalman questioned how much time Mr. Jabr needs to bring this into compliance. Mr. Jabr indicated that he took care of the grass but stated the door has been there almost five years. He called different General Contractors, but they want around $3,000 to get the permit. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman advised it requires a permit and must get done. Unfortunately, if the Contractor would have obtained a permit when he installed the door this process would have been avoided. Contractors are supposed to go to the City and get a permit before they proceed with the construction; it is more complicated after the fact. Officer Estime stated he was fine allowing additional time to get the permit submitted. Ms. Zalman suggested a December 18, 2022 compliance date; otherwise, a fine of $75 per day will accrue. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be sent via mail. Ms. Zalman asked if the trees were also included. Officer Estime advised that the shrubs are causing a visual obstruction to vehicles on NE 1St Street turning east onto NE 11th Avenue. He noted the hedges have been trimmed. Mr. Jabr indicated that a long time ago someone from the City told him if the shrubs were three feet high there would not be a problem and they are less than three feet. Ms. Zalman asked if Mr. Jabr has another Hearing after this. Mr. Jabr replied yes. Ms. Zalman advised Mr. Jabr needs to find out exactly what must be done. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 18, 2022, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2352 Advenir@La Costa LLC Property Address: 10101 Mahogany Drive Type of Property: Multi-Family Property Violation(s): COH CH 10 SEC 10-56E Repair interior flooring in Building 14, Unit 211. A permit may be required. Contact Building Department to inquire. Officer Guillame presented this case, which was a citizen complaint. The initial inspection was August 24, 2022. This is not a repeat violator. Written Notice was issued on August 257 2022, with five days to comply. The signed card was dated September 22, 2022. The tenant who initially made the complaint has moved out of the unit and the vacancy was verified on October 11, 2022. The property was last inspected on October 11, 2022. This Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Dan Carsden, owner, was present. Ms. Zalman reviewed the photographs submitted and noted that the City is recommending until November 7, 2022 to comply; otherwise, a fine of $100 per day will accrue. She questioned the status. Mr. Carsden indicated he met with Cody Roberts, City Structural Engineer, yesterday. The question is regarding some broken concrete on the floor. As of yesterday, all Mr. Roberts is requesting is a letter from their Engineer stating the course of repair that needs to be taken.After he receives the letter, he will determine whether it needs to be permitted. Ms. Zalman thinks this is going to go past November 7, 2022, because if it requires a permit, they will have to go through the permit process. Mr. Carsden stated that their Engineer lives in Tampa Bay and has been dealing with the after-effects of Hurricane Ian. When he spoke to the gentleman this morning, he asked for two weeks to get him to the site, to look at it, make recommendations, and get to the City. Officer Guillaume indicated since the unit is vacant, he did not think it was an emergency. He is all right extending the time. Ms. Zalman questioned if the unit is rented yet. Mr. Carsden replied no and stated they put in the down status not to be leased until this is resolved. Ms. Zalman does not see this as a rush and thinks it can be pushed to December. She advised the compliance date will be extended to December 15, 2022; otherwise, a fine of $100 per day willl accrue. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 15, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1475 Kasdan Alexandra Property Address: 501 SW 3rd Street Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain and approve permit for shed structure as required. Please contact Building Department at 561-742- 6350 to resolve. Officer Hill presented this case, which was a routine inspection. The initial inspection date was June 1, 2022. This is not a repeat violator. Written Notice was issued on June 6, 2022, with 30 days to comply. Notice was sent Certified Mail on August 16, 2022. Notice was posted at City Hall and on the property on October 7, 2022. The owner applied for a shed permit on June 15, 2022, and comments were emailed to the owner on July 11, 2022. To date, no corrections have been submitted to get this permit approved. The property was last inspected on October 18, 2022. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Alexandra Kasdan, owner, was present. Ms. Zalman advised the City is recommending until November 18, 2022, to bring this into compliance and asked if that is enough time. Ms. Kasdan requested a little longer; her brother passed away in August and that is why she has not finished the permit process. She is in the process and spoke to someone in the office about the last step, and she was told to submit some paperwork, which she has not had a chance to do. She is a newly single mom and there is a lot going on. Ms. Zalman questioned if Officer Hill had an objection to an extension of time and if there were any health or safety issues. Officer Hill does not have any objections. Ms. Zalman asked Ms. Kasdan how much time would be helpful. Ms. Kasdan stated mid-December would help. She questioned if there was anything she could do about the fines; if there is Community Service or payments because she is financially strapped. Ms. Zalman advised she would extend the compliance date to December 30, 2022; otherwise, a fine of $100 will accrue. She noted administrative fees in the amount of $384.12 have accrued and must be paid. Nothing can be done at this Hearing, but payments can be made. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 30, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1931 Augustin Jordan Property Address: 413 SW 4th Street Officer Hill advised this case has complied. Case Hearing Case No. 22-1933 Garcia Oscar Jr. & Garcia Estel Property Address: 441 SW 4th Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-1938 Design by Stephanie O LLC Property Address: 124 SW 12th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 COH CH 10 SEC 10-56D Please obtain and approve Building permit for all construction including garage doors, windows, and fence installation, which is currently in progress. Please place proper premises identification address on structure. Numbers must be a minimum of four inches in height, contrast with a background, and Arabic or Alphabet numerals, visible with the City street and no obstructions. Officer Hart presented this case. The property and City Hall were posted on September 30, 2022. The violation still exists. The City recommends compliance by November 18, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1956 Sacco Mark A Property Address: 441 SW 5t" Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): COH CH 10 SEC 10-60B LDR CH 2 ART 4-110.10.1 Please remove and open all storm shutters to maintain an unobstructed means of egress. All storm shutters must be open or removed within 15 days after termination of such period that has been designated by the National Weather Service as being a Hurricane Watch or Warning. Officer Hart presented this case, which was a routine inspection. The initial inspection date was July 8, 2022. A Courtesy Notice was issued on July 19, 2022, with 15 days to comply. Notice was posted on the property and at City Hall was October 7, 2022. Most of the shutters have been in the up position and the ones in the back and side of the property, which he cannot access, appear to be down; he was not sure if they are locked. If so, that is a health and safety hazard. The City recommends compliance of November 7, 20227 or a fine of$50 per day, plus administrative fees in the amount of$384.12. After speaking with Mr. Sacco today, he said the shutters on the side of the house are down, but they are not in a locked position, they are down to block the eastern sun in the morning. Mark Sacco, owner, was present. Ms. Zalman indicated this has been going on since the summer and the City is recommending until November 7, 2022, to take care of this issue. Mr. Sacco stated he opened the shutters; he could not find the poles to keep them open. Ms. Zalman commented that this is a health and safety hazard in case someone is inside and there is a fire. She advised Officer Hart will inspect the property and once he sees the shutters are open, the case will be closed. Administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be sent via mail. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 7, 2022, or a fine of$50 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1977 Camille Jean R Property Address: 146 SW 7t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-1979 Vonerick Capital Partners LLC Property Address: 223 SW 7t" Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-2009 Laxton Michael & Brooke Property Address: 431 SW 1St Avenue Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. The Respondent was given 15 days to comply. Notice was sent Certified Mail on August 11, 2022. The property and City Hall were posted on October 7, 2022. This is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 7, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Case Hearing Case No. 22-2054 Jeantz Fernando & Duclos Elbita Property Address: 440 SW 4t" Avenue This case was closed prior to the Hearing. Case Hearing Case No. 22-2070 Matias Iris Property Address: 451 West Ocean Avenue This case was closed prior to the Hearing. Case Hearing Case No. 22-2258 Jean-Louis Raynold Property Address: 308 SW 2nd Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent Certified Mail on August 16, 2022, and the signed green card was dated August 24, 2022. The truck has been removed, but the fine has not been paid. This is not a health and safety hazard. The City recommends an immediate fine of$100, plus administrative fees in the amount of$384.12. Ms. Guim explained this is a truck parking regulation and it is a first offense. 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 an immediate fine of $100, plus administrative fees of$384.12. Case Hearing Case No. 22-0687 Ferreira Anderson Property Address: 1044 Fosters Mill Road Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Must apply for and obtain permit for fence and gate causing an obstruction to the easement. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 A permit is also required for the open-air structure and pavers. Please contact Building Department at 561-742-6350 to resolve. Officer Hill presented this case, which was a citizen's complaint. The initial inspection date was March 9, 2022. This is not a repeat violator.Written Notice was issued on March 14, 2022, with 30 days to comply. Notice was sent Certified Mail on August 22, 2022, and the signed green card was received on September 12, 2022. The owner has applied for a paver and open-air structure permit on May 11, 2022, and comments were emailed to the owner on June 5, 2022. To date, no corrections have been made to get this permit approved, and no updated fence permit has been applied for. The property was last inspected on October 18, 2022. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Fabiola Lopez, owner's wife, was present. Ms. Zalman asked if Ms. Lopez is a co-owner and stated that the City is recommending until November 18, 2022. It appears the permitting process has not been complete; there are notes to correct some issues with the permit. Ms. Lopez commented that she did not know the issue was the fence because when she purchased the house the fence was there. She did not complete the permit process because of the gazebo. Ms. Zalman questioned if Ms. Lopez would be able to finish the process by November 18, 2022. Ms. Lopez stated she needs one thing to finish; she already hired a Contractor. She mentioned the fence in the back and questioned the problem. Ms. Zalman advised Ms. Lopez to let the Contractor know this must be done by November 187 2022; everything must be in process including the permit approval; otherwise, there will be a fine of$100 per day. Officer Hill explained that according to the Planning and Zoning Department, the easement cannot be blocked. The neighbor who made the complaint must also have access to the easement because it is becoming overgrown and no one has access, so the fence needs to be moved. The Zoning Department said the fence was put in the wrong location. There was a permit for the gate, but it was not put in the correct place according to plans that were submitted. They said with the permit submitted, she can reopen the permit and correct the gate location, and then request an inspection to get that part complied. As the owner of the property, Ms. Lopez is responsible for the fence and gate. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman questioned when Ms. Lopez bought the property. Ms. Lopez replied three years ago. Ms. Zalman stated that Ms. Lopez could go back to her closing documents to see if there is a survey, and then reach out to her title company. She advised the compliance date is November 18, 2022; otherwise, a fine of$100 per day will accrue. She noted there is the removal of the gate over the easement and possibly replacement of the other gate. Officer Hill clarified that Ms. Lopez is saying she has approval from FP&L to put a gate there, it is just not in the correct location. Ms. Zalman advised an Order will be sent via mail. She noted that administrative fees in the amount of$384.12 have accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1246 Bell Alberta Living Trust Property Address: 1213 NW 4t" Street Type of Property: Commercial Property Violation(s): Chronic Nuisance Declaration COH 15 ART 8 SEC 15-115 Officer Hill presented this case, which was a City Department referral. The initial inspection date was May 6, 2022. Written Notice was issued on May 9, 2022. The owner was given a Declaration of Chronic Nuisance and a Notice of Chronic Nuisance Violation with 90 days to comply. The owner refused to sign the Nuisance Agreement, and therefore, 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 the requirements of Chapter 15, Article 8, Section 15-115; therefore, this matter was set for a Hearing pursuant to Chapter 15, Article 8, Section 15-116. Exhibit A includes the Declaration of Chronic Nuisance that was sent Certified Mail on May 9, 2022. A signed Proof of Service was received dated May 31, 2022. Officer Hill also hand delivered the Notice to Octavia Bell, and she signed the Affidavit of Service on May 11, 2022. An Amended Declaration of Chronic Nuisance was emailed and sent Certified Mail on July 28, 2022. Proof of Service was received dated August 21, 20227 Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 and that Notice was also hand delivered to Octavia Bell, and she signed that Affidavit of Service on August 2, 2022. Exhibit B includes the Chronic Nuisance Agreement not signed by the owner. Exhibit C has a list of security requirements the City is requesting, which were to enter into a Trespass Agreement, to allow the Police Department remote access to their existing security cameras, and to hire a State Licensed Security Guard to be present on the property from 3:00 p.m. through closing. Exhibit D has copies of the Police Incident Reports. Exhibit E includes a Notice of Hearing that was sent Certified Mail on September 7, 2022. Proof of Service was received dated October 10, 2022. Officer Hill also hand delivered the Notice to Octavia Bell, and she signed the Affidavit of Service on October 5, 2022. Captain Burdelski will provide details on Exhibit D, which are the documentation of incidents that declared this property a chronic nuisance. Captain Burdelski summarized the following Cases and incidents: • BBPD Case Number 22-002811, March 11, 2022 • BBPD Case Number 22-003318, March 23, 2022 • BBPD Case Number 22-003321, March 23, 2022 • BBPD Case Number 22-003874, April 5, 2022. A lengthy discussion ensued between Captain Steven Burdelski, Attorney Steven Grant, City Attorney Shana Bridgeman, and Special Magistrate Zalman, regarding the aforementioned Cases. Ms. Zalman advised that Attorney Grant represents Octavia Bell, Successor Trustee of the Alberta Bell Living Trust, the Owner. Ms. Zalman wants to enter the Order because the evidence before her is clear, but if she finds the arguments substantive and holds back one of the three cases, she cannot enter it. She would like to give Attorney Grant a week to work with the City and to hire security, in which case they might drop the case because they entered into an Agreement, or each side can submit a short brief on why they think their argument should stand, either based on a prior chronic nuisance case or a prior Police Report; a brief focusing on those two or three cases or on Case Number 1116. She is going to reread the Police Reports and the Statute. She is entering the Chronic Nuisance Order, which allows Attorney Grant and the City a week to work something out, or if the City contacts her and decides to Amend, he would be notified. One of the three things can happen; an Agreement is entered, she will enter an Order next Wednesday, or they Amend. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman hopes an Agreement can be reached with the caveat that the Agreement can reflect this is temporary. If an Agreement is reached where there are security guards, but it is not resolving the problem, this will come back. The goal is to have an Agreement. She thinks the Agreement presented is reasonable considering other Cases she has seen. Attorney Grant questioned who the point of contact is at the City. City Attorney Bridgeman advised Attorney Grant to Reply to All on the last email he received. Decision Due to evidence presented, Ms. Zalman entered the Chronic Nuisance Order,which gives Attorney Grant and the City time to work something out, or if the City decides to Amend. One of three things can happen; an Agreement is ordered, an Order will be entered next Wednesday, or the City will Amend. Case Hearing Case No. 22-1352 Akalp Eralp Property Address: 1230 Old Boynton Beach Road Type of Property: Multi-Family Property Violation(s): As noted in Notice of Violation. Officer Hill presented this case. Notice was sent Certified Mail on September 21, 20227 and the signed green card was dated September 27, 2022. This is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 7, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1771 Sanon Oberto Property Address: 8 Mayfield Way Type of Property: Single-Family/Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1A Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Please remove all inoperable and unregistered vehicles from the property. Current tag must be on vehicle at all times. Officer Hill presented this case, which was a routine inspection. The initial inspection date was June 24, 2022. This is not a repeat violator. A door hanger was issued on June 24, 2022, with seven days to comply. Notice was sent Certified Mail on August 29, 2022. Notice was posted on the property and at City Hall on October 4, 2022. No contact has been made from the property owner and no attempts have been made to correct the violations. The property was last inspected on October 14, 2022. This is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Dejenyson Sanon, one of the owners, was present. Ms. Zalman indicated there is a car without a tag and the City is giving until November 7, 2022, to either have it tagged or removed. Mr. Sanon stated he is going to talk to his dad, and they will remove the car this week. Ms. Zalman advised that the compliance date is November 7, 2022; otherwise, a fine of $50 per day will accrue. Administrative fees in the amount of$384.12 have accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 7, 2022, or a fine of$50 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1359 Warner Christalyn Property Address: 719 SE 3rd Street Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 COH CH 10 SEC 10-56B Unpermitted new pavers, front and backyard. Unpermitted roof and windows on existing shed in backyard. Repair deterioration of driveway apron. Officer Weixler presented this case, which, which was a routine inspection. The initial inspection date was May 19, 2022. This is not a repeat violator. Notice was issued on Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 May 19, 2022, with 30 days to comply. The property and City Hall were posted on October 7, 2022. Paver permit #222945 is in Sages and was submitted on June 6, 2022, but was disapproved by the Planning and Zoning Department on June 28, 2022, and there is 118 days of no activity on the permit. No application has been received for the roof and window permits and the driveway apron is still in disrepair. The property was last inspected on October 18, 2022. This is not a health and safety hazard. The City recommends compliance of November 18, 2022, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Christalyn Warner, owner, was present. Ms. Zalman indicated they are waiting for the permits and driveway to be complete. The City is recommending until November 18, 2022 and asked if this is in the process and if she has a Contractor to finish the job. Ms. Warner stated she does not have a Contractor for the driveway. When she purchased the house there was gravel on top and she did not know if that would suffice until she is able to find a Contractor to do the concrete. She questioned if she needs a permit before the concrete work is done. Officer Weixler stated gravel is not approved; a driveway must be a hard surface, asphalt or concrete. He noted that a permit is required. Ms. Warner commented that she could probably have the driveway done within a month. She does not know the permitting process or how long it takes. The disapproval was for a new survey. She asked if November 18, 2022, is enough time to get the permits. She has not submitted for the roof because she was waiting for materials and information. Ms. Zalman indicated that a survey takes a couple of days. Things are submitted and they write back notes, and then it sits. You must constantly follow-up because there is a deadline. Officer Weixler does not have a problem allowing more time. Ms. Zalman advised the compliance date will be December 18, 2022; otherwise, a fine of $100 per day will accrue. