Loading...
Minutes 12-21-22 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, DECEMBER 21, 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 9:08 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 Community Standards Associate, Isis Sablon, administered an oath to all those intending to testify. III. CHANGES TO THE AGENDA Item Case No. Status IV. NEW BUSINESS Case Hearing Case No. 22-2425 Sem Po Ying Property Address: 132 NW 4t" Avenue Case Hearing Case No. 22-2439 Sem Po Ying Property Address: 132 NW 4t" Avenue Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Case Hearing Case No. 22-3049 Boynton Landings Condominium Property Address: 2309 North Congress Avenue, Club H Case Hearing Case No. 22-2782 Foisel Seikh & Kowser Seikh Property Address: 121 East Woolbright Road Case Hearing Case No. 22-3109 Copeland R Diane TR Property Address: 902 South Seacrest Boulevard Case Hearing Case No. 22-3142 Gulfstream Condo Assn Property Address: 2020 South Federal Highway, SFHA Case Hearing Case No. 22-2055 Crossings Master Assn Inc. Property Address: 36 Crossings Circle Case Hearing Case No. 22-2194 Grobman Alexander Property Address: 11 Crossings Circle, G No one was present. Case Hearing Case No. 22-2225 Seacrest Villas Assoc Inc. Property Address: 1820 New Palm Way No one present. Case Hearing Case No. 22-2309 Francisco Pascual Property Address: 2417 NE 4t" Street Page 2 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Case Hearing Case No. 22-0199 Saramago Evandro L Property Address: 1113 Lake Terrace, #107 Case Hearing Case No. 22-1900 Sierra Gilbert Property Address: 2560 SW 10th Court Case Hearing Case No. 22-2704 St Felix Jude & Telamour J Property Address: 727 West Ocean Avenue Type of Property: Single-Family/Homesteaded Property Violation(s): COH CH 10 SEC 10-52 Remove all and inoperable unregistered vehicles. Officer Hart presented this case, which was a routine inspection. The initial inspection date was September 27, 2022. This is a repeat violator. Written Notice was issued on October 5, 2022, with zero days to comply. Notice was posted on the property and City Hall on December 9, 2022. This property has been cited and brought before the Special Magistrate previously; the case number was 21-1533. The Special Magistrate Order was submitted. This property is a revolving door of inoperable vehicles in and out all the time, blocking the sidewalks and the road, and for that reason it is a health and safety hazard. The City recommends a fine of $250 per day plus administrative fees in the amount of $384.12. Jacquelyn St. Felix, Owner, was present. Ms. Zalman advised the City recommendation is $250 per day that this continues forward. Ms. Felix asked what the problem is. She has a business, tags, dealer tags, and insurance for all the cars on the property. She does not keep the cars; her business is in Broward. Sometimes she gets the cars from the auction and transfers them to her business. She wants to make sure exactly what the City wants her to do, so she can fix it. Ms. Zalman asked Officer Hart what can specially be done so she will not incur the $250 per day. Officer Hart explained that every car must have a current tag. If vehicles are purchased at the auction, take them to the business, they cannot be stored at home. Auto repairs are also being done on the vehicles at home, which cannot be done, the repairs must be Page 3 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 done at the business. There are different cars there every day and he cited the vehicles without tags. The violation is inoperable unregistered vehicles. Ms. Felix stated she pays $4,000 per year, which covers all the cars with a dealer tag. Ms. Zalman commented that if a Code Officer drives by and there is no tag on the car or there is a vehicle that looks completely inoperable, she will be cited. All vehicles must have a tag and be operable. Officer Hart is suggesting this is a neighborhood, not a commercial area, and a business is not supposed to be running from the home. In the future, if there is mechanical work being done on some of these investment cars, there will probably be a new violation notice. Candice Stone, Community Standards Director, explained if a Code Officer sees a car with no tag or an expired tag, they cite for that. They did not know a business was running from the home or they would have added operating a business at the house. Now that it is on record, they know the business is being operated from the home because cars are being stored on the property and that cannot happen. The best thing to do to avoid any further