Minutes 08-20-2025 MINUTES OF THE CODE ENFORCEMENT SPECIAL MAGISTRATE
CODE COMPLIANCE/LIEN REDUCTION HEARINGS
HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 E. OCEAN AVE.
BOYNTON BEACH, FLORIDA, ON WEDNESDAY, AUGUST 20, 2025, AT 9:00 A.M.
PRESENT:
Hilary Zalman, Esquire, Community Enforcement Special Magistrate
Candice Stone, Code Enforcement Director
Tanya Guim, Code Enforcement Administrative Supervisor
Madison Giannoutsos, Code Enforcement Associate
Brandon Chevalier Bien-Aime, Code Enforcement Specialist
Emily C Vasquez, Coordinator, Code Enforcement Field Training and Outreach
Emmanuel Rivera, Code Enforcement Specialist
Jonathan Burson, Code Enforcement Officer I
Luney Guillaume, Code Enforcement Specialist
Marcus Allen, Code Enforcement Specialist
Rodney M Patrick, Code Enforcement Specialist
Angela Neely, Code Enforcement Supervisor
Patrick Hart, Code Enforcement Supervisor
I. CALL TO ORDER
Hilary Zalman, Code Enforcement Special Magistrate, called the Hearings to order at
9:12 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, Madison Giannoutsos, administered an oath to all
those intending to testify.
III. CHANGES TO AGENDA
Item Case No. Status
11 24-2344 REMOVED
12 24-3337 REMOVED
13 25-0127 REMOVED
17 24-2334 CLOSED
IV. NEW BUSINESS
Case Hearing
Case No. 23-3648 BROWN MELISSA
Property Address: 420 NE 16TH AVE
Type of Property: SINGLE FAMILY/NON-HOMESTEADED
Property Violation(s): CO CH15 SEC 15-120 (D) 1 D
Officer Brandon Chevalier Bien-Aime presented this case, which was a routine inspection.
The initial inspection date was December 7, 2023. The initial notice was issued December
8, 2024, via courtesy notice, with 30 days to comply. Notice was sent certified mail on
June 27, 2025. Date notice was posted at property and City Hall, August 6, 2025.
Attempts have been made to comply with the violations, but the violations still remain.
Property last inspected August 15, 2025. This is not a health and safety hazard. The City
recommends compliance by September 23, 2025, or a fine of $75 per day, plus
administrative fees in the amount of$384.12.
Melissa Brown, the respondent, was present.
Ms. Brown explained that the sprinkler system is fixed and that she just needs time to get
someone to put the grass down. She explained that personal hardships have caused a
delay.
Magistrate Zalman questioned how much time will be needed to lay the grass.
Ms. Brown stated that she has to kill the weeds first and then have the grass installed.
She stated she has to find someone to help her.
Magistrate Zalman inquired how much time the respondent believed she needed to
comply.
Ms. Brown stated that she will work on the front yard first and deal with one section at a
time.
Magistrate Zalman asked Mr. Chevalier if there was an objection to providing the
respondent with more time.
Mr. Chevalier stated that there was no objection and that Ms. Zalman can give the
respondent 90 days to comply.
Magistrate Zalman informed Ms. Brown to contact Code Enforcement so that they can
take pictures and close out the case. She agreed to give the respondent 90 days to
comply with the violations.
Decision
Magistrate Zalman ordered a compliance date of December 1, 2025, or a fine of$75 per
day, plus administrative fees in the amount of$384.12.
Case Hearing
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Case No. 24-2706 PIERRE GOULIE & PIERRE EVINC &
Property Address: 1521 N SEACREST BLVD
Type of Property: SINGLE FAMILY/HOMESTEADED
Property Violation(s): LDR CH2 ART IV SEC 2 (A) 2
Officer Brandon Chevalier Bien-Aime presented this case, which was a routine inspection.
The initial inspection date was October 2, 2024. The initial notice was issued October 4,
2024, via written notice, with 30 days to comply. The notice was sent certified mail on
June 6, 2025. Date notice was posted at property and City Hall August 6, 2025. Attempts
have been made to comply with violations; however, violations remain. The property was
last inspected on August 15, 2025. This is not a health and safety hazard. The City
recommends compliance by September 23, 2025, or a fine of $100.00 per day, plus
administrative fees in the amount of$384.12.
Vesline Pierre, the respondent, was present.
Magistrate Zalman reviewed the violations and asked for the status.
Ms. Pierre explained that she was still working on the permit. She stated that she has
submitted the drawing twice, but it keeps getting rejected.
Magistrate Zalman questioned if the respondent was receiving assistance from anyone.
Ms. Pierre stated that she gets help from those in the Building department on what she
needs to do but that she is doing the work herself.
Magistrate Zalman stated that before the respondent submits again, she should meet with
someone in the Building or Code department. She expressed that she has no issue giving
the respondent additional time to correct the violations. She asked if an additional 30 days
would be sufficient.
Ms. Pierre stated that she needs more time and that she has a permit that she is going to
submit after she speaks with the building department.
Magistrate Zalman agreed to an additional time and informed the respondent to request
a written extension if she needs more time.
Decision
Magistrate Zalman ordered a compliance date of October 30, 2025, or a fine of $100.00
per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 25-0414 ARES CAPITAL LLC
Property Address: 150 COMMERCE RD #B
Type of Property: COMMERICAL
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Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
Officer Brandon Chevalier Bien-Aime presented this case, which was a city department
referral. The initial inspection date was March 6, 2025. The initial notice was issued March
20, 2025, via written notice, with 30 days to comply. The notice was sent by certified mail
on March 20, 2025. Signed greed card dated June 30, 2025. No attempts have been
made to comply these violations. The property was last inspected on August 15, 2025.
This is not a health and safety hazard. The City recommends compliance by September
23, 2025, ora fine of$100.00 per day, plus administrative fees in the amount of$384.12.
The respondent was not present.
Magistrate Zalman agreed to the recommendation.
Decision
Magistrate Zalman ordered a compliance date of September 23, 2025, or a fine of
$100.00 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 25-0789 LAUDANO NICK
Property Address: 638 SHORE DRIVE
Type of Property: SINGLE FAMILY / NONHOMESTEADED
Property Violation(s): CO CH 10 SEC 10-56 (D)
Officer Brandon Chevalier Bien-Aime presented this case, which was a citizen complaint.
