All right, I hereby call this meeting to order. This is the Special Magistrate for the City of Delray Beach. Cases will be called in the order in which they appear on the agenda, unless we make a change, which we think we're going to. Are there any changes to the agenda? Yes. Case number code 25000181 has been postponed. So we're just asking for a motion to postpone it. Is that number two? Yes. No, no, no, no. It's on the changes to agenda under 25-000158. Number one. Okay. Yes. And the City is asking to postpone this to the next meeting? It's 183. It's not on the agenda. It was removed prior to hearing, so it's postponed. Okay. All right. So ordered. My apologies. It is case number two. I was looking at the wrong agenda. It's case number 25-000181. 183. I'm sorry, 181. I apologize. 181, which isn't currently on the agenda. Oh, my goodness. It's 181. Thank you. So we're going to order that reset for the next special magistrate here. Yes, please. Okay. So ordered. All right. This is a quasi-aditional hearing, which means the formal rules of evidence do not apply here. Our overall testimony is taken under oath under penalty of perjury, so anyone that's going to testify today or thinks they might testify, there's a possibility they might testify. Would you please rise, raise your right hand so you can be sworn in? By the authority vested in me, as a notary of the state of Florida, do you swear or affirm that the testimony you're about to give is the truth, whole truth, and nothing but the truth? All right. I have the minutes from August 6th and September 17th. They are hereby deemed approved and executed on this, say, the first day? First day of October. Look at that. 2025. We're going to go ahead and call the case. Once you hear your case called, if you're the respondent on the case, go ahead and proceed to the podium on my left-hand side. The city will present their testimony and evidence first. You'll have an opportunity to review any evidence the city submits or ask questions of any of the city's witnesses, after which time you'll be given an opportunity to present your own testimony and evidence, and I will make a decision. Please do remember this is a quasi-aditional hearing, so the formal rules of evidence do not apply here. However, as we just did, all testimony is taken under oath under penalty of perjury. Thank you. All right. Call the first one. If we may call the old business case first. All right. Go ahead. Case number two, code 25000183. Owner's name is Reddick and Trudy Talbot. The property address is 515 Northwest 12th Street. Thank you. Good afternoon, Mr. Wagner. Lynn Jelen on behalf of the city attorney's office. This was on your agenda, I believe, on the 17th. I had an opportunity to meet with the public works director yesterday and as well as Ms. Pryor, who's the director of neighborhood and community services and the city manager, and I'm requesting that this matter be, I don't know what the procedural posture is, but I'm asking for dismissal. And the basis for it is that in speaking with the public works director, this is very different than the unlawful discharge cases from the restaurants. This was pool water, and upon reviewing the video, the property owner did state that, you know, there hadn't been chemicals in the pool. And the ordinance actually provides an exception for dechlorinated pools. And so in our discussion, pool water, I should say, in our discussion with the manager yesterday, I requested the ability to just come speak to you today and see if we can seek dismissal of this. I don't think that there's a violation, and so that's it. Do we have an order on this case? We do. So I think the proper mechanism is to be a motion to set aside the order. All right. Based upon the recommendation of the city, I'm going to set aside the order in this case and dismiss. Thank you. Thank you very much. Good to see you. Okay, case number one, code 25000158. Owner's name is Carol Russo. Property address is 4507 Northwest 3rd Drive, and it's presented by Code Officer LaToya Thompson. I believe Ms. Russo is here. If you want to step to the mic. Come on up. No worries. You're all good. Hello again. Hello again. Good afternoon. Go ahead to the city, present their case, and then you can respond, okay? Good afternoon. My name is Code Officer LaToya Thompson with the City of Delray Beach Code Enforcement Division. On July 31st, 2025, I Code Officer LaToya Thompson was investigating a citizen complaint from the neighbor located at 4505 Northwest 3rd Drive regarding light spillage from a floodlight fixture located at 4507 Northwest 3rd Drive, Delray Beach. I observed and photographed how the light fixture was installed to the home. I researched the fixture's specs and confirmed that the fixture is manufactured to be hardwired. After consulting with members of the building department, it was further determined that the conduit the fixture is connected to is required to permit. After my investigation, it was determined that the