to call this meeting into order ma'am would you call the roll wayne passek here steve brutero richard burgess todd larue here jennifer jones here robert cohen here james fetter here thank you i'll entertain a motion to approve the minutes from the last meeting approval of the minutes of the meeting of october 9th 2025 second thank you approve the proposed amendment a motion accepting the media minutes of the meeting of november 13th 2025 second second thank you motion uh the minutes are in uh thank you for coming to today's code enforcement meeting this board is empowered to hear evidence to reach findings of fact and conclusion a law for the purposes of resolving cases that come before it a finding of violation may lead to the assessment of daily fines in the form of property leads the board is also interested in statements that will help us make a determination in each case and we are interested in compliance rather than levying fines we will hear all cases in the order that they appear on the agenda beginning beginning with the new violations fine assessment cases or status updates and concluding with the cases for which persons are seeking fine reductions we can begin by having all people who will be speaking before the board sworn in by the authority invested in me as a notary of the state of florida do you swear and affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth thank you i'll entertain a motion to consent the agenda yes we are requesting for the approval of the consent agenda as written i have to say is move to approve the consent agenda move to approve consent agenda so moved second thank you approved they have to vote all in favor all opposed passes thank you thank you call the first case yes i just want i just want to clarify i know we moved to approve the consent agenda did we move to approve the um what was on the consent agenda that we approved just the removal of the cases and the closed cases yes okay thank you i just want to make sure i had the right agenda because i didn't see it okay okay case number i'm sorry go ahead thank you case number one code 25 000301 property owner is 612 llc the registered agent is william himmelreck and the property address is east atlantic avenue the code officer on the case is james easley good afternoon code board my name is code enforcement officer james easley in the clean and safe unit i'm here regarding code case number 25 000301 a maintenance of building required violation located at east atlantic avenue delray beach florida this property was initially cited on october 4th 2025 on both december 3rd and december 9th of 2025 i james easley code enforcement officer for clean and safe re-inspected this property and during the course of my re-inspection i observed that this property to be in violation of code section 7.8.3 maintenance of buildings required the city of delray beach clean and safe unit has stated previously the importance of maintaining the dumpster area in a clean and sanitary condition at all times furthermore when it rains the dumpster area drain is clogged by the debris and holds garbage juice and debris for several days the owner was asked to unclog the drain and keep the dumpster area clean at all times by making sure that all bags boxes garbage litter trash and debris is placed inside of the dumpsters a formal notice of hearing was mailed first class and certified mail on october 16 2025 and posted at the property the compliance date was required by october 18 2025 on december 9th 2025 december 30th 2025 and today january 8th 2026 i re-inspected the property and observed that the property is still not in compliance i have 20 photographs taken of the property in question that i would like to introduce uh these to your viewing pleasure this is the initial uh investigation of the case uh you can see bottles cans uh gloves boxes um again on october 4th exhibit two again you see cans boxes bags you can see this is the uh drain area that gets clogged because of the debris and uh you can see when it rains uh it begins to uh begins to flood here in this area this is my re-inspection on december 9th these photos are taken for my re-inspection we still see the boxes the trash debris and the litter you can see the flooding that takes place again boxes trash litter debris this is still the same uh piece of wood that was observed in the initial investigation back in october did another um re-inspection on d on december uh 20th of 2025 again you can see the same um breeze still uh in that area mr mr lee uh for exhibit 11 um that was on december 30th correct uh december 30th uh my apologies uh december 30th of uh 2025 again we see the condition of the property i went back this morning uh because i did talk to representative from the property uh so i went back this morning to see if the violation had been cured and see if the property was in violation so these are my photos taken from january 8th of 2026 this is my affidavit of posting that we posted the notice at the property and this is a picture of the notice actually uh at one of the property at the property in question mr easley yes um this area is an area that you typically patrol correct that is correct and from the time of the initial um i guess observance or inspection until today in these photographs this has been a continual issue of a lack of maintenance yes yes uh i did get a um email uh yesterday uh at 2 52 p.m uh from the representative of the property and they sent over an invoice for um for work that was done to unclog the drain uh back in october but as you can see from the photos that the property remains in the state of non-compliance um and the property even though it's not maintained uh it is still in violation okay thank you just wanted to clarify that this has been going on multiple days and it's not just the the photographs that we see here today correct yes that is correct all right at this time the city would like to introduce the photographs into evidence i move we accept these 20 exhibit items presented by the city correct as evidence of the condition of the property second all in favor aye opposed i believe the property owner are you here for this okay sir if you can come thank you hello mike cavelli 1219 south swinton avenue um and mr himmelrich who is the managing partner of the llc is here as well um i have to tell you that you you see this and you say this is compelling evidence however um we received the certified mail uh notice on this in october it was mailed out on the 16th and we got it a few days later on the 21st which was just a day after we received it they went out and jetted this this this drain out and on the 22nd we sent a copy of the information to the code officer and the code officer sent a communication that said i got it i will send proof by email as soon as i close the case in our regard in in our our mind on october 22nd this was resolved now there is an issue an ongoing issue with restaurants and dumpsters because every time they dump they they then are supposed to go and clean up whatever fell out of the dumpster and put it in so that's been a constant issue with the restaurant people but the issue really becomes of one of communication here because if if on all these dates code enforcement went out and looked at this and could take pictures do you think anyone could talk to us about it in december i talked to a code officer about this and never mentioned that there was issues with trash and recently we have been talking and never issued anything about trash until quarter to 12 today i had a conversation they said the dumpster's dirty it's not in compliance it's horrible communication and and for the last two months i've been trying to figure out why we keep coming up on an agenda well now i know and you know it's just it's just terrible communication if you see a problem aren't you supposed to tell someone not just let it run and run and run and run but you see how many times pictures were taken we were never notified that it was still an issue we have communications for clarification of what this violation was and the main violation from the code officer was that the drain needed to be jetted out which we did within a day or two of of that being clarified so here we are today we're in front of you because of lack of communication basically and um you know that it's it's just not right that that it it goes on us that we look like the bad guys that we're not doing things and and look i understand the dumpsters are supposed to be clean and the restaurant people are the ones are supposed to be responsible and the owner now is saying he'll take a more active role in inspecting that and taking care of that as a matter of fact he was just there and it's already been cleaned up so and and if you want to show pictures you're you're happy to show those but but please understand that that that you know this isn't like someone thumbing their nose at the city saying we're not going to do this this is lack of communication that if officers are out there and they still see that they don't notify us how do we know so so you know we're committing to doing it anybody that that knows the history of this property will know that code violations are immediately addressed and and you can check the history of it but you got to know we had another violation that that just recently that within a day and a half it was resolved and it was closed but why this one didn't get closed i don't know so um we would appreciate it if you would give us some time to take care of this it's fixed now that we know if i could i'll give you i'll enter a couple of photographs in that were just taken just a little while ago and the other issue we have is you'll see in one picture the delivery trucks block the dumpster and there's days that the dumpster doesn't get dumped because the truck can't get in there but i have three pictures that i'd like to enter if you if i could if i may may i see the photographs before they're they're entered thank you very much may i speak that's up to the board that's up to the board may i address the board yeah as a property owner thank you very much hi everyone i'm billy himmelrich um i hope i'm so sorry i just i just need to want to provide it to the court no problem pay attention to your thank you mike he's mike cavelli and i'm we both signed in thank you we understand may i add um i just have a couple follow-up questions i'm not sure um did we get the motion it was the motion complete because i know we started the motion you said all in favor and then they came up to the podium i just wanted to that motion was just to accept the evidence correct that's the motion that i'm referring to okay perfect um what was the compliance date on this the original compliance date uh was october 18th 2025 okay thank you may i comment about that oh