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Minutes 01-15-2025 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, JANUARY 15, 2025, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Candice Stone, Community Standards Director Isis Sablon, Community Standards Associate Miranda Mohorn, Community Standards Specialist Osiris Castillo, Community Standards Specialist Emily C Vasquez, Community Standards Specialist Luney Guillaume, Community Standards Specialist Patrick Hart, Community Standards Supervisor Tanya Guim, Community Standards Administrative Supervisor I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:13 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 WITNESS Community Standards Associate, Isis Sablon, administered an oath to all those intending to testify. III. CHANGES TO AGENDA Item Case No. Status 1 24- 758 Removed 8 24-798 Removed IV. NEW BUSINESS Case Hearing Case No. 24-758 FOUSTIN MADELINE & ROMAIN NOLTE Property Address: 131 SW 1ST AVE Decision The case was removed prior to the hearing. Case Hearing Case No. 24-1480 FRANCIS-GANTHIER MARY JO & GANTHIER JAMES Property Address: 403 SW 6TH AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 (B) 2 Officer Emily Vasquez presented this case, which was a routine inspection. The initial inspection date was June 10, 2024. This is not a repeat violator. The initial notice was issued June 12, 2024, via written notice, with 30 days to comply. Notice was sent certified mail on October 31 , 2024. Signed green card dated November 16, 2024. Made contact with the owner on June 11, 2024, and October 31, 2024, and they stated they will not remove the post. The property was last inspected January 8, 2025. This is not a health and safety hazard. The City recommends compliance by January 29, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. Ganthier, respondent, was present. Ms. Zalman reviewed the violations and explained she can't change the code and said that the respondent should work with the City on how to correct the issue. She asked the respondent if he would like to request an extension until he is able to meet with the City. Mr. Ganthier explained he has already spoke to the City to add a curve in the area and that he does not need the extension. Ms. Zalman ordered a compliance date of February 29, 2025. The City had no objection to the extension request. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 29, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-2053 BEYER LESTER C JR Property Address: 431 SW 3RD AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH 15 SEC 15-120 (D) 1 E CO CH 15 SEC 15-120 (D) 1 A Officer Emily Vasquez presented this case, which was a routine inspection. The initial inspection date was August 6, 2024. This is not a repeat violator. The initial notice was issued August 6, 2024, via door hanger, with 30 days to comply. Notice was sent certified mail on November 8, 2024. Notice was posted on property on December 4, 2024. Made contact with the owner on October 10, 2024, who stated he was waiting for his lawn guy. The property was last inspected January 8, 2025. This is not a health and safety hazard. The City recommends compliance by February 3, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Ms. Zalman agreed to the recommendation. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 3, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-3370 JASPER GARRY Property Address: 655 SOUTH ROAD DOCK Type of Property: SINGLE FAMILY/NON-HOMESTEAD Property Violation(s): CO CH 13 SEC 13-16 BTR CO CH 13 SEC 13-7 COU CO CH 10 SEC 10-52 Officer Emily Vasquez presented this case, which was a routine inspection. The initial inspection date was December 23, 2024. This is not a repeat violator. The initial notice was issued December 23, 2024, via written notice, with 5 days to comply. Notice was sent certified mail on December 23, 2024. Notice was posted on property and at City Hall on December 23, 2024. The property was last inspected January 8, 2025. This is not a health and safety hazard. The City recommends compliance by January 24, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. The respondent, Garry Jasper was present with daughter Dr. Nicole Jasper. Ms. Zalman reviewed the violations and asked for clarification. She questioned the respondents on how the process was coming along. Nicole Jasper stated that a case had been opened in September of 2024 by Emily and that they had been in contact about the Business Tax Receipts and to clean the dock. She said that they had a problem with the Building Department because it was unclear if a Business Tax Receipts could be provided. She stated her dad, Garry Jasper, does not run a business from the dock and that the business is located in Sunrise, Florida. Officer Vasquez said there is evidence showing the respondent is running his business from the dock. Ms. Zalman asked respondents how the process is coming along for a Business Tax Receipt of renting out the slip. Ms. Jasper stated that there was an issue with the Building Department and not knowing how to zone the slip. Testimony was heard by Saleica Brown, Development Services Division Director and Michael Griffin, Development Services Supervisor. Griffin said that it was decided that the slip is property of the residence, and it does fall under the City's jurisdiction. He said the issue they are still having is the unregistered vessel. Brown said they did have concerns with the registration of the vessel because a different registration was provided to the Police Department and there were concerns of how the human waste was being disposed of from the boat. She said they wanted to address those issues before issuing a Business Tax Receipt for the slip. Nicole stated that she has a registration that she verified with the DMV and submitted it to the officer in charge. She said she put in a Business Tax Receipt on September 18, 2024, and it was denied. She