I hereby call this meeting to order. This is the Code Enforcement Special Magistrate for the City of Delray Beach. Cases will be heard in the order in which they appear on the agenda, unless we otherwise note it. When you hear your case called, go ahead and proceed to the podium over here on my left hand side. The City will put on its 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 can present your own testimony and evidence and then I will make a decision. This is a quasi-digital hearing, which means the formal rules of evidence do not apply here. However, all testimony is taken under oath, under penalty of perjury. So I'm going to ask if you plan to testify today, or you think you might testify, or there's a possibility that you might testify, I'd ask that you rise and raise your right hand so that 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 are about to give is the truth, the whole truth, and nothing but the truth? Yes. Thank you. Consent agenda. Requesting approval of the consent agenda as written. Approved. All right. I have the minutes of the 21st, May 21st and September 3rd. They are hereby approved. Thank you. And the City can call their first case. Thank you. Case number one, code 26, 0001047. The property owners are Bisoniste and Willow D. Hillier. The property address is 3424 Boulevard, Chatelaine. And the code officer on the case is Chantelle Jean-Baptiste. Good afternoon. I believe Ms. Baptiste advised me that this particular individual may need an interpreter. So if we can get an interpreter, I believe it's Creole interpreter, if you could swear in the interpreter, Madam Clerk, and then if we can restart and call the case over so that the property owner understands. Thank you. Absolutely. Do you swear or affirm that you will translate a fair and accurate interpretation? Yes. Thank you. And may we have his name, please? His name is Officer Rubenson Dijaden. Thank you. So let's do this again. Officer Rubenson Dijaden, do you swear or affirm that you will translate a fair and accurate interpretation? Yes, I do. Thank you. So let me recall the case. Case number one, code 26, 000. I'm sorry, code 26, 001047. The property owners are Bisoniste and Willow D. Hilaire. The property address is 3424 Boulevard Chatelaine. And the code officer on the case is Chantelle Jean-Baptiste. Good afternoon. Wait, can you interpret that, please? Thank you. Well, your name is Chantelle Jean-Baptiste, code enforcement officer for the city of Derry Beach. Good afternoon. My name is Chantelle Jean-Baptiste. I'm going to tell you, I'm going to present the document here. The property 3424 Boulevard Chatelaine was issued a notice of violation on August the 17th, 2026. Service was accomplished by certified and regular mail on August the 20th, 2026. Service was completed in August the 20th, 2026. In addition, both the property and City Hall were posted on August 21st, 2026. An affidavit of posting is attached in this case. I have been in contact with the property owner. This property was cited for 4.6, 4.6, .13, subsection A, subsection 2, commercial vehicle complied on September 21st, 2026. September 21st, 2026, and the property was cited for 2.4, .13, subsection B. The property was cited for 2.4, .13, subsection B. The property was cited for 2.4, .3, . Building permits were applied on September 29th, . September 29th, . September 29th, . September 29th, . September 26th, . September 26th, . September 26th, . The property has not come into compliance. . I have seven photographs of the property to this case that I would like to introduce into evidence. The city is axing for an additional 30 days. which will be October 31st, 2026, . For them to come into compliance, . If they do not come into compliance, . Then the city is axing for $100 a day . . Until compliance is achieved . I would like to introduce these seven photos as evidence. . Exhibit 1 . Photo taken of the property on August 7th, 2026 . Showing a commercial vehicle park and residential zoning . As well showing a driveway, unpermitted driveway, extended driveway. Exhibit 2 . Is showing the full property photo was taken of Google Map, March 24th, showing proof of the paver and extension of driveway . Without a building permit. . Exhibit 3 . I posted on property on August 21st, 2026 . Exhibit 4 is an affidavit of posting . Exhibit 5 is a re-inspection of property on September 21st, 2026 . Exhibit 5 is a re-inspection of property on September 21st, 2026 . Exhibit 5 is a re-inspection of property on September 21st, 2026 . Where the commercial vehicle was removed and is still showing the driveway work . Exhibit 6 is a second photo taken from the street view on September 21st, 2026 . Exhibit 7 is a non-compliance affidavit . Exhibit 7 is a non-compliance affidavit . These are my 7 photos I'm introducing . Exhibit 7 is a non-compliance affidavit . Exhibit 7 is a no-attestar . The lively mass affidavit . ? Exhibit 8 is a moje Cannes called Circle by esther . Exhibit 7 is a non- electrometính affidavit . Is there aarte ? Exhibit 7 is a soldier ? Exhibit 7inee a soldier Italian . Episie sands calli would comer , Exhibit 7 is a soldier . Exhibit 7 is a soldier . Exhibit 7 is a soldier , Exhibit 8 is a soldier . I'll let you ask your questions, but first I have to know if you object to the photographs. Yes, I would like to talk on behalf of those. I'm going to admit the photos. Exhibits 1 through 7. Okay. You can tell me what you want me to know. Officer Shente, can you please go to exhibit number 1, please? Sure. This photo shows that on the same date that we're showing, we comply or we remove the vehicle and that's it's date. I did mention