issues is to buy from the auction and bring the vehicles straight to the business. Ms. Felix indicated all her mail comes to her house. Ms. Stone indicated Ms. Felix can own a business and have mail come to the house, that is not a violation. The problem is bringing cars to the house. They have the ability with repeat violators to retroact the fines from when the vehicles were first observed. Ms. Felix asked if she could have two months to make sure everything is clear. Ms. Stone replied no, not with a repeat. Ms. Felix asked how many days she has. Officer Hart questioned if Ms. Felix knew this was a violation because they have discussed this before. This is the fifth time being cited for the same violation within the past year and a half. He recommended immediate corrective action. Ms. Felix stated the issue is a tag. She is going to move everything and put dealer tags on the cars and that is why she asked if she could have a couple days. Officer Hart commented if there are going to be multiple vehicles on the property with a dealer tag, she will be cited for running a business out of the home without a Business Tax Certificate. Ms. Felix stated she can move the vehicles with a dealer tag. Page 4 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Stone advised Ms. Felix could have five days to move all inoperable vehicles with no tags. Ms. Zalman indicated that $384.12 has accrued for administrative fees and an Order will be received via mail. Ms. Felix has five days to remove any untagged or inoperable vehicles; otherwise, it is $250 per day. DECISION Due to evidence and testimony, Ms. Zalman certified the fine for $384.12. Ms. Felix has five days to remove any untagged or inoperable vehicles; otherwise, a fine in the amount of$250 per day will accrue. Case Hearing Case No. 22-2342 RCC I LLC Property Address: 1750 North Congress Avenue, #700 Fine Certification Hearing Case No. 22-1193 TAH Property Holdings LLC Property Address: 302 SW 5t" Avenue Officer Bien presented this case. The Special Magistrate Hearing was on August 17, 2022, and no one appeared. A compliance date was scheduled for September 16, 20227 or a fine of $50 per day plus administrative fees of $384.12. The property was last inspected on December 19, 2022, and the violation on longer exists. The violation complied on December 10, 2021. There are 85 days of noncompliance at $50 per day. The total fine is $4,250, and the administrative fee has been paid previously. John Scalia, Property Manager, was present. Ms. Guim advised Mr. Scalia is the Property Manager and he has an authorization form allowing him to attend this Hearing. Mr. Scalia questioned if the fine could be further reduced. Ms. Zalman indicated the fine could not be reduced unless there was an error. this is a calculation Hearing. This case is complied, so the fine will not continue. The fine will be certified for $4,250 and an Order will be received via mail. Page 5 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Decision Due to evidence and testimony, Ms. Zalman certified the fine for $4,250. Administrative fees were previously paid in the amount of$384.12. Fine Certification Hearing Case No. 22-1458 Celin Jameson & Roseline B Property Address: 302 SW 5th Lane Fine Certification Hearing Case No. 22-2009 Laxton Michael & Brooke Property Address: 431 SW 1St Avenue Fine Certification Hearing Case No. 22-2744 United Lynk LLC Property Address: 120 NW 9th Court Fine Certification Hearing Case No. 22-1699 Davis Craig Jr Property Address: 541 NW 9th Avenue Fine Certification Hearing Case No. 22-0213 Kalafat Huseyin U 7 Rogart Circle Fine Certification Hearing Case No. 22-1132 1950 Congress Ave LLC Property Address: 815 West Boynton Beach Boulevard Fine Certification Hearing Case No. 22-1352 Akalp Eralp Property Address: 1230 Old Boynton Road, #205 Fine Certification Hearing Case No. 22-1448 Nervel Nirva Property Address: 315 SW 12th Avenue Page 6 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Fine Certification Hearing Case No. 22-1654 Alfred Fenndo Property Address: 245 NW 28th Avenue Fine Certification Hearing Case No. 22-1908 Larmere Alfred Property Address: 2116 NE 3rd Street Fine Certification Hearing Case No. 22-1938 Designs By Stephanieo LLC Property Address: 124 SW 12th Avenue Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Fine Certification Hearing Case No. 22-2750 Creegan Jeffrey M Property Address: 111 SE 31St Avenue Fine Certification Hearing Case No. 22-0209 Hoofnagle Brian Property Address: 902 Mission Hill Road Fine Certification Hearing Case No. 22-0310 Payen Archange Property