said a case was performed by the Coast Guard and Florida Water Conservation regarding the waste and both were closed. Officer Hederian, with the Boynton Beach Marine unit testified he had been in contact with Dr. Nicole Jasper. He said they had a phone call, but he never saw the actual proof of the registration. He said law enforcement involvement was to investigate the possibility of the spilling of waste or pollution and that there has been no evidence of either at this point. He said he inspected the vessel on December 23, 2024, and that he issued a citation for it being unregistered and he had intended to revisit within 30 days to follow up. Michael Griffin said once they receive proof of the registration they can move forward. Ms. Zalman asked if the City would like to table the case for 30 days. Nicole Jasper asked if they could be given 45 days in case they have an issue with the registration. Community Standards Director, Candice Stone, said they will not table the case but can allow more time for the Business Tax Receipt, but they cannot waiver on the boat registration. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of January 24, 2025, to register the boat or have it removed, 45 days to get the needed Business Tax Receipts, plus administrative fees in the amount of $384.12. If owner does not comply, there will be a fine of $75.00 per day. Case Hearing Case No. 24-1832 FIRST FINANCIAL PLAZA CONDO Property Address: 639 E OCEAN AVE Type of Property: COMMERICAL Property Violation(s): BBA FBC 08 ED. 110.11 Officer Luney Guillaume presented this case, which was a citizen complaint. The initial inspection date was July 16, 2024. This is not a repeat violator. The initial notice was issued March 14, 2024, via written notice, with 10 days to comply. Proof of service signed green card was dated August 26, 2024. No attempts have been made to comply with violations. This is a health and safety hazard. The City recommends compliance by February 18, 2025, or a fine of $500 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Ms. Zalman agreed to the recommendation. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 18, 2025, or a fine of $500 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-1834 SNUG HARBOR GARDENS CON INC Property Address: 655 SNUG HARBOR DR SFHA Type of Property: COMMERICAL Property Violation(s): BBA FBC 08 ED. 110.11 .12 Officer Luney Guillaume presented this case, which was a routine inspection. The initial inspection date was July 6, 2024. This is not a repeat violator. The initial notice was issued August 19, 2024, via courtesy notice, with 10 days to comply. Proof of service with signed green card dated August 26, 2024. No attempts have been made to comply with violations. The City recommends compliance by February 18, 2025, or a fine of $500.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Ms. Zalman inquired about the address. Officer Luney explained that the building address is 655 Snug Harbor Drive, but this notice pertains to 646 Snug Harbor Drive which is located within the building. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 18, 2025, or a fine of $500.00 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-181 AGUIRRE GERZAIN V & AVILES MARLENI R Property Address: 2321 NE 4TH ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 15 SEC 15 120 D 1 A CO CH 15 SEC 15-120 D 1 D Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was January 25, 2024. This is not a repeat violator. The initial notice was issued January 25, 2024, via door hanger, with 30 days to comply. Proof of service with signed green card dated November 21, 2024. No attempts have been made to comply with violations. The property was last inspected January 8, 2025. This is not a health and safety hazard. The City recommends compliance by February 18, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. Aguirre, respondent, was present. Ms. Zalman reviewed the violations. Respondent stated that he has the permit for the paver and has removed the storage from the car porch. Case was tabled to allow code officer to verify permit application. Ms. Mohorn confirmed that the permits were approved for the driveway installation. Decision Due to evidence and testimony, Ms. Zalman ordered that the case be removed from the calendar for 60 days. Case Hearing Case No. 24-798 YSHAY YANIV BEN Property Address: 3355 OCEAN PKWY Decision The case was removed prior to the hearing Case Hearing Case No. 24-1424 DEMAKES IRREVOCABLE BUSSINESS T Property Address: 714 PRESIDENTIAL DRIVE Type of Property: SINGLE FAMILY/NON-HOMSTEAD Property Violation(s): LDR CH2 ART IV SEC. 2 A 2 Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was June 4, 2024. This is not a repeat violator. The initial notice was issued June 6, 2024, via written notice, with 30 days to comply. Proof of service with signed green card dated December 2, 2024. Owner stated issues with the contractor. The property was last inspected January 10, 2025. This is not a health and safety hazard. The City recommends compliance by February 18, 2025, or a fine of $100 per day, plus administrative fees in the amount of$384.12. Ms. Zalman reviewed the violations. The respondent was not present, however, officer Mohorn stated that they called and left a message stating that they spoke with the Building Department it was suggested that they find a new contractor. Ms. Zalman agreed to the recommendation. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 18, 2025, or a fine of$100 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-1950 REGENCY CENTERS INC Property Address: 4740 N CONGRESS AVE Type of Property: COMMERICAL Property Violation(s): CO CH 15 SEC 15-120 (A) CO CH 15 SEC 15 — 120 (B) 1 LDR CH4 ARTII SEC. 4 A 13 Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was August 1, 2024. This is not a repeat violator. The initial notice was issued August 1, 2024, via courtesy notice, with 30 days to comply. Proof of service signed green card on November 25, 2024. No attempts have been made to comply with violations. The property was last inspected January 8, 2025. This is not a health and safety hazard. The City recommends compliance by February 3, 2025, or a fine of $100 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Ms. Zalman questioned if the City was going to ask for an abatement order and provide the landscaping. Candice Stone agreed to the abatement order and stated the City will perform sidewalk repairs but must know what to do with trees if respondent does not comply. Ms. Zalman agreed to the recommendation. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 3, 2025, or a fine of $100 per day, plus administrative fees in the amount of $384.12. After February 3, 2025, the City has the right to abate. Case Hearing Case No. 24-1688 BETHESDA HOSPITAL INC Property Address: 2815 S SEACREST BLVD Type of Property: COMMERICAL Property Violation(s): BBA FAC 08 ED 110.11 Officer Osiris Castillo presented this case, which was a routine inspection. The initial inspection date was June 26, 2024. This is not a repeat violator. The initial notice was issued July 3, 2024, via written notice, with 30 days to comply. Proof of service signed green card on August 28, 2024. The property was last inspected January 13, 2025. This is a health and safety hazard. The City recommends compliance by February 18, 2025, or a fine of $500 per day, plus administrative fees in the amount of $384.12. The respondent was not present. John Kutzman, Building Director, provided testimony. He stated that the building recertification is a life safety and that is why the fines are recommended at $500.00 and that his only other option would be to evacuate the building. He said that the deadline to submit the information was set for December 31, 2024, and that the code of ordinance allows the first extension to be for 60 days with no fee. He said that no one from the property has been in contact with him. Code officer Castillo said that she has been in contact with Bethesda Hospital, and they told her they are working with engineers and architects to come up with a plan, but she was not aware that they had not contacted the Building Department. Ms. Zalman agreed to the recommendation. Decision Due to evidence and testimony, Ms. Zalman ordered a compliance date of February 18, 2025, or a fine of $500 per day, plus administrative fees in the amount of $384.12. Fine Certification Case No. 24-176 DONASTOR MURAT & DONASTOR MICKENSON Property Address: 3254 OCEAN PKWY Property Violation(s): CO CH 15 SEC 15-120 D 1 A CO CH 15 SEC 15-120 D 1 B CO CH 15 SEC 15-120 D1 D CO CH10 SEC 10-56 D LDRCH2ARTIVSEC2A2 Officer Miranda Mohorn presented this case. The Special Magistrate Hearing date was September 18, 2024, and respondent did appear. A compliance date was set for November 21, 2024, or a fine of $100 per day plus administrative fees in the amount of $384.12. Notice was posted at the property and at City Hall on January 3, 2025. The property was last inspected on January 8, 2025, and the violations still exist. There are 55 days of non-compliance, and the fine continues to accrue at $100 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Ms. Zalman agrees to certify the fine. Decision Due to evidence and testimony, Ms. Zalman certified the fine, plus administrative fee in the amount of $384.12. Lien Reduction Hearing Case No. 16-1432 DEUTSCHE BANK NATIONAL TRUST Property Address: 525 NE 2ND STREET Property Violation(s): CO CH 15 SEC 15-120 D 1 Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on September 12, 2016. The original Magistrate hearing date was November 16, 2016, and respondent appeared. Service by certified mail on October 26, 2016. The fine certification hearing was on January 18, 2017, and respondent appeared. The compliance date was December 13, 2016, and the fine proposed by the Magistrate was $200 per day, plus $634.12 in administrative fees. The property was last inspected and complied on August 18, 2017. There have been 247 days of non- compliance at $200/day for a total amount of $49,400.00, plus the $634.12, fees for a total of $50,034.12. Officer Hart stated the City is recommending a reduction to $10,006.85 plus administrative fees. The respondent, Duckens Aristilde was present. Ms. Zalman asked if the property was homesteaded or a rental. Mr. Aristide responded it will be a rental property, and he does not occupy the residence. Mr. Aristide stated that he acquired the property in March of 2017. He said he met with the City to bring the property up to code and at that time the lien amount was $17,000. He stated he ran into problems with squatters when he began the reservations on the property and then he decided to stop. He said he has put more than $290,000.00 into the property. He further explained the types of hardship he has had to face. Ms. Zalman asked Mr. Aristilde if he had a counteroffer. Mr. Aristilde asked that he only pay the administrative fees. Ms. Zalman explained that she cannot allow him to only pay the administrative fees for an investment property. She asked Mr. Aristide to make a different offer that she can consider. Mr. Aristide referenced a case he had in 2017 and said the Magistrate allowed him to only pay the administrative fees on that case. He explained further the hardships he has faced with the property. Patrick Hart mentioned that the property was in bad condition and that he does remember some of the hardships the owner faced. Ms. Zalman said that she recommends $3,200.00 total with fees and cost and asked Mr. Aristide can he make payment in 90 days. Mr. Aristide expressed that he cannot afford to pay $3,200.00. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $1,700.00 for Case No. 16-1432, payable within 90 days or fine will revert to the original amount. The hearing was concluded at 10:30 a.m. (Minutes by K. Delorme, Administrative Coordinator I)