um i'm so sorry go ahead yeah sure the to address the mention of not specific enough communication it says on the original notice of violation in the corrective action box it says when it rains the dumpster area has a drain that is clogged and holds leakage juices and debris for several days the corrective action is to unclog the drain and maintain the dumpster area clean at all times by making sure that bags are always placed inside and all litter and debris is cleaned up and thrown inside of the dumpsters if you have any questions or concerns please feel free to reach out to me thank you okay thank you after after the compliance date you'll see on the violation it says that for the correction to be done even if the violation is corrected and then reoccurs the case will be presented for a hearing even if the violation has been corrected prior to hearing all right thank you for clarifying that i don't have any further testimony or questions for you at this moment if i may make a point sure the violation when it was issued was taped to a tenant's door we didn't receive the actual violation until it was mail it was mailed on the 16th which means we didn't receive it until after the expiration date for compliance so i just want to make that point and when we received it within a day or two on the 21st we we jetted the thing and cleaned so there's a little issue with the way the violations are being posted because when you tape something on a tenant's door and the owner isn't actually notified it there's a there's a time gap in there so we did respond as quick as we could that's good i i really um i have a 23 i have a 26 year history at this property i own the old school bakery i've never been before the code enforcement board the 18th the date you mentioned was a saturday this was mailed certified i have a copy from my office we received it on monday we called the jet people they fixed it the next day i communicated with delinda i have a copy of my text message with her um i like i have a long history of responding very very quickly mike called me today at 12 15 by quarter of one the photos that you see were taken i went out to the bakery on congress where we receive our notices i printed these pictures that dumpster area is spotless right now and if you genuinely care about compliance and that's what you're about trust me no one's better at compliance than i am um i think that what mike speaks to in terms of the communication when something's dated the 16th with the two-day afterwards expiration date and sent certified mail you everybody knows that i didn't get it until the following monday or tuesday and called that day i have since called my office or texted and ordered asked them to send rapid router out to jet it again if in fact it's clogged again that has been corrected um you know we keep it meticulously unfortunately today when i went there they hadn't even dumped the trash they were coming up the alley i took that picture of the fedex truck blocking this is an ongoing thing i've struggled with for many many years um i've always had a great relationship with the city the city attorney's office i saw lynn two nights ago here you know i i if anyone knows me you know i'm a rule follower and i've already done the corrective action and you know we're in a really high profile spot that's where the christmas tree lighting is and you know if it were bad on an ongoing basis we'd know about it my bakery office is open seven days a week from seven in the morning till four in the afternoon that is the address where notice should be given so moving forward i'd really appreciate it if they didn't tape it on the door or hand it to the maitre d'atremonti this has happened i don't believe it was you who did it but you know i had a good relationship with the linda i know she's not here anymore um so hopefully you know you will accept that i am a rule follower i have a long history i contribute to the city pay two hundred and twenty thousand dollars a year in property taxes we can afford to take care of this property and we do so so just if i may it sounds like mr herrington his representative they you know that they're saying that they they want to come into compliance and that they have come into compliance my suggestion would be if we proceed um with our recommendation give staff a time you know a chance to go out there and inspect the property and then you know we could hopefully close out the case that that would be um my proposal so what was your recommendation yeah that's uh i've been in uh communication and correspondence with mike and that's exactly what we were discussing uh that's why the photos were taken today because i was hoping to get some compliance pictures and bring it to the board and so what we talked about is if it can get done today i can go out first thing tomorrow morning get the photos as evidence of compliance and be able to close this case would you consider my photos as evidence of compliance considering that i've sworn that they are correct and that i've corrected it already and take my word for it yes okay fair enough and also while you're i really appreciate it because i have photos of the neighboring dumpsters which don't have drains and are in much worse shape so i hope everyone has been treated equally under the law thank you being that the the compliance would have been after the compliance date we're asking that you find them in violation and then i would say give give us a chance maybe yeah with seven days or 30 days whatever yeah the city's recommendation was uh 30 days to bring it into compliance a face to find a hundred dollars per day but in our conversation we're stating that it can be done by tomorrow so if that's the case the 30 days should be sufficient enough and it already is done but but the date between compliance if you date something the 16th of october and i have to comply two days later the 18th that's not 30 days if the certified letter is dated the 16th of october and the compliance date is two days later i don't believe that's 30 days so i will say that based on the violation then the evidence as you go back to the posting and when it was sent it was sent both in our position before the 16th however the pictures say that they you know realistically even if you were to give them a grace period right to say that okay maybe this wasn't enough time but it appears that this didn't get cleaned up until today so even if you were to say okay maybe they were a couple days off or something like that like even though that's not our position let's say that you rule find that it's still today it's the compliance date and the compliance date was in october so that's still three months ago so i so that that's just the city's position but we'll leave it to you you know my thought like i see that dumpster i run a restaurant and my dumpster looks like that i've got to go out there every day and i've got to put stuff in it myself i do it almost every day and this is a busy time of year it's the christmas tree i i believe him when he said he went out there two days later and jetted the thing to me that is a a pretty fair attempt at compliance i don't know how you control that because that's the restaurants that's your tenants i went into tremonti and asked them to clean the dumpster they typically do it after the trash is dumped but what i would say may i say the clicker please not to you know but i will say some of these items have been there months it's not but you understand what i'm saying like okay some of this looks like some trash but if you have for instance oh i'm going the wrong way um and that was the first thing i looked for was something that was there more than right of course so there's a white board i think i saw one piece of wood that was there twice that piece of wood i think okay so we have here and if you kind of kind of look at it's it's similar items so december 30th looks looks just like there are also deliveries every day that's cooking wine that gets delivered every day um so i don't know i mean i agree with you guys it needs to be cleaned but i do think he did jet it and i think it's hard to like that's tremonti doing that and i don't know how we get tremonti to do that i mean i just you know what i mean that's just my point that's so i'm sympathetic except it's got to be cleaned right i mean that's that's the bottom line the rule is that has to be clean i'm sympathetic towards you you need to talk to those guys and get them to top their guys right now we should address them okay i'm in agreement that i understand the city attorney's point but i feel like notice was not great on this communication was not great on this i know there's some staffing turnover in this part of the community um i think they've demonstrated good faith and i think we want to give them time to excuse me can you direct your face to the mic i'm sorry thank you i think they've operated in good faith i think we want to give them time to come into compliance it sounds like they've already done that i don't think that finding them out of compliance is really what we want to do at this point and i understand why the city desires to do so but this is to my knowledge the first time that they've come before this board at least in a large number of years so never been i mean maybe we get more dumpsters you know exactly that's what i'm thinking we get two dumps a day yeah once it once it overflows considering the visibility of the location i see the christmas tree that's the busiest place in nori beach maybe maybe additional capacity i had this would that be a we we actually actually did a site plan modification not too long ago where we actually enlarged the dumpster we actually put a rolling gate on it instead of doors that get knocked off all the time and we actually added one more dumpster to an additional day of pickup i had to do that yeah because it's such a high yeah right i hate to i hate to interrupt but uh it's not right you guys can't can't give advice you should right it's fine mr chair i'd like to move that we postpone this case until uh the february meeting and give the code officer opportunity to go out yeah re-inspect re-inspect inspect um i'm not going to be made people not going to be happy i believe the key problem with you and the violation is in the last sentence of the violation which says the property owner is asked to unclog the drain and keep the dumpster area clean at all times by making sure that all boxes bags garbage etc etc are placed inside the dumpster that means this to me it has to be cleaned every day more than once a day if needed it's not just a question say we're going to clean it tomorrow and then we're all done with our violation and we'll let it get dirty again no you have to be convinced to clean and i think the way to convince you that you