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Agenda 11-16-22 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, NOVEMBER 16, 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 9:09 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 13 22-2137 Removed 30 days 19 22-1900 Removed 30 days 20 22-1947 Removed 30 days 27 22-1506 Closed due to change of ownership 32 22-0113 Rescinded IV. NEW BUSINESS Case Hearing Case No. 22-1129 Pica Albert Jr Property Address: 817 North Railroad Avenue Type of Property: Commercial Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain permit for unpermitted structure. Contact Building Department to resolve. Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Officer Estime presented this case, which was a routine inspection. The initial inspection was April 29, 2022. This is not a repeat violator. Written Notice was issued on May 3, 2022, with 30 days to comply. The property was posted on October 20, 2022. A permit was applied for and failed numerous review cycles with Planning and Zoning, Structural, Fire, Engineering, and Utilities in August; no corrections have been made as of this morning. The property was last inspected on November 15, 2022. This is not a health and safety hazard. The City recommends compliance by December 1, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Albert Pica, owner, was present. Ms. Zalman commented that many issues need to be brought into compliance. The City is recommending compliance by December 1, 2022, or a fine of$100 per day. As of this date, administrative fees of$384.12 have accrued and must be paid. If the violations are not cured by December 1, 2022, there will be a fine of$100 per day. Mr. Pica advised that he owns the property. The thing constructed is a tool, which is used to certify waterproofing panels for FEMA certification that are used for hospitals and government buildings. The tool was constructed for testing the panels only. He as informed in August that a Building permit is required for this tool, so he has people working to get everything together to apply for a permit. The tool is only going to be used another 90 days and then it will come down. He believes they have a lot more things to turn into the City to see if a permit is going to be issued and by the that happens, the tool will no longer be needed, and they will have to make a different type of tool. Ms. Zalman questioned why an expedited date of December 1, 2022 is being requested. Officer Estime stated this is not a health and safety hazard, but he has been dealing with them for quite some time. These failed review cycles have been since August and no corrections have been made; nothing has been done in three months. He sent them a Notice of Violation in May. Ms. Zalman commented that this might be a business decision because as the tool sits there it is going to accrue $100 per day. It was mentioned that it might be knocked down in a couple months and a demolition permit may be required. Mr. Pica indicated if that is the case, he would probably be the one to apply for the permit. He is the property owner, and he has not signed anything about Building permits. Ms. Zalman asked if there is a tenant there. Mr. Pica stated there is a tenant there and the tenant is the one who constructed the tool. It is a chamber they put their paneling against, then they fill the chamber with water, and there is a large hammer that swings around and smashes it. Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman questioned if the tenant is aware of today's Hearing. Mr. Pica replied they are aware of this Hearing, but ultimately, he is the property owner and the responsible person. Ms. Zalman asked if the commercial lease provides that tenants are responsible for liens that accrue on the property. Mr. Pica replied no. He does not believe in leases; he is a handshake guy. He has got a lot of feedback from their Engineers they hired. Ms. Zalman suggested this might be something to speak to the tenant about and let them know it is costing him money as the property owner. There are a few options; are they going to remove the tool or is it worthy to have it there because he is going to be paying $100 per day for it to be there. That will be the business decision. If they are not going to work with Mr. Pica, he might want to turn to the City for the demolition permit or maybe this will be approved. Perhaps the tenants should work with him, but either way it needs to get approved or removed. Mr. Pica understood. He thinks the problem is that things are taking more time than assumed to get the permit. He was under the impression that something was turned into the City yesterday as far as this new Engineer's blueprint and explanations of what the City wanted. Officer Estime indicated he checked this morning, and everything is still in disapproval status, which means nothing has been submitted. Mr. Pica questioned if the December 1, 2022 deadline can be extended. He noted he does not live in town; he lives 200 miles away. Ms. Zalman commented that she does not mind an extension until December 16, 20227 because he showed up and this is not a health and safety hazard. If not cured by December 16, 2022, there will be a fine of $100 per day. She noted that administrative fees of $384.12 have accrued and must be paid. She noted that if something extreme happens, he can document those days and come back to her. Officer Estime commented that the tenant or Mr. Pica can pay for an expedited permit. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 16, 2022, or a fine of $100 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Case Hearing Case No. 22-2257 Norelus (glad Property Address: 1519 NE 1St Court Type of Property: Single Family/Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please remove or obtain permit for unpermitted structure. Contact Building Department to resolve. Officer Estime presented this case, which was a citizen complaint. The initial inspection was August 12, 2022. The Respondent is not a repeat violator. Written Notice was issued on August 22, 2022, with 30 days given to comply. The property was posted on November 1, 2022. The property was last inspected on November 1, 2022. This is not a health and safety hazard. The City recommends a compliance date of January 2, 2023, or $100 per day, plus administrative fees of$384.12. (glad Norelus, owner, was present. Ms. Zalman commented that the Respondent is building something, but he did not have the right permitting. Mr. Norelus advised he applied for the permit yesterday. He started the permitting process in August, but he did not have the survey. The shed is wood, not concrete; it is old. He requested a couple months to come into compliance. Supervisor Pierre indicated the permit is not going to get approved. Ms. Zalman asked if Mr. Norelus spoke to anyone in the City because it sounds like this structure may not get approved. Mr. Norelus stated he can hire his friend who is an architect. There is an easement in the back, which he is going to make into a five-foot setback easement, and according to code, he is building it himself and it is in the right position. Officer Estime indicated that Mr. Norelus applied yesterday, and the application is still in intake waiting to be reviewed. He originally gave the Respondent until December 16, 2022, but since he submitted the permit, the date was extended to January 2, 2023, which is 45 days to comply. Ms. Zalman questioned if the Respondent can make an appointment with Building to check the status. It sounds like it may not be approved, so going forward may not help. Officer Estime stated that Building is open from 7:00 a.m. to 4:00 p.m. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman suggested Mr. Norelus speak with someone in the Building Department to make sure what he is doing is not a waste of time. Officer Estime recommended leaving the January 2, 2023 compliance date and if it goes into review in a couple of weeks and gets disapproved, he will advise the Respondent to remove the structure. Ms. Zalman stated the problem she has with the compliance date is that it will take that long to get approved, so Mr. Norelus will not have much time to remove the shed if necessary. Supervisor Pierre commented that it is up to the owner of the property. The time requested can be approved. Mr. Norelus requested 90 days. Officer Estime stated approval takes anywhere from two weeks to a month. Ms. Zalman extended the compliance date to January 16, 2023. If it goes past that the fine is $100 per day. She noted that as of this date, administrative fees have accrued in the amount of$384.12, which must be paid. An Order will be sent via mail. Officer Estime advised the Respondent must get the permit issued by the compliance date. He met with Mr. Norelus yesterday and explained that he should have never built without a permit being issued. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of January 16, 2023, 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. 14-0816 Copeland R Diane TR Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family/Non-Homesteaded Candice Stone, Community Standards Director, presented this case. This is a duplex where they do not have tenants, but the Officer believes vagrants are living there. The Notice of Violation was issued on April 7, 2014, and there are multiple violations at this property, which were read into the record at the time. The Special Magistrate Hearing was May 21, 2014, and no one appeared. A compliance date was set for June 5, 2014, or $100 per day, plus administrative fees. An Affidavit of Noncompliance was issued on Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 June 9, 2014. The Fine Certification Hearing was on July 16, 2014, and no one appeared. The lien was recorded on July 30, 2014. As of November 14, 2022, the lien amount is $308,934.12, and the fine is still accruing. This case is still not in compliance. The City is requesting authorization to foreclose any Final Judgements for a total amount of monies owed. The lien was recorded over 90 days ago, and it is less than 20 years. This is not a Homesteaded property. Ms. Zalman questioned if anyone is in touch with the owner. Ms. Stone stated there was a posting and Notice was sent Certified Mail, but no one has reached out. 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 Entry Order of Foreclosure. Case Hearing Case No. 18-1268 Copeland R Diane Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family/Non-Homesteaded Candice Stone, Community Standards Director, presented this case. The Notice of Violation was issued on August 2, 2018, and the Notice of Public Nuisance was issued on August 23, 2018. A Public Nuisance was issued because of the overgrown lawn and landscaping violation. The Special Magistrate Hearing was on October 17, 2018, and no one appeared. A compliance date was set for November 7, 2018, or $25 per day, plus administrative fees. The Fine Certification Hearing was on December 19, 2018, and no one appeared. The lien was recorded on January 25, 2019. The Affidavit of Compliance was issued on July 25, 2019. As of November 14, 2022, the lien amount is $7,084.12, which includes administrative fees. The City is recommending authorization to foreclose on any Final Judgements for the total amount of monies owed. The lien was recorded over 90 days ago, and it is less than 20 years. This is not a Homesteaded property. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered an Entry Order of Foreclosure. Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Case Hearing Case No. 18-1386 Copeland R Diane Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family/Non-Homesteaded Candice Stone, Community Standards Director, presented this case. The Notice of Violation was issued on July 31, 2018. The Special Magistrate Hearing was on September 19, 2018, and no one appeared. The Respondent was given 15 days to comply or $50 per day, plus administrative fees. The Affidavit of Noncompliance was issued on October 23, 2018. The Fine Certification Hearing was on December 19, 2018, and no one appeared. This case is still not in compliance. The lien was recorded on January 25, 2019. As of November 14, 2022, the lien amount is $74,150.12, and is still accruing. The City is recommending authorization to foreclose any Final Judgements for the total amount of monies owed. The lien was recorded over 90 days ago, and it is less than 20 years. This is not a Homesteaded property. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered an Entry Order of Foreclosure. Case Hearing Case No. 19-0495 Copeland R Diane Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family/Non-Homesteaded Candice Stone, Community Standards Director, presented this case. The Notice of Violation was issued on March 20, 2019. The Special Magistrate Hearing was May 15, 2019, and no one appeared. A compliance date was set for May 31, 2019, or a fine of $25 per day, plus administrative fees. The City abated this property on June 6, 2019, and an Administrative Claim of Lien was recorded on July 12, 2019. The lien amount recorded was $634.12. The City is requesting authorization to foreclose any Final Judgements for the total amount of monies ordered. The lien recorded was recorded over 90 days ago, and it is less than 20 years. The property is not Homesteaded. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. She asked if the City proceeds with the foreclosure case if they are going to combine the cases into one because the filing fees and City costs will be more than a couple of these. Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Stone was not sure how that works, but she will find out. Decision As no one was present to testify, Ms. Zalman ordered an Entry Order of Foreclosure. Case Hearing Case No. 20-0773 Sems Po Ying Revoc Trust Property Address: 521 NW 13th Avenue Type of Property: Single-Family/Non-Homesteaded Candice Stone, Community Standards, Director, presented this case. The Notice of Violation was issued for this case; there are three cases with three extensions. The first was March 19, 2020, then May 1, 2022, and then June 5, 2020. There is a long list of violations for this property, which is on record from previous records. Ms. Zalman suggested there is evidence that there are liens, which have not been paid. Ms. Stone stated that the Special Magistrate Hearing was on August 19, 2020, and the Respondent did appear. A compliance date was set for September 15, 2020, or $500 per day, plus administrative fees. An Affidavit of Noncompliance was issued on September 23, 2020. The Fine Certification Hearing was on November 18, 2020, and the Respondent did appear. The lien was recorded on December 17, 2020. As of November 14, 2022, the lien amount is $394,884.12, including administrative fees, and the fine is still accruing. The City is requesting authorization to foreclose any Final Judgements for the total amount of monies owed. The lien was recorded more than 90 days ago, and it is less than 20 years. This is not a Homesteaded property. Sems Po Ying, owner, was present. Ms. Zalman explained there have been several violations on the property, all of which remained uncured for a long period of time, meaning the property has never been repaired or brought into compliance after multiple Hearings and Notices. As a result, $394,884.12 is owed and the fine is still accruing. The City of Boynton Beach is going to foreclose on the property, which means they are going to put it up for public auction; it is going to be sold and the money the City receives is going to be used to pay back their debt and any remaining balance goes through the Court process and then to her, if any. She does not know the value of the property. Ms. Po Ying will have an opportunity to purchase the property at auction if she would like; she can hire an attorney and investigate how that works or she can investigate herself. The important thing to note is that this property has been ignored. If anyone has been paid, the property has not been brought into compliance. She is going to enter an Order of Foreclosure because of the unpaid lien. This is the legal process in Palm Beach County in the State of Florida. If monies are owed Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 and property is ignored, the lien continues to accrue, and the City, Tax Collector, or other entities or associations will foreclose to collect because it has been fully ignored. Clarence Lane stated that Ms. Po Ying paid a contractor to do the roof, but the man took advantage of her; he was not licensed, and she did not know that. Ms. Zalman commented that evidence has been presented to her before that Ms. Po Ying was trying to work with contractors. She might have claims against them and she probably should have legal counsel at this point. There have been multiple Hearings on this issue, and it is not just the roof, there are multiple violations, and they still are not repaired, the fine is still accruing. The property has been ignored. Ms. Stone