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Minutes 11-20-24 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 20, 2024, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Candice Stone, Community Standards Director Patrick Hart, Community Standards Supervisor Bobby "JD" Jayprashad, Community Standards Supervisor Brandon Chevalier Bien-Aimee, Community Standards Specialist Emmanuel Rivera, Community Standards, Specialist Calim Estime, Community Standards Specialist Luney Guillaume, Community Standards Specialist Miranda Mohorn, Community Standards Specialist Emily C Vasquez, Community Standards Specialist Tanya Guim, Administrative Supervisor Isis Sablon, Community Standards Associate I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:05 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 3 24-2912 Removed 8 24-2309 Removed IV. NEW BUSINESS Case Hearing Case No. 23-0732 VILLAGE ROYALE CONDO ASSOC. INC. Property Address: 2161 NE 1ST CT Type of Property: MULTI FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 10 SEC 10-56D 1 LDR CH 2 ART 4 SEC 2A2 CO CH 10 SEC 10-56B CO CH 10 SEC 10-56D Officer Chevalier Bien-Aime presented this case, which was citizen's complaint. The initial inspection date was March 1, 2023. This is not a repeat violator. The initial notice was issued on March 13, 2023, via written notice, with 30 days to comply. Notice was sent by certified mail on September 12, 2024, and the green card was signed on September 23, 2024. Multiple attempt sand meetings have been had with HOA and property management to rectify violations. Multiple extensions have been granted and permits have not been obtained. The property was last inspected November 18, 2024 and the violations still exist. The City recommends compliance by December 24, 2024, or a fine of $100 per day, plus administrative fees in the amount of $384.12. Mr. Michael Steiner, attorney for the association, provided a signed retainer agreement and an engineer's letter. He requested a 180-day extension. Officer Chevalier Bien-Aime stated that 180 days was unreasonable because no permits have been submitted. Ms. Zalman recommended a 60-day extension. Officer Chevalier Bien-Aime agreed. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension and ordered a compliance date of January 24, 2024, or a fine of $100 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-1841 ALEXIS DARIEL AND JOSUE Property Address: 2122 E RIDGE CIR E Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1A Officer Brandon Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was July 18, 2024. This is not a repeat violator. The initial notice was issued on May 10, 2024, via written notice, with 21 days to comply. Notice was sent by certified mail on September 27, 2024, and the green card was signed on October 22, 2024. There have been no attempts to contact the department regarding compliance. The property was last inspected on November 18, 2024, and the violation still exist. This is not a health and safety hazard. The City recommends compliance by December 9, 2024, or a fine of$75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Decision 2 Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 9, 2024, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-2912 MICHEL CHARLES MARIE KEDAR Property Address: 505 NE 16TH AVE The case was removed prior to the hearing. Case Hearing Case No. 24-0345 COPELAND JENNIFER Property Address: 131 EXECUTIVE CIR Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 Officer Estime presented this case, which was a citizen's complaint. The initial inspection date was February 12, 2024. This is not a repeat violator. The initial notice was issued on April 11, 2024, via written notice, with 60 days to comply. Notice was sent by certified mail on October 3, 2024, and the green card was signed on October 28, 2024. The property was posted on November 15, 2024 and the violation still exists. This is not a health and safety hazard. The City recommends compliance by March 3, 2025, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Mr. Roderick Daley, respondent, was present. He said the contractors were delayed. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of March 3, 2025, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-0934 TRUE NORTH PROPERTY OWNER B LLC Property Address: 815 W BOYNTON BEACH BLVD UNIT 8203 Type of Property: MULTI FAMILY/HOMESTEADED Property Violation(s): LDR CH 2 ART 4 SEC 2A2 CO CH 13 SEC 13-16 CO CH 13 SEC 13-7 Officer Estime presented this case, which was a routine inspection The initial inspection date was April 9, 2024. This is not a repeat violator. The initial notice was issued on April 11, 2024, via written notice, with 30 days to comply. Signed green card on October 28, 2024. The property was posted on November 18, 2024 and the violations still exists. This 3 is not a health and safety hazard. The City recommends compliance by January 23, 2025, or a fine of $100 per day, plus administrative fees in the amount of$384.12. The respondent was not present. At 10:15 AM, Ms. Zalman asked for clarity about the compliance date. Officer Estime noted the compliance date was determined because the water heater was applied for and it being reviewed. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of January 23, 2025, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-2960 DG PELICAN POINT LLC Property Address: 403 SW 1ST CT Type of Property: MULTI FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 10 SEC 10-56C Officer Vasquez presented this case, which was a city department referral. The initial inspection date was October 30, 2024. This is not a repeat violator. The initial notice was issued on October 31, 2024, via written notice, with 7 days to comply. Notice was sent certificated mail on October 31, 2024. Notice was posted on property and at City Hall on November 7, 2024. The case was previously recited under a different owner and no attempts were made to contact the department. This is a health and safety hazard. The City recommends compliance by November 29, 2024, or a fine of $150 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of November 29, 2024, or a fine of$150 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-1685 DORISCA JEAN C Property Address: 11 NW 3RD AVENUE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 A CO CH 10 SEC 10-56A CO CH 10 SEC 10-56D 4 Officer Rivera presented this case, which was a routine inspection. The initial inspection date was June 28, 2024. This is not a repeat violator. The initial notice was issued on June 28, 2024, via courtesy notice, with 30 days to comply. Notice was sent by certified mail on September 20, 2024. The property was posted and at City Hall on November 1, 2024. There have been several conversations with the property owner's son who stated he would work on the violations. The property was last inspected on November 18, 2024, and the violations, except for the house numbers, still exist. This is not a health and safety hazard. The City recommends compliance by December 24, 2024, or a fine of $75 per day, plus administrative fees in the amount of$384.12. Mr. Brian Dorsica, on behalf of the owner, was present. He requested a 30-day extension. Officer Rivera agreed. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension and ordered a compliance date of January 24, 2025, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-2309 SULKOWSKI GARY Property Address: 1745 BANYAN CREEK CT The case was removed prior to the hearing. Case Hearing Case No. 24-1180 JENA PIERRE PETERLY & TASHINA NELSON Property Address: 2720 NW 2ND ST Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 D1 D CO CH 10 SEC 10-56D Officer Mohorn presented this case, which was a routine inspection. The initial inspection date was May 6, 2024. This is not a repeat violator. The initial notice was issued on May 6, 2024, via door hanger, with 30 days to comply. Notice was posted on property and at City Hall on October 30, 2024. The owner has made no attempts to contact the city. The property was last inspected on November 18, 2024, and the violation still exists. This is not a health and safety hazard. The City recommends compliance by December 24, 2024, or a fine of$75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Decision 5 Due to evidence and testimony, Ms. Zalman ordered a compliance date of December 24, 2024, or a fine of$75 per day, plus administrative fees in the amount of$384.12. Fine Certification Case No. 23-1947 COPELAND HENRIETTA D Property Address: 404 CIRCLE DR S Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was August 21, 2024, and the respondent did not appear. A compliance date was set for September 24, 2024, with a proposed fine of $75 per day, plus administrative fees. Property was posted and at City Hall on November 6, 2024. The property was last inspected on November 18, 2024, and the violation still exists. There are 57 days of non- compliance, and the fine continues to accrue at $75 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 24-0384 LUNA USA INVESTMENTS LLC Property Address: 1910 N SEACREST BLVD Officer Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was May 15, 2024, and the respondent did appear. A compliance date was set for September 20, 2024, with a proposed fine of $150 per day, plus administrative fees. Signed green card on October 16, 2024. The property was last inspected on November 18, 2024, and the violation still exists. There are 61 days of non-compliance, and the fine continues to accrue at $150 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of$384.12. Fine Certification 6 Case No. 24-0612 COMPOSITES CORP Property Address: 409 INDUSTRIAL AVE Officer Estime presented this case. The Special Magistrate Hearing date was August 21, 2024, and the respondent did not appear. A compliance date was set for September 24, 2024, with a proposed fine of$75 per day, plus administrative fees. Property was posted on October 29, 2024. The property was last inspected on November 18, 2024, and the violation still exists. There are 57 days of non-compliance, and the fine continues to accrue at $75 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 24-0379 GOMEZ JOHN Property Address: 205 NE 9TH AVE Officer Rivera presented this case. The Special Magistrate Hearing date was July 17, 2024, and the respondent did appear. A compliance date was set for September 21, 2024, with a proposed fine of$150 per day, plus administrative fees. Property was posted and at City Hall on October 15, 2024. The property was last inspected on November 18, 2024, and the violation still exists. There are 60 days of non-compliance, and the fine continues to accrue at $150 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus the administrative fee in the amount of $384.12. Fine Certification Case No. 23-2106 SMOLIK HAROLD J Property Address: 209 SE 2ND AVE Officer Guillaume presented this case. The Special Magistrate Hearing date was September 18, 2024, and the respondent did not appear. A compliance date was set for October 22, 2024, with a proposed fine of$75 per day, plus administrative fees. Property was posted and at City Hall