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Minutes 09-21-22 MINUTES OF THE COMMUNITY STANDARDS SPECIAL MAGISTRATE CODE COMPLIANCE/LIEN REDUCTION HEARINGS HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 21, 2022, AT 9 A.M. PRESENT: Hilary Zalman, Esq., Community Standards Special Magistrate Vestiguerne Pierre, Community Standards Supervisor Candace Stone, Director, Community Standards Tanya Guim, Administrative Supervisor Community Standards Jennifer Oh, Recording Secretary, Prototype, Inc. I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:02 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 8 22-1517 Complied 14 22-0469 Complied 15 22-1784 Complied 23 22-0076 Removed IV. NEW BUSINESS Case Hearing Case No. 21-2744 United Lynk LLC Property Address: 120 NW 9t" Court Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Estime presented this case. Written Notice was issued January 4, 2022, with ten days to comply. Certified mail was sent, and a signed green card was dated July 13, 2022. The property was last inspected on September 15, 2022. This is not a health and safety Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 hazard. The City recommends a compliance date of October 6, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 6, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1750 L & E BB LLC Property Address: 100 NE 10th Avenue Type of Property: Commercial Property Violation(s): LDR CH 4 ART 2 SEC 4A13 Please maintain all landscaping in accordance with the site plan. COH CH 15 SEC 15-120D1A Removal all outside storage, trash, and debris. Officer Estime presented this case, which was a routine inspection. The initial inspection was June 24, 2022. This is not a repeat violator. Written Notice was issued on July 21, 2022, with ten days to comply. The property was posted on September 7, 2022. The property was last inspected on September 16, 2022. This is not a health and safety hazard. The City recommends compliance by September 26, 2022, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Jorge Leon, owner's representative, was present. Ms. Zalman asked if Officer Estime had an affidavit from Mr. Leon. Officer Estime replied he did not, but they have been meeting at the site daily going through every detail. Ms. Zalman indicated that the City is providing until September 26, 2022 to clean up and asked if this is enough time. Mr. Leon stated he would like until the first week of October because there is an issue with their tenant, and they need to send a seven-day eviction notice via mail. They need additional trash service to bring out the containers in the morning, which is the biggest issue. He would like meet Officer Estime at the site, so he can show him the dead palms. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 He noted they had a sprinkler service there for three days to repair all the sprinklers and the grass is coming back. Ms. Zalman asked if Officer Estime had an objection to the first week of October. She advised the owner has sent records regarding specific issues giving the tenant time to cure, as required by Florida law. She noted there are items the owner can take care of on the outside premises. Officer Estime indicated he has an objection to the first week in October because the owner was given until June 24, 2022, and nothing was done for about a month. A lot of work has been done, but there is still outside storage every other day. He thinks they had plenty of time to correct the items, but they are moving too slow. Supervisor Pierre questioned why this property has been neglected for so long. Mr. Leon advised the biggest issue is that they put the burden on the tenant, who apparently does not care and that is why they took over cutting the grass and cleaning the yard. Officer Estime stated he is okay with the first week in October because they are building apartments next door. Ms. Zalman advised that would be through October 7, 2022. She noted that administrative fees and costs of $384.12 have accrued as of this date and if this goes past October 7, 2022, there will be a fine of$100 per day. An Order will be received in the mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of October 7, 2022, or a fine of $100 per day. Administrative fees have accrued in the amount of $384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-0275 Kid Glove LLC Property Address: 345 SW 12th Avenue Type of Property: Single-Family/Non-Homestead Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Building permit. Please obtain required permit for newly installed fence. Contact Building Department at 561-742- 6350 to apply. Officer Nunn presented this case, which was a routine inspection. The initial inspection was January 28, 2022. This is not a repeat violator. Written Notice was issued on Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 February 3, 2022, with 30 days to comply. Notice was sent via certified mail on March 4, 2022. The property and City Hall were posted on August 26, 2022. The property was reinspected on March 4, 2022, and the violation continued to exist. Upon review of the Sage and the Central Square Permitting Database, there was no application of permit approved for the fence. There was a Special Magistrate Hearing on May 18, 2022, at which time the property owner questioned receiving proper Notice and an extension was provided and this case was rescheduled to this Hearing. It was determined that the property was posted as required with proper Notice obtained. As