Address: 811 West Ocean Avenue Fine Certification Hearing Case No. 22-0338 Tarca Donald E Jr Property Address: 1086 SW 25th Place Fine Certification Hearing Case No. 22-1446 1865 Woolbright Road LLC Property Address: 1865 West Woolbright Road Officer Hart presented this case The Special Magistrate Hearing was on October 19, 2022, and no one appeared. Ms. Guim was contacted last month, and emails were sent asking if this case could be reheard. Unfortunately, they were unable to put them on the Page 7 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 agenda last month, so they were moved to this month. The compliance date was November 18, 2022, or a fine of$50 per day, plus administrative fees. There are 33 days of noncompliance at $50 per day and the property is not in compliance as of this date. The fine is $1,650; administrative fees have already been paid. Emails were submitted for review. Jason Blevins, Attorney, was present. Attorney Blevins advised he was told if they got the permit an extension would be considered. They are trying to get the permit; yesterday Planning and Zoning approved, but they are still waiting on Structural and Engineering. They are asking for an extension to complete the repairs. The client has been making efforts and they need more time. Officer Hart stated the major potholes have been fixed, but the smaller ones are still there. He spoke with Attorney Blevins prior and has no problem allowing more time if needed. Ms. Zalman asked if Officer Hart meant holding on the fine accrual. Officer Hart replied yes. Attorney Blevins has a letter from the contractor. He noted a lot of this is based on permitting and once that is done, he thinks it will take three to four weeks; the work has to be done in stages. Ms. Zalman questioned if Attorney Blevins was asking for a new compliance date, so there would not be 33 days of accrual. Attorney Blevins replied that is correct. They would ask that there be no fine because they moved for an extension before expiration of the Order, and they were unable to be placed on the last agenda. Ms. Zalman asked if Ms. Stone was agreeable to an extension of the compliance date or restarting the accrual to a future date. Candice Stone, Community Standards Director, indicated that she and Officer Hart discussed this, and she is fine with an extension; she was not sure how many days were needed. Attorney Blevins stated he originally asked for February 18, 2023, but he would like until the end of February because they are still waiting on approval. Ms. Zalman asked Officer Hart when the original compliance date expired. Officer Hart replied the original compliance date was November 18, 2022. Page 8 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Zalman clarified the request is to revise November 18, 2022 to February 18, 2023. Attorney Blevins replied yes. Ms. Zalman asked if there was an objection from the City. Officer Hart stated he did not have an objection. Ms. Zalman indicated this would be a second case Hearing whereby they are doing an Amended Order, amending the date of November 18, 2022 to February 18, 2023. If it goes past that date, the fine will be $50 per day. She noted that $384.12 in administrative fees have already accrued, which have been paid. An Amended Order will be sent via mail. Decision Due to evidence and testimony, Ms. Zalman ordered an Amended Order from November 18, 2022 to February 18, 2023. If it goes past that date, there will be a fine of$50 per day. Administrative fees of$384.12 have already been paid. Lien Reduction Hearing Case No. 02-3070 Adams Larry B Property Address: 1990 NE 2nd Lane Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was December 6, 2002. The Special Magistrate Hearing was February 19, 2003, and no one appeared. A compliance date was set for March 21, 2003, or a fine of $25 per day. The Respondent complied on November 14, 2022. There are 7,178 days of noncompliance at $25 per day. The total fine is $179,450 plus administrative fees. Larry Adams, Jr., son, was present. Ms. Zalman requested Mr. Adams tell her about the property and why he thinks he should have a lien reduction. She asked if this property is Homesteaded or if it is a tenancy or business. Mr. Adams, Jr. advised that his father passed away in 2010, at which time his mother acquired the home and became the owner. When his mother acquired the home, she did renovations for the tenants including a new roof, sod, etc. She did not have any knowledge of liens or fines. They are asking for a lien reduction because she had no knowledge of this. Page 9 