The initial inspection date was April 15, 2025. The initial notice was issued May 23, 2025,
via written notice, with 20 days to comply. The notice was sent by certified mail on June
26, 2025. Date notice was posted at property and City Hall was August 6, 2025. Attempts
have been made to comply with these violations but the violations still remain. The
property was last inspected on August 15, 2025. This is a health and safety hazard. The
City recommends compliance by September 23, 2025, or a fine of $150.00 per day, plus
administrative fees in the amount of $384.12.
The respondent was not present.
Magistrate Zalman agreed to the recommendation.
Decision
Magistrate Zalman ordered a compliance date of September 23, 2025, or a fine of
$150.00 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 25-0839 ANANA MARLEY LLC
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Property Address: 910 NW 8TH STREET
Type of Property: SINGLE FAMILY/NON-HOMESTEADED
Property Violation(s): LDR CH2 ART IV SEC. 2 (A) 2
Officer Brandon Chevalier Bien-Aime presented this case, which was a routine inspection.
The initial inspection date was April 23, 2025. The initial notice was issued May 9, 2025,
via written notice, with 30 days to comply. Notice was sent certified mail on June 11, 2025.
Date notice was posted at City Hall and property August 6, 2025. Property has permits
but they are still in disapprove status. The property was last inspected on August 15,
2025. This is not a health and safety hazard. The City recommends compliance by
September 23, 2025, or a fine of$100.00 per day, plus administrative fees in the amount
of$384.12.
The respondent, Noelia Punschke, was present.
Magistrate Zalman reviewed the violations and stated that there is a permit pending but
it is in disapprove status. She questioned if the respondent was going to resubmit.
Ms. Punschke stated that they are going to resubmit the permit.
Ms. Zalman asked if September 23, 2025 was enough time to clear the violation.
Ms. Punschke stated that she needs 60 more days.
Magistrate Zalman agreed to the 60-day request.
Ms. Punschke asked if she is able to move into the house or if she has to wait until the
permit is approved.
Magistrate Zalman stated that as far as she know, the respondent, can move into the
property.
Officer Chevalier questioned whether the respondent was moving into the property or if it
was a rental because it is currently listed under LLC.
The respondent stated that she is moving into the home.
Officer Chevalier explained that the respondent, needs to get a rental exemption from the
Building department because the property is under an LLC.
Magistrate Zalman stated that the respondent might want to apply for homestead if that
will be her permanent residence.
Decision
Due to evidence and testimony, Magistrate Zalman ordered a compliance date of October
23, 2025, or a fine of $100 per day, plus administrative fees in the amount of $384.12.
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Case Hearing
Case No. 25-1203 NIXON FAITH
Property Address: 2000 NW 2nd STREET
Type of Property: SINGLE FAMILY/NON-HOMESTEADED
Property Violation(s): CO CH 10 SEC 10-24 (A) (5)
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
CO CH 15 SEC 15-120 (D) 1 H
CO CH 15 SEC 15-120 (E) 2 A
CO CH 15 SEC 15-120 (E) 2 C
Officer Brandon Chevalier Bien-Aime presented this case, which was a city department
referral. The initial inspection date was May 20, 2025. The initial notice was issued May
22, 2025, via written notice, with 30 days to comply. Notice was sent certified mail on
June 27, 2025. Signed green card dated July 10, 2025. Attempts have been made to
clear up some of the violations, but they still remain. The property was last inspected on
August 15, 2025. This is not a health and safety hazard. The City recommends September
23, 2025, or a fine of$75.00 per day, plus administrative fees in the amount of$384.12.
Derrick Nixon and Deanna Nixon, the children of property owner were present.
Per Deanna Nixon, Faith Nixon has been deceased for 3 years.
Magistrate Zalman reviewed the violations.
Mr. Nixon stated that he has removed all of the outside storage and that he completed
the trimming.
Ms. Zalman questioned Mr. Nixon about the vehicles.
Mr. Nixon responded that all of the vehicles have insurance and tags, but he has to go
and get the decals.
Ms. Zalman questioned the location of the garbage cans.
Mr. Nixon stated that the garbage cans in question does not belong to him and that they
are for the neighbors.
Ms. Zalman asked Officer Bien-Aime if the violation was of the 2 trash cans viewable in
the photo.
Officer Bien-Aime stated that he is referring to all trashcans and recycle bins. He said that
they must be out of sight.
Mr. Nixon expressed that they are not the only home to have trashcans in view of property.
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Ms. Zalman questioned the process of the grass.
Ms. Nixon stated that they have seeded the area but have not cut the grass yet.
Ms. Zalman asked about the fence on the property.
Mr. Nixon stated that the fence is up.
Officer Bien-Aime stated that the fence is leaning and that they can push it up so that it is
standing properly.
Ms. Zalman stated that the door and the exterior structure of the property need painting.
She pointed out that the door needs to be freshened up for appearance and questioned
respondents about the windows.
Officer Bien-Aime commented that there is a front window that is boarded up and it has
to be removed and repaired.
Mr. Nixon said that they will need more time because he is the only one doing the work
on the property.
Ms. Nixon said that she is in the process of getting the permit for the window.
Ms. Zalman questioned if Officer Bien-Aime had an objection to time or if anyone wanted
to propose an alternative date for consideration.
Ms. Nixon said that they will need more time to correct the violations.
Ms. Zalman stated that she will give the respondents until October 31, 2025, but if they
need more time, they need to contact code and request an extension.
Decision
Due to evidence and testimony, Magistrate Zalman ordered a compliance date of October
31 , 2025, or a fine of $75 per day, plus administrative fees in the amount of $384.12.
Case No. 25-1248 DG PELICAN POINT LLC
Property Address: 412 SW 1 ST STREET
Type of Property: SINGLE FAMILY/HOMESTEADED
Property Violation(s): CO CH 13 SEC 13-7
CO CH 13 SEC 13-16
CO CH 10 SEC 10-58 (D)
Officer Emily Vasquez, Field Training and Outreach Coordinator, presented this case,
which was a routine inspection. The initial inspection date was May 22, 2025. The initial
notice was issued May 28, 2025, via written notice, with 7 days to comply. The notice was
sent certified mail on June 30, 2025. Date notice was posted at property and City Hall,
August 6, 2025. A picture has been submitted to the Magistrate to show that the second-
floor bathroom has no toilet, and the hole has not been covered up. The property was last
inspected on August 15, 2025. This is a health and safety hazard. The City recommends
compliance by September 8, 2025, or a fine of $150.00 per day, plus administrative fees
in the amount of $384.12.