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 18, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Case Hearing Case No. 22-1374 Olsson Helene Property Address: 401 Old Dixie Highway Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a repeat violator. This is not a health and safety hazard. The City recommends compliance of November 18, 2022, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1557 Modica Michael L & Susan K Property Address: 1005 SE 4t" Street Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a repeat violator. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1841 Corbas Company LLC Property Address: 2303 South Federal Highway, #22 Property Violation(s): As noted in Notice of Violation. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Officer Weixler presented this case. This is not a repeat violator. This is not a health or safety hazard. The City recommends compliance by November 18, 2022, or $100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1845 Calai LLC Property Address: 2309 South Federal Highway Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a repeat violator. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or $100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-0201 RCC V LLC Property Address: 1790 North Congress Avenue, #200 This case complied prior to the Hearing. Case Hearing Case No. 22-1654 Alfred Fenndo Property Address: 245 NW 28th Avenue Property Violation(s): As noted in Notice of Violation. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Officer Guillaume presented this case. Proof of Service was on September 12, 2022. The City recommends compliance by November 18, 2022, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1908 Lariviere Alfred Property Address: 2116 NE 3rd Street Property Violation(s): As noted in Notice of Violation. Officer Guillaume presented this case. The City recommends compliance by November 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1920 Laudano Nick Property Address: 638 Shore Drive Type of Property: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please apply for and obtain a Building permit for garage enclosure. Contact Building Department at 561-742-6350 to resolve. Officer Guillaume presented this case, which was a citizen complaint The initial inspection date was July 12, 2022. This is not a repeat violator. A Courtesy Notice was issued with 30 days to comply. The property and City Hall were posted October 7, 2022. The property was last inspected on October 18, 2022. The City recommends compliance by November 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Nicolaus Joseph Laudano, owner, was present. Ms. Zalman indicated the City is recommending until November 18, 2022, to comply. There is no permit for the conversion, which must be complied with. Mr. Laudano stated the permit was submitted yesterday and he received a confirmation email at 4:10 p.m.; the permit #10.7830, and it is in the process. He is waiting for the review comments and once received he will take care of the matter. Ms. Zalman advised the compliance date is November 18, 2022; otherwise, a fine of$100 per day will accrue. An Order will be sent via mail. Mr. Laudano thinks the permit will not be issued and complete by November 18, 20227 and he requested more time. Ms. Zalman asked Officer Guillaume if he had any objections to an extension. Officer Guillaume replied no and stated they could give him 60 days. Ms. Zalman advised the compliance date will be December 18, 2022. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 18, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-1970 CSMA SFF Holdings II LSE LLC Property Address: 312 NE 20th Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-2019 Valcin Janel Property Address: 2111 NE 3rd Street Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1A COH CH 15 SEC 15-120D1 E COH CH 13 SEC 13-16 Remove all outside storage, trash, and debris. Mow all the grass. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Cease all food sales on the property. Please obtain a Business Tax Receipt. Contact Building Department at 561-742-6520 to resolve. Officer Guillaume presented this case, which was a citizen compliant. The initial inspection date was July 21, 2022. This is not a repeat violator. Written Notice was issued with ten days to comply. The property and City Hall were posted on September 7, 2022. The property was last inspected on October 18, 2022. The City recommends compliance by October 31, 2022, or a fine of$250 per day, plus administrative fees in the amount of $384.12. Ms. Zalman questioned the status of yesterday's inspection. Officer Guillaume stated the violations still exist. Janel Valcin, owner, was present. Ms. Zalman mentioned there is outdoor storage, overgrown grass, and food that cannot be sold on the property. Mr. Valcin stated he had someone clean up the outdoor storage today. He noted he does not sell food; other people are doing that. There are people on the property who he does not know, and he is going to the Court to get them out of the house. Ms. Zalman advised after October 31, 2022, the City will charge $250 per day, because there cannot be a business without a Business Tax Receipt. She indicated if he does not know the people, he should call the Police. Mr. Valcin knew one of them, but he passed away, and the others will not leave the house. Ms. Zalman requested Mr. Valcin get a copy of the paperwork and the Case Number if he goes to court because more time is going to be needed. Supervisor Pierre commented that he witnessed and purchased food at the property himself, so it is going on. It is a huge problem for the neighborhood with the traffic, so this needs to get moving as soon as possible. He noted that Mr. Valcin may need to hire a lawyer to get this taken care of quickly because all the neighbors are calling and complaining. Supervisor Pierre indicated the City does not want to give an extension. Ms. Zalman advised the compliance date is October 31, 2022; otherwise, a fine of $250 per day will accrue. An Order will be sent via mail. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 31, 2022, or a fine of$250 per day. Case Hearing Case No. 22-0711 Chery Miriam L Property Address: 3240 SE 2nd Avenue Type of Property: Multi-Family Property Violation(s): COH CH 13 SEC 13-7 COH CH 13 SEC 13-16 Please obtain Business Tax Receipt for rental property. Apply for, pass inspection, and obtain Certificate of Use. Contact Building Department 561-742-6350 to resolve. Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was March 14, 2022. This is not a repeat violator. A Courtesy Notice was issued on March 16, 2022, with 21 days to comply. Notice was posted on the property and City Hall on October 7, 2022. The owner renewed the Business Tax Receipt Certificate of Use for 2021, and paid the fees for 2022, but failed the inspection on July 1, 2022, due to bath exhaust fans not working, electrical panel box not labeled, and air conditioning and hot water heaters being changed without permits. They have since complied with the fans and the electrical panel box, but the permits still have not been obtained and they cannot get the Business Tax Receipt until permits are obtained. The property was last inspected on October 19, 2022. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman questioned when Officer Karageorge says the permits are not obtained, they are applied for, but then disapproved. Officer Karageorge clarified that the hot water heater change out permit was disapproved and the air conditioning change out permit has not been applied for. Miriam Chery, owner, was present. Ms. Zalman indicated one of the permits have not been applied for, and the air conditioning and hot water heater were disapproved and need to be reapplied for. The City is recommending until November 18, 2022, and this must get rectified, or a daily fine will accrue. Ms. Chery stated she has been working diligently and has been in communication with Officer Karageorge as well. The other violations have been taken care of. A Contractor Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 has been hired for the air conditioning, and unfortunately, it is out of her hands; the only thing she can do is follow-up every day. She was not aware that the water heater was disapproved. As of yesterday, she called and was told that comments were submitted, but they have not received anything. She noted that the water heater is in process, so the only other violation she is aware of is the air conditioning. Ms. Zalman advised that the permitting department wrote back and stated the water heater was disapproved, so it is not in process. Officer Karageorge indicated that Ms. Chery needs to follow-up with the Contractor and have them resubmit for the hot water heater change out permit and then she needs an air conditioning Contractor to apply for a permit. Ms. Zalman advised the compliance date is November 18, 2022; otherwise, a fine of$50 per day will accrue. She noted that administrative fees in the amount of $384.12 have accrued and must be paid. An Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$50 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1450 ABK Properties LLC Property Address: 137 SE 27th Place This case complied prior to the Hearing. Case Hearing Case No. 22-1820 Bolen Jared A Property Address: 3505 SE 2nd Court Type of Property: Single Family/Non-Homesteaded Property Violation(s): COH CH 20 SEC 20-6 Please move boat trailer to driveway. Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was June 29, 2022. This is not a repeat violator.A door hanger was issued on June 29, 2022, with seven days to comply. Notice was sent Certified Mail on August 97 2022, and the signed green card was dated August 17, 2022. He spoke with the owner, who said his intention was to extend the driveway, so the boat could be stored there. No permit was submitted or applied for. The property was last inspected on October 18, 20227 Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 and the boat trailer was still in the yard. This is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of $50 per day, plus administrative fees in the amount of$384.12. Jared Bolen, owner, was present. Ms. Zalman advised the City is recommending until November 7, 2022; otherwise, $50 per day will accrue. Administrative fees in the amount of$384.12 have accrued and must be paid. She agrees with the City recommendation. Mr. Bolen indicated his only issue is monetary. The boat trailer has been there since 2017, and he never had an issue until this. He never planned on setting money aside for a driveway or to fix a problem he was not aware of. Since this was brought to his attention, he has contacted three different Contractors and he is looking at $2,500 to $3,500 to put a pad in for a trailer that is there all the time. The only thing he can do is set cash aside month to month. He has a special needs son, and he has a single-family income. The amount of money he sets aside per month is minimal; $150 to $200 here and there. He does not have a place to put the trailer; the cost is $350+ to store it. He requested additional time to come up with a monetary solution. Ms. Zalman asked Officer Karageorge if the trailer can stay if the driveway is extended. Officer Karageorge stated if the driveway is widened the trailer can stay; it just has to be on a hard surface. Mr. Bolen commented that initially he was told to move the trailer to the driveway, and he lives on a dead-end street and has two cars. The gentleman across the street runs a pool cleaning company, so he needs to get a trailer in and out of his driveway and putting a boat trailer in the driveway and parking his vehicles on the street did not make much sense as far as a solution goes. This past month during the Hurricane, he had to pull the boat out and put it there for safety reasons, and then he put the boat back in the water. Ms. Zalman asked if Officer Karageorge wished to allow additional time. Officer Karageorge stated he was more than happy to allow more time. Ms. Zalman commented that Mr. Bolen is going through a hardship, and this is not something that was foreseen. She asked how much time Mr. Bolen would like. Mr. Bolen replied he would need a minimum of three months. For him to make a solution, he would either have to pay $300 per month for storage, or he would set money aside, which would get him into the permit stage, so he could hire someone. Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman advised the compliance date will be February 1, 2023; otherwise, a fine of $50 per day will accrue. She noted that administrative fees in the amount of$384.12 have accrued and must be paid. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 1, 2023, or a fine of$50 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-1973 515 South Federal LLC Property Address: 515 South Federal Highway Property Violation(s): LDR CH 4 ART 3 SEC 11 Repair a light on the south side of the parking lot. Officer Karageorge presented this case, which was a routine inspection. The initial inspection date was July 14, 2022. This is not a repeat violator. A Courtesy Notice was issued on July 18, 2022, with 15 days to comply. Notice was sent Certified Mail on August 22, 2022, and the signed green card was dated September 19, 2022. He spoke with the Property Manager and asked that a picture be provided after the bulb was replaced, but as of this date, no picture has been received. They have had some difficulty trying to get this taken care of. The property was last inspected on October 18, 2022. This is not a health and safety hazard. The City recommends compliance by November 7, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman questioned what the photo is supposed to show. Officer Karageorge replied it would depict a working light. Diana Calderone, Property Manager and Comptroller, was present. Ms. Zalman questioned the issue with repairing this light. Ms. Calderone stated it is not the bulb. When she first received Notice, she called Officer Karageorge and explained they were either going to be leasing or selling, and depending on what happens, all the lights will be changed. She asked if they could remove the pole because their electrician told them he cannot get parts because they are so old. Officer Karageorge looked up the Site Plan and said do not remove the pole, just try to get it fixed. They got rid of the electrician, and she does not know how to get this fixed. They hired someone else who said he fixed the light, but it will not attach to timers and will probably stay on. On Friday, the owner went to turn on the lights and none turned on to take the picture. They have to figure what is wrong and how to fix the light. They are Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 waiting on a contract to see what they are doing. She does not think this can be resolved by November 7, 2022, and requested and additional 30 days. Ms. Zalman asked if this is a health and safety issue. Officer Karageorge advised it is just a one-light structure. Now that nothing is working it is a serious issue; before just one light was not working, and it was not a health and safety issue. He does not have a problem allowing additional time. Ms. Calderone stated there are lights surrounding the building and the sign; it is not dark. Ms. Zalman advised the compliance date will be November 18, 2022; otherwise, a fine of $50 per day will accrue. Currently, there is no violation for the other lights. If the other lights continue to be off, they will be cited for another violation. She stated that staying in touch and providing information to Officer Karageorge is great. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$50 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Case Hearing Case No. 22-2492 Kinlock Andrew Property Address: 6 Country Lake Trail This case complied prior to the Hearing. Case Hearing Case No. 22-1446 1865 Woolbright Road LLC Property Address: 1865 West Woolbright Road Property Violation(s): LDR CH 4 ART 3 SEC 2 Please repair, seal, and stripe parking lot. Permits are required. Contact Building Department at 561-742-6350 to apply. Officer Hart presented this case. A Courtesy Notice was issued on May 31, 2022. Notice was sent Certified Mail on August 31, 2022, and the green card was signed on September 97 2022. The violation still exists. The City recommends compliance by November 18, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 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 November 18, 2022, or a fine of$50 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1947 Grand Pierre Emile Property Address: 604 SW 3rd Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 13 SEC 13-7 Inclusive COH CH 13 SEC 13-16 Please apply, pass inspection, and obtain a Certificate of Use for Occupancy. Contact Building Department at 561-742-6350 to resolve. Please obtain a Business Tax Receipt. Contact 561-742- 6350 to resolve. Officer Hart presented this case, which a routine inspection. The initial inspection date was July 13, 2022. A Courtesy Notice was issued on July 28, 2022, with 30 days to comply. The property and City Hall were posted on October 7, 2022. A Business Tax Receipt and Certificate of Use were applied for on October 17, 2022, and an inspection was conducted on October 18, 2022. The property failed rental inspection because the garage door did not close or seal properly, a screen on the front of the home was severely damaged, and there was a dead bolt locking an interior bedroom door. The property was last inspected on October 18, 2022. The City recommends compliance by November 18, 2022, or a fine of$50 per day, plus administrative fees in the amount of$384.12. Ms. Zalman commented that they tried to comply yesterday. Officer Hart stated that is correct. He received a call from the Property Manager on Friday, but he was out of the office and returned the call on Saturday. The Property Manager was going to apply for the Business Tax Receipt and Certificate of Use that day, which turned out to be on Monday. He told her they would try to get the inspection done yesterday and if it passed, they would comply, and if not, they would end up at this Hearing. Ms. Zalman asked if Officer Hart wanted to table this case for 30 days. Officer Hart stated they can if that is the decision. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman advised she would like to hold this case for 30 days since they are in the process. Decision Due to evidence and testimony, Ms. Zalman tabled this case for 30 days. Case Hearing Case No. 22-2275 Hidden Brook Corporation Property Address: 700 West Boynton Beach Boulevard Type of Property: Commercial Property Violation(s): LDR CH 4 ART 4 SEC 2 LDR CH 4 ART 4 SEC 3 Inclusive Remove unpermitted sign from the site triangle, which is causing a visual obstruction. Officer Hart presented this case, which was a City Department referral. The initial inspection date was August 16, 2022.Written Notice was issued on August 22, 2022, with five days to comply. The property and City Hall were posted on October 6, 2022. The property was cited for the same violation on July 6, 2022, but removed the sign for compliance. The sign was then put back in the site triangle on August 16, 2022. Replacement of the sign causes a visibility issue for traffic exiting NW 7t" Street and entering onto Boynton Beach Boulevard. The property was last inspected on October 18, 2022. The sign had been removed, but it comes back and forth; it is a pvc sign. The gentleman also moves down the street and holds a sign. This is a health and safety hazard. The City recommends compliance by October 19, 2022, or a fine of$250 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 19, 2022, or a fine of$250 per day, plus administrative fees of$384.12. NON AGENDA: Case Hearing Case No. 20-3276 Cathy Pierre and Jodans Pierre Property Address: 227 SW 2nd Avenue Type of Property: Multi-Family Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please apply for and obtain a permit for newly installed windows. Contact Building Department to resolve. Officer Hall presented this case. This is not a repeat violator. Notice was sent Certified Mail on August 11, 2022, and the signed green card was dated August 22, 2022. This is not a health and safety hazard. The City recommends compliance by November 18, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of November 18, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No.22- 0742 Merveilleux Cedric & Giovanni Property Address: 421 NW 3rd Street Officer Estime presented this case. The Special Magistrate Hearing was on June 15, 2022, and no one appeared. A compliance date was set for July 7, 2022, or a fine of$25 per day, plus administrative fees. The property was last inspected on October 14, 2022, and the violation still exists. There are 104 days of noncompliance and the fine continues to accrue at $25 per day. As of this date, the fine is $2,600, plus administrative fees in the amount of$384.12. The total fine is $2,984.12. 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 for $2,984.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-0923 Nixon Lamar Property Address: 411 NE 2nd Street Officer Estime presented this case. The Special Magistrate Hearing was on August 17, 2022, and no one appeared. A compliance date was set for September 8, 2022, or a fine Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 of$75 per day, plus administrative fees. The property was last inspected on October 14, 2022, and the violation still exists. There are 41 days of noncompliance and the fine continues to accrue at $75 per day. As of this date, the fine is $3,075, plus administrative fees in the amount of$384.12. The total fine is $3,459.12. 