they comply with removing the commercial vehicle. Yes. Yes. Okay, next one, please. The next one, please. This photo, that we have never, we've done the driveway. Before that, it has cracks in the driveway. We're just doing some minor repairs and we just made it. But we don't put it. We're just doing a minor patch. We're just doing a lot of work. no panel package will end the game the machine a nabaki adla leno is a fully back the lapiton bell if you're too not effective in a city till bad bone women devine espécial man depose question si okabam chance buffet de titlas de covo couch you know pas c'est pour parfait la boue et pio did we make the pattern to fail a people say you didn't want to go to confirm Tico big am fin do I'm defective la full cup holiday they've been deposited by the book if I jammed in my own cobat boom saggy and they pass it yes okay now if you could please like say verbatim what she said we can't summarize the translation if you need her to repeat it ask her to repeat please thank you we never we done the parking we never did any type of you know destroy it till we do it we already have some cracks in the middle of it no fair on design enough a lot of it rest to coconut a boucher too crazy we were just trying to we were just doing a little design a small minor repair have a cool like it a devil Tyler Selma and also would include it with the car in front of the house they won't get sake are they there okay and the date that you see showing and in the picture city tomorrow didn't meet it will be not the backyard I meet a different popular the the city and from us we can only place the trailer and the wheel of the roofline behind the roofline then I think they'll save well I'll dare if a lab with a mood yeah when it's raining is you know we have a lot of mold probably both and and by the dirt area no they don't have to summarize okay they've been you your fem film come on the tracet fell out there amity deal I understand what is it they're too like they really know where you fell yeah she said that she came to the city and they told her she she'll be okay to do what she did basket a fun the new fell you met a papi a you didi babo note a fell out of the consa or she said that the petition or whatever you see you see in that picture right here we did it before and the city told us it was okay they're not sure not a fell out of the couvert to Zeppina mita you didn't know say can't I know fell crossa you would really know no fell John you see me okay but she just really did so she said that according to this city statement they inform her this is okay back on me let me live in the papi and demand a exactly my kiss a boom fin when when I serve the violation and I I was asking specifically what need what needs to be done get it in front of me past game bad don't pay me get really they didn't fell yeah and they get from me to to obtain a virgin permit I wanted to hire a general contractor also on his license so they can help me with the process that's why it took me so long to comply with the time frame that was given from the city as of right now I have someone is licensed someone is capable of helping me with the process and I would like to ask if the city can grant me some time so I can you know how much time does she need okay thank you ma'am I have consulted with the code enforcement officer and supervisor and the city is willing to change our recommendation to 60 days okay so do you guys want me to just start with the permit process or start with the driveway and she she would like to know everything from scratch so the code enforcement officer can discuss compliance with her but she would definitely have to pull a permit for any work that has already been done okay okay in case 26001047 case I make the following findings of fact in law I make the following findings of fact in law notice is sufficient the properties in violation of section 2.4.13 subsection B I give the respondent 60 days to come into compliance which would be 11 30 26 or a fine in the amount of $100 per day may issue thank you for coming in thank you case number two code 26 000897 the property owner is platinum real estate holdings inc the registered agent is amer rostone the property address is 135 north congress avenue the code officer on the case is supervisor joseph oliva however the case will be presented by aaron kester good afternoon my name is aaron kester code enforcement officer intern for the city of delray beach I'm here regarding the property at 135 north congress avenue the property received a notice of violation on september 14th 2026 for the for the following code 2.4.10 subsection a subsection 1 site plan modifications the property was given 15 days to initiate an application for compliance with the violations a reinspection was conducted on september 30th 2026 and the property was still not in compliance service was accomplished by certified and regular mail and posted to city hall on september 14th 2026 in addition the property was posted on september 14th 2026 directly an affidavit of posting a mailing and a first affidavit of non-compliance is attached to the case I have not been in contact with the owner of the property the property was cited for 2.4.10 subsection a subsection 1 site plans for modifying the site beyond the original planned site clearing and as of nine as of september 30th the property has not come into compliance I have attached nine photographs of the property to the case I would like to introduce into evidence thank you I do have a couple of questions for you so just just to be clear on for this property no development or approved site plan has been approved