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Minutes 02-19-2025 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, FEBRUARY 19, 2025, AT 9 A.M. PRESENT: Hilary Zalman, Esquire, Community Standards Special Magistrate Tanya Guim, Community Standards Administrative Supervisor Isis Sablon, Community Standards Associate Brandon Chevalier Bien, Community Standards Specialist Emily C Vasquez, Community Standards Specialist Luney Guillaume, Community Standards Specialist Miranda Mohorn, Community Standards Specialist Osiris Castillo, Community Standards Specialist Emmanuel Rivera, Community Standards Specialist Lionel L Mesadieu, Community Standards Specialist Patrick Hart, Community Standards Supervisor I. CALL TO ORDER Hilary Zalman, Community Standards Special Magistrate, called the Hearings to order at 9:10 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 None IV. NEW BUSINESS Case Hearing Case No. 24-1084 CERAC JACQUELINE AND DECEMBRE BERMANIE Property Address: 110 NE 17th AVE Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): Officer Brandon Chevalier Bien-Aime presented this case, which was a routine inspection. The initial inspection date was April 24, 2024. This is not a repeat violator. The initial notice was issued April 25, 2024 via written notice, with 30 days to comply. Notice was sent certified mail on January 7, 2025. Date notice was posted at property and City Hall February 3, 2025. Extensions have been provided however some violations still remain. The property was last inspected February 14, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $75 per day, plus administrative fees in the amount of $384.12. Mr. Herode Decembre was present on behalf of his parents. As there was no written authorization from the owners for Mr. Decembre, Magistrate Zalman stated that she is entering a order for March 25, 2025, otherwise $75.00 a day. She informed Mr. Decembre that the driveway needs to be repaired, and the sod needed to be completely done. She also instructed that if Mr. Decembre's father needs to request an extension to apply before March 25th Decision Magistrate Zalman ordered a compliance date of March 25, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-1682 SEACREST VILLAS ASSN INC Property Address: 1812 NEW PALM WAY Type of Property: MULTI FAMILY Property Violation(s): BBA FBC 08 ED. 110.11 Officer Brandon Chevalier Bien-Aime presented this case, which was a City department referral. The initial inspection date was June 28, 2024. This is not a repeat violator. The initial notice was issued July 3, 2024 via written notice, with 10 days to comply. Notice was sent certified mail on January 7, 2025. Signed green card dated January 17, 2025. No attempts have been made to comply with violations. The property was last inspected February 14, 2025. This is a health and safety hazard. The City recommends compliance by March 5, 2025 or a fine of $500.00 per day, plus administrative fees in the amount of $384.12. Mr. Steve Lombritto was present on behalf of respondent. Magistrate Zalman explained to Mr. Lombritto that the City was seeking for the property owners to obtain recertification, and she inquired how the process was going. Mr. Lombritto advised that they are having difficulty in getting contractors to show up to the property. They have obtained a bid from an electrical contractor at the 11th hour however they were not able to submit all the parts that have been completed until the electrical was complete. Magistrate Zalman inquired if they have signed a contract. Anna Cristo, Property Manager for Seacrest Villas COA, stepped in to explain the situation as Mr. Lombritto was not as familiar. She answered that they do have signed a contract. The milestone inspection has been completed and there were no issues. Ms. Cristo continued to advise that they were required to do an electrical inspection in which they had an electrical engineer complete this inspection and there were two issues found. Due to these issues, they were required to do a thermography testing that was completed 2 weeks ago. They just yesterday received the final reports and they obtained two estimates to do the work. The Board will be moving forward with the work but now its just a matter of scheduling. Ms. Cristo requested an extension. Magistrate Zalman indicated that usually for health and safety hazards she does not grant extensions. However, she acknowledged the testimony that they are working to comply and that with associations it takes extra time as it is not a individual decision. The City presented Svon Remy, Development Systems Analyst with the Building Department, as a witness for this case. Mr. Remy explained the recertification process Seacrest Villas would need to follow with his department. He stated at this time this process has not been followed nor has their been any communication on the respondent's part. Ms. Cristo explained that their engineer was having a problem with submitting information on the portal. She attempted to email the information however was advised that it was not acceptable this way and everything had to be submitted