Gary Pachs, registered agent for the property, was present.
Magistrate Zalman reviewed the violations and questioned if there were tenants living on
the property.
Ms. Vasquez confirmed that the property is tenant occupied.
Ms. Zalman inquired if Mr. Pachs had seen the picture that had been submitted to her.
Mr. Pachs commented that he did not.
Ms. Zalman provides Mr. Pachs with the picture for his review. She commented on how
the picture shows a hole in the wall with a giant piping.
Mr. Pachs commented that he is familiar with the property and thought that the problem
had been fixed.
Ms. Zalman stated that this could be an easy plumbing fix and that it could be fixed in one
day. She said that she has no objection to the quick turnaround.
Mr. Pachs stated that it is not a standard toilet so he does not know if the problem can be
fixed on the same day and would like to request an extension for the end of September.
Ms. Zalman commented that this is a health and safety violation so she will keep the City's
recommendation for September 8, 2025. She stated that if the violation is the process of
being corrected and more time is needed, then he needs to apply for a written extension
and show proof.
Mr. Pachs asked if he could keep the picture for his record.
Ms. Vasquez stated that she would email it over to him.
Magistrate Zalman commented that she can provide more time for the Certificate of Use
and Occupancy but that the toilet needs to be done for the tenants living there.
Decision
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Magistrate Zalman ordered a compliance date of September 8, 2025, for the toilet and a
compliance date of September 30, 2025, for the Certificate of Use and Occupancy, or a
fine of $150.00 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 25-1557 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
Officer Emily Vasquez presented this case, which was a city department referral. The
initial inspection date was June 18, 2025. This is a repeat violator. The initial notice was
issued June 23, 2025, via written notice, with 7 days to comply. The notice was sent by
certified mail on July 2, 2025. Date notice was posted at property and City Hall was August
6, 2025. Attempts have been made to comply these violations but the violations still
remain. The property was last inspected on August 15, 2025. This is a health and safety
hazard. The City recommends compliance by September 23, 2025, or a fine of $250.00
per day, plus administrative fees in the amount of $384.12. The City is requesting an
abatement order for landscaping if the violation is not cleared up by September 23, 2025.
The City is proposing to abate the property as this is a repeat violator, and the City has
received multiple complaints from neighboring residents. This property has previously bee
abated.
The respondent was not present.
Magistrate Zalman agreed to the recommendation.
Decision
Magistrate Zalman ordered a compliance date of September 23, 2025, or a fine of
$250.00 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 23-3836 MITCHELL EDWARD L
Property Address: 329 NE 12TH AVE
Type of Property: SINGLE FAMILY / NONHOMESTEADED
Property Violation(s): CO CH 15 SEC 15-120 (E) 1
Officer Emmanuel Rivera presented this case, which was a routine inspection. The initial
inspection date was December 29, 2023. The initial notice was issued March 1, 2024, via
courtesy notice, with 30 days to comply. The notice was sent by certified mail on June 27,
2025. Date notice was posted at property and City Hall was August 5, 2025. Extensions
have been granted in this case and there have been several conversations with the
property owner. Owner's information has also been passed on to Community
Improvement. The property was last inspected on August 18, 2025. This is a health and
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safety hazard. The City recommends compliance by September 23, 2025, or a fine of
$150.00 per day, plus administrative fees in the amount of$384.12.
Edward Mitchell, the respondent, was present.
Magistrate Zalman inquired when can the respondent can the wood repaired.
Mr. Mitchell stated that he has contacted several groups. He commented that he reached
out to the building department but was told they can no longer recommend companies to
assist. He said he fixed the porch but that there is an area he still needs to complete. He
stated he is unable to find someone to help him.
Magistrate Zalman questioned if this case was referred to Community Improvement.
Mr. Rivera stated that he inherited the case from a different officer, but the notes indicate
that this case was referred to Community Improvement. He said that the owner should
reach out to them for assistance. He stated that they are a department within the City that
can possibly assist Mr. Mitchell with grants or available funds to fix certain repairs on the
home.
Ms. Zalman asked Mr. Rivera to provide Mr. Mitchell with the contact information for
Community Improvement. She commented that if he cannot get assistance from
Community Improvement, he still needs to find someone to fix the violations.
Mr. Mitchell stated that he is having trouble finding someone to do the work. He said that
he will look online for resources.
Decision
Magistrate Zalman ordered a compliance date of October 23, 2025, or a fine of $150.00
per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 24-2309 SAFREN BENJAMIN
Property Address: 2651 SE 2ND STREET
Type of Property: MULTIFAMILY
Property Violation(s): CO CH 10 SEC 13-7
CO CH 13 SEC 13-16
Officer Jonathan Burson presented this case, which was a routine inspection. The initial
inspection date was August 26, 2024. The initial notice was issued August 28, 2024, via
courtesy notice, with 60 days to comply. The notice was sent by certified mail on July 1,
2025. Signed green card dated July 5, 2025. Permits for the fence were submitted but
disapproved. The property was last inspected on August 13, 2025. This is not a health
and safety hazard. The City recommends compliance by September 23, 2025, or a fine
of$100.00 per day, plus administrative fees in the amount of $384.12.
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Ben Safren, the respondent, was present.
Magistrate Zalman asked Mr. Safren to provide her with details about the property.
Mr. Safren stated that the property is a quadplex and that the fence was installed because
one of the tenants had a dog. He stated they did everything the right way but somehow
missed the final step. He stated that everything has been corrected except the fence.
Ms. Zalman points out that the photos taken from the last inspection show the shutters
are still closed.
Mr. Safren stated that the tenant may have closed the shutters again and that he would
talk with him.
Ms. Zalman asked Mr. Burson if the fence was the only remaining violation.
Mr. Burson stated that he has not performed an inspection at the property but once the
permit for the fence is sorted out then everything else should pass.
Mr. Safren commented that he does not understand why the permit keeps getting
disapproved. He stated that he has sat down with members in the building department
for help and it still is in disapprove status.
Ms. Zalman questioned whether property owner has applied for the BTR.
Mr. Safren stated that he got the BTR and that the fence is only thing remaining. He said
that he received an email from the department on August 19, 2025, stating that his permit
was approved but that he needs to get with an engineer.