need to spend more effort is to fine you with something and give you like minimum time to be shown that you are keeping it clean every day then maybe we can reconsider but i don't agree with letting you go and say and blowing out the drain is not the problem at all do you have any proof that the cloggers was in the pipe no what do you do they jetted it out that doesn't mean they removed anything or they found out what was maybe clogging it which was probably nothing the problem is when the debris overlies the drain inlet it becomes a problem and that's where you're not taking care and i believe you need to be fined or put on notice in some way that say i'm going to meet the requirement of the last sentence of the violation there's a motion on the floor so the appropriate thing is there to be a second or for the motion to fail i'm sorry i didn't hear there's a motion on the floor i think uh to postpone do i have a second second all in favor aye aye opposed hi no no can we call the roll please okay wayne passek hi stephen butera richard burgess hi todd larue yes jennifer jones it's the only the instrument from the museum name robert cohen no james fetter name so that means the motion um fails yes right thank you oh it's not it's not over right we have to have some he hasn't made a motion but i do have a question um when you mentioned the code initially the way it was posted you stated that even if it isn't compliance if it falls out of compliance it will continue to be an issue right that's what the initial posting said right the uh yes uh to bring the property into compliance and remain in the state of compliance okay so then what can we get from from you guys um as a an assurance to the city that you will continue your attempts to remain in compliance so the pictures have shown that morning in one one occasion after the posting it was out of compliance so you say you're in compliance now what can you they propose you you can't make them commit to something outside just just a quick reminder that the board's only role is to make a determination based upon the facts as you find them whether or not the respondent is in violation of the code and if so to provide an opportunity for them to correct and a fine if they do not that is all that you guys are supposed to do okay thank you and we don't know if they're in compliance now or not this i don't if the city is not willing to concede that at this point then you it's up to you to make a determination but i think that's a dispute of fact right now so i would i would like to make a motion please uh well i do find um that they are in violation with respect with this case uh number two five dash zero zero zero zero three zero one and move the finding of facts and the conclusion of the law that there is good notice and that violation does exist the facts support the violation um from the statement that we receive the offending party shall correct all violation within 30 days or pay 100 hours a day thereafter for each day of non-compliance the respondent shall immediately notify the code enforcement officer when the property is brought into compliance if the violation is not brought to compliant then the code officer shall report back to the board and in the event of non-compliance a lien for the daily amount shall be imposed onto the property do i have a second second all in favor all opposed thank you roll call we can call the roll please i'm sorry call the roll please wayne pass it uh aye you're in favor yeah i'm in favor richard burgess aye chanifer jones aye robert cohen aye james fetter aye thank you you didn't call my name nope todd larue i apologize nay motion passes yes thank you thank you thanks guys thank you thank you case number two twenty five zero zero zero three six nine property owner is g square adventures llc the registered agent is mandy robin the property address is 98 south east 6th avenue and the code officer is james easley good afternoon code ward my name is code enforcement officer james easley with the clean and safe unit i'm here regarding code case number 25 dash zero zero zero zero three six nine a business tax receipt and signs requiring permits violation located at 98 southeast 6th avenue in delray beach florida this property was originally cited on october 29th 2025 the compliance deadline was november 29th 2025 on december 9th 2025 i james easley conducted a re-inspection of the property during the course of my re-inspection of this property i observed signage for paid parking that has not yet been approved by the city of delray beach which is a violation of section code 4.6.7 subsection f subsection 1 signs requiring permits additionally this property is in violation of section code 110.02 for operating a business in the city of delray beach without a business tax receipt the property owner was asked to apply and obtain all necessary permits and license prior to operating in the city of delray beach a formal notice of hearing was mailed first class and certified mail on october 31st 2025 and posted at the property on december 8th of 2025 the compliance date was required on december 9th 2025 i re-inspected the property and observed that the property was still not in compliance as of today uh the violations still exist but i've um been able to have conversation with mandy robin of g squared owner of the property um had conversations with the city of delray beach planning and zoning department and the city of delray beach business tax receipt department who stated that this property this owner is bringing this property into compliance and all licenses and permits should be issued within the next 14 days you see my photos from december 8th uh that shows the property wait okay if you can sorry if you can go back um and go to the first exhibit say the number and what's in the exhibit here here you go wait stop i got it let's switch clickers i have another one here you go okay give me what he has i think this one's just a little backward thank you thank you so is that the first exhibit exhibit one yeah so uh you can see the uh paid parking signs go press the one on the bottom to go back there you go this is a property uh cited back in october to posting and see all right posting uh this property uh to pay parking signs back in october okay so let me because it appears that the exhibit numbers are a little off so i'll help you walk through this one so let's start back from the top go back go back back back one second let me just make sure we have the so let's let's start all right here exhibit one that was back on december 25th is that just to display the posting summary yes this is uh yeah it's supposed to December 8th yes December 8th yes all right exhibit two the affidavit of posting all right stop exhibit three this is this is uh a view of the property back on back in october back in october 29th to 2025 and is this when this was originally observed yes okay the parking sign okay keep going all right exhibit four this is the initial observation is that what the sign that that's out of um compliance right so the signs were erected uh prior to them getting the permit all right exhibit five this is a re-inspection of the property on december 9th 2025 showing that the signs uh are still there after the notice had been given but no permit or license had been received okay next exhibit six again you see the you see the the paid parking signs uh erected without a permit exhibit seven again this is a another photo on december 9th 2025 showing the paid parking signs without a permit exhibit eight went back on december 30th the signs are still erected but no permits or license had been issued exhibit keep going exhibit nine again another photo on december 30th showing uh the paved park inside without a permit exhibit you have another okay so go back go back that's fine so just just for clarification um first let's see if we can move to get these nine exhibits in the order we state it into evidence mr chairman i'd like to move that we admit the nine exhibits into evidence um detailing the um case uh evidence for case number code 25 000 369 second all in favor opposed picture jury thank you so i just have a just a few follow-up questions um this case has two violations two violations two violations yes one is for the actual signs that were placed without permit correct right and the other one is for operating the business tax and that making money off of the parking is a business of itself right just wanted to be clear that that's um why there are two violations that is correct yes and you said earlier i think you said something about them near compliance they're not in compliance correct no as as of today the property is still not in compliance for those two section codes and based off the way the violations were written and noticed they had to come into compliance by a obtaining a permit for the first part of not the signage and b for obtaining a business tax that is correct that is correct and you were just letting the board know that you had been in communication and were following up on the status correct all right yes that's all i have thank you was there anybody here for this case the recommendation is that the property owner be given 30 days to bring the property into compliance or face a fine of 100 per day until the violation is cured i have a question before we move to a motion please um you say you're in communication with um uh court enforcement and building permits yes i've been in contact with the property owner uh business tax receipt with the city of delray beach and planning and zoning and it is your understanding that 30 days is sufficient for them to be compliant from today on it is it is my understanding that that is sufficient do you know if any attempts have already been started yes yes they're they're right at the finish line okay thank you some other question are there two business licenses in addition to the parking or is just the business tax the only business permit that they are going after right so they have to have the business tax receipt to be able to charge for the paid parking so that's a separate business and so not this is just paid parking there's not another building or correct yeah correct we're just here for the parking okay thank you questions anybody do you want to make the motion sure um chairman thank you i'd like to make a motion i do find them in violation in respect to case um 25.00369 i move the finding of facts and the conclusion of the law that there is good notice and that violation exists the fact that support the violation or the testimony from the code enforcement and the pictures shared in evidence uh the offending party shall correct all violations within 30 days from today are fine pay a fine of 200 a day for each day thereafter of non-compliance the respondent shall immediately