via the portal. Magistrate Zalman explained as there is no evidence that anything has been started, she will enter the Order with a compliance date of March 5, 2025. Once the application is in process, they can proceed with a written request for extension. Decision Magistrate Zalman ordered a compliance date of March 5, 2025, or a fine of$500.00 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-0758 FOUSTIN MADELINE & ROMAIN NOLTE Property Address: 131 SW 1ST AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH13 SEC 13-7 INC CO CH13 SEC 13-16 CO CH 15-120 (A) LDR CH2 ART IV SEC 2(A)2 Officer Emily Vasquez presented this case, which was a citizen complaint. The initial inspection date was March 25, 2024. This is not a repeat violator. The initial notice was issued March 8, 2024 via courtesy notice, with 30 days to comply. Notice was sent certified mail on January 13, 2025. Signed green card dated January 23, 2025. Provided owner with multiple extensions. The property was last inspected February 12, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $100.00 per day, plus administrative fees in the amount of $384.12 Ms. Madeline Foustin, respondent, was present. Magistrate Zalman reviewed the violations. Ms. Foustin stated that she is confused on how to proceed regarding the Business Tax Receipt violation as her husband came to City Hall to pay the fee a couple of months ago. Officer Vasquez explained that the Business Tax Receipt was not active due to the failed Certificate of Use and Occupancy inspection. She continued to inform Ms. Foustin what needed to occur to reinstate the Business Tax Receipt. Ms. Foustin inquired what she needed to do to comply with the violations. Officer Vasquez explained that she needed access to the property to confirm that the violations have been resolved and stated the tenants have not given her access to the property. Ms. Foustin requested an extension for the patio cover in the backyard. Officer Vasquez had no objection to the extension. Magistrate Zalman advised she will enter a two-part order, a compliance date of March 25, 2025 for the smoke detectors and a compliance date of April 15, 2025 for the remaining violations. Decision Magistrate Zalman ordered a compliance date of March 25, 2025 for the smoke detectors and a compliance date of April 15, 2025 for the remaining violations, or a fine of $100.00 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-1976 GET A REAL ESTATE LLC Property Address: 301 SW 9TH AVE Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH10 SEC 10-51 .5 INC CO CH10 SEC 10-56 (D) Officer Emily Vasquez presented this case, which was a citizen complaint. The initial inspection date was August 1 , 2024. This is not a repeat violator. The initial notice was issued August 2, 2024 via courtesy notice, with 14 days to comply. Notice was sent certified mail on December 19, 2024. Notice was posted on property on February 3, 2025. The property was last inspected February 12, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agreed to the recommendation. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 25, 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 CH15 SEC 15-120 (D) 1 E 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 hangar, with 30 days to comply. Notice was sent certified mail on February 6, 2025. Signed green card dated February 10, 2025. Date notice was posted at property and City Hall February 6, 2025. The property was last inspected February 12, 2025. This is a health and safety hazard. The City recommends compliance by February 28, 2025 or a fine of$150.00 per day, plus administrative fees in the amount of$384.12. Officer Vasquez advised that the case is being brought back to request an abatement order for landscape. Mr. Lester Beyer, respondent, was present. Magistrate Zalman reviewed the violations. Mr. Beyer advised that he was waiting on the completion of the repairs to his lawn mower. He had no objection to the compliance date. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of February 28, 2025, or a fine of$150.00 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-3244 3103 BOYNTON DEVELOPMENT LLC Property Address: 3103 S FEDERAL HWY Type of Property: VACANT LOT Property Violation(s): CO CH15 SEC 15-120 (D) 1 H Officer Luney Guillaume presented this case, which was a routine inspection. The initial inspection date was December 5, 2024. This is not a repeat violator. The initial notice was via written notice. Signed green card dated January 21 , 2025. The City recommends compliance by March 5, 2025 or a fine of $75 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agreed to the recommendation. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 5, 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-0669 SOUTH FLORIDA PROPERTY Property Address: 200 KNUTH RD Type of Property: COMMERCIAL Property Violation(s): LDR CH2 ART IV SEC 2 (A) 2 CO CH10 SEC 10-56 (D) CO CH 15 SEC 15-120 (A) CO CH 15 SEC 15-120 (D) 1 B LDR CH4 ART III SEC 11 Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was March 13, 2024. This is not a repeat violator. The initial notice was issued March 14, 2024 via courtesy notice, with 30 days to comply. Signed green card dated December 17, 2024. The property was last inspected February 14, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $100.