for this property correct correct so it was previously a vacant lot yes and this was brought to your attention by the development services department correct okay so when we go through the photos we'll see the progression of no no improvements or items on the property initially to what's on there now correct correct all right so let's start with the exhibits okay so exhibit one is the property via pictometry from the year 2021 showing the property before it was cleared the property then obtained a permit for demolition to clear the property pictometry image exhibit number two is the property in 2023 and showing the improvements that were made to the property without a site plan they have piles of materials as well as equipment on the property as well as fencing they have no and to date they have no site plans that are on file with the city okay thank you exhibit three is from the investigation when we visited the site you can see the the material piles from this image as well as some of the equipment and the fencing exhibit four is another shot of the property from a different angle and if you can go back just to be clear so what am i sure what we're looking at that structure in the back is not on the property correct the the towering structure yes appears there is on the property okay so they also have a structure that was placed on the property you said materials okay thank you correct is this paved the interior of the lot as you can see in exhibit six is not paved it is just cleared and there's basic material on the ground that is appropriately covered but not you know to site plan and you can see clearly in in exhibit six the the structure that they put on the property as well it's kind of a it's a cement 16 wheeler that has been propped up on its short end i believe it's for mixing cement but i do not have expertise in that area exhibit seven is the posting of the property from august 18th 2026 exhibit eight is the affidavit of posting and mailing and exhibit nine is the affidavit of first non-compliance i would like to introduce these nine nine photographs into evidence for the case is anyone here on behalf of the respondent seeing no one without objection will admit those photographs and we do thank you and then we do have a representative from our development services department miss rebecca um desari if you have any questions yeah i i guess with the demolition permit what were they allowed to do and what did they do here that they shouldn't have done so good afternoon i do not have the details of the demolition permit in front of me but that would have only approved them to do any tree clearing or things like that any positive work such as the construction or the installation of the tower or the parking area none of that would be allowed and furthermore the use itself was prohibited when they did the work uh it wasn't until may 5th 2026 that the use was added as something they could even submit permits for so based upon your view of the evidence here and the what they're engaging on in this property would require a a site plan yes a site plan and conditional use approval as well as a waiver for relief from the distance separation requirements that are in the land development regulations that can all be submitted uh together and reviewed together okay what is the city seeking here the city is seeking an additional 30 days to apply for 180 days to obtain an approved site plan and conditional use which would be on october 31st 2026 to apply and april 13th 2027 for them to come into full compliance with the permits and rate and conditional use is asked for if they do not come into compliance the city is then asking 250 a day until compliance is achieved you said 30 days and 180 days yes yes was we you know we understand this process might take some time with the conditional use and in the site plan and as described by miss desari but we at least want them to get an app a sufficient application and i have 180 days at 330 you said in april let's see november december march march march thank you sorry my apologies no worries just want to make sure i get it right all right in case 26 000897 i make the following findings of fact in life i notice is sufficient i find the property in violation of 2.4.10 a1 site plan application required the respondent is engaging in behavior clearing and use of the property that requires a site plan i give the respondent 30 days to apply and 180 days to obtain an approved site plan or a fine in the amount of 250 dollars per day may issue 30 days from now would be 10 31 26 and 180 days would be 330 20 27 thank you thank you case number three code 26 0 0 1 0 1 2 the property owner is andrew golden property address is 656 eagle drive and the code officer on the case is randall strong good afternoon code officer randall strong here for case number 26 1 0 1 12 for the property that is 656 56 eagle drive for a landscape of maintenance violation service was accomplished by certified regular mail sent on august 12 2026 the green card was not signed in addition both the property and city hall were posted on august 13 2026 an affidavit of the portion also is included in the case files i have not had been in contact with the property owner as of yet three attempts to uh to say on the property was cited for landscape violation i went for landscape maintenance on august 9th on august 9th 2026 uh i myself observed a property needed a maintenance of landscape which is a violation of 4.6.16 subsection 1 subsection i1 as of september 30 of 2026 the property has not come to compliance i have seven photos of the property i would like to introduce do we have anyone here