floodlight fixture was hardwired without a permit, which constitute a violation of the City of Delray Beach Land Development Regulation 7.2.2, permits and inspections with state. Subsection A, permits for electrical work can only be issued to licensed electricians with current Florida registration and city registrations. Plans must show the building floor area, service connections, circuits, outlets, and equipment. All wiring installation must follow approved plans and any changes must be submitted in writing to the building official. Subsection B, final inspections and approvals are required before any electrician, wire, or equipment can be covered or concealed. It is unlawful to hide work before inspection and posting of notice. Subsection C, the use of uninspected electrical apparatus is prohibited. No wiring, fixture, or equipment may be energized in a building or premises without written approval from the chief building official or designee. Subsection C, I've spoken to the property owner on several occasions in person and via email. A permit was applied for yesterday, currently in progress. I have four photographs to present as evidence. A magistrate violation was issued August 22, 2025. A magistrate violation was mail first class and certified mail on August 22, 2025. The compliance date was required on September 20, 2025. Certified confirmation receipt was received August 25, 2025. Regular mail was not returned. The violation was posted at the property on August 27, 2025. On September 29, I conducted a re-inspection and observed the floodlight was still installed and no permits. But as of the 30th, a permit was applied for. Okay. So just a couple of questions. Thank you. So just the compliance date, I believe you said it was initially September 20, correct? 2025? Yes, ma'am. And a part of compliance was to apply for and obtain all necessary permits for the installation of the flood fixture, correct? Yes, ma'am. All right. Thank you. So I'm now showing you it's been previously marked as City's Exhibit 1 for identification purposes. Do you recognize this? Yes, I do. And what do you recognize it to be? I recognize it to be a floodlight camera with the conduit that's coming out of the home, the silver part that's coming out of the home. All right. So just specifically, when was this photograph taken? This was taken on August 8th, and the reason why, because the 31st was an evening, so you wouldn't be able to see it. All right. So when you initially saw it, it was dark. Yes. And I went back and took another shot. So specifically in this photograph, are you referring to that white item in the center, kind of bottom of the photo? I'm going to put the thing on it, if I can get this right. This, correct? Yes. So the wire, that little silver wire that's coming down into the item. Are you talking about from, like, kind of the top of that patio area? Yes, ma'am. That's the conduit that goes into the fixture. And that's wired? That's wired, yes. Okay. Thank you. City's Exhibit 2 for identification purposes. Could you describe what's in the photograph here? This is just a re-inspection on the 29th that the floodlight is still installed. And at that time, the permit wasn't showing that it was applied for. And that was on September 29th? Yes. But it's still there and still no permit, and you checked the records, correct? Yes, ma'am. All right. Now, showing the husband marked the city's Exhibit 3 for identification purposes, do you recognize this? Yes. That's just the permit screen from EPL that shows that at that time that the permit wasn't applied for, and that was September 29th, 2025. So that just shows the lack of permit? Yes, ma'am. All right. And today's October 31st, correct? Yes. Well. October 1st? Go back to that picture. No, today is October 1st. Okay. So that one is the October. It got switched out. Okay. It was supposed to be four. Now, Exhibit 3, they took the previous one out. So that one shows the correct, and that one was applied for the 30th of September, and it's in process now. So it says void. What does that mean? That one says void. Is that because they applied for the wrong type of permit initially and have to re-submit? Initially, yeah. Initially, it was a mix-up, but we got it corrected. It's supposed to reflect that, well, you won't see it because I didn't get the screenshot. We just changed it. It's supposed to reflect that it's processing. And as of today, the property owner does not have an approved permit, correct? No, not yet. No. It's going through process. Okay. At this time, the city would like to introduce the three exhibits into evidence. Ma'am, can you tell me your name, please? Carol Russo. Mr. Russo, do you have any objections to these photographs and documents the city would like to put evidence? Well, like I said, I was under the impression because originally there was a motion light, sensor light there, so that when you walked by, it went on. And it's been there for like 10 years, and each year when, you