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Officer Patrick Hart, Community Standards Supervisor, stated that in previous communications, the respondent has claimed that they believe the wall does not belong to them. However, he has brought in someone that can testify that the wall is on the respondent's property. Luis Bencosme, Principal Planner, testified that he located an approved permit for the fence on top of the retaining wall on the property. Magistrate Zalman agreed to the recommendation. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 25, 2025, or a fine of$100.00 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-2229 COLWELL LUCILLE Property Address: 2300 NW 2ND ST Type of Property: SINGLE FAMILY/HOMESTEADED Property Violation(s): CO CH15 SEC 15-120 (D) 1 B Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was August 19, 2024. This is not a repeat violator. The initial notice was issued August 19, 2024 via door hangar, with 30 days to comply. Date notice was posted at property and City Hall February 5, 2025. Owner has not contacted the City. The property was last inspected February 14, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $100.00 per day, plus administrative fees in the amount of$384.12. Ms. Sandra Watson, was present on behalf of respondent. She is the daughter of homeowner, however had no written authority to speak on behalf of respondent. Magistrate Zalman advised that she is entering an order providing a compliance date of March 25, 2025, otherwise it would be $100.00 per day. She also explained that a permit might be needed. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 25, 2025, or a fine of$100.00 per day, plus administrative fees in the amount of$384.12. Case Hearing Case No. 24-2411 BRYNN REAL ESTATE LLC Property Address: 320 WINCHESTER PARK BLVD Type of Property: COMMERCIAL Property Violation(s): CO CH10 SEC 10-2 CO CH 15 SEC 15-120 (D) 1 H CO CH 10 SEC 10-56 (B) LDR CH4 ART II SEC 4 A 13 Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was September 4, 2024. This is not a repeat violator. The initial notice was issued September 5, 2024 via courtesy notice, with 30 days to comply. Signed green card dated December 17, 2024. The property was last inspected February 14, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $75.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agreed to the recommendation. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 25, 2025, or a fine of $75.00 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-2610 ALLEN DAVID B Property Address: 2740 NW 2ND ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): CO CH 13 SEC 13-7 INC CO CH 13 SEC 13-16 CO CH 15 SEC 15-120 (D) 1 A CO CH 15 SEC 15-120 (D) 1 B CO CH 15 ART IX-15-120 (E) 2 C CO CH 10 SEC 10-60 (B) CO CH 10 SEC 10-56 (D) Officer Miranda Mohorn presented this case, which was a routine inspection. The initial inspection date was September 23, 2024. This is not a repeat violator. The initial notice was issued September 24, 2024 via courtesy notice, with 30 days to comply. Date notice was posted at property and City Hall February 5, 2025. The property was last inspected February 14, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of$75.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agreed to the recommendation. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of March 25, 2025, or a fine of $75.00 per day, plus administrative fees in the amount of $384.12. Case Hearing Case No. 24-2974 TRUST FINANCIAL LLC Property Address: 2410 SW 1ST ST Type of Property: SINGLE FAMILY/NON-HOMESTEADED Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2 Officer Emily Vasquez presented this case, which was a citizen complaint. The initial inspection date was November 1, 2024. This is not a repeat violator. The initial notice was issued November 18, 2024 via written notice, with 10 days to comply. Notice was sent certified mail on December 16, 2024. Date notice was posted at property and City Hall February 7, 2025. The property was last inspected February 3, 2025. This is not a health and safety hazard. The City recommends compliance by March 25, 2025 or a fine of $100.00 per day, plus administrative fees in the amount of$384.12. Ms. Flora Garber, as an authorized agent, was present on behalf of respondent. Magistrate Zalman reviewed the violations. Ms. Garber advised that they have obtained permits for windows, roof, plumbing, and a/c. They are currently working on the architectural drawings for the structures. Officer Vasquez advised that she is in receipt of the permits mentioned however more permits were needed. A representative from the City's Building Department advised that all trades must be submitted at one time. Having separate permits for separate phases of the project are rejected because it needs to be all inclusive. Ms. Garber understood and will be in contact with