showed a current photograph from November 8, 2022. Ms. Zalman asked if tenants live there. Mr. Lane replied it is empty. Ms. Zalman knows Ms. Po Ying has come to the Hearings and she does not think it was her intention to ignore the property, but no one has done the job. Mr. Lane commented that Ms. Po Ying has proof that she paid people to do the roof and then people break in and stay in the building. Ms. Zalman stated that everyone with a property in the City can stay in touch with the Code Officer and give them updates, but this property has gone silent. She recommended Ms. Po Ying hire an attorney and at that point she can deal with the foreclosure process. There is an opportunity to purchase the property at the auction or reach a settlement with the City of Boynton Beach for the liens owed prior to the sale. Ms. Stone indicated the major violation issued was a roof caving in. From what she was told by the Officer, the roof caved in on a tenant, and it has not been repaired. There have not been any calls for inspection and no permits have been applied for since 2020. Some of the other violations are electrical work that was done without permits, obtaining a Business Tax Receipt; they were never legally allowed to rent out and they never applied for that, replace and repair the roof, visible leaks, the stove and refrigerator were not working, the lower kitchen cabinets had large holes in them, the water heater did not have a permit, there were not smoke detectors in all the rooms throughout the houses, there were broken or missing window screens, they had broken interior lights, window air conditioning units were replaced, but were not properly installed; they were missing buttons and not working properly, baseboards were missing, and there was paint was all over the window blinds. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman advised this is not just a roof issue, there are countless other items that are not addressed and there is no permit for so many different items that have been completely ignored. Mr. Lane stated Ms. Po Ying just hired a contractor to gut the entire building. The contractor will be paid, and they are going to get the work done because Ms. Po Ying wants the property, and she is going to pay the fine. Ms. Zalman stated they will have to present that to the City through the foreclosure process. She reiterated Ms. Po Ying might want an attorney. Ms. Zalman advised an Entry Order of Foreclosure is going to go out today. Ms. Stone stated the fines cannot be paid until everything is in compliance. This is going to be a foreclosure action. It will go to the Commission meeting after this Hearing once the request is approved by the Special Magistrate. It will not go to a Commission for another month or two, maybe after January, and at that time Ms. Po Ying can plea her case to the Commissioners because this is not the final step, it is just one of the steps to get the foreclosure going. There is zero time to get everything fixed at this time. Ms. Zalman mentioned the Lien Reduction Hearing and noted that once the property is in compliance, they can come back and ask for a reduction. Those cannot be set before her if the property is not in compliance. She recommended they go to the Commission meeting and plea her case. Mr. Lane asked if Ms. Po Ying would be informed of the date of the Commission meeting and if she could pay the lien at that time. Ms. Stone reiterated that everything has to come into compliance before paying anything. If everything is complied, and the fines are paid before it reaches the Commission, then they will not move forward. Mr. Lane questioned if they can go ahead with the contractor and do the roof and everything else. Ms. Stone stated that is up to them. The City is still moving forward with the foreclosure action. Ms. Zalman advised that the foreclosure action is being entered and there will be a Commission meeting in a month or two to secure the action, which they can attend. Mr. Lane asked if they come back in a month or two and show that everything was done and pay the fine. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman advised she could not speak for the Commission; she is only doing a procedural entry today. She cautioned them that if they spend the money to make the repairs there is a pending foreclosure, and if nothing is done, the property will be sold. Ms. Stone commented if they need a list of violations for this property, they can reach out to Officer Gayla Hill. Decision Due to evidence and testimony, Ms. Zalman ordered an Entry Order of Foreclosure. Case Hearing Case No. 21-1325 Copeland R Diane Property Address: 902 South Seacrest Boulevard Type of Property: Multi-Family/Non-Homesteaded Candice Stone, Community Standards Director, presented this case. The Notice of Violation was issued August 20, 2021. The Special Magistrate Hearing was December 157 2021, and no one appeared. A compliance date was set for January 20, 2022, or $25 per day, plus administrative fees. The Fine Certification Hearing was held on March 16, 2022. An Affidavit of Compliance was issued on March 21, 2022. The lien was recorded on March 21, 2022. As of November 14, 2022, the amount of the lien recorded is $1,859.12. The City is requesting authorization to foreclose on any Final Judgements for the total amount of monies owned. The lien was recorded over 90 days ago, and it is less than 20 years. The property is not Homesteaded. 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 Entry Order of Foreclosure. Case Hearing Case No. 22-0908 Souffrant Francois Jesula Property Address: 221 SW 4t" Street Type of Property: Single-Family Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please repair or replace leaning fence. Fence must be kept in good repair. Permit may be required. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Officer Mohorn presented this case. Notice was sent Certified Mail on June 16, 2022, and the signed green card was dated October 31, 2022. The property and City Hall were posted on October 27, 2022. This is not a health and safety hazard. The City recommends compliance by December 1, 2022, or a fine of $75 per day, plus administrative fees of $384.12. Ms. Zalman mentioned the compliance date of December 1, 2022, and she noticed a lot of the other cases were December 16, 2022. She asked if this was a rush. Officer Mohorn stated she was okay with an extension until December 16, 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 December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12 Case Hearing Case No. 22-2109 Boynton Partners LLC Property Address: 410 SW 1St Street Type of Property: Multi-Family Type of Violation(s): COH 10 SEC 10-56E COH 10 SEC 10-56H COH 10 SEC 10-59C Please repair all holes and defective surface conditions in interior wall to prevent dampness, deterioration, and/or leaks at the front door wall. Please provide extermination services and document it to keep structure from rodents and infestation. Please properly install and secure dishwasher to eliminate movement and maintain a safe working condition. Officer Mohorn presented this case, which was a citizen's complaint. The initial inspection was on July 28, 2022. This is not a repeat violator. Written Notice was issued on July 29, 2022, giving 30 days to comply. Notice was sent Certified Mail on September 22, 2022. The property and City Hall were posted on October 14, 2022. She spoke with the Property Manager, Manuel, on November 8, 2022, who advised they are unable to gain access to the interior to correct any of the violations. He provided a signed eviction notice, but the tenant has not yet been served. The property was last inspected on November 8, 2022. This is not a health or safety hazard. The City recommends compliance by December 16, Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 2022, or a fine of $75 per day, plus administrative fees of $384.12. She noted that the tenant was present to speak against the property owner. Ms. Zalman noted the property owner was not present. Sharon Cart, tenant, was present. Ms. Zalman asked if Ms. Cart has a Final Judgment of Eviction entered against her. Ms. Cart replied no. She told the Property Manager she was going to the City of Boynton of Beach because he would not fix anything. The first night she moved in the air conditioning was broken and she had to find someone to repair it. The Property Manager has told her he does not want to accept her rent money because of the compliance issue with the City; he has not