know, a couple years it burns out. I'll promise you, I'll let you tell me what you want. I just have to know if you object to these documents. No, that's all true. All right. I'll accept those in evidence as it gives us one through three. I'm going to let them finish, and then you can tell me anything you'd like me to know. I don't have any further questions. Thank you. So just so I'm clear, the permit was applied for yesterday. Yes, sir. And it's going through process. Yes, it's going through. It was voided, but we got it changed. I spoke to development services, and it got changed to move forward. Just to save me trouble of asking later, about how long do you think this process takes? We anticipate that compliance can be achieved within 30 days if there's a smooth submittal. Okay. Is there anything further from the city? No. Hey, Mr. Rizzo. Okay. Originally, when I bought the house, there was a center light. So when you walked by, you know, the lights went on. And every couple of years, for the $25 they cost, you know, they stopped working. So we replaced them. This time, I replaced it with the same thing, two spotlights and a little box. It was a ring camera. I didn't know that, as far as I knew, if something was pre-existing, you didn't need the permit. I didn't realize that I inherited somebody else's work that was never permitted when I bought the house. That seems to be an increasingly common problem. And Ms. Thompson just explained that to me, and, you know, and that's the story. I, you know, otherwise, anything else, I would always put in a permit, you know. Fair enough. So you applied for the permit? By the time I got my electrician around, yeah, you know, number one was, you know, I'm on social security, and the money was a little tight, and he's a little busy. And then when I got down here and found out that it's online only, he's got a language problem. I'm a dinosaur. I don't know how to work online stuff. So between the two of us, it was like the blind leading the blind. And that's where we're at. I feel you. So what's the city asking me for here? The city's asking to, well, she'd apply, so now to obtain all approved permits for the hardwiring of the floodlight within 30 days or a fine of $250 per day until compliance is achieved. $250. Can I ask a question? May we just have one moment I was speaking to? My apologies. Considering the fact, and maybe this wasn't discussed with Ms. Thompson yet, but considering the fact that she has taken steps to at least apply for the permit, I spoke to Code Enforcement Supervisor, Mr. Enrique Fernandez, and he advised that $75 would be a more, what we'd be asking for per day if it's not in compliance yet. Fair enough. I probably would have asked you if you didn't do that. Ma'am, they want to give you 30 days to get this done. Does that seem like a sufficient amount of time for you? It's not up to me. It's up to the electrician. You know, like I said, I followed the DIY stuff with my neighbor, and it was black to black, white to white, and this is where I stand, and I'm in trouble for doing that. Do you have a sense of when he's going to be out there? No, but I could call him and tell him that I need it done by a certain time and see, you know. Well, it is done, right? So it's just the permit, right? Yeah, that's all it is. The paperwork. But they would have to go in and inspect and make sure it's properly working. Do we want to give a little more time, or is the city confident that 30 days is enough here? We believe 30 days is enough, but we'll leave it up to your discretion. Well, if it's not, is there a way that I could call and ask? Like today I had a vet appointment with my cat, and I was asking if I could postpone this, and I was told no, it goes on whether I'm here or not. So is there a way I could call, go off of it, it's not? Well, I mean, if there's an act of God or something, you can contact the city. I mean, the fine doesn't get assessed until it comes back, when the city comes back and lets me know that. Okay, I don't know. I've never really... But you know what I'm going to do, just because it sounds like you've had a struggle here, I'm going to make it 45 days. Okay, thank you. I appreciate that. But do try to get it done as quickly as possible. I promise you I'm going to call them this evening. Yeah, as soon as the permit is issued, I guess, then the... I came up with half the money last week, so all I can do is wait for the check to come, and I can give them the other half this week. All right, in case 25-0-0-0-1-5-8, I'm going to make the following findings a fact. In the life I notice is sufficient, I find the property in violation of 7.2.2, which is the light without a permit. I'll give the respondent 45 days to obtain and have their permit issued and finalized, or a fine in the amount of up to $75 per day may issue. Thank you very much. Yes, ma'am. Good luck. Thank you. Thank you, Ms. Thompson. I think that's it, right? Yep, that's it. All right, we're adjourned.