notify the code enforcement officer when the property is brought into compliance if the violation is not brought into compliance the code enforcement officer shall report back to the board and in the event of non-compliance a lien for the daily amount shall be imposed on the property second second all in favor all right all opposed motion passes thank you thank you thank you thank you case number three 2025 000126 property owner is james r moody the property address is 2208 west pine ridge court and the case will be presented by brandell strong good afternoon officer owner jane moody address 2208 ridge uh pine ridge court originally found a violation on april 10 20 25 for a landscaping violation the owner was given 14 days to correct the violation has not as of yet so it uh it was a 50 dollar a day to find i have five photographs uh from the original case three from the original case and one new uh i have one photograph showing this case is still out of compliance okay so you have one photograph from the original case this is what it looked like this is what it looked like on the inspection and then here are these your your new photographs yes uh exhibit one this is new this is uh this was november 5th 2025 is taken on january 5th 2026 and it's taken on january 6 2026 this is exhibit number four uh as of today so question was it is your thing off because i see 2026 is this just an error was that taken from this is oh yeah that's that's here i'm sorry okay so 2026 okay just to be clear so at this time the city would like to introduce the new four exhibits into evidence earlier in the previous case some of the exhibits were out of order earlier in the previous case some of the exhibit were out of order some pictures on a market exhibit do we need to do that for this case as well no he just i i asked him a follow-up question so he was saying that this is what this is an accurate prediction of what it looked like on january 6 2026 so it's just an error yeah the first picture doesn't have any exhibit name on it so i wanted to see that so the first this one so it's not part of the no evidence this is a um a non-compliance case so what we do is we show what the original violation look like because one of the things or elements that we have to prove is that the property is still out of compliance okay so this one is like all right this is what it looked like before and this is what it continues to look like thank you you're welcome mr chairman i move that we admit the documents and pictures exhibit one through five four four submitted by the city um into evidence on this case second all in favor all post picture thank you what is the total outstanding fines on this case so what is your recommendation the nation's name and keep continue and what was the daily fine no the daily fine thank you have you talked to the obviously the mail is being checked because okay on exhibit one on november 5th and then exhibit three on january 5th 2026 the mail is clear thank you so somebody's living there yeah it's occupied on the 6th that looks like the notice disappeared correct okay questions anybody mr chairman and i would like to make a motion respect to case number 2025 000 126 i find for a finding a fact in the conclusion of law that there is good notice that the violations of unkempt lawn and storage left out continue to exist on the property and that based on our previous order a fine in the amount of twelve thousand nine hundred dollars be levied against the property and property owner under the daily fine of one hundred dollars per day continue until the property comes into compliance the respondent shall immediately notify the code enforcement officer when the property is brought into compliance is that the correct daily fine amount yeah is that the yeah it's a fifty dollar daily fine what did i say you said a hundred no i'm my error no no it was 50 yes yes yes yes it's 50. do i have a second check it all in favor all right opposed motion passes thank you thank you case number four code 25 zero zero zero zero zero zero nine four the property owner is malarkey investment llc the property address is 638 southwest 7th avenue and the case will be presented by officer reggie williams good afternoon i'm code officer reggie williams this is a case this case was originally found to be a work without permit violation on july 18 2025 for putting up a new fence on the property on our october 9 2025 the ruling was to obtain an approved permit within 30 days or a daily fine of 50 dollars per day on november 12 2025 on november 12 2025 the board order inspection was conducted and it was observed that the violation still existed on december 17 2025 i posted a non-compliance hearing notice at the property on november 14 2025 non-compliance hearing notice was mailed first class certified mail and posted as posted to city hall as of today january 8 2026 the fire remains outstanding i have five new photos to introduce as evidence and three previously showed photos from the initial hearing this was taken july 18 2025 and is showing in the back of the property the fence that was put up this was taken july 18 25 it's just a different angle of the back of the property with the fence this was taken july 18 2025 and this shows the front of the property where you can see they put the fence up on the right of the property this is exhibit one this was taken december 2025 and it's posting the notice to the property exhibit two shows the affidavit of posting it's for the posting on december 17th yes exhibit three was taken december 31st 2025 and it shows the fence still remains on the property december 31st 20 is it before it was taken december 31st 2025 and just a different angle showing the fence on the property behind the property is if it five was taken december 31st 2025 and it shows the front of the property where the fence is there as well as of today you've checked the city records and there's no permit they they apply for a permit but no it's not approved no they have applied you said they apply yes but it's not it's not it hasn't been issued and what was the date of application they applied for the permit july 31st 2025 and presumably there was some response back to them that they needed to provide information or something like that and they haven't they went through the steps they have the last step is it requires resubmit with landscape and it says that the chain link fence shall be black shall be black or green vinyl coated and they have to do a head screening required okay and so they have that's that's the last that's the last thing that's the last thing yes as far as you know they haven't communicated with anyone in code enforcement saying they're working on it well i spoke to him pertaining when the case was going and he was going through the steps but i'm not sure pertaining to these steps what happened i believe the property owner is here thank you did we we got the motion to introduce the phone no yes yes all right thank you nobody asked no you have to do the motion uh for the new photos you guys didn't do it yeah i don't think we put the pictures in the five new exhibits yes mr chairman i believe we have moved motion to accept the five new photographs showing the current condition of the property second all in favor aye aye opposed thank you quick screen hi hi good how about you awesome um so is it my turn to speak so yeah on i think it was yeah he had said the name and contact information for the record please carson malarkey uh phone number please uh 916-212-8043 um so yeah on october 9th it was informed that i had a month to comply uh to get the permit if i didn't i'd be fined fifty dollars a day um at the end of that meeting i asked if i'm unable to reach compliance within that month am i going to be able to ask for the extension as the fence was already built and the permit process for you know it was just the owner bill their permit um and i had no experience getting that type of licensure um but so i'd ask if within the month whenever the the fines would start if i'd be able to talk to you guys and essentially get an extension i was told yes and so in the meeting the following month i will so in that following month i was using the the e-services service to do the permit application the whole time um the status had said under review and then under action it said no action um as we got closer to the start of the fines i was like what's going on eventually i saw an email saying from like a respondent resubmit service from a whole different service than the e-services which i didn't know was something that i had to apply through but anyway so i came back the following month expecting a chance to be able to talk and my case wasn't one of the ones on the list so i sat here for a little bit and then left um i then called the city and said hey i'm getting fined right now um what do i do and they basically just said that i had to wait until the next code enforcement hearing which the one on december 4th was canceled during that time i continued to try to get permitted um i responded resubmitted multiple times um i got like probably four responses in the review of them not understanding that the fence was already built um so i had to tell them over and over i got the property surveyed submitted the survey all that stuff they were still saying stuff like please um add this of the proposed fence and i kept the fence is already built like can somebody just come out and either inspect or do something um and then yeah i guess that's where i'm at right now i've just i've responded and resubmitted like four different times um i got it surveyed i don't really know how to continue i tried to do something to make sure that i wasn't accruing fines this entire time but there was really nothing i could do so i'm just not sure where to go from here so he's applied and all it says is he has to get the chain link fence is that from what it shows is through landscape and it says chain link fence shall be black or green vinyl coated and head screening is required that that's just one of the comments of like four different reviews there's reviews from from landscape from planning and zoning from i submitted the request to all the utilities that got approved um and found that the fence did does cross the border a little bit on one of the corners of the property so i don't know whether the procedure is to just pull it back tear the whole fence down and rebuild i just haven't really had anyone communicating with me as to what i need to do what is compliance apply apply receive a permit correct the the compliance will be to obtain a permit or remove the fence or remove the fence and i and i we can't give advice here but this is why we try to get the approvals beforehand because it does happen sometimes where people build things out of code now