of this date, a permit was submitted on June 2, 2022, and has been approved for the previously unpermitted fence construction on August 31, 2022, and the property is currently in compliance. The property was last inspected on September 20, 2022. This is not a health and safety hazard. The City recommends administrative fees in the amount of$384.12. Steve Averis, owner, testified. Ms. Zalman questioned why this case was brought to this Hearing. Officer Nunn reiterated during the May 18, 2022 Hearing, the property owner questioned receiving Notice, so an extension was granted, and an email was provided from their Department to the property owner advising that they did have proper Notice and service. The property came into compliance on August 31, 2022. Ms. Zalman commented that it sounds like the property is in compliance, and the case is ready to be closed. The City is requesting administrative fees of $384.12 because the property was not brought into compliance by the date cited. Mr. Averis stated the problem was getting the permit approved; it was filed in June 2022, and they did not hear anything for a long time and then one document was missing, which was provided. The permit was issued quickly after they followed up about three to five times. He does not mind paying the administrative fee since it has been a long time. Another part of the problem was getting people to come out during COVID. Ms. Zalman questioned if the Order was undone because it was done at another Hearing and a compliance date was issued. Officer Nunn advised he did not believe the Order was undone because they did not hear anything afterwards. An extension was granted after the Hearing until August. Ms. Zalman indicated that administrative fees in the amount of $384.12 will be entered., there are no further fees or charges. The Order will be received in the mail. She advised Ms. Guim that she would like to see a copy of the Notice of Hearing, the original Order, and any extension in the record if there was one. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered administrative fees in the amount of $384.12, which will be in the Order and must be paid. Case Hearing Case No. 21-0566 Poirier Logan & Kierstin Property Address: 409 SW 8t" Avenue Type of Property: Single-Family/Homestead Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain required permits for enclosure/addition of room and for structures for all buildings and construction to include mechanical, electrical, and plumbing. Please contact Building Department at 561-742-6350. Officer Nunn presented this case, which was a routine inspection. The initial inspection date was February 25, 2022. This is not a repeat violator. Written Notice was issued on February 25, 2022, with 30 days to comply. Certified mail was sent July 28, 2022, and the green card was dated August 3, 2022. On February 23, 2022, the property was observed with ongoing construction of an enclosure and an interior room addition. No permit was submitted for or approved for this construction. The property was reinspected on March 22, 2022, and the contractor requested an extension for the permitting process, which was granted 60 days for compliance, by May 23, 2022. On May 23, 2022, after speaking with the property owner, another extension was requested due to the backlog of contractor submitted permits. During reinspection on July 22, 2022, no permit was submitted or approved in the Central Square or Sage Permitting Database, and this case was scheduled for a Special Magistrate Hearing. On September 22, 2022, the property owner contacted the Building Department to inquire about the permitting process. As of this date, there has been no application or approval of a permit for construction at this property and the violation continues to exist. The property was last inspected on September 20, 2022. This is not a health and safety hazard. The City recommends compliance by November 21, 2022, or a fine of $50 per day, plus administrative fees of $384.12. Logan Poirier, owner, was present. Ms. Zalman advised the City is recommending until November 21, 2022 to bring this into compliance; otherwise, $50 per day. She asked if that is enough time and if the permit was already submitted. Mr. Poirier replied that is enough time. He stated the permit has not been submitted. The last time he spoke with the Building Department, he was given a list of the due diligence, Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 which is Step 1, and then submitting the permit, which he plans on doing as soon as possible. Ms. Zalman suggested a compliance date of November 30, 2022; otherwise, $50 per day. She noted that administrative fees in the amount of$384.12 have accrued as of this date. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 30, 2022, or a fine of$50 per day. Administrative fees have accrued in the amount of$384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-1448 Nervel Nirva Property Address: 315 SW 12th Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): COH CH 10 SEC 10-56C Please clean swimming pool and maintain in sanitary condition or completely drain pool and secure open area with an approved pool cover. Officer Nunn presented this case, which was a citizen complaint. The initial inspection date was June 1, 2022. This is not a repeat violator. Written Notice was issued on June 67 2022, with 15 days to comply. Certified mail was sent July 7, 2022, and the signed green card was dated July 16, 2022. The property was observed with a pool full of murky dirty water on June 1, 2022. On June 21, 2022, the property owner made contact and advised that she was currently unemployed and financially unable to conduct the required actions to come into compliance, so an extension was granted for an additional 15 days. On July 6, 2022, the property was reinspected, and the violation remained, so the case was scheduled for a Special Magistrate Hearing. The property was last inspected on September 20, 2022, and the pool remains in violation. This is a health and safety hazard. The City is recommending compliance by October 3, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 3, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Case Hearing Case No. 22-1458 Celin Jameson & Roseline B Property Address: 302 SW 5t" Lane Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain an approved permit for addition and modification of driveway and the addition of pavers. Please contact Building Department at 561-742-6530. Officer Nunn presented this case, which was a routine inspection. The initial inspection date was May 31, 2022. This is not a repeat violator. Written Notice was issued on June 1, 2022,with 30 days to comply. Certified mail was sent on July 28, 2022, and the property and City Hall were posted on September 8, 2022. On May 31, 2022, this property was observed with ongoing construction for a driveway modification and brick pavers, but no permit was submitted or approved for this construction. The property was reinspected on July 5, 2022, and the modification of the driveway and placement of brick pavers was observed to be completed, but there was no permit application or approved permit in the Sage Permitting Database, so this case was scheduled for a Special Magistrate Hearing. As of this date, no contact has been made with the property owner and there is no application or permit approval for the construction; the violation continues to exist. The property was last inspected on September 20, 2022. This is not a health and safety hazard. The City recommends compliance by November 21, 2022, or a fine of $50 per day, plus administrative fees of$384.12. Roseline Celin, owner, was present. Ms. Zalman advised the City is recommending until November 21, 2022 to allow time to apply for permitting regarding the pavers. She asked if Ms. Celin understands the process. Jameson Celin, owner, was present. Mr. Celin stated their contractor submitted a permit, but it was rejected, and they are in the process of redoing it. Ms. Zalman indicated that administrative fees have accrued in the amount of$384.12. An Order will be received in the mail. If there is no compliance by November 21, 2022, a fine of$50 per day shall accrue. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 21, 2022, or a fine of$50 per day. Administrative fees have accrued in the amount of$384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-1584 Van Name Joan K Trust Property Address: 405 SW 10th Avenue Property Type: Single-Family/Non-Homesteaded Property Violation(s): COH CH 15 SEC 15-120D1 E Please trim and maintain lawn under 12 inches. Officer Nunn presented this case, which was a routine inspection. The initial inspection date was June 13, 2022. This is not a repeat violator. A Courtesy Notice was issued on June 16, 2022, with 14 days to comply. Certified mail was sent on July 8, 2022, and the property and City Hall were posted on September 8, 2022. A reinspection of the property was conducted on June 30, 2022, and the violation continued to exist. On July 15, 2022, an extension was granted for seven days. The property was reinspected on July 22, 2022, and the violation continues to exist, so this case was scheduled for a Special Magistrate Hearing. As of this date, there has been no contact from the property owner. The property was last inspected on September 20, 2022, and the violation remains. The City recommends compliance by October 16, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 16, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1517 Bell Alberta K & Octavia C Property Address: 130 NE 10th Avenue This case complied prior to the Hearing. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Case Hearing Case No. 22-1132 1950 Congress Ave LLC Property Address: 815 West Boynton Beach Boulevard Property Violation(s): LDR CH 2 ART 2 SEC 2F1 B3 Trees and shrubs removed without approval. All must be replaced according to landscape plan. Tree and shrub removal must be mitigated by submitting a minor landscape plan modification application to Planning and Zoning. Contact Planning and Zoning with any questions at 561- 742-6260. Officer Mohorn presented this case, which was a citizen's complaint. The initial inspection date was April 30, 2022. This is not a repeat violator. Written Notice was issued on May 16, 2022, with 45 days to comply. Certified mail was sent on July 7, 2022, and the signed green card was dated July 13, 2022. The Respondent was uncooperative during attempted contacts. A neighbor complained that the property has a crew of workers coming in overnight during the weekend removing trees. Due to tree removal, lights from the tennis courts are now shining into the property. Someone from the property called to inquire about the steps needed to bring the property into compliance, but no progress has been made. The property was last inspected on September 20, 2022. Photographs were submitted into evidence. This is not a health and safety hazard. The City recommends compliance by November 21, 2022, or a fine or $250 per day, plus administrative fees of $384.12. Ms. Zalman questioned why the recommended fine is $250 per day since it is not a health and safety hazard. Supervisor Pierre indicated this was a complaint and there are also environment and landscaping issues. 