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Zalman asked if this is Mrs. Adams' primary home. Mr. Adams, Jr. stated this is a rental property. They are selling the property and it is currently under contract. The closing date was scheduled for last month, but they had to push it because of the lien. Ms. Zalman commented that the lien is almost the price of the home. She asked what they hoped to reduce the lien to. Mr. Adams replied as least as possible. Ms. Zalman indicated this was a business and investment property and when there is an investment property that is earning income, it is the responsibility of the owner to maintain and follow the City notices. She asked how much his mother spent to bring the property into compliance. Mr. Adams, Jr. estimated $10,000 on the roof, maybe another $5,000 on the sod and irrigation, and then the interior of the home; there is probably $40,000 inside the home. Ms. Zalman mentioned the recommendation from the City to reduce the fine to 10%, which is a reduction to $17,945. Mr. Adams, Jr. asked if the fine could be further reduced. His mother is a senior and cannot afford much; he noted 5% might work. Supervisor Pierre did not have anything to add. Ms. Zalman commented that the $17,945 does not include administrative fees and costs in the amount of $730.15. If she met Mr. Adams, Jr. in the middle, that would be 7%, which would be $12,561.50 plus fees of$730.15. Mr. Adams clarified he meant $5,000, not 5%. Mrs. Adams, mother/owner, indicated her name was never on the house and when she took over, she was not aware of the situation. Ms. Zalman questioned when the new sale date is scheduled. Mr. Adams, Jr. replied it is in January, so he would like to take care of this as soon as possible. Ms. Zalman stated these Orders come out in a couple weeks. Page 10 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Guim advised if they need the information sooner, they can call her, and she can provide a letter that says what happened at this Hearing and the amount. Normally, the title company will hold those funds. Ms. Zalman clarified the fine is $12,251.50 plus administrative fees in the amount of $730.15. Decision Based on testimony, Ms. Zalman reduced the fine to $12,251.50 plus administrative fees in the amount of$730.15. Lien Reduction Hearing Case No. 17-2059 Boynton Partners LLC Property Address: 600 SW 1St Street Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date is October 18, 2017. The Special Magistrate Hearing was January 17, 2018, and no one appeared. A compliance date was set for January 31, 2018, or a fine of$250 per day. The Respondent complied on April 19, 2018. There are 69 days of noncompliance at $250 per day. The total fine is $17,250 plus administrative fees. Ms. Zalman commented that she has sat any many of these Hearings and Mr. Todero has never appeared. She thinks these are investment properties. The City has spent a lot of time and money on this case, but there has been no response or appearance. The concern is that there were tenants and there was no Certificate of Use or Occupancy applied for, which potentially means problems in the unit. Manuel Todero, Property Manager, was present. Mr. Todero advised that David Thaleter is the owner, who authorized him to attend this Hearing. He has been working with the property for a year and a half and has been trying to stay compliant with everything that has come up. As of this date, everything is in compliance. Ms. Zalman asked if there are tenants at the property. Mr. Todero replied there are new tenants at the property. Ms. Zalman stated the recommendation is 15%, which is $2,587.50 plus administrative fees, which are $730.15. She noted if Mr. Todero comes to future Hearings, he must sign an authorization agent form where the owner is permitting him to attend the Hearings. Page 11 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Decision Based on testimony, Ms. Zalman reduced the fine to $2,587.50 plus administrative fees in the amount of $730.15, payable within 90 days, or the fine will revert to the original amount. Lien Reduction Hearing NOTE: Items #34, #35, #36, #37, and #39 are the same addresses. Item #38 is the same owner, but a different address. These items were heard in tandem. Case No. 17-2547 215 South Seacrest LLC Property Address: 107 SW 2nd Avenue Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was December 15, 2017. The Special Magistrate Hearing was May 18, 2018, or a fine of$100 per day. The Respondent complied on February 9, 2022. There are 1,254 days of noncompliance. The total fine is $135,400 plus