accepted her money since August 2022. Ms. Zalman asked Ms. Cart if she has contacted Legal Aid. Ms. Cart stated she has contacted Legal Aid and left messages, but she has not received any call backs. She also reached out to the Property Management Company she went through to get into this apartment, and they told her they no longer manage the property. She does not know how to get in contact with the owner. Ms. Zalman asked if the Property Manager has filed an eviction. Ms. Cart replied that he has. She allowed him to enter her apartment and he filled the holes in the wall with yellow foam. Rats are in the walls, and they are eating through the foam. Ms. Zalman advised it is illegal not to accept rent money, so there are different resources such as an attorney, Legal Aid, or the court, but without having an attorney it might be difficult to reach a Judge. It is important that she put someone on notice that he refuses to accept rent. She is sure Ms. Cart has received a Summons that says she can put rent into the Court Registry. In Florida, to preserve the eviction and keep it going, she has to put the rent in the Registry. She asked if Ms. Cart is planning on leaving or if she is staying until the end. Ms. Cart stated she is looking for a place to live. Ms. Zalman commented that it sounds like a deplorable situation, and she would like to make the compliance date sooner. Officer Mohorn agreed. Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman moved the compliance date to December 1, 2022, otherwise, the landlord will be charged $75 per day. This does not mean it will force the Property Owner to fix it, but he will have to deal with it. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 1, 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. 22-0895 515 South Federal LLC Property Address: 515 South Federal Highway Type of Property: Commercial and vacant Property Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is not a health and safety hazard. The City recommends compliance by December 16, 2022, or a fine of $100 per day, plus administrative fees of $384.12. There is a commercial building and eight other parcels that are vacant and surrounded by posts. They have to get a permit for the entire fence, which covers all the properties. The fine is only going to be attached to this address. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Ms. Guim advised there should be eight separate cases for the eight different parcels. Ms. Zalman commented that if they apply for a permit, it will be a moot issue. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of December 16, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Case Hearing Case No. 22-1212 Dowells Investments LLC Property Address: 2309 South Federal Highway #18 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 December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 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 December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12 Case Hearing Case No. 22-2137 Brown-McIntosh Valrie Property Address: 145 SE 3rd Avenue This case has been removed for 30 days. Case Hearing Case No. 22-2279 Bello Gina V & Bishop Terry Jr Property Address: 401 SE 12th Avenue Type of Violation(s): As noted in Notice of Violation Officer Weixler presented this case. This is possibly a health and safety hazard. The City recommends compliance of November 30, 2022, or a fine of $150 per day, plus administrative fees of$384.12. Ms. Zalman questioned the health and safety hazard. Officer Weixler indicated he received a complaint regarding an inoperable vehicle on the property. He went to the home and spoke to a woman sitting on the front porch, who said she was the House Manager, and that five women live in the residence. She said the car belonged to one of the women living there. He has evidence from a Police Report from 2021, where the Police were called to a disturbance at the residence. The gentleman claimed that he is running a sober home from this residence. Ms. Zalman changed the compliance date to December 1, 2022. She noted the property owner was not present. She agreed with the City's recommendation. Officer Weixler stated the property owner does not live at the residence; they do not know where he lives. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of December 1, 2022, or a fine of$150 per day, plus administrative fees of$384.12 Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Case Hearing Case No. 22-0298 Crossings Master Assn Inc Property Address: 36 Crossings Circle Type of Property: Multi-Family Property Violation(s): CH 10 SEC 10-56D At 22 Crossings Circle, G, please repair all stairs. A permit is required. Please contact the Building Department at 561-742-6350 to apply. Officer Guillaume presented this case, which was a citizen's complaint. The initial inspection was February 2, 2022. This is not a repeat violator. A Courtesy Notice was issued, with 15 days to comply. The property and City Hall were posted on October 7, 2022. The property was last inspected on November 8, 2022. This is a health and safety hazard. The City recommends compliance by December 16, 2022, or a fine of $250 per day, plus administrative fees of$384.12. Ms. Zalman advised the $384.12 was entered for the last Hearing as well. Brad Banton, Treasurer of the Crossings of Boynton Beach Condominium Association, Inc., was present. Ms. Zalman commented that when there is a health and safety hazard, she usually always goes with the City recommendation. She stated the City is recommending compliance by December 16, 2022, or $250 per day. She noted that administrative fees in the amount of$384.12 have accrued to date. Mr. Banton advised they have applied for a permit and that is the only thing holding them up. As soon as it is issued, they are ready to go and will replace the stairs. Ms. Zalman asked when they applied for the permit. Mr. Banton believed they applied in October, and he provided the information to Officer Guillaume. Officer Guillaume commented that he did not see an application for that address in the system. He stated that Mr. Banton gave him a permit number, but he was not sure it was for that property. Ms. Zalman suggested visiting the front desk to make sure the application is in the system or to call in to make sure it is going through. Sometimes when people apply for permits the system sends back notes and they miss them. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Mr. Banton commented that the Notices are going to their former attorney. Ms. Zalman stated that an Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 16, 2022, or a fine of $250 per day. Administrative fees in the amount of $384.12 have accrued and must be paid. Case Hearing Case No. 22-0375 Kosakowski Timothy C Property Address: 515 NE 25th Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Please obtain a permit for newly installed fence. Contact Building Department at 561-742-6350 to resolve. Officer Guillaume presented this case, which was a routine inspection. The initial inspection was February 7, 2022. This is not a repeat violator. A door hanger was issued with ten days to comply. The green card was signed on October 11, 2022. The property was last inspected on November 8, 2022. The City recommends compliance by December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Tim Kosakowski, owner, was present. Ms. Zalman questioned the status of the fence. Mr. Kosakowski advised the fence is up and he applied for the permit on June 20, 2022. Ms. Zalman stated something must be wrong because this is November, and the permit has not been issued. Officer Guillaume indicated the last time the permit was reviewed was August 4, 2022, and it was disapproved by Planning and Zoning. Ms. Zalman commented that perhaps notes were entered into the system and the permit was rejected. There should be notes telling you exactly what is needed. She suggested Mr. Kosakowski check in with the Building Department. The City is recommending compliance by December 16, 2022; otherwise, there will be a fine of $75 per day. She assumed he would have to reapply, which takes about two or three weeks. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Mr. Kosakowski stated that the previous fence was grandfathered in and if he has to remove or lower the fence, he may need more time. He requested 60 days or something in between. Officer Guillaume did not have an objection to allowing more time. Ms. Zalman extended the compliance date to January 30, 2023. 