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 for $3,459.12, which includes administrative fees in the amount of$384.12. Fine Certification Hearing Case No. 22-1600 Haye Timothy & Emma Property Address: 623 NE 12th Avenue Officer Estime presented this case. This is a repeat offender. The Special Magistrate Hearing was on July 20, 2022, and no one appeared. A compliance date was set for August 11, 2022, or a fine of $150 per day, plus administrative fees. The property was last inspected on August 12, 2022, and the violation complied. There are 59 days of noncompliance. As of this date, the fine is $8,850, plus administrative fees in the amount of$384.12. The total fine is $9,234.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $9,234.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0944 Jacques Aldy Jean Property Address: 413 SW 7th Avenue Officer Hart presented this case. The Special Magistrate Hearing was July 20, 2022, and the Respondent did not appear. A compliance date was set for August 19, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on October 6, 2022, and the violation still exists. There are 61 days of noncompliance and the fine continues to accrue at $50 per day. As of this date, the fine is $3,050, plus administrative fees in the amount of$384.12. The total fine is $3,434.12. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $3,434.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2156 Advenir@La Costa LLC Property Address: 10101 Mahogany Drive Officer Hill presented this case. The Special Magistrate Hearing was July 20, 2022, and a representative for the owner did appear. A compliance date was set for August 11, 2022, or a fine of$500 per day, plus administrative fees. The property was inspected on August 16, 2022, and the violation still existed. There are 69 days of noncompliance and the fine continues to accrue at $500 per day. As of this date, the fine is $34,500, plus administrative fees in the amount of$384.12, for a total of$34,884.12. Dan Carsden, owner, was present. Ms. Zalman recalled this was for the major work and the fine is still accruing and work is still in process. She certified the fine of $34,884.12, and a Fine Reduction can be discussed at a later date. Mr. Carsden requested additional time. As of yesterday, they are down to the permitted work that needs to be done. They have taken care of the mechanical issues, the doors, and all the things that need to be permitted. Currently, Officer Hill is assisting him in obtaining the original Site Plans for the property, so they can make sure the landscape that was replaced matches what originally was done when it was built years ago. As far as the major work, it has roughly taken a month per building, and they have completed two buildings; they are starting their third. They are also relocating their residents into hotels for two weeks at a time. They are still looking at this project going into the beginning of next year to be completed. Ms. Zalman indicated this is a Certification Hearing, so she can only certify the fine unless the City presents something before her differently. By law, the fine is still accruing, and she has to certify the fine. She suggested Mr. Carsden document the timeline, note the tenants were relocated, and the amount invested in the property, so it can be presented during the Fine Reduction. Once the property is in full compliance, which will be next year, there will be a large lien and he will seek a reduction. It is a commercial property, but there are mitigating factors being presented that will reduce the fine. This is not being Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 ignored and that is what is presented, plus the monetary amounts spent and to help the current tenants. Mr. Carsden stated the tenant relocation is documented on the approved Plans from the City. He noted they are spending about $5 million on this property. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $34,884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0957 Luchey Andrew and Gail Property Address: 2216 SE 4t" Street Property Violation(s): LDR CH 2 ART 4 SEC 2A2 COH CH 15 SEC 15-120D1A COH CH 15 SEC 15-120E2A COH CH 10 SEC 10-56DEH COH CH 10 SEC 10-60D Interior shall be maintained in good repair and structurally sound. Sanitary extermination required for entry station. Removal all outside storage, trash, and debris. Install smoke detectors in bedroom in Unit D. Repair damaged ceilings in all units caused by water intrusion from leaking roof. Repair roof and apply for Building permit for roof repair that was in progress. Building permits are required for all new windows, doors, water heaters, and exterior wall repair on multiple units. Officer Weixler presented this case. The Notice of Violation date was April 12, 2022. The Special Magistrate Hearing was on July 20, 2022. A compliance date was set for September 12, 2022, or a fine of$150 per day, plus administrative fees. On October 19, 2022, the violations still exist. There are 37 days of noncompliance and the fine continues to accrue at $150 per day, plus administrative fees in the amount of $384.12. As of this date, the fine is $5,550, plus administrative fees in the amount of $384.12, for a total of $5,934.12. Andrew Luchey, owner, was present. Ms. Zalman explained this is a Fine Certification Hearing. Since the violations are not in compliance, the fine continues to accrue. Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Mr. Luchey indicated they have been in constant contact with Code Enforcement. When they came in on July 20, 2022, they informed everyone that all the life threatening, and harmful things were taken care of and that everything would be done within a week after and everything was done on July 27, 2022. He submitted updated photographs; everything has been repaired by a licensed contractor; all work has been done including the plumbing. The only delay was the Contractor getting through the permit process. They are currently waiting on the inspection; the permit has been submitted, his license and everything is fixed, and they also had a tough time getting the two tenants removed. They have since moved out and no one is living in the units. Ms. Zalman questioned if the tenants left on their own free will. Mr. Luchey stated they went through the eviction process, which is not final. They meet the Sheriff on Friday. Ms. Zalman advised the fine will be certified today and it is still accruing. There will be a Lien Reduction Hearing and that is when evidence is presented, such as the eviction and how much was spent, as well as a timeline of everything done. Their General Contractors have submitted, and they are waiting on the sign off; the work was done months ago. Officer Weixler advised he has testimony from one of the tenants that the ceiling still leaks when it rains. He did not see a blue tarp on the roof and knows they are waiting on the roof permit to go through. He questioned why a blue tarp was not put up to keep water from seeping into the units. They also claim there is mold in the walls. Mr. Luchey commented that he would like Officer Weixler to inspect the property. The testimony was from a former tenant they had a tough time removing, who originally called Code Enforcement and would not let them into the unit. Nothing is leaking, that was an old leak from a long time ago; there is no tarp on the roof and no work has been done on the roof since then. Officer Weixler stated a water heater permit was issued for Unit D and a permit for one window was submitted on September 9, 2022, but there was more than one window done in all four units. No permit was issued or applied for on the new exterior doors on all the units. Mr. Luchey indicated that permits were submitted for everything. Officer Weixler stated he just checked on the permits and they are not in Sages; there is nothing for the doors. Mr. Luchey commented that they have had a tough time with this Officer not communicating back with them and following up on a regular basis. They understand they have a responsibility to do what is right and make sure their tenants are safe. They own Page 34 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 several properties in the City and have not been before Code Enforcement in a long time. This time they deserved it, but they are having a tough time working with this Officer, so he is going to respectfully submit a request for a different Officer to help them get through this task. They have been calling and asking if anything else needs to be done and there have been no call backs. They received a call back two days ago because they started calling Supervisor Pierre. Supervisor Pierre advised the City is going to table this certification and have another Officer inspect to confirm compliance. Ms. Zalman indicated that she will hold entering the Order but stated that the fine is still accruing daily. Another Officer will be assigned to investigate due to miscommunication. Mr. Luchey questioned how a resident who has complied and submitted to the City, but has no control of the Building Department, can continue to accrue fines when they submitted within the time of compliance. Ms. Zalman advised that once this is fully in compliance, Mr. Luchey can bring evidence to her at the Lien Reduction Hearing with a timeline. Decision Due to evidence and testimony, Ms. Zalman tabled this Case for 30 days, so another Officer can inspect and confirm compliance. Fine Certification Hearing Case No. 22-1008 Luchey Andrew & Gail Property Address: 2212 SE 4t" Street Property Violation(s): LDR CH 2 ART 4 SEC 2A2 COH CH 10 SEC 15-120E2A COH CH 10 SEC 10-56DE Interior shall be maintained in good repair and structurally sound and sanitary. Demolition permit required for carport, roof structure removal, wall, and stucco maintenance. Officer Weixler presented this case. The Notice of Violation was April 12, 2022. The Special Magistrate Hearing was July 20, 2022, and the Respondent appeared. A compliance date was set for September 12, 2022, or a fine of $50 per day, plus administrative fees. On October 19, 2022, the violation still exists. The property was reinspected on October 18, 2022. There are 37 days of noncompliance and the fine continues to accrue at $50 per day, plus administrative fees in the amount of$384.12. As Page 35 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 of this date, the fine is $1,850, plus administrative fees in the amount of $384.12, for a total of$2,234.12. Andrew Luchey, owner, was present. Ms. Zalman indicated that the fine for this property is still accruing per day and she cannot do anything until it is brought into compliance. The fine is currently $2,234.12 and an Order will be sent via mail. Mr. Luchey stated this is a similar situation as for the other property. The property does not look anything like the photographs submitted. He requested they do the same thing they are doing with the other property; they are abutted next to each other on the same parcel, and he thinks that is fair. Candace Stone, Director, Community Standards, questioned if this case is about the permit, not the outside of the property. Officer Weixler advised that according to Mr. Luchey, it is because of the hurricane. There was damage to the carport, so they removed the carport roof and in doing so, they put cracks in the wall to the home, and per the tenant, there was water intrusion. He saw that an attempt