is anyone here on behalf of the respondent andrew golden exhibit one depicts uh taken on august 9th 2026 uh this is a wide view of the property as you're showing our dead palm farms and just overgrown landscape and vegetation exhibit two depicts the same thing uh taken on august 20 august 9th 2026 a wide view of the property street view uh shows the uh overgrown palm trees and grass exhibit three taken on august 9th 2026 the pits similar the same thing as exhibit one and two uh exhibit four the pits uh taken on uh august 13th 2026 this is the posting of the property exhibit five is this is an affidavit of the posting of the emailing for the property and exhibit six the pits uh taken on um september 15th this is a uh non-compliance photo of the property and the exhibit seven is the affidavit for the non-compliance didn't look like there was any effort to clean this up did you see any effort to uh at least get started here no like i said i had um contact or tried to contact the owner at least about three attempts so no effort as of yet for the record i'll accept an evidence exhibits one through seven what is the city asking for here uh see that's for 30 days for compliance if not a 50 dollar fine 50 daily fine for non-compliance do you believe that 30 days is sufficient amount of time for the respondent to bring this into compliance yes say 15 but i give them 30. okay all right in case uh two six zero zero one zero one two i make the following findings of fact and the life i notice sufficient i find the property in violation of four point six point one six i one the landscaping is overgrown and not maintained respondent has 30 days to bring the property in compliance or fine up to fifty dollars per day mesh thank you case number four code 26 zero zero one zero four four the property owner is jhb florida properties the property address is 428 east atlantic avenue and the code officer on the case is reggie williams good afternoon my name is reggie williams code enforcement officer for the city of delray beach i'm here regarding property 428 east atlantic avenue case number code 26001044 the property was issued a notice of violation on august 16th 2026 service was accomplished by certified regular mail and posted to city hall on august 19th 2026 in addition the property was posted on august 18th 2026 an affidavit of posting and mailing and first affidavit of non-compliance is attached in the case i have not been in contact with the owner of the property this property was cited for building permits for making unimproved and unpermitted modifications to the property by removing a non-barrier existing wall and replacing with a storefront as of september 30th 2026 the property has not come into compliance i have attached seven photographs of the property to the case that i was introduced to evidence exhibit one taking august 11 2026 shows the storefront and uh at the property exhibit two taking august 11 2026 is a zoomed in photo of the storefront and you can see um people inside working as well exhibit three is a screenshot from google maps that shows the original uh before the modification of the store of the property in the front of the property is it before taking august 18 2026 is the post it's the uh notice of violation posting exhibit five is the affidavit of posting and mailing is it six it taking september 20 2026 is my re-inspection that and that shows that the storefront is there there is it at seven is my first affidavit of non-compliance thank you and just just to be clear i believe you said you testified earlier that there were some interior alterations yeah from the working inside yes right so you when you were on site you i mean i know that it's like a glass yeah but when i was there i could see the gentleman it was multiple gentlemen working inside as well they did apply for a permit uh june 11 2026 but they didn't continue with the process of submitting any documents to start the process for the city to um expect whatever they need to uh respond to so they just applied and that was it and they didn't respond to any they didn't they didn't submit any site plan or any documents that the city needs to look over for them to start the process and that's still outstanding yes thank you so right now it just says the status is pre-screened corrections that's it and it's been it's been showing that since june 11th 2026 thank you and if we could introduce those into the exhibits into evidence please is anyone here on behalf of the respondent jhb florida properties llc seeing no one without objection will accept the documents and photographs and evidence what is the city seeking the city is asking for an additional 30 days which will be on october 31st 2026 for them to come into compliance if they do not come into compliance then the city is asking for a hundred dollar daily fine until compliance is achieved madam clerk i would like to restate the the property information just for the record the property the property owner is jhb florida properties llc the registered agent is james h batmasian and the property address is 428 east atlantic avenue just wanted to make sure that was on the record as stated correctly okay and you believe 30 days i'm sorry officer williams you believe 30 days is sufficient amount of time for them to bring this into compliance yes and based upon your observations of the property of the work being done on the property is work that would require a permit yes all right in case 26001044 i make the the following findings of fact in life i notice is sufficient to find the property in violation of 2.4.13b work being performed on the property requires a building