administrative fees. Ms. Zalman indicated that she received the timelines and emails in advance, and she has reviewed them. She mentioned the City has already included a recommendation of 15% for each of the liens. Nancy Coleman, Attorney, and Richard Berg, Principal for 215 South Seacrest LLC, were present. Attorney Coleman stated the information regarding soffit repairs was not included in the timeline because it predated when she got involved in the matter, but since the time she submitted the timeline, she obtained supplemental information that might be helpful. Mr. Berg is a heart transplant recipient. He started having issues in October 2017 and has had numerous air ambulance transports. He received a heart transplant at the Cleveland Clinic in November 2019 and was completely out of commission until January 2020. This is not a situation where the owner of the property is ignoring things. There are two things; the critical illness, and the addresses on file other than the property address, which Mr. Berg does not reside at, were not correct. There was an old home address for Mr. Berg on Hamilton Way and an office address, which was a previous building he owned, that was sold. That repair was for a soffit and fascia, and when he happened to drive by the building, he saw it. He had one of his maintenance men fix it and there an inspection was conducted by his insurance company in January 2019. He did not know he had been cited or that he had to call the City to reinspect because he did not know there was an issue. In January 2019, for insurance purposes, they came and inspected the property, and they have a letter, which was not included in the submission, from the insurance company where they made two recommendations for repairs, none of which had to do with the soffit Page 12 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 because they were already repaired. It was fixing missing glass inserts and a pothole in a parking lot. Based on the timeline, it shows there was compliance well in advance. They say it was February 2022, probably because at that point her office was involved because they had a pending contract, so that is probably when they went to reinspect, but the repairs were done in January 2019. She submitted the letter for review. Ms. Zalman questioned when the heart transplant was. Attorney Coleman replied November 6, 2019. Ms. Zalman mentioned a damages spreadsheet in the back of the documentation of $38,355. Attorney Coleman stated that was for the paving unrelated to this violation. Information on this violation was not included in the information provided. Ms. Zalman commented that is case#34, which is the largest fine of$135,400, and it was during this time when Mr. Berg was suffering the medical issues. Attorney Coleman stated the violations were completed prior to February 2022. Ms. Zalman questioned if this was a tenancy and tenants were there. Attorney Coleman replied correct. Ms. Zalman stated the problem is that the business continued to run and earn income and tenants continued to live there without having fulltime attention, not at Mr. Berg's fault, which she will take into consideration. If someone else is privy to the home and they have no other option, it is the owner's responsibility or it goes to another member of a Board or a Property Manager; there must be a foundation. Attorney Coleman indicated they are a little off on the timeline as to when repairs were completed. They only learned this was an issue when her office got involved because it was an upcoming closing and when they did the lien search, they were shocked about the lien. Ms. Zalman commented that two addresses were mentioned and that they were not receiving the mail. She asked if those were the addresses listed on the Property Appraiser sheet in public records. Mr. Berg advised he did not know how they got those addresses. Ms. Zalman stated the City usually uses an address provided directly from the owner or it has to be pulled from public records. As long as they are sending mail listed on the Page 13 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 public records site there is nothing else they can do. She understands they were not getting the mail, but at the same time, the City was doing their job in sending it. Supervisor Pierre indicated that the property owner never attended any of the meetings. The landlord is collecting money and the property and City have been ignored for a long time. The City only uses PAPA, so that is the information they have on file for mailing. He noted that no one has ever showed up for a lien