Patrick Hart, Code Enforcement Supervisor, commented that Code Enforcement does
not approve or disapprove permits and that he should reach out to Planning & Zoning.
Decision
Magistrate Zalman ordered a compliance date of October 23, 2025, or a fine of $100.00
per day, plus administrative fees in the amount of $384.12.
Case Hearing
Case No. 24-2344 EASTON PETRINA
Property Address: 126 SE 26TH AVE
Decision
The case was removed prior to the hearing.
Case Hearing
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Case No. 24-3337 LIONEL L MESADIEU
Property Address: 480 W BOYNTON BEACH BLVD
Decision
The case was removed prior to the hearing.
Case Hearing
Case No. 25-0127 LIONEL L MESADIEU
Property Address: 480 W BOYNTON BEACH BLVD
Decision
The case was removed prior to the hearing.
Case Hearing
Case No. 24-2436 ECJ401 K PLAN & TRUST
Property Address: 2181 W WOOLBRIGHT RD #202
Type of Property: MULTIFAMILY
Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
Officer Luney Guillaume presented this case, which was a red tag. The initial inspection
date was September 6, 2024. The initial notice was issued September 10, 2024, via
written notice, with 21 days to comply. Date notice was posted at property and City Hall
was August 6, 2025. The property was last inspected on August 16, 2025. The City
recommends compliance by September 23, 2025, or a fine of $100.00 per day, plus
administrative fees in the amount of$384.12.
Enrique Colon Jr., the respondent, was present.
Magistrate Zalman inquired about the permit status for the work that was done.
Mr. Colon stated that he has had issues with contractors but that his most recent
contractor submitted work that was partially accepted and that they now have a permit
number.
Ms. Zalman asked Mr. Colon when the last permit was submitted; she pointed out that
the paperwork shows the last time a permit was submitted was on May 12. She
questioned if anything happened after that date.
Mr. Colon said that one part of the permit was accepted but that the electrical, the
structural and the plumbing were rejected because they wanted drawings.
Ms. Zalman inquired if tenants were living on the property.
Mr. Colon stated that there are no tenants.
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Ms. Zalman asked Mr. Colon how much time is needed to get the work done.
Mr. Colon said that he is going to send his contractor a 20-day notice because he is not
satisfied with her work and requested a 60-day extension.
Ms. Zalman agreed to the extension. She explained to Mr. Colon that as the date
approaches, if more time is needed, he needs to request an extension.
Mr. Colon questioned if a new contractor would have to start the paperwork all over again.
Patrick Hart, Code Enforcement Supervisor, stated that Mr. Colon should meet with
someone in the Building Department.
Decision
Magistrate Zalman ordered a compliance date of October 23, 2025, or a fine of $100.00
per day, plus administrative fees in the amount of $384.12.
Case Hearing
Case No. 25-0267 4TH ST BOYNTON LLC
Property Address: 399 SE 4TH ST
Type of Property: MULTIFAMILY
Property Violation(s): CO CH 13 SEC 13-16
CO CH 13 SEC 13-7 INC
CO CH 15 SEC 15-120 (D) 1 B
CO CH 15 SEC 15-120 (D) 1 D
CO CH 15 SEC 15-120 (E) 2 A
CO CH 15 SEC 15-120 (E) 2 B
CO CH 15 SEC 15-120 (E) 2 C
Officer Luney Guillaume presented this case, which was a city department referral. The
initial inspection date was February 14, 2025. The initial notice was issued February 26,
2025, via courtesy notice, with 30 days to comply. Date green card was signed was June
30, 2025. The property was last inspected on August 13, 2025. The City recommends
compliance by September 23, 2025, or a fine of $75.00 per day, plus administrative fees
in the amount of $384.12.
Rich Radici, the respondent, was present.
Magistrate Zalman requested to view the photos taken by Code Enforcement. She
pointed out that a piece of wood on the property looks as though it is going to fall over.
Mr. Radici stated that he visited the property and that they are going to be replacing the
roof.
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Ms. Zalman reviewed the violations and questioned the status on completing the work.
Mr. Radici stated that he had hired someone to complete the work, but the person was a
no show.
Ms. Zalman reviewed additional photos of the property and inquired about the fencing.
She questioned if the fencing was in violation.
Officer Guillaume stated that the fence violation is apart of the list.
Ms. Zalman commented that she just wants to be sure that Mr. Radici is aware of
everything that needs to be corrected.
Mr. Radici asked if he was allowed to have a fence.
Magistrate Zalman stated that a fence is allowed as long as it is permitted but that the
fence in question does not look permitted.
Mr. Radici commented that the site would be developed on and that the fence would be
temporary.
Ms. Zalman asked if tenants were on the property.
Mr. Radici stated that there are tenants and that he will find someone to come out and
correct the violations.
Decision
Magistrate Zalman ordered a compliance date of September 23, 2025, or a fine of$75.00
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: COMMERICAL
Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
CO CH 10 SEC 10-56 (D)
CO CH 15 SEC 15-120 (D) 1 B
LDR CH 4 ART III SEC 11
Officer Marcus Allen presented this case, which was a city department referral. The initial
inspection date was March 13, 2024. The initial notice was issued March 14, 2024, via
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courtesy notice, with 30 days to comply. Proof of service dated July 1, 2025. Signed green
card dated July 15, 2025. Case originally heard in February but was rescinded to allow
more time for compliance. Property last inspected August 19, 2025. This is a health and
safety hazard. The City recommends compliance by September 23, 2025, or a fine of
$150 per day, plus administrative fees in the amount of$384.12.
Warren Izard, the respondent, was present.
Magistrate Zalman reviewed the violations and inquired about the fencing permit.
Mr. Izard stated that there is a delay in repair because he does not believe that the fence
is on his property and that he provided a survey and pulled up old permit records to submit
into evidence. He said that in good faith he did take care of the curbs and pressure
cleaned the exterior stained areas. He stated that he had done repairs on the retaining
wall even though he does not believe it is on his property, and he submitted photos into
evidence. He said that the photos were taken on August 19, 2025, and commented that
the old permit he pulled shows Stonehaven Association to be the correct owner of the
wall.
Ms. Zalman stated that if repairs are done then September 23, 2025, will be the fine
certification date for compliance.