the City. She requested an extension to give time for the architectural drawings Magistrate Zalman provided an extension until April 15, 2025. The City had no objection. Decision Due to evidence and testimony, Magistrate Zalman ordered a compliance date of April 15, 2025, or a fine of$100.00 per day, plus administrative fees in the amount of$384.12. Fine Certification Case No. 23-0732 VILLAGE ROYALE COND ASSOC INC Property Address: 2161 NE 1ST CT Property Violation(s): CO CH 10 SEC 10-56 (D) CO CH 10 SEC 10-56 (B) LDR CH2ARTIVSEC2 (A) 2 CO CH 10 SEC 10-56 (D) Officer Brandon Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was November 20, 2024, and respondent did appear. A compliance date was set for January 24, 2025, or a fine of $100 per day plus administrative fees. Date notice was posted at property and City Hall on February 7, 2025. The property was last inspected on February 14, 2025, and the violations still exist. There are 26 days of non- compliance, and the fine continues to accrue at $100 per day, plus administrative fees in the amount of$384.12. Ms. Teresa Lemme, Attorney for Village Royale Condominium Association Inc, was present on behalf of respondent. Magistrate Zalman reviewed the violations. Ms. Lemme explained that are in the process of obtaining an engineer and bid package. She stated that she has been in contact with Officer Chavalier Bien-Aime and has provided him with a report from the engineer. Magistrate Zalman went over the current fine and administrative fee with Ms. Lemme. She also explained the lien reduction hearing process. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of$384.12. Fine Certification Case No. 24-1194 GROSS IRVING LESSOR, MARKS 1ST NE 1CT Property Address: 2191 106 Property Violation(s): CO CH 10 SEC 10-56 (E) Officer Brandon Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was October 16, 2024, and respondent did not appear. A compliance date was set for October 30, 2024, or a fine of $150.00 per day plus administrative fees. Services obtained via posting on February 3, 2025. Property complied with violations on December 10, 2024 and is no longer in violation. There are 41 days of non-compliance, that accrued at $150.00 per day, plus administrative fees in the amount of$384.12. Ms. Teresa Lemme, Attorney for Village Royale Condominium Association Inc, was present on behalf of respondent. Magistrate Zalman reviewed the fines accrued. Ms. Lemme advised that they will attend the Lien Reduction hearing to have the liens reduced. Magistrate Zalman agrees to certify the fine. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of$384.12. Fine Certification Case No. 24-1403 EDWARDS DENISE C Property Address: 1624 NE 2ND CT Property Violation(s): CO CH 15 SEC 15-120 (D) 1 A CO CH 15 SEC 15-120 (D) 1 B Officer Brandon Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was October 16, 2024, and respondent did appear. A compliance date was set for December 19, 2024, or a fine of$75.00 per day plus administrative fees. Services obtained by posting at the property and City Hall on February 3, 2025. Property complied with violations on February 10, 2025 and is no longer in violation. There are 53 days of non-compliance, that accrued at $75.00 per day, and the administrative fee was paid. Ms. Denise C Edwards, respondent, was present. Magistrate Zalman reviewed the fines accrued. Ms. Edwards stated that the date of compliance was February 4, 2025 however she did not know she had to contact the officer. She provided evidence, a text message from the person she contracted, as proof of when the violation complied. Officer Chevalier Bien-Aime had no objection to adjusting the days of non-compliance to 47 days. Magistrate Zalman stated that the lien is reduced to $3,525.00 and she can return for a lien reduction hearing to have the lien further reduced. Decision Due to evidence and testimony, Magistrate Zalman certified the fine. Case Hearing Case No. 24-2112 MANCIA CLARA LUZ ESTRADA Property Address: 2010 NW 2ND CT 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 (D) 1 D Officer Brandon Chevalier Bien-Aime presented this case. The Special Magistrate Hearing date was December 18, 2024, and respondent did not appear. A compliance date was set for January 21, 2025, or a fine of $75.00 per day plus administrative fees. Services obtained by posting at the property and City Hall on February 3, 2025. The property was last inspected on February 14, 2025, and the violations still exist. There are 29 days of non-compliance, that accrued at $75.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agrees to certify the fine. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of $384.12. Case Hearing Case No. 23-1480 LOWE JUDITH C EST Property Address: 118 NE 4TH AVE Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2 Officer Emmanuel Rivera presented this case. The Special Magistrate Hearing date was October 16, 2024, and respondent did not appear. A compliance date was set for November 19, 2024, or a fine of $150.00 per day plus administrative fees. Services obtained by posting at the property and City Hall on February 5, 2025. The property was last inspected on February 14, 2025, and the violations still exist. There are 92 days of non-compliance, that accrue at $150.00 per day, plus administrative fees in the amount of $384.12. The respondent was not present. Magistrate Zalman agrees to certify the fine. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of$384.12. Fine Certification Case No. 23-3767 MISSION HILL INVESTMENTS LLC Property Address: 520 MISSION HILL RD P Y Property Violation(s): CO CH 13 SEC 13-7 INC CO CH 13 SEC 13-16 Officer Lionel L Mesadieu presented this case. The Special Magistrate Hearing date was May 15, 2024, and respondent did not appear. A compliance date was set for June 18, 2024, or a fine of $75.00 per day plus administrative fees. Services obtained by posting at the property and City Hall on January 28, 2025. Property complied with violations on January 16, 2025 and is no longer in violation. There are 211 days of non-compliance, that accrued at $75.00 per day, and the administrative fee was paid. Property owner has applied for an extension of time and has paid the administrative fee. The respondent is requesting the compliance date to be moved to January 16, 2025. Mr. Jesse Hoffman was present on behalf of respondent. Magistrate Zalman reviewed the written extension request in which indicated the reason as a miscommunication of court and compliance dates. Mr. Hoffman explained that Officer Ron, who was assigned to his case at the time, told him he did not need to show up to the hearing and that he just needed to go through the approval process. Shortly after Officer Ron left, Officer Mesadieu took over his case and helped him through the inspection and approval process. He states that he was never initially provided with a complete inspection list from Officer Ron and that there was a lot of miscommunications during that time. Officer Mesadieu had no objection to extending the date of compliance to January 16, 2025. Magistrate Zalman also had no objection to changing the compliance date. She will enter an Amended Order changing the compliance date to January 16, 2025 and it will state that all fees and costs are paid. Decision Due to evidence and testimony, Magistrate Zalman will issue an Amended Order changing the compliance date to January 16, 2025 and it will state that all fees and costs are paid. Fine Certification Case No. 22-2448 2219 SE 3rd STREET LLC Property Address: 2219 SE 3RD ST Property Violation(s): LDR CH2 ART IV SEC 2 (A) 2 Officer Luney Guillaume presented this case. The Special Magistrate Hearing date was June 26, 2024, and representation appeared. A compliance date was set for October 7, 2024, or a fine of$100.00 per day plus administrative fees of$384.12. Signed green card dated January 21, 2025. The property was last inspected on January 14, 2025, and the violations still exist. There are 136 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. agrees Magistrate Zalman to certifythe fine. 9 Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of $384.12. Fine Certification Case No. 23-2106 SMOLIK HAROLD J Property Address: 209 SE 2ND AVE Property Violation(s): CO CH 15 SEC 15-120 (D) 1 D Officer Luney Guillaume presented this case. The Special Magistrate Hearing date was November 20, 2024, and respondent did appear. A compliance date was set for December 24, 2024, or a fine of $75.00 per day plus administrative fees. Services obtained by posting on January 28, 2025. The property was last inspected on February 14, 2025, and the violations still exist. There are 55 days of non-compliance, that accrue at $75.00 per day. Mr. Harold Smolik, respondent, was present. Magistrate Zalman reviewed the fines accrued. Mr. Smolik stated that he completed the driveway however he failed the inspection as he did not have the permit posted when the inspector arrived to the property. In regards to the grass, he has been watering the lawn and will remove the block that on the property. Magistrate Zalman advised that she will certify the fine for 55 days at $75.00 a day plus the $384.12. Mr. Smolik explained that he believed the fine would not accrue as long as he had an open permit. Magistrate Zalman replied that was not the case and provided him with information in regards to the lien reduction hearing. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of$384.12. Fine Certification Case No. 24-0891 GRAY ISAAC Property Address: 204 SE 26 AVE Property Violation(s): CO CH 20 SEC 20-6 LDR CH 2 ART IV 110.10.1 - COMPLIED Officer Emily Vasquez presented this case. The Special Magistrate Hearing date was October 16, 2024, and respondent did appear. A compliance date was set for December 19, 2024, or a fine of $150.00 per day plus administrative fees of $384.12. Services obtained by posting at the property and City Hall on February 7, 2025. The property was last inspected on February 13, 2025, and the violations still exist. There are 60 days of non-compliance, and the fine continues to accrue at $150.00 per day, plus administrative fees in the amount of$384.12. The respondent was not present. Magistrate Zalman agrees to