he's not accruing fines now is he he is yes yeah i've been accruing fines this whole time and that's why i called and they said that i just have to wait until the next hearing to be able to do anything so what's the total amount of accrual the city suggests to lean the property in amount of three thousand dollars three thousand and what's the daily fine right now fifty dollars per day the city's recommendation is the mean yeah lean continue the daily fine that's our recommendation i just feel like the disconnect between the code violation and the process that i have to go through to get permitted isn't really fair for example i'm getting fined fifty dollars a day while i'm waiting for responses from the city on the review and resubmit and it just doesn't seem like fair i don't know and had you been communicating with the code enforcement department as well throughout this process so they knew i was up i was up to a point but once i started the process of getting it permitted i mean code enforcement doesn't really have any say there you know i'm essentially just getting fined because i'm not in compliance while jumping through continuous hurdles trying to get a fence that's already built permitted and nobody in the permit department has been helpful essentially did you think you needed a permit before you built the fence um i asked chat tbt and it said that a six foot fence didn't need a permit um but obviously it was wrong so but it was uh the whole fence is built a code i took pictures of each footing um it's all six foot a lot of my neighbors thought it was professionally done um there was a straight cat problem and cats were going through uh the front and back and it helped that it also just makes the neighborhood safer and nicer as you can see the house looks a lot nicer in these photos than it did in the original ones um but yeah i have a question does this board have the authority to suspend the fine while he's getting compliance um you can't reduce the fine if he's not in compliance the the authority to reduce the fine is only available to you should he be in compliance and petition for reduction of fine which there's a couple of those cases later um the board can suspend or or freeze the fine pause the fine for for a period of time if you so choose which i think the biggest issue is when i first was told that in 30 days i would start accruing fines i specifically asked if i can't get it in compliance then will i have a chance to either get an extension or something i was told yes i tried to get in compliance by that date i didn't i come back to the meeting that next month my case was not one of the ones under discussion so i was just left in the dark essentially at that point fence that is being mentioned for the violation it was a pre-existing fence and you just no i built it okay there were no rotten sections or anything that you just replaced or yeah i didn't know nothing was there i tied in to all the surrounding fences assuming that those were surveyed and in the right locations and the way that the survey came back if i did install it to that boundary there's going to be like a six inch gap in between fences and animals are going to be able to continue to get through and so that's why i just tied it all the way through to my neighbor's back fence to make to seal up the yard well the fence that you put in is all the new lumber correct the grain lumber is was all it was already there correct so i just went right up to theirs i don't the city has the capacity to answer that and your expertise 30 days 60 days how much time would it take to get into compliance that's really a development services question um what i could do though is i could um reach out to one of the representatives or assistant director and try to see if they can get him you know to further explain or clarify to try to assist you know our goal is compliance right so to try to you know clarify and make sure he fully understands um what he needs to do within the code well i guess that's kind of where the gap is because the code is to come to compliance but compliance is to get a permit and there's no bridge between the code important code department and the permit department so i'm getting fined fifty dollars a day while i'm waiting for a response from the permit department right i understand i understand what you're saying what i'm saying is this is we're in code but i could try to help you get to where you need to be quicker right so once you get to compliance and there's other things that you can do regarding any fines okay um so okay let me see what you need to say first okay if we if we have any questions okay if i'm not sure if the board has any questions for we do have a representative from development services if any questions are necessary but why well we can't put him in contact with him and really sit there with him and hash it out we're just trying to help him get the compliance correct and i think if we knew a finish line because that's what we want to do right is give him a finish line and then go go after that if he doesn't get it you know get it correct approved and that's why i was suggesting to have a meeting where they can sit down i don't know if this is appropriate for him to hash that out here it's hard to do a motion correct so if your question if you would like him to answer how long yes my question would be we would have to swear him in please yes thank you by the authority vested in me as a notary of the state of florida do you swear and affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth thank you so um could you please state your full name and your position with the city good afternoon board my first name is thomas my last name is story i am a uh plan reviewer along with a inspector for the city of denry beach i was a previous code enforcement officer as well for five years and are you familiar with the processes regarding fence permits and landscaping i think that was one of the requirements in this case i am i am familiar with the process um i'm not sure if you're familiar with this particular case like one that's already built i guess i am not familiar with this particular case but for the process of this case i could answer yes so um i'm not sure if you've listened to the entire testimony i did okay and based on your experience within the department if we get some middles yes um how do you think this would be able to be accomplished within 30 days i believe ms jones was asking or what is the appropriate time so i think 30 days would be appropriate i did listen to what the owner stated um he did state that nobody from the building department has contacted him back i will state that's not true our contact is through the plan review comments so it's his responsibility to submit what we're asking for once he submits that we review the comments and it goes on to the next one so when he's saying nobody has called me back we don't call back we put our comments under the plan review it's on him on his responsibility to now look at those comments and correct them as needed but if a resident had questions about yes you guys will be more than willing to assist and make sure he understands correct it happens all the time yes okay thank you and this is something that can be resolved within 30 days this can be resolved in 30 days mr chairman uh my only thing is in regards to the daily fine that he's receiving uh it sounds like the owner has been attempting at least good faith to resolve this issue in the motion can we ask can we mention to freeze the yep for today okay so so it sounds like you want to freeze the freeze it and reset it for the next hearing or oh yeah i mean i think that'd be great i mean whatever your motion is i'm just i i'm not suggesting it i'm just saying if that's what you want to do we would request that you at least set it for the next hearing so we can track it the way you could accomplish that is to move to suspend the fine until the next hearing and reset this for the next hearing day i move to suspend the fines to the next hearing and then we can reset it in the next hearing day agenda second all in favor all right opposed perfect thank you thank you guys and mr malarca just so you understand the 3000 that you've already been fined still exists we haven't leaned your property yet but that's an outstanding fine um once the case is closed you can come back to us and ask that that 3000 then also be reduced okay okay and you can talk with the code enforcement officer about that process okay um what i need like in terms of reduction what is a prop a reasonable reason for though like should i look up the days in between recent responded resubmits and we can't i don't even think that they should i'm gonna sorry mr weckham but yeah we're kind of not appropriate for them to answer but what i will say is that you know once it comes into compliance all you have to do is just contact code enforcement staff and we will set it on the next available hearing so you can present whatever arguments you have okay for reduction okay okay perfect thank you perfect thanks guys thank you thank you mr story thank you case number five code 25 000 145 property owner is katie meckler property address is 110 southwest 9th avenue the code officer on the case is reggie williams good afternoon i'm code enforcement officer reggie williams this case was originally found to a to be a maintenance of building required violation on august 13 2020 2025 for damaged soft fit on october 9th 2025 the ruling was to correct the damaged soft fit within 30 days or a daily fine of 200 per day on november 12th 2025 a board order inspection was conducted and it was observed that the violation still existed on december 17 2025 i posted a non-compliance hearing notice at the property on november 14th 2025 non-compliance hearing notice was mailed first class certified mail and posted to city hall as of today january 8th 2026 the fine remains outstanding i have three new photos to introduce as evidence and one previously showed photo from the initial hearing this was taken august 13th 2025 and this was the photo shown pertaining to the initial hearing of the damaged soft fit exhibit one was taken december 17th 2025 and this was the posting of the notice to the property you can still see the damage soft fit in the photo as well exhibit two is the affidavit of posting that shows that it was posted december 17th 2025 exhibit three was taken december 31st 2025 and it shows the photo a photo of the damage soft fit chair i'd like to accept um exhibits one through three uh in case code 25 000 145 into evidence second all in favor aye all opposed picks are in city city suggests to lien the property in the amount of 12 000 and continue the daily fine of 200 per day how much per day 12 000 and 200 per day okay anybody for the