Mr. Izard said that he has concerns about the September date. He said that he may have
to start over with a new survey company because of the difficulties he is having with the
current company. He stated that he does not believe September will be sufficient timing.
Ms. Zalman said that this case has been pending since February and that she is not giving
an extension as this is a health and safety hazard.
Mr. Izard questioned if the fine will be vacated if he can provide an affidavit showing proof
that the fence is not on his property prior to the compliance.
Ms. Zalman said that if the wooden fence is not on his property, then it will be
reconsidered. She commented that from the record and from what she has in front of her
the fence is on his property.
Mr. Izard stated that there is no proof that has been submitted to show that the fence is
on his property.
Patrick Hart, Code Enforcement Supervisor, stated that the fence in question is located
on the north side of the property.
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Mr. Izard stated that they did not install a fence.
Ms. Zalman commented that the fence could have been installed by previous owner, but
it is now his responsibility.
Mr. Izard stated that he presented the survey with pins to show that the fence is outside
of his property.
Ms. Zalman stated if that is true, Mr. Izard needs to meet with Planning & Zoning.
Officer Allen commented that the City has a survey on file that shows that the fence is on
Mr. Izard property.
Mr. Izard said that he has the actual pin from that survey to show otherwise and asked to
present his evidence.
Mr. Hart commented that when they met with building officials, it was noted that pins can
shift overtime and that it is important to have an accurate and current survey. He said that
their main concern is the cracked wall because of the trees that are forcing it out.
Mr. Izard said that he has photos of those repairs.
Candice Stone, Code Enforcement Director, commented that those repairs required a
permit.
Mr. Izard commented that a permit may have been required but it doesn't say it was
required.
Ms. Stone stated that a permit is needed. She said that once Mr. Izard gets the permit
and it has been approved and issued then the violation will be closed.
Mr. Izard said that he does not believe that the fence is on his property and he wants to
conduct a new survey to prove this.
Mr. Allen stated that the survey on file shows that the fence is on Mr. Izard property. He
commented that the survey provided by Mr. Izard looks as though the pin was placed by
himself.
Mr. Izard said that he did not place the pin on the photo he provided to staff.
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Ms. Zalman commented that this could be fixed by a survey.
Mr. Izard said that he agrees but needs more time to get the survey.
Ms. Zalman said that she is aware of how survey companies work and that he could get
back the results within a week. She commented that if he gets a new survey and the fence
is not on his property then it will not be his obligation. She mentioned that it does not look
as though the pressure cleaning was done.
Mr. Allen commented that the property was pressure cleaned.
Mr. Izard stated that he has photos to show it was done.
Ms. Allen said that if the work for the wall has been repaired that is fine but that a permit
still needs to be issued.
Mr. Izard stated that the notice he received says a permit may be required. He commented
that the repairs were superficial to the cracked stucco and that there is no structural
damage. He stated that the damage is from the trees that he tried having removed but
was denied by the City.
Ms. Zalman stated that Mr. Izard has time to sort everything out and to bring all evidence
to Code.
Ms. Stone stated that Mr. Izard has been challenging the survey for over a year. She
stated that the City has conducted their part.
Ms. Zalman stated that she is not going to give an extension and that it is up to Mr. Izard
if he wants to continue to spend money on the issue.
Mr. Izard said that they would like to take the fence down.
Ms. Zalman stated that a permit is not needed to remove the fence. She commented that
if the fence is on his property he has the right to remove it or repair it.
Mr. Izard stated that he wants the record to reflect that he has not received back any
contact from City officials regarding this matter.
Ms. Zalman accepted his comment on the record and informed Mr. Izard that she is going
with the City's recommendation.
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Mr. Izard asked if he could appeal the $384.12.
Ms. Zalman explained that administrative fees of $384.12 are with all cases and he can
appeal the case with the circuit court of Palm Beach County.
Decision
Magistrate Zalman ordered a compliance date of September 23, 2025, or a fine of
$150.00 per day, plus administrative fees in the amount of$384.12.
Case Hearing
Case No. 24-2334 Q2600 LLC
Property Address: 2600 QUANTUM BLVD
Decision
The case was closed for change of ownership prior to the hearing.
Fine Certification
Case No. 24-0449 HOLLAND SYDNEY M
Property Address: 410 NW 8TH CT
Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
Officer Brandon Chevalier Bien Aime presented this case. The Special Magistrate
Hearing date was April 16, 2025, and respondent did appear. A compliance date was set
for June 20, 2025, or a fine of$100.00 per day plus administrative fees. Notice posted at
property and City Hall on August 6, 2025. The property was last inspected on August 15,
2025, and the violation still exists. There are 61 days of non-compliance, and the fine
continues to accrue at $100.00 per day. Property owner has paid administrative fees and
has requested a 60-day extension until October 23, 2025.
Sydney Holland, the respondent, was present.
Magistrate Zalman reviewed the owner's request for an extension. She said that she will
provide an amended order to show the $384.12 has been paid.
Decision
Due to evidence and testimony, Magistrate Zalman granted the extension for October 23,
2025 or a fine of$100.00 per day.
Fine Certification
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Case No. 24-3091 TAYLOR ROLAND E
Property Address: 140 NW 21ST AVE
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 B
CO CH 15 SEC 15-120 (D) 1 D
CO CH 10 SEC 10-56 (B)
CO CH 10 SEC 10-56 (D)
Officer Brandon Chevalier Bien Aime presented this case. The Special Magistrate
Hearing date was April 16, 2025, and respondent did appear. A compliance date was set
for June 20, 2025, or a fine of $75.00 per day plus administrative fees. Notice posted at
property on August 6, 2025. The property was last inspected on August 15, 2025, and the
violation still exists. There are 61 days of non-compliance, and the fine continues to
accrue 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.
Fine Certification
Case No. 24-3202 GONZALES JENNIFER Y C &
Property Address: 1601 NE 4TH STREET
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 D
Officer Brandon Chevalier Bien Aime presented this case. The Special Magistrate
Hearing date was April 16, 2025, and respondent did appear. A compliance date was set
for June 20, 2025, or a fine of $75.00 per day plus administrative fees. Notice posted at
property on August 6, 2025. The property was last inspected on August 15, 2025, and the
violation still exists. There are 61 days of non-compliance, and the fine continues to
accrue 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.