on November 24, 2024. The property was last inspected on November 18, 2024, and the violation still exists. There are 34 days of non-compliance, and the fine continues to accrue at $75 per day, plus administrative fees in the amount of $384.12. Property owner has applied for an extension of time and paid the administration fees. The property owner requested the compliance date be moved to December 24, 2024. Mr. Harold Smolik, respondent, was present. He explained he was working on the driveway himself and said it will be cleared by the requested deadline. Ms. Zalman agreed to the extension. Decision Due to evidence and testimony, Ms. Zalman agreed to the extension request and certified the fine, plus the administrative fee in the amount of$384.12. Lien Reduction Hearing Case No. 23-0268 PEREZ JOSE 1031 2 LLC Property Address: 111 OCEAN PKWY Property Violation(s): CO CH 13 SEC 15-120 D1 D CO CH 15 SEC 15-120 D1A CO CH 13 SEC 13-7 CO CH 13 SEC 13-16 CO CH 10 SEC 10-56D Officer Jayprashad, Community Standards Supervisor, presented this case. The notice of violation occurred on January 27, 2023. The original Magistrate hearing date was May 15, 2024, and no one appeared. Service by certified mail on March 28, 2024. The fine certification hearing was on July 14, 2024, and no one appeared. Service by certified mail occurred on June 21, 2024. The compliance date was June 18, 2024, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The violation complied on September 23, 2024. The property was last inspected on October 1, 2024, and the violations had complied. There were days 77 of non-compliance at $75/day for a total amount of $5,775, plus $384.12 administrative fees, for a total of $6,159.12 Officer Jayprashad stated the City is recommending a reduction to $1,231.82 total. Mr. Nam Luong, property manager, was present. Mr. Luong stated the owner moved by neglected to update their mailing address. He explained that the grass died, and they were unaware because of the move. He asked for the fine to be reduced to 10% total. 8 Ms. Zalman stated it was an income property and part of the business is to update address when needed. Officer Jayprashad confirmed the City will remain at their recommended amount. Mr. Luong agreed. Decision Due to evidence and testimony, Ms. Zalman certified the fine of $1,231.82 total for Case No. 23-0268, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 09-3966 FRAZIER TERESA Property Address: 1641 NW 1ST CT Property Violation(s): CO CH 15 SEC 15 120 D INC CO CH 10 SEC 10-56A Officer Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on January 18, 2010. The original Magistrate hearing date was March 17, 2010, and respondent appeared. Service by posting occurred on February 24, 2010. The fine certification hearing was on July 21, 2010, and respondent appeared. Service by posting on June 23, 2010. The compliance date set by the Magistrate was March 27, 2010, and the fine proposed by the Magistrate was $250 per day, plus $384.12 administrative fees. The property was last inspected on December 29, 2017, and the violations had complied. There were 2,834 days of non-compliance at $250/day for a total amount of$708,500 plus $384.12 administrative fees, for a total of $709,134.12. Officer Hart stated the City is recommending a reduction to $15,822.10, plus $384.12 administrative fees. Mr. Jermaine Frazier, respondent, was present. He stated he received the house from his aunt and was unaware of the violations. He noted it was a quick claim deed. He submitted images to Ms. Zalman to show significant damage from a fire. Mr. Frazier explained how the house was completely remodeled. He stated he has invested approximately $165,000 into the house. Mr. Frazier asked for the fine to be reduced to $7,000. Officer Hart agreed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $7,000 total for Case No. 09-3966, payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing 9 Case No. 23-0932 50 FRIENDS FUNDS CAPITAL LLC Property Address: 424 SW 10TH AVE Property Violation(s): CO CH 13 SEC 13-7 INC CO CH 13 SEC 13-16 CO CH 15 SEC 15-120 D1A CO CH 15 SEC 15-120 D1 D Officer Hart was sworn in. Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on April 26, 2023. The original Magistrate hearing date was April 16, 2023, and no one appeared. Service by posting occurred on July 20, 2023. The fine certification hearing was on October 18, 2023, and no one appeared. Service by posting on October 5, 2023. The compliance date set by the Magistrate was September 19, 2023, and the fine proposed by the Magistrate was $75 per day, plus $384.12 administrative fees. The property was last inspected on September 12, 2024, and the violations had complied. There were 374 days of non-compliance at $75/day for a total amount of $28,050, plus $384.12 administrative fees, for a total of $28,434.12. Officer Hart stated the City is recommending a reduction to $5,686.82, plus $384.12 administrative fees. Mr. Bradford Anicette, respondent, was present. He confirmed there were currently tenants at the property. Mr. Anicette stated he was taking care of a sick friend and noted he spent $4,000 to bring the violations into compliance. Officer Hart confirmed the City will remain at their recommended amount. Mr. Anicette requested a reduction to 10% of the total amount. Ms. Zalman agreed to meet in the middle at $3,500. Mr. Anicette agreed. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $3,500 total for Case No. 23-0932, payable within 90 days or the fine will revert to the original amount. [Minutes by TBaclawski, Prototype-Inc.] 10