property here is there anybody here for this case any contact with the property owner at the beginning it was hard to get in contact with her i finally was able to call her through pd police department they were able to find her they gave me her phone number i spoke to her once i left voicemails after that she never returned my calls after we had code board um october 9th i was able to email her to inform her of the situation and she informed me that she lost my phone number so she couldn't get in contact with me so i responded to the email i told her um about coming to code board she never showed up and then later on she boarded up the property because that was one of the other violations she boarded it up so that was closed but the damage saw fit she never fixed so i emailed her again with photos to show the damage off it she never responded so questions anybody is the property currently unoccupied yes it's vacant mr chair i'd like to make a motion in respect to case number code 250011 i'm sorry 000145 uh if i move for a finding of fact and conclusion of law that there is good notice that the violation continues to exist on the property uh that based on our previous order a fine amount of twelve thousand dollars be levyed against the property and the property owner and that the daily fine of two hundred dollars a day continue until the property comes into compliance the respondents shall immediately notify the code enforcement officer when the property is brought into compliance second second all in favor all right opposed motion passes thank you thank you thank you thank you okay we move to old business case number six twenty twenty four zero zero nine six nine three the property owner is casa tessa marina llc the registered agent is robert guarini property address is 60 palm square and the code officer on the code officer on the case is connor lee good afternoon board i'm here for the reduction hearing on april 10 2024 a code enforcement board found that a violation for the city code section 4.6 point 19 subsection f subsection one two two through two exists on the property 60 palm square delray beach florida the med the code board ruled that the property had 30 days to apply for a tree removal permit or a fifty dollar daily fine and on october 9th 2025 a code board moved to lean the accrued amount of fines for the property of nine thousand dollars or nine thousand and fifty dollars my apologies and as of january 7 2026 the accrued fines are nine thousand seventy nine dollars and eighty five cents and the property applied for the permit on october 3rd 2025 and the permit was completed and signed off on october 30th 2025 and this city suggests a maximum reduction of 25 percent or two thousand two hundred fifty dollars from the leaned amount of nine thousand and fifty dollars thank you this is a compliance photo just to show that they they came in compliance the tree was removed and they planted trees throughout um the property so it just just shows one of the trees that were planted so that was a remediation that was required you couldn't do anything more trimming it was that was all kind of work so you had to plant new trees yeah so he he's here he did come into compliance so i think he's just the property owner's here hello awesome good afternoon everybody um okay so i i did get the letter um for the prior um for the prior hearing there's a lot of history here because i dealt with delinda prior and um i did miss a hearing due to a family kind of emergency and um i sent an email that day but unfortunately the hearing came without me and no one got back to me so i kind of got the book thrown at me um but i've attempted many times to uh fix this situation um with emails i did speak to miss jerry prior the the property is a historic property um i ran into a few situations one starting with the landscaper i like to keep the property neat and you know looking beautiful um the landscaper unfortunately over trimmed a tree so it wasn't like i had garbage that i could have picked up or a banner that i could have taken down it was a living 40 year old tree um that was actually on the property line so part of it was um conversation with miss prior we were going to meet with the powers to be at the property and come to a resolution um unfortunately that never came into fruition i do have emails back and forth corresponding when can we make this work and so forth and it just we never got there um here's an attempt that i did try to make back in may 13th this is when i got the email rejection i didn't know to apply for a permit one it's extremely difficult i advise the city or maybe make a suggestion if someone wants to pay to help with that process it would it might do citizens a benefit and it would be a you know a pay for the citizens but help getting these permits is um challenging i would say but this was not um accepted this is my rejection letter because my property's in an llc i didn't know that i had to go through special hoops to to do that so i did attempt it if you want i could submit this may 13th um my my application is rejected my first one so i had that i did speak with people at the city i have numerous emails and again the only reason it took so long was it's a 40 year old banyan tree two things one it's on the property line so when they said to remove it i had another issue because then i would have to go on to my neighbor's property and i would have to ask him um then i found out from someone at the city that removal isn't technically removing the tree and the roots it's just cutting it to the stump so based on that communication misunderstanding um that took some time so we did i was actually here before i was in compliance prior to the meeting but again we were waiting on the process of the application so i've been in compliance for a long time i you know i have pictures here again if it wasn't a tree that i was trying to save its life due to a misunderstanding it would have been easily rectified um but you know i'm here at your forgiveness and i'd like to hopefully get a reduction on my penalty it was a misunderstanding and i'm sorry for that but i'm in compliance are you asking sir do you want to make a request of the board yes i would love to um you know if you could remove my fine i have made very good faith efforts throughout the process i had an email stating that i had a family emergency couldn't make the first meeting i've got emails going back to well my application was in may that got rejected and i've got emails with miss prior we actually had a great conversation i wish we were able to meet at the property because at that time again i would have known i didn't have to go get the roots and go on my neighbor's yard and dig it out so um pretty much a misunderstanding i've been in delray for 11 years never had an issue on this house for over six um you know pay taxes questions anybody what's the amount of the time 9 50. and this is all over trimming a tree not construction issues or trash or sewage issues just a tree that was not trimmed properly and the city's recommending 25 yep yes a total of or maximum of 2250 reduction reduction reduction it wasn't like a health hazard or nobody complained it was just i i wanted the tree to grow back and i've got a lot of communication and even some pictures that started to go back but it just unfortunately didn't make it and i planted four trees which was also very expensive to do by the way my experience related this is that sadly a lot of people come around trimming trees and you ask them have you are you familiar with the city of delray beach rules oh yeah sure we know all about it i said really you read all pages of the ldr that have to do with all the requirements in city for trees well no not really but we we understand what we have to do well to me that's a bad sign because the city is so intent on very proper tree trimming that the person that you hire to do the trimming claims they know what they're doing but they really don't the owner ends up getting penalized as a result so i have sympathies for you because we've been through many cases the same way and it makes it difficult for people that that's just a tree let's trim it a little bit and and you find out that yeah it was a misunderstanding you know i mean i'm sure the guy meant well he didn't intentionally overly trim it but um no part of the time was trying to let it grow back because it actually you know with the pictures it started to show some life and it started to look good and you know we gave it some nutrients and we gave it some you know special sod but uh they rarely come back but like i said it wasn't like neighbors said hey your tree's terrible and like it wasn't a banner that i could have easily taken down i i wanted it to grow back it's a historic property and i did the best i could and put 40 trees in i make a motion that we uh remove the fine of the nine thousand fifty dollars against the property and have the property owner make a donation instead of the city's recommended amount of 250 dollars to the city's parks and recreation you you can't you can't do that your your your entire your all your discretion is either to to reduce the fine to a certain amount you can't mandate that they make it it's funny to say that because when i got the first um notice i i came to the city i think it's mr glover and and we met and um i offered to make a donation to the city parks and recreation yeah so thank you motion to vacate the fine i think the gentleman's done everything possible to not only save the tree but replenish that tree with four new trees four new trees yes sir we we can use them wording much modify the resolution and the reduce penalty version of the write-up and just make a few changes of the word can't do i have a second second i'm sorry okay we should i want to do a kind of motion if that's possible i don't think the fine fits the pride please clarify the what what was the the motion okay all right i just wanted to make sure i i was clear on what was and i was in compliance by my last meeting here before the meeting so i i took it seriously and i you know have a lot of emails back and forth but if you want i could submit it to record although we i did get a motion and i did get a second so all in favor of the motion say aye aye aye so well if we okay we don't have the first discussion we don't want to discuss you can't ask us to discuss if we choose to discuss yeah i wanted to know if if we had discussion or i can do a counter motion um so i don't know how that works you can you can ask for discussion or you can ask for him to revise his motion um so you can you can you can basically propose a um in discussion a modification of this motion amendment to his motion your every motion is entitled to discussion if any member the board wants to have you you are