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Fine Certification
Case No. 25-0182 SANTHIA MIRTYL
Property Address: 1522 NE 1ST CT
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 D
Officer Brandon Chevalier Bien Aime presented this case. The Special Magistrate
Hearing date was May 21, 2025, and respondent did not appear. A compliance date was
set for June 24, 2025, or a fine of$75.00 per day plus administrative fees. Notice posted
at property and City Hall on August 6, 2025. The property was last inspected on August
15, 2025, and the violation still exists. There are 57 days of non-compliance, and the fine
continues to accrue at $75.00 per day, plus administrative fees in the amount of$384.12.
Santhia Mirtyl, the respondent, was not present.
Magistrate Zalman inquired about the sod replacement.
Mr. Mirtyl stated that he replaced the sod before, but he has problems with the neighbors
parking on the grass. He commented that he put on the sprinklers, but the grass has not
grown yet. He said that he did not receive the first letter and stated that the tenant mailed
him the second letter.
Ms. Zalman stated that the lien is accruing at $75.00 and that Mr. Mirtyl needs to close
out the violation and apply for a lien reduction.
Mr. Mirtyl inquired about the lien accruing at $75.00 per day.
Ms. Zalman explained to Mr. Mirtyl that each day that the violation is open, he will be fined
$75.00 until the violation is resolved. She said that the fine will be reduced at 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. 24-1567 ARMATAS ELSA
Property Address: 1102 SW 1ST ST
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 A
CO CH 15 SEC 15-120 (D) 1 D
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LDRCH4ARTVSEC2A4B
Officer Emily Vasquez presented this case. The Special Magistrate Hearing date was
April 16, 2025, and respondent did appear. A compliance date was set for June 20, 2025,
or a fine of $75.00 per day plus administrative fees. Notice posted at property and City
Hall on August 6, 2025. The property was last inspected on August 15, 2025, and the
violation has complied as of July 9, 2025. There are 18 days of non-compliance, and the
fine continues to accrue at $75.00 per day, plus administrative fees in the amount of
$384.12.
Elsa Armatas, the respondent, was present.
Magistrate Zalman stated that the violation is now compliant but for the 18 days of non-
compliance a lien will be entered for $1,350.00. She commented that Ms. Armatas can
apply for a lien reduction and at the hearing they will discuss having the fine lowered.
Decision
Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative
fee in the amount of$384.12
Fine Certification
Case No. 24-2208 AUM PROPERTIES LLC
Property Address: 229 W OCEAN AVE
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 D
CO CH 15 SEC 15-120 (D) 1 A
Officer Emily Vaszquez presented this case. The Special Magistrate Hearing date was
May 21, 2025, and respondent did not appear. A compliance date was set for June 24,
2025, or a fine of $75.00 per day plus administrative fees. Signed green card dated July
3, 2025. Notice posted at property on August 6, 2025. The property was last inspected
on August 15, 2025, and the violation have complied as of July 22, 2025. There are 27
days of non-compliance at $75.00 per day. Property owner has applied for an extension
of time and paid the administrative fees. Property owner is requesting a compliance date
of July 22, 2025.
The respondent was not present.
Magistrate Zalman reviewed the owner's written request for an extension. She notes that
the owner is out of town and has paid over $3,000 to bring violations into compliance.
She said that she will enter an amended order to change the compliance date from June
24, 2025, to July 22, 2025, and reflect that the $384.12 has been paid.
Decision
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Due to evidence and testimony, Magistrate Zalman granted the extension to July 22,
2025.
Fine Certification
Case No. 24-2209 FARNSWORTH STEVEN
Property Address: 305 SW 3RD ST
Property Violation(s): CO CH 13 SEC 13-7
CO CH 13 SEC 13-16
Officer Emily Vasquez presented this case. The Special Magistrate Hearing date was
April 16, 2025, and respondent did appear. A compliance date was set for June 20, 2025,
or a fine of $75.00 per day plus administrative fees. Date notice was posted at property
and City Hall August 6, 2025. The property was last inspected on August 15, 2025, and
the violations still exist. There are 60 days of non-compliance at $75.00 per day. Property
owner has applied for an extension of time and paid the administrative fees in the amount
of $384.12. Property owner is requesting a compliance date of December 1, 2025.
Christopher Tapia, representative of the respondent, was not present.
Magistrate Zalman reviewed the owner's written request for an extension and asked if
Ms. Vasquez has an objection to the extension of time. She inquired if Mr. Tapia had an
affidavit from Mr. Farnsworth.
Ms. Vasquez stated they do have the affidavit.
Decision
Due to evidence and testimony, Magistrate Zalman granted the extension of December
1, 2025.
Fine Certification
Case No. 24-3296 DG PELICAN POINT LLC
Property Address: 536 SW 1 ST STREET
Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
Officer Emily Vasquez, Field Training and Outreach Coordinator, presented this case.
The Special Magistrate Hearing date was April 16, 2025, and respondent did appear. A
compliance date for board order number 1 was set for May 22, 2025, for smoke detectors
and that order did comply. The second board order for the licensing was set June 20,
2025, and that order complied after the fact. The fine proposed by the Magistrate was
$150.00 per day plus administrative fees. Service posted at property and City Hall on
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has complied as of August 6, 2025. There are 46 days of non-compliance, and the fine
continues to accrue at$150.00 per day, plus administrative fees in the amount of$384.12.
Gary Pachs, the respondent, was present.
Mr. Pachs commented that he was not aware of this case and was recently notified.
Ms. Zalman stated that this is a fine certification to determine how much the fine will be.
She said this is to determine how many days the fine ran.
Mr. Pachs asked what the violations on this property were about.
Ms. Vasquez responded that this case is about licensing.
Mr. Pachs questioned if they needed to get a business license.
Ms. Vasquez commented that owners have got a business license.
Ms. Zalman reviewed the violations and commented that the property owners can request
a lien reduction hearing.
Mr. Pachs questioned if he could request a lien reduction hearing for all cases.
Ms. Zalman responded that he could request a hearing for all cases, and they will all be
placed on the same docket.
Mr. Pachs said that he would like to negotiate the reduction now.
Ms. Zalman explained that that was not an option at the moment, and they are only going
to certify the lien. She commented that he will receive an order with details and that the
$384.12 can be paid in advance but it cannot be waived.
Mr. Pachs asked if he could get a list of all of the cases that owe $384.12.
Tanya Guim, Community Standards Supervisor, commented that she will send something
over to him.