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 21, 2022, or a fine of$250 per day, plus administrative fees of$384.12. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Case Hearing Case No. 22-1420 Trach John F & June F Property Address: 302 Glen Arbor Terrace Type of Property: Single-Family/Non-Homesteaded Type of Violation(s): COH CH 13, SEC 13-16 COH CH 13, SEC 13-7 Inclusive Please obtain Business Tax Receipt for rental property and apply for, pass inspection, and apply for a Certificate of Use and Occupancy. Contact the Building Department at 561-742-6350. Officer Hart presented this case, which was a routine inspection. The initial inspection date was May 25, 2022. This is not a repeat violator. A Courtesy Notice was issued on May 31, 2022, with ten days to comply. Certified mail was sent on June 27, 2022, and the green card was signed and dated on July 2, 2022. Officer Hill spoke with the Respondent on September 19, 2022, and she advised that the Respondents were ready for an inspection. Upon visiting the property, Officer Hill observed multiple violations that could not be corrected before today's Hearing. The property was last inspected on September 19, 2022. This is not a health and safety hazard. The City is recommending compliance by October 3, 2022, or a fine of $50 per day, plus administrative fees in the amount of $384.12. June Trach, owner, was present. Ms. Zalman advised the City is recommending until October 3, 2022, and she questioned how Ms. Trach's timeline is in terms of bringing this together. Ms. Trach stated there is a tenant who probably has not paid in the last 18 months. They are in the process of trying to evict him, but there is constantly a story that he or his daughter is in the hospital. They would like to be in compliance, and she requested another month. The tenant has two large dogs, and the tenant needs to be removed. Ms. Zalman asked if the eviction process has started. Ms. Trach replied it has not, she hopes to get that done by the end of the week. Ms. Zalman asked if Officer Hart had any objection to an extension. Officer Hart replied that he does not. Ms. Zalman advised she would extend the compliance date to November 3, 2022. She noted that an eviction process can take longer than that, so during the process, Ms. Trach Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 might need to set up or give written notice of inspections or the ability to come over there and take care of these items. Ms. Trach asked if she could have an additional month just in case. Officer Hart stated he is not that familiar with the case. Ms. Zalman commented that it is not a health and safety hazard, but she questioned if there are any issues of concern. Supervisor Pierre advised there have been a couple complaints on this property regarding outside storage. He asked if they will be able to take care of the outside storage because it is on the street. He stated they can try to extend the time, but the trash and debris must be removed. Ms. Zalman commented that in addition to the normal eviction process, Ms. Trach may need to speak with her attorney about sending a Demand Letter that trash and debris must be removed, or she will remove it or whatever the lease defines. That must be addressed immediately. She asked if Supervisor Pierre was recommending two separate Orders. Supervisor Pierre indicated one Order would suffice. Ms. Zalman advised she would extend the compliance date to December 5, 2022. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 5, 2022, or a fine of$50 per day. Administrative fees have accrued in the amount of$384.12, which will be in the Order and must be paid. Case Hearing Case No. 22-1492 Myslivecek Edward M Property Address: 305 East Ocean Avenue, #102 Property Violation(s): As noted in Notice of Violation. Officer Weixler presented this case. This is not a health safety hazard. The City recommends compliance by October 21, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1498 Meyernik Mary Property Address: 305 East Ocean Avenue, #108 Property Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health safety hazard. The City recommends compliance by October 21, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1500 Investment Holdings LLC Property Address: 305 East Ocean Avenue, #110 Property Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health safety hazard. The City recommends compliance of October 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Case Hearing Case No. 22-0469 Boynton Beach Mall LLC Property Address: 801 North Congress Avenue, #35513 This case complied prior to the Hearing. Case Hearing Case No. 22-1784 RCC I LLC Property Address: 1750 North Congress Avenue This case complied prior to the Hearing. Case Hearing Case No. 22-0310 Payen Archange Property Address: 811 West Ocean Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Unpermitted vinyl fence Please obtain required permits. Contact 561-742-6350. Officer Hart presented this case, which was a routine inspection. Initial inspection was on February 2, 2022, and a Courtesy Notice was issued on February 3, 2022, with 30 days to comply. The property and City Hall were posted on September 6, 2022. A permit application was made on May 1, 2022, and the review cycle through Planning and Zoning was disapproved on June 9, 2022. As of this date, no further steps have been taken per the Sage system. The property was last inspected on September 15, 2022. The City recommends compliance by October 21, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Archange Payen, owner, was present. Ms. Zalman stated the City is recommending until October 21, 2022 to bring this into compliance and submit the proper permitting. She asked if Mr. Payen is in the process of doing this. Mr. Payen indicated he applied for the permit and paid the fee. He did not receive anything other than the paper on his door to attend this Hearing. He came to the first Hearing and was told he was fine because he was in the process. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Ms. Zalman commented that it looks like something was submitted on May 1, 2022, and questioned what happened after that. Officer Hart mentioned the third column under status, which shows the review cycle was disapproved, and that is why they are here. Ms. Zalman advised the application was submitted in May and the City replied that it was disapproved, so there is no current permit application. Mr. Payen stated there is no way he would have known because he does not log in every day to check the status. He paid and was waiting to receive something in the mail. Officer Hart indicated whenever a permit is applied for, an email address is provided, so updates can be sent. If nothing is heard, it is your responsibility to check into it. He will doublecheck, but he is 99% sure Mr. Payen was notified because it is an automatic reply. Ms. Zalman advised she would like to table this case for 30 days since Mr. Payen applied and paid for the permit; there was a misunderstanding. If this is not in compliance by next month, Mr. Payen will have to pay the fine. Mr. Payen commented that he purchased the house in May 2018 and is just now receiving a citation four years later. Ms. Zalman mentioned when the house was purchased a Lien Search and other searches were probably done, but the City can do an inspection at any time. As a purchaser, it is your obligation to have those searches run through the Title company. Supervisor Pierre stated he can help with the process; Mr. Payen should have received an email when the process was denied. He provided his office number to Mr. Payen. Decision Due to evidence and testimony, Ms. Zalman tabled this case for 30 days, to the October 2022 Hearing. Case Hearing Case No. 22-0338 Tarca Donald E Jr Property Address: 1086 SW 25th Place Type of Property: Single-Family/Homesteaded Property Violation: LDR CH 2 ART 4 SEC 2A2 Unpermitted new shed in backyard. Please obtain required Building permit. Contact 561-742-6350. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Officer Hart presented this case, which was a routine inspection. The initial inspection date was February 3, 2022. A Courtesy Notice was issued on February 4, 2022, with 30 days to comply. Certified mail was sent on July 22, 2022, and the signed green card was dated August 21, 2022. A permit for the shed was applied for on April 15, 2022, but failed Plan Review on May 13, 2022. As per records up until Friday, the Respondent reapplied for the permit. The City recommends compliance by October 21, 2022, or a fine of $25 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of October 21, 2022, or a fine of$25 per day, plus administrative fees of$384.12. Fine Certification Hearing Case No. 22-0467 Miller Christopher Jr Property Address: 149 NW 13th Avenue Officer Estime presented this case. The Special Magistrate Hearing was on June 15, 2022, and the Respondent did not appear. A compliance date was set for July 15, 2022, or a fine of $50 per day, plus administrative fees of $384.12. The property was last inspected on August 12, 2022, and the violation was complied. There are 27 days of noncompliance at $50 per day. As of this date, the total fine is $1,350, plus administrative fees of$384.12, for a total of$1,734.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $1,734.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 19-0460 Crossings Master Assn Inc. Property Address: 36 Crossings Circle Officer Karageorge presented this case. The Special Magistrate Hearing was on May 18, 2022, and the Respondent did appear. A compliance date was set for July 18, 2022. The property was last inspected on September 20 and 21, 2022, and the violations still exist. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 There are 65 days of noncompliance at $150 per day. As of this date, the fine is $9,750, plus administrative fees of$384.12, for a total of$10,134.12. The Respondent has started the process, but the property has not come into compliance. Brad Banta, Treasurer of the Association, was present. Ms. Zalman advised this is not a Case Hearing, this is to certify the fine. Once the property is in compliance, the Respondent can go through the Lien Reduction process if they wish. The total fine is $10,134.12 and still accruing at $150 per day. She recommended when they come for the Lien Reduction process to bring a timeline with start dates and when the applications were submitted, so she can see how long it sat with the City, and anything spent to bring the property into compliance. An Order will be received in the mail. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $10,134.