certify the fine. Decision Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative fee in the amount of$384.12. Fine Certification Case No. 24-1040 FIGUEREO INVESTMENTS LLC Property Address: 510 SE 34TH AVE Property Violation(s): CO CH 13 SEC 13-7 INC CO CH 13 SEC 13-16 CO CH 10 SEC 10-56 (D) Officer Emily Vasquez presented this case. The Special Magistrate Hearing date was October 16, 2024, and respondent did not appear. A compliance date was set for December 19, 2024, or a fine of $75.00 per day plus administrative fees. Signed green card dated February 6, 2025. The property was last inspected on February 16, 2025, and the violations still exist. There are 60 days of non-compliance, that accrue at $75.00 per day. Property owner has applied for an extension of time and has paid the administrative fee. The respondent is requesting the compliance date to be moved to April 24, 2025. The owner is requesting the extension due to the A/C company is in charge of obtaining the permit and the BTR and COU has not been obtained. The City has no objection to the 60 day extension. Mr. Pedro Figuereo, respondent, was present. Magistrate Zalman reviewed the written extension request and acknowledged the respondent is in process of working with the a/c company. The compliance date will be extended to April 24, 2025 and after this date it will begin to accrue at $75.00 a day. Decision Due to evidence and testimony, Magistrate Zalman will enter an Amended Order changing the compliance date to January 16, 2025 and it will state that all fees and costs are paid. Lien Reduction Hearing Case No. 09-3894 SOUTHWEST JEFFERSON INC Property Address: 225 NE 9TH AVE Property Violation(s): CO CH13 ART 1 SEC 13-16 CO CH10 SEC 10-56(A) CO CH10 SEC 10-56(B) CO CH10 SEC 10-56(D) CO CH10 SEC 10-56(E) CO CH10 SEC 10-56(G) CO CH10 SEC 10-56(H) CO CH10 SEC 10-57(D) CO CH10 SEC 10-59(E) Officer Patrick Hart, Community Standards Supervisor, presented this case. The property has been placarded as an unsafe building and unfit to be occupied. The notice of violation occurred on December 16, 2009. The original Magistrate hearing date was February 17, 2010, and Craig Goldberg appeared. Service by certified mail on January 15, 2010. The fine certification hearing was on June 16, 2010, and no one appeared. Service by certified mail on June 01, 2010. The compliance date set by the Magistrate was May 18, 2010, and the fine proposed by the Magistrate was $50.00 per day, plus $730.15 administrative fees. The property was last inspected on February 28, 2020, and the violation has complied. There have been 3,573 days of non-compliance at $50.00 per day for a total amount of$178,650.00, plus the $730.15 administrative fees for a total of $179,380.15. Officer Hart stated that the City is recommending a reduction to $35,876.03, plus administrative fees. Mr. Craig Goldberg, respondent, was present. Magistrate Zalman reviewed the lien and recommended reduction. Mr. Goldberg explained that he was not aware that the fine has been running for the past few years. He discovered the fine through a title search as he is in the process of selling the property to the CRA. Magistrate Zalman inquired if Mr. Goldberg has tenants at the property, and he answered he did not. Mr. Goldberg explained that in 2006 or 2007 the CRA with another group were purchasing many properties in the area, and at that time he was also under contract with them. However, due to the real estate crash in 2008 the sale fell apart. During which time he also lost his tenant and shortly after there was a fire in the house. He stated that due to the fire he incurred the violations on his property. The fire damaged the bathroom and one of the bedrooms in the home. However, the outside of the structure was not affected by the fire. Mr. Goldberg continued to explain that he believed he had complied with his violations. He was told by the City that he needed to keep people out of the property as there were broken windows in which he advised he boarded up the windows. Magistrate Zalman questioned where the property was located in the photo that was presented during the hearing. In which she was informed by Officer Hart and Ms. Guim that the structure was demolished in 2020. Mr. Goldberg explained that the fire had caused enough damage in the home that it wasn't worth saving. Magistrate Zalman questioned the City if having a boarded up home in that area was contrary to code. Officer Hart answered this case was an exception to the rule because it is an old case. All the codes listed show that the home was unsafe and unfit to be occupied. The entire house was destroyed and needed to be fixed. Mr. Goldberg stated that he was not informed of the information Officer Hart provided. He was not aware of the accruing fine and explained that after attending the first hearing he complied by boarding up the windows and recalled that he was told he did not need to attend the second hearing as he complied. Mr. Goldberg believes he was in compliance long before the fine continued to run. Magistrate Zalman stated that she does not believe Mr. Goldberg complied as there