was made to repair the cracks because Mr. Luchey put caulking in the cracks. He asked Mr. Luchey to paint the house, which he did. An inspection has not been conducted inside to see if there is any water intrusion or mold because he was never called for an inspection. Mr. Luchey commented that they did the repairs and permit immediately. Officer Weixler indicated the permit was applied for on October 7, 2022. Ms. Stone questioned what needs to be done to bring this into compliance. Officer Weixler stated an inspection of the interior needs to be conducted and the permit needs to be issued. Mr. Luchey advised they applied to the City for a permit, which they are not in control of, and they have been requesting a reinspection. They are waiting on the Building Department. Ms. Stone stated the permit is not up to the Code Inspector; Mr. Luchey will have to follow up with the Building Department. They can table this along with the other Case since they came at the same time. The fines are still accruing, and it will be certified at the next Hearing. Page 36 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman does not think tabling the Case is helping the fine, but the City Officials are saying they will investigate and follow up to make sure everything is going forward. This Case will be tabled to next month. Decision Due to evidence and testimony, Ms. Zalman tabled this Case for 30 days, so another Officer can investigate to make sure everything is going forward. Fine Certification Hearing Case No. 22-1207 DiFabio Barbara Property Address: 2309 South Federal Highway, #11 Property Violation(s): COH CH 13 SEC 13-16 COH CH 13 SEC 13-17 Inclusive A Business Tax Receipt is required for home rental. Officer Weixler presented this case. The Notice of Violation date was May 5, 2022. The Special Magistrate Hearing was on July 7, 2022, and the Respondent did not appear. A compliance date was set for August 19, 2022, or a fine of$25 per day, plus administrative fees. The property was last inspected on October 19, 2022, and the violation still exists. There are 61 days of noncompliance and the fine continues to accrue at $25 per day, plus administrative fees in the amount of$384.12. As of this date, the fine is $1,525, plus administrative fees in the amount of$384.12. The total fine is $1,909.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $1,909.12, 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 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 in the amount of$384.12. There was one incident of noncompliance on September 7, 2022, and there has been none since that date. This is in reference to Boynton Beach Police Case No. 22-010112. The City is proposing a $500 fine as well as administrative fees in the amount of$384.12 for a total of$884.12. Page 37 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman questioned when the Special Magistrate Hearing was held. Officer Roehrich replied the original Hearing was April 20, 2022. There was a previous date of noncompliance where the dogs were loose and there is a photograph from September 7, 2022, for the case they are hearing today. There was one prior Hearing, and the Respondent did not appear, but a fine was certified for that violation. Ms. Zalman asked if this was the case where the Respondent has to open the gate when he pulls in the driveway and the dogs run out. Citizens testified that the dogs jumped on a car. Officer Roehrich replied yes. She noted the caller for this incident was one of those citizens who testified at the original Hearing. Ms. Zalman mentioned the April Hearing and asked if they did the administrative fees in the amount of$384.12. Officer Roehrich replied yes. Ms. Zalman advised she would be certifying the original administrative fees in the amount of$384.12 plus the $500 today. Walter Mangandid, owner, was present. Ms. Zalman stated there has been one occurrence since the Hearing and the City is requesting that she certify an Order documenting that with a $500 fine and the administrative fees in the amount of $384.12, which was ordered in April, for a total of $884.12. An Order will be sent via. Mr. Mangandid asked if a payment plan could be set up. Officer Roehrich clarified that this is the second occurrence after the Order was issued. Ms. Zalman stated she will have to double check if they certified the first fine to see if it was certified at $500 plus $384.12. Ms. Guim indicated they can see it; they have the file. Ms. Zalman commented that administrative fees in the amount of $384.12 was already certified; therefore, the fine will only be $500. She noted there was a previous Order for $884.12, which has not been paid, and now, on top of that Order, another $500 is being added because of the second offense. She does not think the City has a payment plan structure, but he can call to see what can be done. Page 38 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine for $500. She clarified the total for both Orders is $1,384.12, which can be paid separately. Fine Certification Hearing Case No. 21-2750 Creegan Jeffrey M. Property Address: 111 SE 31St Avenue This case was removed from the agenda; no service was obtained. Fine Certification Hearing Case No. 22-0209 Hoofnagle Brian Property Address: 902 Mission Hill Road This case was removed from the agenda; no service was obtained. Fine Certification Hearing Case No. 20-1648 Persing William S Property Address: 1049 Coral Drive Officer Hart presented this case. The Special Magistrate Hearing was December 15, 2021, but it was tabled until February 16, 2022. The Respondent did show up on December 15, 2021, but was not present at the February 16, 2022 Hearing. A compliance date was set for March 18, 2022, or a fine of$25 per day, plus administrative fees. The property was last inspected on October 12, 2022, and the violations still exist. There was a problem with the driveway; it basically caved in. After contacting Utilities, they eventually took responsibility and tore up the driveway and replaced it. Because of that, they would like to change the compliance date to the day after the driveway was done, which was August 25, 2022. As of this date, the fine is $1,375, plus administrative fees in the amount of $384.12, for a total of $1,759.12. Mr. Persing has always shown up with his son and his son is present. Ms. Zalman mentioned that Utilities took responsibility to repair the driveway and questioned if there were additional issues. Officer Hart stated additionally there were covered windows, the house number was missing, and sod was needed. The only thing needed at this time is the sod, which Mr. Persing is working on. Page 39 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman mentioned the $1,759.12 and questioned what that was and from what date forward Officer Hart stated the $1,759.12 is from August 25, 2022 forward. He noted that Mr. Persing asked not to redo the sod, which made sense, because they had to park the boat and truck in the yard since the driveway had to be redone. Ms. Zalman questioned when repairs to the driveway were made. Officer Hart replied that driveway repairs were done on August 25, 2022. Ms. Zalman questioned why the sod was not replaced once the driveway repairs were done. Mr. Persing's son explained his father has moved and is living with him due to medical issues. His father was unable to attend this Hearing because he had surgery yesterday. The sod is on the list of things to do, but it has not been done yet. Officer Hart commented that the property looks a lot better. Some of the grass has grown in; they seeded it, but some of the yard has turned to sand because it has been exposed for so long. The dead areas are basically where the boat and truck are. Supervisor Pierre questioned if Mr. Persing's son had an idea of how long it would take to put the grass in. Mr. Persing's son replied two or three weeks. Candace Stone, Director, Community Standards, stated the compliance date can be extended because of the City issues going back and forth and not knowing whose responsibility it was until the last minute. A new compliance date can be given to install the grass. Ms. Zalman advised that she is going to certify administrative fees in the amount of $384.12, and entering a new compliance date for a month, November 18, 2022, because of the confusion. After November 18, 2022, the fine will accrue at $25 per day. An Order to pay administrative fees in the amount of $384.12 will be sent via mail and the new compliance date is November 18, 2022; otherwise, the fine will accrue at $25 per day. Decision Due to evidence and testimony, Ms. Zalman certified the fine for administrative fees in the amount of $384.12. A new compliance date for November 18, 2022, was given to install the grass, or a fine of$25 per day. Page 40 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Fine Certification Hearing Case No. 21-1872 Andrews Susan J & George C Property Address: 1046 SW 27th Place Officer Hart presented this case. The Special Magistrate Hearing was April 20, 2022, and the Respondent did not appear. A compliance date was set for June 6, 2022, or a fine of $25 per day, plus administrative fees. The property was last inspected on October 12, 2022, and the violation complied on that date. There are 135 days of noncompliance with the fine accruing at $25 per day. As of this date, the fine is $3,375, plus administrative fees in the amount of$384.12, for a total of$3,759.12. Ms. Zalman commented that the violation has complied. Officer Hart clarified the violation has complied. The permits were finally approved through Planning and Zoning and Structural on October 12, 2022. Ms. Zalman mentioned they are going to enter an Amended Order for the last Hearing, extending the compliance date to November 18, 2022, plus a Fine Certification Order for administrative fees in the amount of$384.12. Susan Andrews, owner, was present. Ms. Zalman indicated she has evidence that Ms. Andrews has complied, and the fine has reached $3,759.12, which the City is requesting her to certify. Ms. Andrews requested that the fees and fines be rescinded. Ms. Zalman stated this Hearing is to determine what the current fine is; it is to make sure the fine was calculated correctly. Ms. Andrews explained that she was told she did not need to attend the original Hearing because when she received the Notice for the Hearing her permit had not been submitted through the Sages system and the reason was because she was missing a document from Comcast Cable, which took months to rectify. Ms. Zalman advised a date was provided at that Hearing, which said if in compliance, the case is closed, if not, $25 will accrue per day. Ms. Andrews indicated she was informed by Officer Weixler that she did not need to attend the April 20, 2022 Hearing because she had submitted through Sages and was in compliance. She has supporting documents in the package. After conversations, she sent confirming emails to everyone she spoke to overviewing what was discussed to make Page 41 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 sure everything she heard was correct. Up to that point, she had no knowledge that she was supposed to