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 20-3070 Jimenez Felix P Property Address: 2210 NE 3rd Court Officer Karageorge presented this case. The Special Magistrate Hearing was on June 15, 2022, and the Respondent did not appear. A compliance date was set for July 15, 2022. The property was last inspected on September 20, 2022, and the violation still exists. There are 68 days of noncompliance at $50 per day. As of this date, the total is $3,400, plus administrative fees of$384.12, for a total of$3,784.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman certified the fine of $3,784.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0602 Crossings Master Assn Inc Property Address: 36 Crossings Circle Officer Karageorge presented this case. The Special Magistrate Hearing was June 15, 2022, and the Respondent did appear. A compliance date was set for July 20, 2022. The Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 property was last inspected on September 20, 2022, and it is still in violation. There are 62 days of noncompliance at $100 per day. As of this date, the total is $6,200, plus administrative fees of$384.12, for a total of$6,584.12. Work has been done, but without a permit. The Respondent applied for a permit, but it was disapproved, and they need to reapply. Once a permit is received, they will be in compliance. Joe Faldcamp, President of the Condo Association, was present. Ms. Zalman advised this is a fine certification and the fine is $6,584.12. She knows there were some health and safety hazards, which they may wish to address at a later date. An Order will be received in the mail. Mr. Faldcamp requested confirmation of the unit number. Officer Karageorge indicated the unit number is 5G. Mr. Faldcamp stated they will submit an application for a permit soon; they are working on it. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$6,584.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2806 Trust No 1128 SW26 Property Address: 1128 SW 26th Avenue Officer Hart presented this case. The Special Magistrate Hearing was June 15, 2022, and the Respondent did not appear. A compliance date was set for July 7, 2022, or a fine of $100 per day, plus administrative fees. The property was last inspected on September 157 2022, and the violation still exists. There are currently 76 days of noncompliance and the fine continues to accrue at $100 per day. As of this date, the fine is $7,600, plus administrative fees of$384.12, for a total of$7,984.12. Jose Gomez, Trustee, was present. Mr. Gomez stated he is trying to work with the City regarding obtaining a Business Tax Receipt. He hired a general contractor on February 15, 2022, who filed a permit. In March 2022, he had problems with the tenant, who denied access to the Inspectors. He then had to go to Court to file an Eviction, and now they are able to work with the City to resolve this case. He sent photos of the air conditioning to the Inspector and was told more photos were needed, which he sent. The permit was disapproved, and he does not know what Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 the standard permit is. The general contractor said he needs to check with the City Inspector to find out what happened to the form. He requested additional time and stated this is not his fault. Ms. Zalman advised this is a fine certification, it is not the original Hearing; today she will certify the fine. Once this is complete, the Respondent can apply for a Lien Reduction, and she wants him to bring a copy of the eviction and all the dates he applied. She noted that the fine is still accruing at $100 per day. They can consider a reduction based on the time lost from the eviction because by law there was some preventive access. Decision Due to evidence and testimony, Ms. Zalman certified the fine for $7,984.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0076 Sikonoma LLC Property Address: 627 SW 3rd Avenue This case was removed prior to the Hearing. Fine Certification Hearing Case No. 22-0147 Goldstein Scott Property Address: 1213 SW 25th Avenue Officer Hart presented this case. The Special Magistrate Hearing was May 18, 2022, and the Respondent did not appear. A compliance date was set for June 17, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on August 3, 2022, and the violation complied on July 6, 2022. There are 39 days of noncompliance, and the fine does not continue to accrue at $50 per day. As of this date, the fine is $1,950, plus administrative fees of$384.12, for a total of$2,314.12. 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 $2,314.12, which includes administrative fees of$384.12. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Lien Reduction Hearing Case No. 17-1974 Pierre Sylvia Property Address: 2309 South Federal Highway, #7 Property Violation(s): As noted in the Notice of Violation Supervisor Pierre presented this case. The Notice of Violation date was October 6, 2017. The Special Magistrate Hearing was on January 17, 2018, and the Respondent did not appear. A compliance date was set for February 17, 2018, or a fine of$100 per day. The Respondent complied on July 21, 2022. There are 1,602 days of noncompliance at $100 per day. As of this date, the total fine is $160,200, plus administrative fees of$384.12. Sylvia Pierre, owner, was present. Ms. Zalman asked if this is Ms. Pierre's Homestead property or a rental property. Ms. Pierre replied it is a rental property, but it has been empty for two years. Ms. Zalman advised that Ms. Pierre was here today