Ms. Zalman advised Mr. Pachs to inform his clients to keep proof of work being completed
on property as it may help during the lien reduction hearing.
Decision
Due to evidence and testimony, Magistrate Zalman certified the fine for Board Order #2,
plus administrative fee in the amount of $384.12.
Fine Certification
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Case No. 25-0307 WULFSCHANTZE LLC
Property Address: 2930 NW COMMERCE PARK DR #3
Property Violation(s): LDR CH 2 ART IV SEC 2 (A) 2
Officer Emily Vasquez presented this case. The Special Magistrate Hearing date was
May 21, 2025, and respondent did appear. A compliance date was set for June 24, 2025,
or a fine of $150.00 per day plus administrative fees. Signed green card dated July 3,
2025. The property was last inspected on August 15, 2025, and the violations still exist.
There are 56 days of non-compliance at $150.00 per day. Property owner has applied for
an extension of time and paid the administrative fees. Property owner is requesting a
compliance date of September 23, 2025.
James Mobley, architect of the respondent, was present.
Magistrate Zalman asked if Mr. Mobley requested the extension.
Ms. Vasquez stated the property owner is the one that requested the extension, but that
Mr. Mobley has the authorized agent form.
Decision
Due to evidence and testimony, Magistrate Zalman granted the extension of September
23, 2025.
Fine Certification
Case No. 24-3023 OKURA KIMBERLY
Property Address: 125 NE 11TH AVE
Property Violation(s): CO CH 15 SEC 15-120 (D) 1 D
CO CH 15 SEC 15-120 (D) 1 A
CO CH 10 SEC 10-56 (B)
Officer Emmanuel Rivera presented this case. The Special Magistrate Hearing date was
April 16, 2025, and respondent did not appear. A compliance date was set for June 20,
2025, or a fine of $75.00 per day plus administrative fees. Notice posted at property and
City Hall on June 24, 2025. The property was last inspected on August 5, 2025, and the
violation complied. There are 41 days of non-compliance, and the fine continues to accrue
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
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Due to evidence and testimony, Magistrate Zalman certified the fine, plus administrative
fee in the amount of $384.12.
Lien Reduction Hearing
Case No. 10-2154 OAKWOOD SQUARE E&A LLC
Property Address: 344 N CONGRESS AVE
Property Violation(s): CO CH 9 SEC 9-22 (C)
Officer Angela Neely, Community Standards Supervisor, presented this case. The notice
of violation occurred on July 22, 2010. The original Magistrate hearing date was
September 20, 2010, and no one appeared. Service by certified mail on August 25, 2010.
The fine certification hearing was on October 20, 2010, and no one appeared. Service via
certified mail on September 30, 2010. The compliance date set by the Magistrate was
September 25, 2010, and the fine proposed by the Magistrate was $100.00 per day for
Board Order #1(Oakwood) and $50.00 per day for Board Order #2(Bangkok), plus
$346.03 administrative fees. The property was last inspected on July 29, 2025, and the
violation has complied. There have been 94 days of non-compliance at $100.00 per day
for Board Order #1 ($9,400.00) and 94 days of non-compliance at $50.00 per day for
Board Order #2 ($4,700.00), a total amount of $14,446.03, plus the $346.03
administrative fees for a total of $14,446.03.
Officer Neely stated that the City is recommending a reduction to $2,889.21, plus
administrative fees.
Ryan Tufts, property manager and respondent, was present.
Magistrate Zalman reviewed the lien and recommended reduction.
Mr. Tufts questioned the difference between Board Order #1 and Board Order #2.
Ms. Neely explained that Board Order#1 was made out to Oakwood and Board Order#2
was made out to Bangkok House.
Ms. Zalman explained that Board Order #1 was for $100.00 per day and Board Order #2
was for $50.00 per day and that they both complied on the same date but that there are
different fines for each order.
Mr. Tufts asked if there were different items that were not compliant.
Ms. Neely responded that the violation was for fire inspection annual fees.
Mr. Tufts stated that the $100.00 fee for fire inspection is usually sent to the tenant and
sometimes they forget to pay it. He questioned if the $100.00 fee resulted in a lien for
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both the tenant and the property owner. He commented that it might be duplicate, so he
just wants to confirm.
Ms. Zalman requested a copy of the Board orders. She reviewed each Board order and
asked staff if there should be separate orders for tenants and property owners.
Mr. Tufts said that it appears to be a single violation but issued twice.
Patrick Hart, Community Standards Supervisor, commented that they will review the file
and get an answer. He stated that the case was given to them by Fire and that the original
officer for the case is no longer with the City.
Ms. Zalman commented that she believes at the time both tenant and owner received the
violation. She said that no one is available to testify for Fire so she will wait to hear back
from Mr. Hart after reviewing the file.
Mr. Hart stated that he spoke with Emily Rodriguez, Assistant Fire Marshall, and she
informed him that the property should have only been addressed, not the tenant as well.
He stated that Board order#2 against Bangkok House should not exist.
Ms. Zalman stated that they will work with the lesser lien in the amount of$4,700.00. She
questioned whether Ms. Neely had a recommendation or if she should come up with one.
Ms. Neely recommended a 20% reduction.
Ms. Zalman commented that a 20% reduction will be $940.00 plus administrative fees in
the amount of$346.03. She stated to make it easier; she will reduce the total to $1,000.03.
Mr. Tufts agreed to the reduction.
Decision
Magistrate Zalman agreed to reduce the fine to $1,000.03 total for Case No. 10-2154
payable within 90 days or the fine will revert to the original amount.
Lien Reduction Hearing
Case No. 16-333 OAKWOOD SQUARE E&A LLC
Property Address: 328 N CONGRESS AVE
Property Violation(s): 105.1 FBC 2014 ED BBA
Officer Angela Neely, Community Standards Supervisor, presented this case. The notice
of violation occurred on March 9, 2016. The original Magistrate hearing date was April 20,
2016, and respondent appeared. Service by certified mail on March 31, 2016. The fine
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certification hearing was on June 15, 2016, and no one appeared. Service via certified
mail on May 26, 2016. The compliance date set by the Magistrate was May 5, 2016, and
the fine proposed by the Magistrate was $100.00 per day, plus administrative fees of
$730.15. The property was last inspected on July 29, 2025, and the violations have
complied as of January 11, 2023. There have been 2441 days of non-compliance at
$100.00 per day, plus the $634.12 administrative fees for a total of$245,368.24.