permit you either respond that 30 days to come into compliance or fine of up to 100 per day measure thank you case number five code 26 001 107 the property owner is rosebud gray shops llc the registered agent is cm rack inc the property address is 259 northeast second avenue and the code officer on the case is reggie williams good afternoon my name is reggie williams code enforcement officer for the city of dairy beach i'm here regarding property 259 northeast second avenue case number code 26001107 this property received a courtesy notice on august 24th 2026 for maintenance of building the property was given five days to comply with the violation an inspection was conducted on august 30th 2026 and the property was still not in compliance a notice of violation was issued on september 10th 2026 service was accomplished by certified regular mail and posted to city hall on september 14th 2026 in addition the property was posted on september 11th 2026 an affidavit of posting and mailing and first affidavit of non-compliance is attached in the case i have been in contact with the business business manager this property was cited for containers to be covered and maintenance of building for not ensuring that all garbage and trash containers are kept tightly covered the a grease receptacle needs a secondary containment unit and needs to be cleaned as well as the pavement near the grease receptacle and all exterior storage of cones mats mop buckets mops and metal cylinders needs to be removed as of september 30th 2026 the property has not come into compliance i have attached nine photographs of the property to the case that i would like to introduce into evidence just i was going to clarify yeah go ahead just to clear just to clarify for the containers to be covered that came into compliance so we're only here for maintenance of building so what is outstanding outstanding is going to be well i'll explain through the photos okay present your photos all right thank you exhibit one taking nine august 19th 2026 shows the grease receptacle that doesn't have a secondary containment unit you can see all the loose mop heads mop sticks mop bucket the metal cylinder this is the uh the grease receptacle that needs a secret containment unit that goes underneath the metal cylinder the mop bucket the loose mop heads and then here in the corner you can see a cone exhibit two taking august 19th 2026 shows the the opposite side of the grease receptacle where you can see the loose cones and you can see another metal cylinder right here because i'm pretty i'm assuming it's a beer keg exhibit three taking august 19 2026 it's just a zoomed in photo to show the grease receptacle that needs cleaning you can see like i'm assuming like dried up grease and dirt that accumulated that needs to be clean is it before is the courtesy notice that was issued to the property taking august 24th 2026 is if it five was my re-inspection of the courtesy notice taking august 30th 2026 that shows the loose mats the metal cylinder the cones the mop bucket and the loose mop heads as well as the the grease receptacle that needs the secondary containment unit and to be clean is if it six taking september 11 2026 is the posting of the notice of violation is it the seven is the affidavit of posting and mailing is if it eight is my re-inspection that shows there's no secondary containment unit for the grease receptacle it wasn't cleaned you can see the cones the mop bucket and the metal cylinder is it nine is my affidavit of non-compliance i would like to introduce these nine photographs into evidence so anyone here on behalf of the respondent seeing no one without objection exhibits one through nine are hereby admitted the city is asking for an additional 20 days which will be on october 20th 2026 for them to come into compliance if they do not come into compliance then it the city is acting for a hundred dollar daily fine until compliance is achieved how many days 20 oh 20 yes for the 21st oh the 21st yes sorry thank you so let me go back to my question then what's outstanding here i'm at is it so it's going to be maintenance the building and it's going to be for the they need to get a secondary containment unit for the grease for the grease receptacle right here they need to clean it they need to remove the uh cones this metal cylinder in the mop bucket i spoke with the business manager of the uh of the business and i explained everything to her in person and she said she was going to have her employees move everything but obviously when i did my re-inspections they're still there she said she was going to order a secondary containment unit she she didn't she didn't order anything and then they still have the loose stuff outside as well you don't know if she ordered it or not right well i don't know but by going back it's not it's not not there as of the re-inspection as the re-inspection which was september 30th yeah i mean i think most of what can be done here can be done pretty quickly the secondary containment unit that might take a little bit of time why don't we make this 30 days just to be just to be clear here um all right so case 26001107 i make the following findings a fact in life i notice it's efficient if i'm proper in violation of 7.8.3 which is the maintenance of buildings specifically the containment unit needs to be cleaned and a secondary containment unit needs to be part of that and also the other debris and things that are post that are out there that the code officer mentioned need to be removed i'll give the respondent 30 days or until 10 31 26 to come to compliance or find up to 100 per day mish thank you case number