is no evidence that he complied. Magistrate Zalman questioned if Mr. Goldberg is selling the land in which he confirmed he is attempting to. Mr. Goldberg advised the sale price is $300,000.00 in which he is currently under contract to sell by March 1St to the CRA. Mr. Goldberg stated that he recently paid $8,000.00 to the City for outstanding water bills in which he was also unaware of the outstanding balance. Magistrate Zalman inquired if Mr. Goldberg had insurance in which he confirmed he did but it was not enough to do to what was required of the building. When questioned about an approximate amount for the demolition, Mr. Goldberg answered it was about $15,000.00 to $16,000.00. Mr. Goldberg advised this is not a situation that he set out to do. He questioned that if the City billed him for having to cut his grass in the past, why did the City not bill him to make the structure safe. In which Officer Hart explained the City's abatement process. Mr. Goldberg advised he understands however explained that he was not aware that the violations were ongoing until the title company informed him. He believed that he had done what was necessary to bring it into compliance. He stated that $35,000.00 is a big problem for him and is not able to pay it. Magistrate Zalman explained she understands that Mr. Goldberg in good faith believed he had brought his violations into compliance, he did what he was supposed to do and had communications with staff at the time. She also believes he had to pay $25,000.00 plus to bring everything into compliance. Magistrate Zalman considered knocking the $25,000.00 off the fine amount and a 13% reduction bringing the remaining balance to $20,589.00. However, she advised that she will do the 11% off the reduced amount for a total of $17,421 .80. Magistrate Zalman explained to Mr. Goldberg that he could appeal her decision. Mr. Goldberg advised he has no intention of fighting the City, however he expressed his concern about how the fine will affect the sale he has pending with the CRA. Magistrate Zalman advised that she could not provide legal advice. Decision Due to evidence and testimony, Magistrate Zalman reduced the fine to $17,421.80 total for Case No. 09-3894 payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 20-2249 MARCO GANI REALTY CORP Property Address: 3615 SE 1ST ST Property Violation(s): CO CH13 SEC 13-16 CO CH13 SEC 13-7 INC. Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on November 19, 2020. The original Magistrate hearing date was March 17, 2021, and no one appeared. Service by certified mail on February 12, 2021. The fine certification hearing was on June 16, 2021, and no one appeared. Service by certified mail on May 24, 2021. The compliance date set by the Magistrate was April 13, 2021, and the fine proposed by the Magistrate was $50.00 per day, plus $384.12 administrative fees. The property was last inspected on October 17, 2023, and the violation has complied. There have been 917 days of non-compliance at $50.00per day Y P for a total amount of $45,850.00, plus the $384.12 administrative fees for a total of $46,234.12. Officer Hart stated that the City is recommending a reduction to $9,246.82, plus administrative fees. Mr. Daniel Leibowitz, respondent and grandson to property owner, was present. Magistrate Zalman reviewed the lien and recommended reduction. Mr. Leibowitz explained that his grandmother had passed away in 2018 in which shortly after his mother took over maintaining the property. During this time his mother tried to steal the property from his grandfather and switch the name of the property to her name. Mr. Leibowitz grandfather chose not to press charges his against his daughter however he requested that the respondent step in and handle the property in his stead. Mr. Leibowitz stated that in 2021 he began to communicate with Tanya Guim and Gayla Hill, who at this time is no longer employed with the City, in regards to the property. Magistrate Zalman inquired if the property had tenants during that time in which Mr. Leibowitz answered there were not, but it took time to confirm this. He stated that he hired a lawyer to assist with getting property back from his mother and changing the name of the property back to his grandfather's name. Certified letters and process servers were sent to the property to confirm if there were tenants or not. Mr. Leibowitz explained that this process took time in which he also did not have access to the property. Mr. Leibowitz stated that in 2023, after confirmation that there were no tenants in the property, they gained access to the home to allow the City to enter the property to inspect. At that time the code enforcement officer provided the respondent with a list of minor things that needed to be done at the property. Mr. Leibowitz explained that the officer informed him to send her receipts and pictures once the items were completed, in which he stated that he did. Mr. Leibowitz continued to explain that he later received an email from the City in regards to an air conditioner handler that was not permitted on the property however the respondent