Officer Neely stated that the City is recommending a reduction to $12,268.41, plus
administrative fees.
Ryan Tufts, property manager and respondent, was present.
Magistrate Zalman reviewed the lien and recommended reduction.
Mr. Tufts stated this is the first time he has heard about the lien and questioned if it was
for a tenant located in the shopping center.
Ms. Zalman responded that this lien is directed to Oakwood Square property owners and
that it is for permits regarding the AC unit, fire alarm, burglar alarm and sign illumination.
She points out that there are two different amounts for administrative fees.
Ms. Neely stated that the correct fee amount is $634.12.
Ms. Zalman asked if respondent had a response to the City's recommendation.
Mr. Tufts commented that he appreciates the City's reduction, but he was not aware of
this case.
Candice Stone, Community Standards Director, asked Ms. Guim to verify if this lien
reduction fee for this case had been paid. She stated that they only bring forth cases that
have been applied for. She advised Mr. Tuft that this case could be tabled if needed.
Ms. Zalman asked the respondent for a counteroffer.
Mr. Tufts questioned if another lien existed for $156,000.
Ms. Stone stated that there were two more liens. She suggested going through each lien
first and then discussing them as a whole.
Parties agreed to Ms. Stone suggestion.
Ms. Zalman asked the respondent what he thinks would be a fair reduction.
Mr. Tufts responded with an offer of$6,000.00.
Ms. Zalman asked if the City was okay with the counteroffer.
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Ms. Neely stated that there are no objections to the counteroffer.
Decision
Magistrate Zalman agreed to reduce the fine to $6,634.12 total for Case No. 16-0333
payable within 90 days or the fine will revert to the original amount.
Lien Reduction Hearing
Case No. 19-1145 OAKWOOD SQUARE E&A LLC
Property Address: 320 N CONGRESS AVE
Property Violation(s): CO CH 9 ART II SEC 9-22 (C)
Officer Angela Neely, Community Standards Supervisor, presented this case. The notice
of violation occurred on May 31, 2019. The original Magistrate hearing date was July 17,
2019, and no one appeared. Service by certified mail on July 2, 2019. The fine certification
hearing was on September 18, 2019, and no one appeared. Service via certified mail on
August 27, 2019. The compliance date set by the Magistrate was July 31, 2019, and the
fine proposed by the Magistrate was $50.00 per day, plus administrative fees of$100.00.
The property was last inspected on July 29, 2025, and the violations have complied as of
March 24, 2020. There have been 236 days of non-compliance at $50.00 per day, plus
the $100.00 administrative fees for a total of$11,900.00.
Officer Neely stated that the City is recommending a reduction to $2,380.00 plus
administrative fees. She also stated that $75.00 is due separately, for overdue fire
inspection fee.
Ryan Tufts, property manager and respondent, was present.
Magistrate Zalman reviewed the lien and recommended reduction. She asked Mr. Tufts
when his clients purchased the property.
Mr. Tufts stated that the property was purchased about 30 years ago. He commented that
the tenant failed to pay the $75.00 invoice back in 2019.
Ms. Zalman commented that she takes this violation seriously and does not like that it
was ignored. She stated that she is less inclined to provide a larger deduction for this one.
Mr. Tufts explained that there was a fire inspection and that he agrees that it should be
paid. He asked for a 10 percent reduction.
Ms. Zalman stated 10 percent would be $1,180.00 plus the administrative fees of$100.00
and the overdue $75.00. She commented that she is okay with his offer.
Decision
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Magistrate Zalman agreed to reduce the fine to $1,355.00 total for Case No. 19-1145
payable within 90 days or the fine will revert to the original amount.
Lien Reduction Hearing
Case No. 19-2681 OAKWOOD SQUARE E&A LLC
Property Address: 398 N CONGRESS AVE
Property Violation(s): CO CH 9 NFPA 101 7.10.5.11
CO CH 9 NFPA 101 7.9.2.3
CO CH 9 NFPA 13.6.4.3.2.1
CO CH 9 NFPA 1 SEC 13.1.7
CO CH 9 NFPA 1 13.3.3.3
CO CH 9 NFPA 1 13.3.3.2
CO CH 9 NFPA 25 5.4.1.5.6
CO CH 9 NFPA 25. 5.2.6
CO CH 9 ART I SEC 9-16
Officer Angela Neely, Community Standards Supervisor, presented this case. The notice
of violation occurred on April 8, 2019. The original Magistrate hearing date was November
20, 2013, and no one appeared. Service by certified mail on October 3, 2019. The fine
certification hearing was on January 15, 2020, and no one appeared. Service via certified
mail on December 17, 2019. The compliance date set by the Magistrate was November
27, 2019, and the fine proposed by the Magistrate was $150.00 per day, plus
administrative fees of$100.00. The property was last inspected on July 29, 2025, and the
violations have complied as of October 26, 2022. There have been 1063 days of non-
compliance at $150.00 per day, plus the $100.00 administrative fees for a total of
$159,550.00.
Officer Neely stated that the City is recommending a reduction to $7,977.50 plus
administrative fees.
The overdue fire inspection is paid separately, and the total amount is $675.00
Ryan Tufts, property manager and respondent, was present.
Magistrate Zalman reviewed the lien and recommended reduction.
Mr. Tufts mentioned that they were made aware of the violations in June 2022 and that
they were fixed within 4 months. He agreed to the reduction of$7,977.50.
Ms. Zalman commented that the administrative fees of $100.00 and overdue fines of
$675.00 would still be due. She said that she wanted to make sure everyone was on the
same page for this case.
Mr. Tufts stated that he agrees to pay the reduction plus fees and overdue fines.
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Decision
Magistrate Zalman agreed to reduce the fine to $8,772.50 total for Case No. 19-2681
payable within 90 days or the fine will revert to the original amount.
Case No. 24-3149 MARCINKOSKI RAYMOND & LOIS K
Property Address: 509 INDUSTRIAL AVE
Tanya Guim, Code Enforcement Supervisor requested to add this case to the agenda.
She explained that the order issued on June 18, 2025, cited the incorrect code violation
and that the City requests to have the order rescinded.
Decision
Magistrate Zalman agreed to rescind the order issued on June 18, 2025, for Case No.
24-3149.
(Minutes by Keysiera Delorme, Administrative Coordinator II)
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