six code 26 001 109 the property owner is rosebud ray shops llc the registered agent is cm rack inc and the property address is 263 northeast 2nd avenue and the code officer on this case is reggie williams for this property just to clarify they came into compliance for the containers to be covered this is a neighboring property yes well it's the same parcel it's just that there are separate locations on like separate businesses but it's all on the property it's not a separate property good afternoon my name is reggie williams did you have a question whose property does the oil container and the mops whose property is that that's for 259 the one the previous photos was all 259 northeast 2nd after but i guess he's asking who maintains it if it's all in the same property is everything on the parcel is that your question well i'm trying to understand who's you know somebody has to be responsible typically you're responsible based upon your i mean the way code enforcement works right is what's on your property you're responsible for so for the the grease receptacle and for the uh the outside storage is the business manager or the business the person that owns it gotta be the property gotta be the property owner yeah okay i mean they you know they they may have a contract with whoever's leasing their property to maintain that but code goes to property owner well code could be the business it's just the the separate issue is the lien if you look at 162 the violator can be a business or the property property owner who was whoever is in possession of the property at the time now i guess that that would be depending on who we noticed but the way we noticed it it's noticed to the property owner so that's who we're going after for the violation all right why don't you present your case and we'll see where we're good afternoon my name is reggie williams code enforcement officer for the city of dairy beach i'm here regarding property 263 northeast second avenue case number code 26 000 1 1 0 9 this property received a courtesy notice on august 24th 2026 for maintenance of building the property was given five days to comply with the violation an inspection was conducted on august 30th 2026 and the property was not in compliance a notice of violation was issued on september 10th 2026 service was accomplished by certified regular mail and posted to city hall on september 14th 2026 in addition the property was posted on september 11th 2026 an affidavit of posting the mailing and first affidavit of non-compliance is attached in the case i have been in contact with the business manager of the property this property was cited for containers to be covered and maintenance the building for not ensuring that all garbage and trash containers are kept tightly covered the grease receptacle needs a secondary containment unit it needs to be cleaned and and exterior markings on the building needs to be cleaned as well as the pavement near the grease receptacle as of september 30th 2026 the property has not come into compliance i have attached eight photographs of the property to the case that i would like to introduce into evidence and just for clarification this particular violation for the maintenance of building which is still left that was initially observed on august 19th that was a courtesy notice yes right that was you noticed it like that's when you first saw the violation yes correct okay so i know we had a different case on the same property for a separate maintenance of property that was noticed on august 30th correct no that was they both were noticed august 19th the re-inspections were august 30th i thought they were separate violation dates that's why i was asking thank you exhibit one taking august 19 2026 is showing that the degrees receptacle that doesn't have a secondary containment unit exhibit 2 taking august 20th 2026 shows the grease receptacle without a secondary containment unit and you can see from the photo like the i just want to say it's like oily oily stains in the photo which is why i recommend it that's why the the violations was for a secondary containment unit because from you could tell from here yeah you can see the yeah it's not just water so it's i don't want to assume but you can see it's it's oily looking exhibit three taking august 24th 2026 was the issue courtesy notice is it before is my re-inspection of the courtesy notice taking august 30th 2026 that shows the containment the secondary containment is not on the grease receptacle is if it five taking september 11 2026 is the posting of the notice of violation is if it six is the affidavit of posting and mailing is it the seven was my re-inspection taking september 27 2026 that shows the grease receptacle does not have a secondary containment unit is it eight is my first affidavit of non-compliance i would like to introduce these eight photographs into evidence anyone here on behalf of the respondent without objection so admitted this is a different grease container than the other grease container that's lovely going on back there huh yes any attempt to bring this into compliance any contact uh i spoke with this the property uh manager for the restaurant and it was the same she said she was going to look into it and i showed her a photograph of what a secondary containment unit looks like and she took a photo of it so that she'll have have it for uh for evidence that was on that was on august 30th 2026 when i went back to do my re-inspection it's the only real issue remaining here is the cleaning up that mess and putting in a secondary yes because it's the avoid the obviously the i don't want to assume but yeah from the photo