entitled to discuss your opinion about this motion you're entitled to propose different solutions if you choose in the discussion as much i would like a discussion please um i i think in all fairness uh removing the penalty altogether sets an unjust precedent maybe in this situation moving forward i do a um support the reduction and maybe to three thousand dollars uh initially i was taking fifty percent um but i would meet the board if it agreed to it i paid some i paid over five thousand just to come into compliance yeah i did pay sorry i don't know what i can talk about so and um yeah my accountant would be to propose at least some of a fine we stopped at three thousand instead of the whole nine thousand kind of meet in between what the city's asking and what the owners is asking so we have to vote on his or can we do another discuss if the if the motion isn't changed or withdrawn by the person that proposed it then you need to to address that motion before doing anything else repeat the can we ask for a repeat of the parameters of that motion again please the motion is to completely remove the fine from this property i mean based upon the paperwork the gentleman once again due diligence called every person in the department emails has everything time of time stamped replaced the tree he tried to save with additional trees and yeah i just think there's bigger concerns for the city then and there were already on this guy's property there were already fines imposed in in the amount of oh you're asking me yes in the amount of right now there are fines in the amount of nine thousand fifty dollars and there have been there have been payments on that no no no there have not been yeah i just wanted to try to submit for an application that got rejected back in may and we're supposed to meet at the property even before that since april and um you know we were also trying to let the tree come back to life so like you know it was part of my thing it wasn't like a banner i could have just took it down it wasn't you know a hole in a fence that i could fix i was trying to nurture back a 40 year old historic tree on a historic property so that was part of my time lapse we gave it nutrients we gave it special sod it just um that was my first choice to preserve the tree we're still in board discussion are we still taking testimonies because we're talking about motion um i just wanted to go back on some of the facts that on april 10th 2024 that is when the code enforcement board found the violation and on october 30th 2025 that is when the permit was completed from inception to the end 18 months or yes yes that's i have emails going back to 2024 as well that's just in regards to the full portions on the floor yeah okay i move we do we have a second yes i seconded this motion so it's all in favor aye aye all opposed nay i'm not hearing the motion what was the motion please speak into regarding the case 2024-009693 vacate the fine of nine thousand fifty dollars and change on the property that has been actually the lien the lien i should say vacate the lien on the property for nine thousand fifty dollars i have a second yes and all in favor aye all opposed nay motion passes thank you everybody i appreciate it and thank you for helping me and i'll choose a better landscaper yeah that contribution i'll make whatever i drive by the thank you thank you it's meticulous thank you just hard with trees case number seven 2025-003-953 property owner is matten martins soramar llc the registered agent is soria soria martins the property address is 122 southwest 12th avenue and the code officer or the code supervisor that will be presenting the information is phil cartwright good afternoon code enforcement supervisor phil cartwright i'm here for the property 122 southwest 12th avenue this property was originally issued a notice of violation on april 23rd of 2025 the compliance date for that was may 25th of 2025 this property was originally founded in violation on august 11th of 2025 for work being done without a permit they were they were given 30 days to comply or a fine of a hundred dollars per day the permit was actually issued on may 25th of 2025 the permit was closed on december 16th of 2025 and there is an accrued fine amount of nine thousand two hundred dollars the property owner is here today seeking a lien reduction hi good evening members of the board my name is soraya martins um yeah i am a business owner on boston massachusetts and after a long a long way working very hard we decided to invest our hard money here in this beautiful city of delray beach and then we bought two properties on the 12 southwest 12th avenue and these two properties is the same like twins is 122 southwest and 126 and then on december december last year 2024 uh let me start from the beginning i'll i'll read my my note i think will be better okay as a business owner and through hard work we are able to achieve our american dream became make it became a reality after spending some time getting to know this beautiful the beautiful cities of our lovely state of florida we choose the ray beach as a place to invest our hard-earing money we purchase the truth property located at 122 and 126 12th avenue which are identical properties at the time we acquired these properties they had been neglected for a long period of time lacking proper maintenance and care in addition the residents at the time the residents at the time are not contributing to the safety cleaning linings or compliance with the basic stance of good coexistence expected in the city of the ray beach immediately after the purchase we invested out investing in storing the property in order to make this area clean attractive and visually present with our maintained landscaping and overall appearance we also made effort to select tenants who would comply with basic rules of coexistence respect and dignity one of one of the projects we implement was intended to prevent unauthorized individuals from entering the park area to engage in activity that we are we were not acceptable and to ensure the privacy and safety to our tenants this decision was made after observing that many of our neighbors have aluminum fences all with the height of five feet as can be observed for example out the properties number 134 136 116 118 and so on we mentioned here because defenses hate are required stands were entirely instructed to the company we hired this company we recommend was recommended by this neighbor who got the same company the company as us and we trusted that the company knows the rules and the basic stance as required by the city however as late discovered this document by the document submitted this by the city that the company uh the company name applied from the city was the precision custom we entire in we entered in the contract with this company in december 2024 and made an initial deposit of eight thousand two hundred and fifty dollars if with the permits it all the permits was included in our contract we complete the paperwork for the parents application in february 2025 however those documents were submitted one only for the unit 126 i have the proper idea here if you need this but the proper 126 we didn't know at this time that we need to submit the different paperwork for for the properties but then we submitted for the 126 and later in march in the same year 2025 then we was uh the company that we hired hired told us that we needed to submit it for the other unit that is in the question today 122 and everything then we handle correctly and compliance with the laws and regulations established by the city for the common good we do not reside in this city and since we live in boston we relied entirely on the company to manage the process on our behalf and we had a contract with this company to do so but i don't know why this everything get messed it out i don't know but as we process the entire process on the company then we believe they were knowledgeable about the compliance codes and requirement and would comply with them at no at no time did we have any intention of violation the codes and for this reason we paid all the parents related fees included in the contract we were taken by surprise and in this in inexperienced great is up experienced great disappointment when the violation come to our attention in late days of april 2025 we had no knowledge that the fences had been installed before the permits were approved my husband traveled to the city travel from boston to the city and went to the planning department in late days of april beginning of may i'm not sure the date exactly but he came here and we spoke with the planner jennifer bruce however there was no clear understanding regarding the reasons for the violation or how to proceed but on july 2025 july last year we got the permit for the property the same property on this 20 126 we got the permit to the defense five six five feet tall with the gates they gave us the permit and then we got the permit uh by three mail on the 7th of july we received this permit the permit was paid everything was clean but in july 10th we before the july of course we received the the letter to have a heating here on july 10th then my husband fry from boston here came to the heating when he got here i don't know why but was not clear what was going on and then this board made the the reset for the next meeting that was supposed to be on august 10th august 14 but at this time because we got one permit our contractor told that that everything was under control that we didn't need to come here to this meeting on august 14 then we didn't come trusting on him but then in september we received another letter through mail saying that we were still in violation and then we had another meeting regarding now just the unit 122 my husband fry here again came to the meeting in september but i don't know i i think was a left communication by department i am not sure and nobody can even he could understand what was going on i think my contract was the same and then but then my husband went to the planning department and then the same lady miss jennifer i think explained to him that the unit 126 got this permit by mistake one error was occurred by somebody bonded from the permit department who issued a permit from the unit 126 and this person get him get this permit for this unit and then he get retired that what was told us and because the other person who got the case uh he couldn't get as the parent for the the other unit 122 then that's the case that's still open the unit 122 126 was okay but 122 is still open then was a result uh they told us that we need to remove the fence from this unit 122 and if we want five feet fence then we need to get 20 feet i think 20 feet from i'm not sure exactly but it was 20 feet from from the street i think but then because