appear. Ms. Zalman stated there is an email that states the Hearing was on April 20, 2022, and if more time was needed pending the permit process, it can be removed from the May agenda. She was not sure if Ms. Andrews responded to that email. Ms. Andrews indicated she submitted to the Sages system per Officer Weixler without Comcast consent, and she received confirmation from Sages, the City, and officer Weixler that told her she would not be required to attend the Hearing since the application was submitted and they would give her all the time she needed to permit. In the meantime, she attempted to reach out to Officer Weixler, and was notified that the City had done a reorganization and he no longer had the cases he had and that her new contact person was Officer Patrick Hart. The reason she was not getting the Easement Consent Form from Comcast was because the information the City provided to her was incorrect; they gave her the incorrect email address. The City provided a different contact for Comcast, and after emailing that person she still received no response. Finally, a Comcast employee told her to contact the original person, who ignored her for many months. After about eight months, she received the correct email address and sent her fifth Easement Consent Form Request, which was signed overnight. As soon as that document was received, she immediately entered it into the Sages system as a second submittal. The process took about six weeks and every time it came back with a denial; eventually she stopped getting confirmations. Ms. Zalman stated her biggest issue is the email that says if more time is needed the Case will be removed from the docket because that is where the confusion starts. Ms. Andrews commented that she did everything in good faith and has been in contact with the City throughout; this goes back to July 2021. Her permit has been issued and she sent an email to the City letting them know they were providing citizens with incorrect information that was preventing them from getting the required paperwork to get their permits issued. The next step is a Notice of Commencement, which she has filled out and will take to the courthouse in Delray Beach to get notarized and then it needs to be uploaded to the Sages system, which puts her in the same position she is in right now. Ms. Zalman questioned if it could be notarized by any notary. Ms. Andrews stated the current instructions are incorrect because they say you can bring it in person to the City of Boynton Beach and she was told no over the phone, that it needs to be uploaded to Sages. Ms. Zalman asked if she was recording the Notice of Commencement. Page 42 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Candace Stone, Director, Community Standards, advised that the Notice of Commencement gets recorded. Ms. Zalman indicated there is an email chain from Officer Weixler, written at 8.35 a.m.; there is no date, and she would like to see the full chain. She requested Ms. Andrews email her the full correspondence on Page 3 at HRZ(a-)Zalmanlawfirm.com. She noted she can enter an Order or bring her back next month. Ms. Zalman advised she will table this Case for 30 days and review the documentation. The Hearing next month will be short, and her decision will probably be intact. She indicated the City is requesting she certify an Order for$3,759.12 and she is going to see if there are mitigating factors in the packet. Ms. Andrews stated she will definitely be at the Hearing. Ms. Guim indicated Ms. Andrews will receive a letter with the new scheduling date. Decision Due to evidence and testimony, Ms. Zalman tabled this case for 30 days. Fine Certification Hearing Case No. 22-0076 Sikonoma LLC Property Address: 627 SW 3rd Avenue Officer Hart presented this case. The Special Magistrate Hearing was May 18, 2022, and the Respondent did not appear. A compliance date was set for July 17, 2022, or a fine of $100 per day, plus administrative fees. The property was last inspected on October 12, 2022, and the violations still exist. There are 103 days of noncompliance and the fine continues to accrue at $100 per day. As of this date, the fine is $10,300, plus administrative fees in the amount of$384.12, for a total of$10,684.12. Rose Chevallier, Co-owner, was present. Ms. Chevallier stated she attended the May 18, 2022 Hearing, and everything has been done; she has video. When she spoke with Officer Hart, he said it was just the house numbers that were not right, and that was an oversight. Officer Hart confirmed the only existing violation is the house number; he has stopped by the property and there are vehicles in the driveway, but he assumes they are neighbors. He has knocked on the door, left a card, and posted the property. Page 43 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman commented that it sounds like the case is almost closed. She is going to certify the fine for $10,684.12. An Order will be sent via mail. Ms. Chevallier asked if she has to pay $10,000. Ms. Zalman explained that Ms. Chevallier can apply for a Lien Reduction and told her to call the City to ask about the process. Nothing can be done until the property is fully in compliance. The cost is $250 to apply, they provide a Hearing date, and you come to the Hearing with evidence and why you think it should be less. Ms. Chevallier advised the property is being sold and should close by the end of the month. She asked if the fine must be paid by then or if they can get a date. Ms. Zalman stated the next Lien Reduction will not be until next month. If there is a lien on the property, in order to close through the title company, they are going to make sure it is paid. Perhaps there are options where it can be held in escrow; she can see if the parties will agree to an escrow hold until the Hearing. It was noted there will be a lien, but maybe it can be reduced. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $10,684.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0323 Claudio Yvonne M Property Address: 715 SW 4t" Avenue Officer Hart presented this case. The Special Magistrate Hearing was May 18, 2022, and the Respondent did appear. A compliance date was set for June 17, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on October 12, 2022, and all permits were complied with on September 1, 2022. There are 87 days of noncompliance, and the fine does not continue to accrue at $50 per day. As of this date, the fine is $4,350, plus administrative fees in the amount of $384.12, for a total of $4,734.12. Yvonne Claudio, owner, was present. Ms. Zalman indicated the City is requesting she certify the fine of$4,734.12. Ms. Claudio stated she is being fined for the Contractors not doing their job. She noted she sent texts and called them, she but could not force them to do their job. Page 44 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman advised Ms. Claudio might have a separate claim with the Contractors. She can advise them that because of their delay she has this fine. That is a separate claim outside of the City. Ms. Claudio stated she paid the last court fee of $384.12 and questioned if she has to pay that again. Ms. Guim indicated if the fee was already paid it will be in the file and she will not be charged again. Ms. Zalman questioned how much the fine is without the administrative fees. Officer Hart replied the fine is $4,350 without the $384.12. Ms. Zalman advised before the certification is issued, they will see if the fee has been paid and if so, the fine certification will be for $4,350. Ms. Claudio mentioned the Fine Reduction Hearing. Ms. Zalman indicated that Ms. Claudio can apply; the cost is about $250, and once the property is in compliance, she can submit evidence. She asked if this is Ms. Claudio's Homestead and residential. Ms. Claudio replied yes, she is Homesteaded. She tried giving work to the small businesses, and now it is costing her. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $$4,734.12, which includes administrative fees in the amount of$384.12, but if the $384.12 was previously paid, the certified fine will be $4,350. Fine Certification Hearing Case No. 22-1012 IStorage PO LLC Property Address: 2951 SW 14th Place Officer Hart presented this case. The Special Magistrate Hearing was July 20, 2022, at which time the Respondent did not appear. A compliance date was set for August 19, 2022, or a fine of$100 per day, plus administrative fees. The property was last inspected on October 12, 2022, and the violations still exist. There are 61 days of noncompliance and the fine continues to accrue at $100 per day. As of this date, the fine is $6,100, plus administrative fees in the amount of$384.12, for a total of$6,484.12. Page 45 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman mentioned this has not complied. Officer Hartman clarified this has not complied. They have their Business Tax Receipt and Certificate of Use for the property but permitting has failed the intake process. Ms. Zalman commented that the fine is still accruing daily. Richard Novolo, Property Manager for properties on the East and West Coast of Florida, was present. Ms. Zalman indicated the fine is still accruing at $100 per day and the fine is currently $6,484.12. She suggested staying in touch with the City once this is in compliance, so the fine stops accruing. A Fine Certification for$6,484.12 will be entered and an Order will be received via mail. Mr. Novolo stated the office address is incorrect, it was an old office that has not been used for about three years. They have a new address and were not aware of the Certificate of Occupancy since that office was completely closed. Ms. Zalman advised it is important for a property owner to update the public records with the Property Appraiser. Mr. Novolo commented when they met with Ms. Zalman and Mr. Kuntzman, he was told that paperwork had been submitted, so he questioned if that is still an issue. Officer Hart advised that the SW 14th Place address is the actual storage facility and that is why that needs a Business Tax Receipt and Certificate Use. The offices are at a different location, so that also needs a Business Tax Receipt and Certificate of Use, which has been taken care of. As far as permitting, the permits have been applied for, but they failed. He does not know which address or email address it was sent to, but thinks they had a Contractor doing this. Mr. Novolo indicated it is a company, Quality Door Garage Services of Boynton Beach, and they had to retroactively go back and have them enter the permits and accept any fines. He noted that they need to figure out what was incorrect. He mentioned the door that had air conditioning and asked if that was in compliance. Ms. Zalman asked if a Business Tax Receipt was required for both addresses. Officer Hart replied yes. Officer Hart does not go through the permitting process, but if Mr. Novolo calls him, he can find out what the problem is. Page 46 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman indicated that Officer Hart does not have the actual status of what needs to be done, but he can look it up to be sure they have the same checklist. Mr. Novolo stated the minute this was originally brought to their attention they complied in the sense that they ceased from doing any further work on the facility until becoming compliant. He asked if they will be able to appeal some of the fines. Ms. Zalman stated the next step is to contact the City and get this into compliance, so it can close, and then they can move forward. She advised they can apply for a Lien Reduction process once the property is in compliance. This is an investment property, and if there are some factors that support or evidence of why it should be less, those are things that can be presented. Mr. Novolo asked if another Special Magistrate Hearing like this one planned for this case. Ms. Zalman indicated there is a Special Magistrate Hearing the third week of every month and this Case will be heard only if it is applied for. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $6,484.12, which includes administrative fees of$384.12. Lien Reduction Hearing Case No. 20-0031 Krikorian Zachary Property Address: 346 SW 8t" Avenue Property Violation(s): Code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was January 26, 2020. The Special Magistrate Hearing was on October 21, 2022, and no one appeared. A compliance date was set for November 20, 2020, or a fine of $25 per day. The Respondent complied September 7, 2022. There are 655 days of noncompliance at $25 per day. As of this date, the total fine is $16,275, plus administrative fees in the amount of$384.12. Zachary Krikorian, owner, was present. Ms. Zalman advised this violation goes back to 2020 and there is a lien on the property for $16,375. She asked if this is an investment property. Mr. Krikorian indicated this is his home and it is not Homesteaded. When he purchased the property in December 2019, it had a beautiful fence. A few months later, he was informed that a permit had not been completed by the previous owner. Officer Weixler Page 47 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 explained what was going on and put him in contact with someone in the permitting department. He received another letter saying he had to attend a Hearing, but he reached out to Officer Weixler and told him that a family member passed away and he had to go up north. Officer Weixler advised that they could extend the Hearing. Upon returning, he again reached out to the permitting department and was told the same thing. They said they would get back to him, but no one ever did. In January 2020, he left his job and started a new business, and then COVID hit in March and his business was heavily dependent on tourism. The permit was not his priority at that time, he had three employees and that was his focal point. About four or five months ago, he was looking to sell the property and found out the permit was still open. He was finally told that the initial inspection was conducted by Craig Pinder. After 32 phone calls, he never received a call back. The property is currently under contract and the closing is in two days. He thinks they can put the money into escrow. Ms. Zalman asked what Mr. Krikorian was hoping to reduce the lien to. Mr. Krikorian stated he had to put in hedges, which cost$1,300, because he was originally told to do one thing and then he had to take them back out and put them in again. The entire fence was completely fine, he only had to put in hedges. He takes accountability for the fact that this went on for an extended period, but he thinks $16,000 is a lot of money for hedges. He thinks $1,500 is more than fair. Ms. Zalman indicated the City recommendation is 20%, which is $3,275, plus administrative fees in the amount of$384.12. Mr. Krikorian commented that he is in $1,300, so if that is removed, it is around $2,000. Ms. Zalman advised there are a couple mitigating factors that she would like to consider. COVID defected a hardship, $1,300 was put into the hedges, the application process, a pending sale, and this is his home, not an income bearing property. She noted she always reduces for Homestead below a 20% recommendation. If she goes to 17%, that is $2,783, plus administrative fees of$384.12. Ms. Zalman mentioned that in some cases she takes the $1,300 off the $16,374, and adds 20% to that, which is $3,015; however, she is going below that to 17%, and came up with $3,167.87. Mr. Krikorian thinks that is fair. Ms. Zalman is aware Mr. Krikorian has a closing in two days. He can advise the title company that $3,167.87 is the amount, which includes administrative fees that were not paid from the original Hearing. The lien was reduced to $2,783.75, which is reasonable since it has been pending for a few years. Page 48 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Decision Based on testimony, Ms. Zalman reduced the fine to $3,167.87, which includes administrative costs of$384.12. Lien Reduction Hearing Case No. 21-0287 KCZ Housing Corp Property Address: 2210 SE 1St Street Property Violation(s): Code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was February 1, 2021. The Special Magistrate Hearing was June 16, 2021, and no one appeared. A compliance date was set for July 16, 2021, or a fine of $50 per day. The Respondent complied on August 19, 2022. There are 398 days of noncompliance at $50 per day. As of this date, the total fine is $19,900, plus administrative fees in the amount of$384.12. Jean Claude, Board Member, was present. Ms. Zalman advised that the lien is $19,900 and questioned if this is an investment property. Mr. Claude stated he was overseas when the first letter was sent, and he contracted COVID while overseas, so he was there for four and a half months. There was a tenant at the property, but he was not getting the mail. Once the tenant left, he started working on the property. The issue was for a Business Tax Receipt. He is currently retired, and paying $1,700 a month for the property, which has been vacant for ten months or more. He is planning to sell the property because he cannot afford it. Ms. Zalman indicated that the City is recommending 20% of the lien, which is $3,980, plus administrative fees of$384.12. Mr. Claude advised he is having financial difficulties and asked if he could pay $2,000. Ms. Zalman stated she could not go to $2,000. She noted that 17% would be $3,383, plus administrative fees of $384.12, for a total of $3,767. It is important to note that the final amount must be paid within 90 days; otherwise, the fine reverts to the original amount. Mr. Claude asked if he could pay $3,000. Supervisor Pierre suggested staying with the $3,767. Page 49 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 Ms. Zalman advised she was going to meet the City and Mr. Claude in the middle for a total of$3,500.12, which includes administrative fees. She went down another percentage point to 16%. An Order will be sent via mail. Decision Based on testimony, Ms. Zalman reduced the fine to $3,500.12, which includes administrative costs of $384.12. This fine must be paid within 90 days or it will revert to the original fine. Lien Reduction Hearing Case No. 21-2988 Inace Properties Property Address: 119 NW 13th Avenue Property Violation(s): Code sections stated below. Supervisor Pierre presented this case. The Notice of Violation date was November 19, 2021. The Special Magistrate Hearing was on February 16, 2022, and no one appeared. A compliance date was set for March 18, 2022, or a fine of$50 per day. The Respondent complied on August 22, 2022. There are 156 days of noncompliance at $50 per day. As of this date, the fine is $7,800, plus administrative fees in the amount of$384.12. Arturo Acevedo, Manager, and Gustavo Zapar, Business Associate, were present. Ms. Zalman indicated that the lien is $7,800. She questioned if this is an investment property and if so, if there are tenants. Mr. Acevedo advised this is an investment property and it is vacant. Mr. Zapar stated they purchased the property while it was vacant. They hired a Contractor to rehab the property and the Contractor started the work and did not pull permits. He charged them $20,000 and when they started looking at the survey, they realized it was invading the lot next door. Through that process, he started talking to Kaitlyn Hatcher, from the City, who retired. He has multiple emails with discussion about how to make the property compliant. There were only two options; purchase a portion of the lot next door from the neighbor, or slightly move the house. Ms. Zalman asked which option they chose. Mr. Zapar replied neither. Ms. Hatcher retired, and their Inspector changed. They missed the first Hearing because they did not receive the Notice for Appearance. In talking with the new Inspector, he asked if they have a Certificate of the Lien, and said they have to go through the process. He spoke with Mr. Pinder and went back and forth about how to move the property so it would comply because they could not resell while invading the Page 50 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida October 19, 2022 neighbor's property. Mr. Pinder told them they have a nonconforming property, and a nonconforming lot, and that the neighbor's lot is nonconforming. Even if the neighbor wants to sell, she will not be able to do so, because she has less than 6,000 square feet on her lot and if she sells to them, she will have less. They were working on something else and spent $6,000 plus $2,000 for demolition of the property. They were scheduled for last month's Hearing, but for some reason they were moved to this Hearing. Ms. Zalman questioned if everything on the property was demolished. Mr. Zapar indicated they pulled a permit and did the demolition. They had to get a Notice of Commencement with a new Contractor. The cost of the demolition was $6,000 and the permit was $2,000. They are working with a new Contractor to build a nice house. Ms. Zalman advised the City is recommending the lien be reduced from $7,800 to $1,944.12, which includes administrative costs of$384.12; that is 20%. Mr. Zapar stated they paid over $20,000 with the Contractor and lost materials when they demolished the house. He requested a little less; they are not going to make any money, but they are trying to break even. Mr. Acevedo mentioned the only reason they did not demolish months ago is because Ms. Hatcher told them if they demolished, they could not build anything because the lot was not in compliance. That time would have been saved if they had known they could build something. Mr. Zapar commented that they were misguided. When the new Contractor went to the City with Plans, he told them they can build a house. Ms. Zalman is aware they have spent money on demolition, permitting, and now rebuilding. She stated she would be consistent with the prior Hearing at the same percentage, reducing the fine to $1,554.12, which includes administrative fees. She is trying to represent both interests and noted that the City's recommendation is $1,944.12. She is taking the hardship into consideration. Decision Based on testimony, Ms. Zalman reduced the fine to $1,554.12, which includes administrative costs of$384.12. V. ADJOURNMENT Ms. Zalman concluded the hearing at 1:59 p.m. [Minutes by C. Guifarro, Prototype Inc.] Page 51