we don't want oil getting into the water the city is asking for an additional 20 days which would be on october 21st 2026 for them to come into compliance if they do not come into compliance then the city is asking for a hundred dollar daily fine until compliance is achieved all right for consistency sec i'm just going to make it 30 days in case 26 001109 i make the following finding a fact in life i notice is sufficient to find the property in violation of 7.8.3 specifically the secondary containment and cleanup of the oil containment responded as 30 days to come to compliance or a fine of 100 per day my issue that would be 10 31 26 thank you case number seven code 26 001 120 the property owner is 11 30 west atlantic avenue llc the registered agent is amjad hamad and the property address is 24 southwest 11th avenue and the code officer on the case is reggie williams good afternoon my name is reggie williams code enforcement officer for the city of dairy beach i'm here regarding property 24 southwest 11th avenue case number code 26 001 120 the property was issued a notice of violation on september 13th 2026 service was accomplished by certified and regular mail and posted to city hall on september 15th 2026 in addition the property was posted on september 14th 2026 an affidavit of posting and mailing and first affidavit of non-compliance is attached in the case i have not been in contact with the owner of the property this property was cited for landscape maintenance for a dead tree on the property as of september 30th 2026 the property has not come into compliance i have attached six photographs of the property to the case that i would like to introduce into evidence exhibit one taken september 1st 2026 shows the dead tree on the property exhibit two taking september 8th 2026 shows the tree still on the property the dead tree still on the property exhibit three taking september 14th 2026 is the posting of notice of violation exhibit four is the affidavit of posting and mailing exhibit five taking september 30th 2026 is my re-inspection that shows the dead tree still remains on the property exhibit six is my first affidavit of non-compliance and i would like to introduce these six photographs into evidence is anyone here on behalf of the respondent see no one without objection i'll accept those documents and evidence the city is asking for an additional 14 days which will be on october 15th 2026 for them to come into compliance if they do not come into compliance then the city is asking for fifty dollar daily fine until compliance is achieved officer williams do you believe 14 days a sufficient amount of time for them to remove the tree from the property yes you had any contact with the owner at all no all right in case 26001120 i make the following findings of fact in law i find notice sufficient i found the property in violation of 4.6.16i1 specifically the dead tree on the property respondent has 14 days to bring the property in compliance or a fine of up to 50 dollars per day we'll issue 14 days would be 10 15 26 or 10 16 right no 10 15 10 15 thank you case number eight code 26 6-0-0-1-0-4-3 the property owner is joseph gelder and evans muis the property address is 12 18 southwest 22nd avenue the code officer for the case is travis jinx however the case will be presented by code enforcement supervisor latoya thompson thank you good afternoon i'm code supervisor latoya thompson with the city of delray beach i'm here presenting on behalf of uh code officer travis jinx i'm here regarding property 1218 southwest 2nd avenue case number 26-001043 this property was issued a notice of violation on august 17th 2026 service was accomplished by certified regular mail and posted to city hall on august 17th 2026 in addition the property was posted on august 17th 2026 an affidavit of posting and mailing and first affidavit of non-compliance is attached to the case travis have not had contact with the owners this property was cited for 2.4.13 subsection b building without a permit alterations to the property an extended patio as of september 19th 2026 the property has not come into compliance there is eight photos attached of the property that i would like to introduce into evidence exhibit one taken on august 16th 2026 is a wide shot of the property exhibit two taken on august 16th you can see right back there some work being done is that an addition structure addition addition yes ma'am okay thank you exhibit three shows the same it's a wider shot showing um a right angle taken on august 16th of the addition on the property exhibit four taken on august 17th is the person of the notice of violation exhibit 5 is the affidavit of posting exhibit 6 taken on september 19th is the re-inspection photo exhibit 7 is a close-up taken on september 19th of the re-inspection and exhibit 8 is a non the first affidavit of non-compliance the city is asking for additional 30 days which will be on october 31st for them to come into compliance if compliance is not achieved the city's asking for a hundred dollar daily fine until compliance is achieved hi can you tell me your names please my name is judy avril and this is galida joseph and what's your relation to the property sir family friends and realtor i'm sorry family friends and realtor and she's the property owner correct and where is uh what is evans mr evans is not available today all right do you have any objection to the photographs or documents none at this time all right we'll admit those into evidence as exhibits one through eight so tell me what's going on uh we submitted a permit on the 19th actually on the 14th uh we're also submitted the drawing