the units are the same everything is the same we try to put everything beautiful and the same then we cannot do one side from one way and the other side the other way then we got confused but then she said if you want to keep the gate on the front can be just three feet and no gates actually just the fence and then nothing was resolved my my husband get a little bit confused not was not was resolved then i fried here then we had another meeting here on october i think then i personally came here on october and spoke with miss jennifer bruce again she was actually very helpful and guided me to her supervisor uh i forgot his name i i don't recall it unfortunately but he was very helpful and he brought me to his to his room and he showed me a picture like this on the computer and he said the unit 126 is all set it's all perfectly but you cannot you cannot have five feet fence on the front on the unit 122 uh we can allow you to put three feet then i spoke with then i say listen if i have one new unit five feet and another unit three feet will be will be not the same and that's what not what we are looking to make everything beautiful and the same then i i asked her if i take this five feet feet feet feet fence put it in the back and put a three feet tall on the front with no gate will be okay she said yes then they change in their computer they put for the unit 126 three feet tall then 122 three feet tall as well then we spend because our contractor i don't know what he did he never gave us every time we asked him he never knows what going on he never comes here i don't know i got a company that i i'd get disappointed with the company that's that's the truth i don't know if he did his work but i i don't feel he did but as a result we we needed to pay ten thousand dollars more for him to get this five seats five feet fence put on the back and install a new three feet fence on the front which he did and everything now is in the compliance but we we finished spending more ten thousand dollars in a fence to change everything and we don't need to put a fancy fancy fancy fancy in the front in the back but we finished doing this to make everything work then we spent ten thousand dollars more than we was expecting we finished uh spending a lot of money flying back and forth to show this is true we finished spending more than 15 000 that we was planning to do more a remodelation on the house to make it beautiful that's our intent to make everything beautiful and we like everything yes as in compliance with the city beautiful right the city is beautiful i love the city and yeah and now i'm here i fly all the way from boston we have snow over there today and you'll get this beautiful sunny here today but then i am here before you to ask if it's possible to reduce this fees and of course if it's possible to wave it completely of course i ask it from the bottom of my heart because actually wasn't our fault you never never never had the intention to broke any rules and we never had the intention to make anything throughout permits but i don't know why this this person who granted us the permit he was supposed to explain to us the process and i think because of this everything get more confused and even when we went to one department to another department they don't know what exactly was going on and i'm sorry if i got anything uh i i i didn't understand exactly the process and maybe my contractor didn't know as well i i can't speak for him i just can say that he disappointed me but he is here today if he wants to say he's part of the the story but that's my part that i paid a lot and i didn't get the the work done the way i supposed was was doing and i have all the papers here if the board needs to see something i'm not going to make a motion um i do with respect to case number uh 2025-003953 i moved on finding of facts the conclusion of the law that the evaluation no longer exists on the property and that the motion to reduce the the lien from 9200 to 3000 the respondent will have 60 days to pay the reduced amount or the lien will be revert back to the original um amount second second one favor opposed do we want to have discussion i see please if it is helpful under chapter 162.09 subsection 2b the state directs that the enforcement board shall consider the following factors in determining the amount of the fine there are three the gravity of the violation the actions taken by the violator to correct the violation and any previous violations committed by the violator that is the only direction that they give you can you repeat the three the three directions again please the gravity of the violation the actions taken by the violator to correct the violation and any previous violations committed by the violator those are the three that the state mentioned in the statute i guess i have just a question that maybe you know it's not really here has someone from who the building department who's responsible ever given them a closeout action on the work in other words it would amount to certificate of occupancy basically that was done and closed out on december 16th of 2025 so what is there now has been accepted as satisfactory thank you can the city attest to the communication with the uh homeowner instance of resolving this issue because it took what six seven months to resolve the issue the communication the code officer that had the case uh is no longer well this is in a different department but there was communication and notes within the case of talking to them on a regular basis there was communication i'll go the other communication i think you had a hand up behind you oh okay the other communication was with building services the permitting department whenever there are comments that that need to be addressed they leave that in the permitting section for them to actually respond it was just like the previous case those comments are there for them to respond to they don't make physical phone calls so if there are notes that they need to address it would be within um those comments on that section yeah the thing is we was not uh use it to to this issue and we let some some parts to our uh contractor uh to solve it but a ways we talked to him he said oh everything is under control no worries um then we was get very very surprised when the last time i came here we fight out the way from boston here me and my husband uh was in october and we we got a letter that we had this the same heating supposed to be in october then when we got here we wasn't on the schedule but at this time we found mr enrique mr enrique who oh mr enrique he who was the one who helped me and then at this time he told us about the fine then we get very surprised because we wasn't expect this fine and then he told me this fine was just getting bigger but we was all the time trying to communicate try to solve we we went to different departments but uh we didn't get the explanation i think the all the the confusion is start when they get the permit for one of the units and they didn't get the permit for their own their units they can't explain to us till september when miss miss jennifer could explain to my husband was the first one who explained to him exactly what was going on because nobody can nobody can explain what exactly was going on why they could we was in violation they couldn't give us the permit for the other unit as a reminder this is the case where they had multiple units that were close and then somehow they applied for one permit on one side and then permit wasn't done on the other side so it appears that it took some time after they were found in violation to come into compliance i i mean i don't you know just for your freshman mr wagner told you what the um qualifiers are for considerations and one of the things that you know the ability of staff to put time and effort into these cases as well so i don't want that to be missed on the board as well i'm sorry but uh i'm just complaining about uh not complaining i'm sorry uh making a compliment on the uh but we tried but the thing is that the because of one permit was issued and another one wasn't nobody could explain to us why in also nobody could explain to us how to fix it that why this get this long we came here i think five or six different times trying to to fix it we did our effort we did our best to get this in compliance before this get this long but wasn't in our powers to do so i'm sorry i think the motion we have to vote i'm i'm fine with admitting my motion if i heard what the board said but the board hasn't really had a discussion about it i'd love to hear what the rest of the members i feel like even if three thousand were a little on the high side i would maybe do a thousand less but i'm comfortable with whatever the board wants to do i do think you know massachusetts or no and permits are required pretty much everywhere it is difficult being a landlord from a distance but part of that job is monitoring your contractors making sure they're doing what they're supposed to do so i am sorry which i should do so bad lord thoughts are it it's just how old is the new software that the city switched over to for doing permitting or i think the cutoff date was back in july no is it a fairly new program oh no it's very old like with regards to online harmony yeah that's been going on for a while didn't they just update a system something has recently changed we can ask development services but delray beach is years behind the other local cities okay has been is the software relatively new because it seems like a lot of people that come in i hear the same thing i'm having an issue with the software i'm having an issue communicating i understand how the software works like there's no interaction person to person it's all done via comment section because i'm going through something similar but it seems like everyone that comes in it's i don't think they're all you know gathering and reading from the same script but there seems to be lack of experience with dealing with it from a lot of people from what i see that's why i was just asking because that itself could prolong somebody looking to come into compliance if they're not understanding what they're looking at or how to deal with it on a you know case-by-case basis professionals probably whip through the software but the average homeowner might just hit roadblocks i don't know that's what i was asking i'm on the recommendation of mr lu i'm i'm able to um amend my motion change the amount from 90 to the reduction from 9200 to 2000 dollars and that um still have 60 days to pay the amount or revert back to the original do i have a second second all in favor aye opposed motion passes thank you thank you thank you thank you take a motion to adjourn motion to adjourn motion to adjourn second there's there's there's there's there's