stated that the property was purchased this way. After the code enforcement officer he was initially working was no longer employed with the City, the respondent began communication with Officer Patrick Hart in regards the air conditioner handler. Officer Hart tried to assist Mr. Leibowitz with the air conditioner handler issue however the rating wasn't up to the current code in which required a new unit be installed. Mr. Leibowitz stated that it took them some time to generate the $8,000.00 for the new unit. Mr. Leibowitz explained that he wanted the Magistrate to know that he was in constant communication with the City and was on top of the issues from the moment he gained control of the property. The property has been vacant for the last 4 to 5 years and he wants to be able to use the property to help generate income for his grandfather's expenses. Mr. Leibowitz advised that he spent $5,400.00 in bills from his lawyer. He further stated that in the last 3 years they have roughly spent around $30,000.00 on maintaining the property. This included grass, pool, roof repairs, and fence repairs. Magistrate Zalman reviewed the reasons behind the time delay due to the legal process of getting the property back. Ms. Zalman considered a reduction to $5,085.00 after hearing the testimony from Mr. Leibowitz. Mr. Leibowitz requested if it was possible to subtract the expenses he incurred over the last few years such as $100.00-$120.00 monthly in lawn expenses, $120.00 on monthly pool expenses, $400.00 worth of screen repairs, $1,000.00 on overgrown bamboo trimming, $1 ,200.00 on fencing repairs, $1,800.00 on roof repairs, and the interior drywall and paint repairs were $2,300.00. Mrs. Zalman stated that taking into consideration some of the costs the respondent additionally mentioned, it would be a fair reduction to $4,323.41. However, the respondent responded if the Magistrate would consider $4,000.00 with everything included. Magistrate Zalman and Officer Patrick Hart had no objection. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $4,000.00 total for Case No. 20-2249 payable within 90 days or the fine will revert to the original amount. Lien Reduction Hearing Case No. 21-3017 BOYNTON BEACH FAITH BASED COMMUNITY Property Address: 550 NW 12TH AVE Property Violation(s): LDR CH2 ART 4 SEC 2(A)2 CO CH10 SEC 10-56(D) CO CH10 SEC 10-59(C) Officer Patrick Hart, Community Standards Supervisor, presented this case. The notice of violation occurred on January 7, 2022. The original Magistrate hearing date was March 16, 2022, and no one appeared. Service by certified mail on February 8, 2022. The fine certification hearing was on June 15, 2022, and no one appeared. Service by certified mail on May 10, 2022. The compliance date set by the Magistrate was May 2, 2022, and the fine proposed by the Magistrate was $50.00 per day, plus$384.12 administrative fees. The property was last inspected on June 4, 2024, and the violation has complied. There have been 764 days of non-compliance at $50.00 per day for a total amount of $38,200.00, plus the $384.12 administrative fees for a total of $38,584.12. Officer Hart stated that the City is recommending a reduction to $5,787.62, plus administrative fees. Ms. Gloria Goolsby was present on behalf of Boynton Beach Faith Based Community. Magistrate Zalman reviewed the lien and recommended reduction. Ms. Goolsby stated that they are a nonprofit organization. The building was purchased to provide supportive housing for people who are homeless or facing homelessness. The organization has served over 60 plus individuals and have quite a few success stories. They work with the City and Police Department. Ms. Goolsby explained that any time they were informed of a violation the property manager would take care of it. However, at the time these violations were issued, the property manager passed away. Auring this time the Executive Director also took ill and passed away in August. It was difficult for the Director to keep up with the City Violations due to her illness. Ms. Goolsby explained they never showed up to the previous hearings as they were informed they did not need to appear as they had complied with the violations. Magistrate Zalman inquired how was the program funded. Ms. Goolsby advised that the program is not funded, the money they receive for rent from the tenants are placed back into the program. The money is used for repairs, maintenance and pest control. There are 4 units, and each apartment has 3 individuals. Ms. Goolsby requested a reduction to half of the City's recommended reduction. Ms. Goolsby explained that the program has spent over $800,000.00 to improve, clean and repair the property and surrounding area. Magistrate Zalman proposed a reduction to $3,085.87 after hearing the testimony from Ms. Goolsby. The City had no objection to the reduction. Decision Due to evidence and testimony, Ms. Zalman reduced the fine to $3,085.87 total for Case No. 21-3017 payable within 90 days or the fine will revert to the original amount. The hearing was concluded at 11:43 a.m. (Minutes by M. Clavel, Administrative Coordinator I)