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 January 30, 2023, 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. 22-1653 Marcandy Johnny Property Address: 243 NW 28th Avenue Type of Property: Single-Family/Non-Homesteaded Property Violation(s): As noted in Notice of Violation Officer Guillaume presented this case. The City recommends compliance by December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Decision As no one was present to testify, Ms. Zalman ordered a compliance date of December 16, 2022, or a fine of$75 per day, plus administrative fees of$384.12 Case Hearing Case No. 22-1883 Price Preston A Property Address: 2510 NE 3rd Street Type of Property: Single-Family/Non-Homesteaded Property Violation(s): CH 13 SEC 13-7 Please apply for and pass inspection and obtain a Certificate of Use and Occupancy. Contact 561-742-6350. CH 13 SEC 13-16 Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Obtain a Business Tax Receipt Contact 561-742-6350 to resolve. CH 15 SEC 15-120E2B Repair or replace roof. Permit may be required. Contact Building Department at 561-742-6350. CH 10 SEC 10-56E Repair interior ceilings. LDR CH 2 ART 4 SEC 2A2 Permit is required for water heater change out. Contact Building Department at 561-742-6350 to apply. Officer Guillaume presented this case, which was a citizen's complaint. The initial inspection was July 8, 2022. A Courtesy Notice was issued with 20 days to comply. The green card was signed on October 6, 2022. The property was last inspected on November 8, 2022. The City recommends compliance by December 16, 2022, or a fine of$100 per day, plus administrative fees of$384.12. Preston Price, owner, was present. Ms. Zalman asked if a tenant is currently present and noted there are a lot of issues on the property. She questioned the status of the property. Mr. Price replied there is currently a tenant. He spoke to a roofer who is going to apply for a roof permit and said it would take about two weeks. He also applied for the Business Tax Receipt and received an email that said it was in review and that a link would be sent to pay the fees. His only issue is financial; he is disabled, paraplegic, a single father, and all his money comes once a month. The money he receives from the tenant comes once a month, which he has to budget. He just saved enough money to do the roof, which is $6,000. Ms. Zalman understands, but he is deriving money from renting out to someone and not providing them a habitable space. Mr. Price stated he is doing everything in his power to make sure they are comfortable. The roof has a leak, and he did make previous repairs. Anytime it rains, water sits on the flat deck and eventually seeps through. This is the third time he repaired the roof and the inside ceilings. Ms. Zalman questioned the status of the water heater. Mr. Price stated he was doing some research and saw they do digital inspections, which he was trying to do, but he could not find out exactly how to do it. Officer Guillaume suggested Mr. Price contact the Building Department. Page 19 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Supervisor Pierre asked if Mr. Price replaced the water heater by himself. Mr. Price advised he hired someone to do it; it is a new water heater. Supervisor Pierre mentioned this is a rental property and a contractor needs to do the installation. Mr. Price indicated that the person was a professional, but he did not know he needed a permit. He asked if he can do the digital inspection. Supervisor Pierre advised the professional who replaced the water heater needs to schedule an inspection because it is a rental. He noted that a contractor must apply for the permit, Mr. Price cannot apply. He noted Mr. Price cannot do the digital inspection. Ms. Zalman indicated the City recommendation is December 16, 2022 to resolve; otherwise, there will be a fine of $100 per day. She noted administrative fees in the amount of$384.12 have accrued to date. Mr. Price requested additional time because there is a lot of violations, and the most expensive thing is the roof and the ceiling. He was quoted $6,000 for the roof and he is just now getting the money; he is giving them $3,000 to start and it will take at least two months to get the other $3,000. After that, he will do the ceiling. Ms. Zalman stated she cannot give an extension for financial hardship when there is a tenant. If the City wants to provide more time because of a permitting issue that is up to them. If this was his Homestead, it would be different. Supervisor Pierre questioned how bad the roof is and asked if Officer Guillaume went inside. Officer Guillaume replied that he went inside the property and the ceiling was bad. Ms. Zalman commented that Mr. Price is just now applying for the permits. Supervisor Pierre reiterated that Mr. Price cannot apply for the roof permit, the company must do that. He noted there is an emergency permit they can pull right away if the roof is leaking, so he needs to let them know so they can apply. He thinks 30 days should be sufficient. Ms. Zalman suggested that Mr. Price tell the roofing company they can apply for the emergency permit. He already applied for the Business Tax License and the Certificate of Approval will be done at the end, and then someone will come out for the water heater, which should not be more than 30 days. Page 20 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Mr. Price questioned at least a three-month extension because of financial difficulties. Ms. Zalman advised she has to go with the City's recommendation. Someone is living there, and they are the ones complaining. She extended the compliance date to December 30, 2022; otherwise, there will be a fine of$100 per day. 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. 22-1900 Sierra Gilbert Property Address: 2560 SW 10th Court This case was removed for 30 days. Case Hearing Case No. 22-1947 Grand Pierre Emile This case was removed for 30 days. Case Hearing Case No. 22-2183 Advenir@Banyan LLC Property Address: 1500 Stonehaven Drive Type of Property: Multi-Family Property Violation(s): COH CH 13 SEC 13-16 Please repair perimeter fence to the south of the property. Officer Hart presented this case, which was a City Department referral through the Police Department. The initial inspection was August 3, 2022. Written Notice was issued on August 6, 2022, with 30 days to comply. The property and City Hall were posted on November 3, 2022. As of this date, the fence is still in disrepair. The property was last inspected on November 15, 2022. The City recommends compliance by December 16, 2022, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Chris Miller, Community Manager, was present. Ms. Zalman commented this has been pending a while. The City is recommending compliance by December 16, 2022. Page 21 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Mr. Miller explained when they originally got the code violation, they contacted a vendor to get a bid, which was $1,500. Work was completed by August 31, 2022, to realize there was a disconnect between the Service Manager and the vendor, and they did not repair the full scope of the work. He then got approval for the total cost, and he is ready to go with the contractor. The only thing holding up the process is that the contractor is telling him that the black chain link fence is on backorder, and he is having a difficult time securing it. He is telling him it will be 30 days or more. The alternative is getting a regular galvanized fence, but they would have to paint it. Ms. Zalman asked if galvanized fences are approved by the Building Department. Mr. Miller replied that he did not know. Ms. Zalman suggested he ask the Building Department, so if they cannot get the other fence, he will have the alternative. She would advise the vendor that there is an Order form City Hall, and they have to do it or there will be a fine. Mr. Miller stated he will go to the Building Department and find out if they can get the galvanized fence and paint it. Ms. Zalman advised an Order will be sent via mail and it will state that they have until December 16, 2022 to comply; otherwise, there will be a fine of $75 per day. She noted that administrative fees in the amount of$384.12 have accrued to date. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 16, 2022, or a fine of$75 per day. Administrative fees in the amount of$384.12 have accrued and must be paid. Fine Certification Hearing Case No. 22-1298 FKH SFR Propco J LP Property Address: 529 NW 11th Avenue Property Violation(s): As noted in Notice of Violation. Officer Estime presented this case. The Special Magistrate Hearing was August 17, 20227 and no one appeared. A compliance date was set for September 16, 2022, or a fine of $75 per day, plus administrative fees. The property was last inspected on November 14, 2022, and the violation still exists. There are 61 days of noncompliance and the fine continues to accrue at $75 per day. As of this date, the fine is $4,575, plus administrative fees of$384.12, for a total of$4,959.12. Page 22 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 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 certified the fine for $4,959.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1750 L & E BB LLC Property Address: 100 NE 10th Avenue Property Violation(s): As noted in Notice of Violation. Officer Estime presented this case. The Special Magistrate Hearing was September 21, 2022, and a representative of the owner, George Leon, appeared. A compliance date was set for October 7, 2022, or a fine of $100 per day, plus administrative fees of $384.12. The property was last inspected on November 15, 2022, and the violation has complied. There are 39 days of noncompliance. As of this date, the fine is $3,900, plus administrative fees of$384.12, for a total of$4,284.12. 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 $4,284.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1292 Bridgewater Fred Property Address: 218 SW 14th Avenue Property Violation(s): As noted in Notice of Violation. Officer Mohorn presented this case. The Special Magistrate Hearing was August 17, 2022. A compliance date was set for September 16, 2022, or a fine of $75 per day, plus administrative fees. The property was inspected on November 8, 2022, and the violation complied on October 28, 2022. There are 42 days of noncompliance. As of this date, the fine is $3,150, plus administrative fees of$384.12, for a total of$3,534.12. Charlotte Bridgewater, Respondent's daughter, was present. Ms. Zalman asked if Ms. Bridgewater had an affidavit. Page 23 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Bridgewater replied that she did not. Ms. Zalman advised that Ms. Bridgewater could not testify for the record. This is a Fine Certification Hearing, which means they found out what day the property was in compliance, and the fine of $75 per day went up to that day and stopped. The fine of $3,534.12 will be certified today and an Order will be sent via mail. She noted that the Respondent can seek a Lien Reduction and bring evidence why there should be a reduction. The fine will not go away, but it could be reduced. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$3,534.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-0973 510 East Boynton Boulevard Trust Property Address: 510 East Boynton Beach Boulevard Property Violation(s): LDR CH 4 ART 3 SEC 2 Reseal and stripe parking lot. A Building permit is required. Officer Weixler presented this case. The Notice of Violation date was April 15, 2021. The Special Magistrate Hearing was February 16, 2022, and the Respondent did appear. A compliance date was set for August 9, 2022, or a fine of$50 per day, plus administrative fees. The property was last inspected on November 15, 2022, and the violation still exists. There are 99 days of noncompliance and the fine continues to accrue at $50 per day, plus administrative fees in the amount of$384.12. As of this date, the fine is $4,950, plus administrative fees of$384.12, for a total of$5,334.12. Valerie Pleasanton, Trustee, was present. Ms. Zalman indicated the property is not in compliance and the fine is still accruing. The purpose of this Hearing is to see what the fine is. The fine of $5,334.12 will be certified today, and the fine continues to accrue at $50 per day. An Order will be sent via mail. Ms. Pleasanton stated originally this was for two items; one was the container behind the building, which they were successful in removing in September. The other half of the fine was for the parking lot, and they are still trying to get a contractor because she is not allowed to apply for the permit on her own. So far, they have not been able to find a contractor willing to do the job. She met with Miller Land Planning, and they were going to see if they could find someone because it is a small job. Officer Weixler commented that he has given Ms. Pleasanton a list of contractors. Page 24 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Pleasanton requested anything sent to her is via Certified Mail, so they can make sure they receive it. They had not received any mail since the last time. Ms. Zalman mentioned the Broward County Property Appraiser site and asked if the mail goes to 510 East Boynton Beach Boulevard. Ms. Pleasanton replied yes it does. Ms. Guim advised the Orders go regular mail. Ms. Zalman commented that if Ms. Pleasanton does not see an Order in three weeks from now, she can always call and get a copy. She noted that any Hearing Notices are always Certified, but this is a copy of the Order that states there is a certified fine and that a fine is still accruing. Ms. Pleasanton asked if they would be willing to send the Order to her personal address. Ms. Zalman replied yes. She suggested she provide her address to Officer Weixler and he will give it to Administration so they can add that address to the mailing. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$5,334.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0957 Luchey Andrew Property Address: 2216 SE 4t" Street Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Permit required for all exterior doors and unpermitted windows. COH CH 10 SEC 10-56D Exterior to be structurally sound and in good repair pertaining to the roof. COH CH 10 SEC 10-56E Interior to be structurally sound and in good repair. Ceiling leaks through crack. COH CH 10 SEC 10-60D2 Fire protection, smoke detectors required in all bedrooms. Officer Weixler presented this case. The Notice of Violation was on April 12, 2022. The Special Magistrate Hearing was July 20, 2022, and the Respondent did appear. A compliance date was set for September 13, 2022, or a fine of $150 per day, plus Page 25 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 administrative fees. The property was last inspected on November 15, 2022, and the violation still exists. There are 65 days of noncompliance and the fine continues to accrue at $150 per day, plus administrative fees of $384.12. As of this date, the fine is $9,750, plus administrative fees of$384.12, for a total of$10,134.12. 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 $10,134.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-1506 De Nine LLC Property Address: 2309 South Federal Highway #10 Property Violation(s): As noted in Notice of Violation. This case was closed due to change in ownership. Fine Certification Hearing Case No. 22-0618 JMP Marble & Grante Inc Property Address: 1611 North Seacrest Boulevard Officer Guillaume presented this case. The Special Magistrate Hearing was July 20, 2022, and the Respondent did appear. A compliance date was set for September 19, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on November 8, 2022, and the violation still exists. There are 57 days of noncompliance and the fine continues to accrue at $50 per day. As of this date, the fine is $2,850, plus administrative fees of$384.12, for a total of$3,234.12. 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 of$3,234.12, which includes administrative fees of$384.12. Page 26 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Fine Certification Hearing Case No. 22-0209 Hoofnagle Brian Property Address: 902 Mission Hill Road This case was removed for 30 days. 