to ask for a Lien Reduction and asked how much of a reduction she was looking for. She stated fines do not get reduced to zero, but she is welcome to put in an argument as to what she thinks the fine should be reduced to and why. She asked how much she spent bringing the property into compliance and noted she lost rent for two years. Ms. Pierre advised she has not worked for a long time; she is unemployed and is living on Social Security. Ms. Zalman indicated that whatever the lien is reduced to, it must be paid within 90 days; otherwise, it goes back to the original amount. She asked if Ms. Pierre was trying to sell the property and if it is under a sales contract. Ms. Pierre stated she tried to sell it. She does not have a realtor, but she has someone interested in buying the property. Ms. Zalman questioned if there is a mortgage on the property. Ms. Pierre replied no, but she has to pay the Association every month; there is no mortgage payment. Ms. Zalman commented that this is a hardship situation. Supervisor Pierre stated the property is Homesteaded because she removed it from the rental because it has been empty for a while. They have to stay consistent with the new reduction process; therefore, he asked for 5% of the lien. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Ms. Zalman advised that 5% of the lien is $8,010. She told the Respondent that the City is proposing $8,010 plus administrative fees of $384.12 and again asked if there is a tenant at the property. Ms. Pierre reiterated no one lives there. Supervisor Pierre indicated that she moved it back. Ms. Zalman commented that they usually go down to 2%. She asked how much Ms. Pierre would like to propose for the lien reduction. Ms. Pierre stated she receives $500 per month from Social Security and asked if she could pay $2,000. Ms. Zalman questioned how much Ms. Pierre spent to bring the property into compliance to come to this Hearing, such as repairing the air conditioning, the window and screen, etc. Ms. Pierre indicated she spent $200 for the application. She did not bring the list of other expenses with her. Ms. Zalman requested clarification from Supervisor Pierre that Ms. Pierre removed the tenant. Supervisor Pierre advised the property is empty and Ms. Pierre applied for Homestead. She is trying to sell the property; it is not like she is going to rent it again. Ms. Zalman agreed with Ms. Pierre's offer of$2,000, which must be paid within 90 days. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $2,000, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing Case No. 20-1383 JSF Enterprises LLC Property Address: 123 SW 6t" Avenue Type of Violation(s): As noted in the Notice of Violation Supervisor Pierre presented this case. The Notice of Violation date was June 15, 2020. The Special Magistrate Hearing date was March 17, 2021, and the Respondent did appear. A compliance date was set for June 29, 2021, or a fine of $50 per day. The Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Respondent complied on August 25, 2022. There are 371 days of noncompliance at $50 per day. As of this date, the total fine is $18,550, plus administrative fees of$384.12. Jacques St. Fleur, owner, was present. Ms. Zalman stated the fine is $18,550, plus administrative fees of$384.12. Mr. St. Fleur advised he was granted some time during a previous Hearing, and everything was fixed, but the contractor ran off with his money and he had to get someone else. He requested a reduction, so he can move on; everything has been complied with. Ms. Zalman asked if this is a rental property and if so if a tenant is there. Mr. St. Fleur replied yes, someone moved in last month. He is not currently trying to sell the property. He did not know there was a lien and he thought everything was okay. He was told he needed a Business License, which he applied for, but when he called for an inspection, he was told that he had an open permit, which he took care of. Ms. Zalman asked if Mr. St. Fleur wanted to present what he thinks the lien should be reduced to. She questioned how much money Mr. St. Fleur spent throughout the entire process. Mr. St. Fleur indicated he lost money throughout this whole thing; he had to make repairs and get another contractor. He spent about $32,000 total with the contractor and repairs. He asked if he could pay 2%. Supervisor Pierre recommended 5% of the lien. Ms. Zalman advised 5% is $927.50, plus administrative fees of$384.12. She agrees with the recommendation and thinks it is fair. Mr. St. Fleur accepted the 5%. Ms. Zalman advised the total is $1,311.62, which must be paid within 90 days, or the fine will revert to the original amount. An Order will be received in the mail. Mr. St. Fleur asked if he could get a letter today. Ms. Guim indicated a letter will be sent to him in about seven days. She will send an email today with the results of the meeting, and the final will come in about eight days. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida September 21, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine of$1,311.62, which includes administrative fees in the amount of $384.12. This fine is payable within 90 days, or the fine will revert to the original amount. Supervisor Pierre introduced the following new employees: • Officer Miranda Mohorn • Isis Sabion, Community Standards Associate • Monica Higuero, Community Standards Associate V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:29 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 22