reduction. Ms. Zalman commented it is a problem because a business was opened in the City of Boynton Beach, but then it is somewhat ignored whether it is by fault intentionally or not. Attorney Coleman advised it was not intentional. Mr. Berg is quite responsible. Ms. Zalman mentioned if there was a tenant issue or anything else there was not going to be any response. She does not think it is a penalty to the City that they have to incur something they were not able to address. Attorney Coleman stated that according to information they received, the fine started on May 27, 2018, and by January 2019, they were completed. They did not call for reinspection for the reasons she said. Ms. Zalman thinks there is consistency in addressing and following up once Attorney Coleman was on board in trying to resolve these cases. Attorney Coleman stated there was also COVID in the middle of this and response times lagged. On each of the other cases, other than what has already been submitted, they came across Items #35 and #36, which had multiple emails from the contractor and one email from the City that sat for six months and the response said it was lost in his spam folder. Ms. Zalman reiterated that the City recommended 15% for each of the cases. Attorney Coleman requested a total for all the cases. Ms. Zalman read each fine into the record, which does not include administrative fees and costs, which range from $634.12 to $730.15, as follows: • Item #34 is $20,310 • Item #35 is $2,658.75 • Item #36 is $2,658.75 • Item #37 is $135 • Item #39 is $3,075 Page 14 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Attorney Coleman mentioned Item #38, which has not been addressed because it has a different address. She noted they are contiguous properties and Items #38 and #39 are the same violation for paving; it is one parking lot. Ms. Zalman stated she would take that into consideration when they do Item #38. Ms. Zalman advised the total is $28,337.50 not including administrative fees and costs. She asked the City if they are seeking fees and costs for each case. Supervisor Pierre replied yes. Ms. Zalman indicated the fees and costs are as follows: • Item #34 is $634.12 • Item #35 is $384.12 • Item #36 is $384.12 • Item #37 is $384.12 • Item #39 is $384.12 The City recommendation is $28,337.50 for the fines and $2,170.60 for administrative costs and fees. Attorney Coleman indicated Mr. Berg is willing to pay$20,000 all-inclusive for all the items previously mentioned excluding Item #38. Since Item #38 is one parking lot, they asked that it be subsumed within. They would also ask if there was a way to expedite this, so they can proceed to closing. Ms. Zalman advised they can provide the above information to the title company, so they can close immediately. Candice Stone, Community Standards Director, stated they are looking to see if the parcels were the same. Supervisor Pierre indicated they are different. Ms. Stone indicated different parcel numbers means there are two different property violations even though the parking lot connects. They can still take into consideration a lower amount. Ms. Zalman mentioned that the owner has put an offer on the table for $20,000 all inclusive for Items #34, #357 #367 #27, and #39. Supervisor Pierre accepted the $20,000 offer, plus fees and costs. Page 15 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Zalman clarified the City has come back with $20,000 all-inclusive plus $2,170.60 administrative fees and costs. Mr. Berg stated that was acceptable. Decision Based on testimony, Ms. Zalman reduced the fine to $20,000 plus administrative fees in the amount of$2,170.60 for Items #34, #35, #36, #37, and #39. Lien Reduction Hearing Case No. 19-0150 215 South Seacrest LLC Property Address: 107 SW 2nd Avenue Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was January 24, 2019. The Special Magistrate Hearing was January 15, 2020, and no one appeared. The compliance date was set for March 1, 2020, or a fine of $25 per day. The Respondent complied on February 9, 2022. There are 709 days of noncompliance at $25 per day. The total fine is $17,725 plus administrative fees. Nancy Coleman, Attorney, and Richard Berg, were present. Decision Based on testimony, Ms. Zalman reduced the fine to $20,000 plus administrative fees in the amount of$2,170.60 for Items #34, #35, #36, #37, and #39. Lien Reduction Hearing Case No. 19-1211 215 South Seacrest LLC Property Address: 107 SW 2nd Avenue Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was June 7, 2019. The Special Magistrate Hearing date was January 5, 2020, and no one