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 it complied on October 12, 2022. There are 135 days of noncompliance and the fine stopped accruing. As of this date, the fine is $3,375, plus administrative fees of $384.12, for a total of$3,759.12. This case was tabled last month. Susan Andrews, owner, was present. Ms. Zalman commented that the issue is that there was a Hearing in April. Ms. Andrews advised she was instructed by Officer Weixler not to attend the April Hearing. Ms. Zalman stated she has an email that says the Hearing was not until April 20, 2022, and that Officer Weixler would give her more time pending the permit process. In May, he can remove the case from the agenda if more time is needed for the permit process. She did not see any further correspondence after that. Ms. Andrews indicated most of her conversations with Officer Weixler were verbal. Officer Weixler instructed her not to attend the Hearing. This all started from an issue with Comcast. The permit started in July 2021, and it took until May 2022. Ms. Zalman asked when the actual Hearing date was. Officer Hart stated it was April 20, 2022. Ms. Andrews advised at that time she still did not have a signature from Comcast from an Easement Consent Form because the City had been providing incorrect information of who to contact at Comcast. To this day, the City is still providing incorrect information even though once she got in touch with someone at Comcast, she notified the City of the correct contact so they could make a change, which has not been made. Page 27 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman showed Officer Weixler an email that states on March 1, 2022, that the Hearing is not until April 20, 2022, and that he will give her more time pending the permit process. It also said in May he could remove the case from the agenda if more time is needed for the permit process. She asked if the Hearing was in May or April. Officer Weixler replied April. Ms. Zalman commented that the Hearing was April 20, 2022, and Ms. Andrews is stating she did not attend based upon a conversation she had with Officer Weixler. Officer Weixler replied that his intention was that if she needed him to remove it for the permit process that she needed to respond to him. He did not receive that in an email, and he could not recall whether they spoke or not. He had some personal issues and had to take some time off work, which is when he lost touch with the case. He reiterated that Ms. Andrews did not respond that she needed more time. She noted that Officer Weixler wrote in May that he could remove the case from the agenda if more time was needed for the permit process. She did not see any response from Ms. Andrews, but obviously more time was needed because it was not complied. Ms. Andrews commented that she sent another email to Officer Weixler in May and copied Craig Pinder after she spoke to Comcast and finally got the right email address for the contact person. Ms. Zalman indicated that an email was written in March and Ms. Andrews paid the $138.98 permit fee. At one point she contacted Officer Weixler and he told her there was a restructuring throughout the entire City of Boynton Beach and he was no longer assigned to her case. Ms. Andrews mentioned the City is still providing incorrect contact information for Comcast and she provided the correct information five months ago. Ms. Zalman questioned how Ms. Andrews got the address from the City with the Comcast address. Ms. Andrews explained that the City has something called a fence packet with lots of blank forms. If you have an easement, there are five utility contacts and the Consent Form must be sent to all five utilities, but the contact email address for Comcast was incorrect. Many months later, the City provided a new address and she immediately sent an email to that address but never received a response. After several calls, she finally spoke to a female who confirmed that the new person no longer works at Comcast. Ms. Zalman does not have any doubts that Ms. Andrews has been attempting to resolve this. She needs to hear from the City; she does not know if they are opposing this. She knows the verbal statements are not documented. Page 28 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Officer Weixler indicated he has a note on March 1, 2022, that said application was submitted by the owner for the fence, time extension okay for permit process. The second note said to keep it on the April agenda for the Hearing. Ms. Zalman commented that the time extension is okay for the process. She thinks it was his intention to give an extension if it was needed. Officer Hart advised he had a response from Officer Weixler's email, and he showed it to Ms. Andrews. Ms. Zalman asked if anyone knew the date the clock started running for the fine. Officer Weixler stated the Special Magistrate Hearing was on April 20, 2022, and no one appeared. A compliance date was given for June 6, 2022, or a fine of $25 per day, plus administrative fees. At that point there was 135 days of noncompliance. Ms. Zalman mentioned an email dated March 1, 2022, stating that the permit was rejected and something about coming to City Hall to have a document signed and notarized. That is in response to the earlier email when Officer Weixler wrote the Hearing was not until April 20, 2022, and then he wrote he received the response. She advised that the fine started accruing on June 6, 2022, at $25 per day, and asked Officer Hart if it was his position either because of the error with the Comcast email or because of the communications with the Code Officer that the City wishes to cut the time or if he was seeking the full certification and why. Officer Hart stated that the City provides those numbers and contacts as a courtesy, it is not a requirement. Unfortunately, it was incorrect, and he is going to look into that with Planning and Zoning this afternoon. Ms. Andrews commented that the City is also providing incorrect information regarding the Notice of Commencement because she took that to Delray Beach City Hall to have that notarized. The instructions say to bring the paperwork to the City, but it is supposed to be uploaded to Sages. Officer Hart advised they try to provide the best information possible, they are not updated, nor do they have the resources to check on a weekly basis when things are changed. He has no idea when this changed, but he will investigate today. He apologized if the information is incorrect. He is going to talk to the department and make sure the information gets removed until it is updated and then they will go from there to find out why it is wrong. Ms. Andrews stated she has her fence permit and as far as the Notice of Commencement, as of late last night, the requested file has been uploaded and pending verification. She is waiting so she can get an inspection. Page 29 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman asked when the application went through and when it was submitted. She has that a permit fee was paid on March 1, 2022. Officer Hart replied the application was approved on October 12, 2022. He noted he would go with March 1, 2022; it was probably submitted prior to and was rejected. Ms. Andrews submitted six times, but all six times were corrections that were never made the prior times and he helped walk her through that and that is why they got with Craig Pinder. Ms. Andrews commented that each time it was a new set of violations; only once was it the same and that was the email she sent saying she had some confusion with Sages and did not think it was submitted, so she submitted it again. She has a spreadsheet that shows each of the violations from each of the six submissions. Ms. Zalman stated she is getting an argument seeking a removal of the current daily fine and if the City wants to keep any of the fine, they have to make an argument to the contrary or agree with Ms. Andrews that it would start as of now. Officer Hart indicated that he thought they made an argument during the previous Hearing when she said she had an email from Officer Weixler saying she did not have to show up and they proved that was not the case, and now it has changed to a phone call, which it could have been. They provided an email with Ms. Andrews' response and went through all the emails. Her reiterated that the phone numbers and emails she had that were incorrect are provided as a courtesy. Ms. Zalman advised it is not an obligation to provide that information, but once it is provided if the information is in error and someone suffers from it in some way, then it does put an obligation on the City to correct it. She thinks there is no question that both sides have been courteous and working together. This is one of those matters where no one is fully in error, she thinks everyone was trying to get something done. She noted that the response to the reason the April 20, 2022 Hearing should not have been entered that day. Ms. Andrews stated she has an email to Officer Weixler that says, just to confirm that he told her not to go to this Hearing. Ms. Zalman advised she does not have that email. She provided an email for Officer Hart to review with no date. Candice Stone, Community Standards Director, stated that she looked at Officer Weixler's emails and there was no such email. The entire thread needs to be provided because even with the email sent to Officer Hart, the date was cut off. She mentioned the full email thread when Officer Hart tabled the Certification of Lien, not the original Hearing, and that is why Ms. Andrews was brought to last months' Hearing. Page 30 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Zalman referenced an email dated July 19, 2022, after the April Hearing. Ms. Andrews stated that was regarding the first Certification of Lien, which was tabled. Ms. Zalman read the email that tabled the case 60 days and said that Ms. Andrews did not need to appear. Ms. Stone advised that the City's recommendation is to Certify the Lien and Ms. Andrews can come back for a reduction at which time she can provide what transpired in between with FP&L, the easement, and other things, to get a lower reduction. Since the last Hearing, Ms. Andrews is saying the Officers told her not to appear, but there is no evidence of that. Ms. Andrews commented that it was not both Officers, just her earlier conversations with Officer Weixler. Ms. Zalman stated the two biggest items are Officer Weixler's personal note in his book that a time extension is okay for the permit process and the slight delay because of the cable issue. She noted usually when an email is sent an email is received back stating that it was undeliverable. Ms. Andrews stated she never received anything. She has an internal email from someone at Comcast to the correct email. Ms. Zalman questioned the amount of the current lien. Officer Hart advised the current lien is $3,375, plus administrative fees in the amount of $384.12, for a total of$3,759.12. Ms. Zalman commented that Ms. Andrews missed the Hearing and whether she was there or not, the Order would have said that she had until June 6, 2022, or a fine of $25 per day. She is not sure going to the Hearing or not would have made any difference because she was granted a month and a half to comply. Ms. Andrews stated her survey was pending on June 6, 2022; her third review cycle was in Sages and was in structural review. Ms. Zalman advised this is not a Lien Hearing, it is a Certification Hearing; however, at Certification Hearings the lien is not certified if there is a potential mistake. She has evidence that every few weeks Ms. Andrews is in contact with the City and submitting, so she does not see evidence that the matter is being ignored. Page 31 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Ms. Stone indicated there is an option to extend the compliance date, which will waive the fines. The point of the emails was to state that the City did not tell Ms. Andrews not to show up. Ms. Zalman stated there is no email that says do not show up, she believes that based on the prior email and the fact that the permit was denied, Ms. Andrews had an understanding that she had more time. She thinks it was a miscommunication and that the intention was to give her more time. There are 135 days of noncompliance, and everyone has to go through the permitting process, which takes time and counts for a Fine Certification. She is going to extend the compliance date for 67 days, so the lien would be $1,675, plus administrative fees of$384.12, for a total of$2,059.12. Even if this were pushed to next months' Hearing, the fine would have been accruing at that point. She asked Officer Weixler if his intention was to push the case to the next agenda. Officer Weixler replied yes. Ms. Zalman explained she did that by extending the compliance date, she pushed it out 67 days, and there is no charge for those days. She thinks Ms. Andrews is getting the same result by doing this. Without everyone being on the same page, that is what she must do. She asked what day the May 2022 Hearing was. Officer Hart replied it was May 18, 2022. Ms. Andrews asked if she has any other options. Ms. Zalman advised an Order will be sent via regular mail. If she does not see it within three weeks she can call and request a copy. Once everything is in compliance, she can apply for a Lien Reduction Hearing. Ms. Andrews questioned if seven months of being unemployed is prone to an economic hardship. Ms. Zalman asked if this property is Ms. Andrews' Homestead. Ms. Andrews replied it is her only property. Ms. Zalman indicated the City recommendation is usually a small percentage; it is not going to disappear. It is $250 to apply. Lien Reduction Hearings are held the third week of every month. Ms. Andrews asked if the permit makes her in compliance. Officer Hart advised Ms. Andrews is in compliance. Her requirement was to obtain a permit, which she did on October 12, 2022. Page 32 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine of$2,059.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-3139 Leonard Associates Inc. Property Address: 706 West Boynton Beach Boulevard Officer Hart presented this case. The Special Magistrate Hearing was August 17, 2022, and the Respondent did not appear. A compliance date was set for September 16, 2022, or a fine of $50 per day, plus administrative fees. The property was last inspected on November 8, 2022, and the violation complied on November 8, 2022. There are 53 days of noncompliance and the stopped accruing at $50 per day. As of this date, the fine is $2,650, plus administrative fees of$354.12, for a total of$3,034.12. Ann Chapman, Manager, was present. Ms. Zalman advised today is a Fine Certification Hearing. Ms. Chapman indicated that she showed up at the previous Hearing with a Certified Letter and was told she was not on the docket. She stated she never had a chance to comment. Officer Hart stated Ms. Chapman showed up in July, which she received a letter for, but the case was not put on the agenda, so it was postponed a month. Ms. Chapman argued that she was never told. She questioned who she can state her case with. Ms. Zalman advised that case is not today. It sounds like the first Hearing was in August. Ms. Chapman stated she was in surgery at that time, and she told Officer Hart she could not come that day. Officer Hart showed Ms. Zalman and Ms. Chapman the signed green card for the August 17, 2022 Hearing. Ms. Zalman commented that a lot of people send in Counsel. Ms. Chapman asked where she should go to state her case and where and when. This is a case of FP&L with the City taking their trees. Officer Hart stated the property was also posted. Page 33 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Supervisor Pierre questioned if this was the case Planning and Zoning was working on. Ms. Chapman replied yes, they did not have anything to do with this, it was the City and FP&L. She has emails between the City and FP&L taking their trees without their consent. Ms. Zalman reiterated that case is not today. Usually, if someone is not at the Hearing, the case is presented, and an Order is entered; it starts with a fine of $50 per day. Ms. Chapman was in surgery, so no one spoke on behalf of the company. The violation is resolved, so there is no more fine accruing, but they need to apply for a Lien Reduction Hearing, when you can bring a timeline for review and present the argument. She noted that the City of Boynton Beach might come to the Hearing and present evidence and maybe they will not. The Lien Reduction Hearing application is $250. Decision Due to evidence and testimony, Ms. Zalman certified the fine of$3,034.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 22-0113 McDonald James Property Address: 3 Wooden Lane Officer Hart advised this case was rescinded. The Respondent complied in time; there was an outdoor kitchen, which the City thought needed to be permitted, but it was actually prefabbed, which Planning and Zoning and the Building Department did not need a permit for. Fine Certification Hearing Case No. 22-0561 Sukhu Lloyd & Maywantie Property Address: 651 SW 2nd Avenue Officer Hart presented this case. The Special Magistrate Hearing was July 20, 2022, and the Respondent did appear. A compliance date was set for September 15, 2022, and they complied on September 9, 2022; therefore, they would like to certify the administrative costs. Ms. Zalman noted the property owner was not present. She agreed with the City's recommendation. Page 34 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida November 16, 2022 Decision As no one was present to testify, Ms. Zalman ordered a Claim of Lien for administrative fees of$384.12. V. ADJOURNMENT Ms. Zalman concluded the hearing at 11:59 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 35