appeared. The compliance date was scheduled for March 1, 2020, or a fine of $25 per day. The Respondent complied on February 9, 2022. There are 709 days of noncompliance at $25 per day. The total fine is $17,725 plus administrative fees. Nancy Coleman, Attorney, and Richard Berg, were present. Page 16 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Decision Based on testimony, Ms. Zalman reduced the fine to $20,000 plus administrative fees in the amount of$2,170.60 for Items #34, #35, #36, #37, and #39. Lien Reduction Hearing Case No. 20-1534 215 South Seacrest LLC Property Address: 107 SW 2nd Avenue Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was July 1, 2021. The Special Magistrate Hearing was September 16, 2020, and no one appeared. The compliance date was scheduled for October 31, 2020, or a fine of $50 per day. The Respondent complied on November 18, 2020. There are 18 days of noncompliance. The total fine is $900 plus administrative fees. Nancy Coleman, Attorney, and Richard Berg, were present. Decision Based on testimony, Ms. Zalman reduced the fine to $20,000 plus administrative fees in the amount of$2,170.60 for Items #34, #35, #36, #37, and #39. Lien Reduction Hearing Case No. 21-0533 215 South Seacrest LLC Property Address: 215 South Seacrest Boulevard Property Violation(s): As stated above. Supervisor Pierre presented this case. The Notice of Violation date was February 26, 2021. The Special Magistrate Hearing was September 15, 2021, and no one appeared. The compliance date was scheduled for October 15, 2021, or $50 per day. The Respondent complied on November 30, 2022. There are 410 days of noncompliance. The total fine is $20,500 plus administrative fees. Nancy Coleman, Attorney, and Richard Berg, were present. Attorney Coleman stated this is the exact same issue as Item #39, and it is part of the timeline provided. They asked that this be forgiven or be a nominal amount and the monies that were spent is what was provided. Page 17 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Ms. Zalman advised that she does not have receipts but stated that $38,355 has been spent on bringing this into compliance for the issue of landscaping and the details will be provided for the file. Attorney Coleman indicated they were told that two or three items had to be done. Sod was first, so they sodded the entire property and a few days later they were told they had to put a berm in, so all the sod had to be removed. Part of the sodding was on the swale, which was part of the City's property, so that cost went in the garbage. There were several inspections after they thought everything was completed, and then were told the berm was noncompliant. Several emails were sent to get clarification and finally she spoke with someone last week and they came back out and said they would waive the berm requirement. Supervisor Pierre commented that before a suggestion is made the City needs to get their money back from the inspection and costs, which is $384.12. Ms. Zalman stated the fine is $20,500 and something nominal was requested. Her suggestion is $500 plus fees and costs of$384.12, which she thinks is reasonable. Attorney Coleman asked if they could just do costs since they are paying the same as they paid in Item #39, and it is one parking lot. Supervisor Pierre was not all right collecting just the fees and costs. Decision Based on testimony, Ms. Zalman reduced the fine to $500 plus administrative fees in the amount of$384.12. Lien Reduction Hearing Case No.: 21-0534 215 Seacrest LLC Property Address: 107 SW 2nd Avenue Property Violation(s): As stated below. Supervisor Pierre presented this case. The Notice of Violation date was February 26, 2021. The Special Magistrate Hearing was September 15, 2021, and no one appeared. A compliance date was scheduled for October 15, 2021, or a fine of $50 per day. The Respondent complied on November 30, 2022. There are 410 days of noncompliance at $50 per day. The total fine is $20,500 plus administrative fees. Nancy Coleman, Attorney, and Richard Berg, were present. Page 18 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida December 21, 2022 Decision Based on testimony, Ms. Zalman reduced the fine to $20,000 plus administrative fees in the amount of$2,170.60 for Items #34, #35, #36, #37, and #39. NON-AGENDA Fine Certification Hearing Case No.: 20-3276 Property Address: 227 SW 2nd Avenue No one was present. NOTE: All unheard cases were postponed to the January 2023 Hearing. V. ADJOURNMENT Ms. Zalman concluded the hearing at 10:28 a.m. [Minutes by C. Guifarro, Prototype Inc.] Page 19