and waiting for building department to approve how much time do you need to get your permits uh say 60 to 90 days you said 60 to 90 days he is amenable to 60 days i'll give you the 60s 60 you'll have to move uh with some some urgency though in case zero zero one zero four three and make the following findings of fact in the law if i notice is sufficient to find the property in violation of 2.4.13b which is work without permits responded 60 days to come to compliance or a fine of up to 100 per day may issue 60 days would be 11 30 26 thank you good luck case number nine code 26 001 138 the property owner is mc sample 12 llc the registered agent is eric pranisky the property address is 1407 southwest 4th street the code officer on the case is travis jinks however the case will be presented by code enforcement supervisor latoya thompson thank you madam clerk i believe um this this complaint initially came in from the tenant so um she's our he or she is our is our is our um eyewitness to the violation so we'd ask that um the tenant come over here you know because we we want to take testimony for her so we'll have miss um thompson open the case and then we'll bring you in ma'am just to answer a few questions about what you observe on the property thank you good afternoon i'm code supervisor latoya thompson with the city of delveray beach presenting on behalf of code enforcement officer travis jinks i'm here regarding property 1407 southwest 4th street case number 26-00138 the property was issued a notice of violation on september 17th 2026 service was accomplished by certified mail regular mail and posted to city hall on september 21st 2026 in addition the property was posted on september 17th 2026 an affidavit of posting and mailing and first affidavit of non-compliance is attached to the case i have been in contact with the property owner the property was cited for 7.8.3 maintenance of building which includes uh room flooding electrical outlets exposed rodent droppings refrigerator not working alleged mold underneath the kitchen sink facial damage outside and leaky faucets as of september 24th 2026 the property has not come into compliance i have 18 photos of the properties to some i would like to introduce into evidence thank you before we get into the photos i just want to ask a couple of background questions i believe you say that you are um you're you're the supervisor on this case and you've been assisting miss jenks mr jenks mr jenks correct and i believe this was initially um inspected but by the code enforcement department on september 16th correct september 17th september 17th um honor about that time and this came in from an initial complaint from the tenant who advised mr drinks of the conditions inside of the property correct yes ma'am okay so before we go to the photos i just want to call the tenant to the stand um i don't know if you want to take questions the property owner is here if he has any questions from ms thompson before we proceed to the next witness sir can tell me your name please uh my name is eric trinsky mr trinsky do you want to ask any questions of the code officer before we move to the tenant based off the testimony that's already been presented so will i have an opportunity to speak about the process i've went through to try i'll give you a chance absolutely i'll give you a chance to tell me anything you don't want me to know okay that's it all right thank you good afternoon ma'am um could you please state your full name for the record alicia johnson if you can turn the mic so we can just make sure it's clear just pull it thank you ms johnson where do you currently reside 1407 south i'm not sure if i saw you were sworn in before no no they haven't been oh yeah if you can swear them in thank you okay he needs to be swearing in as well anyone else that's what we're doing it anyone else who needs to testify today at some point and has not been sworn in as your chance rise and raise your right hand by the authority vested in me as a notary of the state of florida do you swear or affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth i do thank you thank you um um ms johnson where do you currently reside 1407 southwest fourth street terry beach and you're the tenant there that um provided the initial complaint to the code enforcement department yes ma'am and we're here for a um a complaint regarding a violation for the maintenance of the property that you're currently residing in yes if you could just um tell us what were the conditions that you complained of to the code enforcement department and has anything been resolved um what the number one thing was the refrigerator i didn't have a refrigerator took him about eight weeks um and that issue been resolved um a few days ago about three days ago um but i initially when i first contacted him i was already about two weeks in without a refrigerator because it kept going in and out in and out and i thought it was like an electric electrical issue so that's since been corrected but um there was also some complaints regarding rasha faded facial boards on the building and rodent infestation and leaky faucets has that been resolved the ceiling was resolved like days after i initially complained to him about and they saw the um travis saw the repairs for that when he first came and inspected um i didn't have time to inspect a lot of things um that was happening because i was at work when these repairs and stuff was done but i'm aware that the leakiness from under the sink um was fixed the i mean they changed the wood and things like that um i'm not 100 sure about the stop of the leak i have it like i said i didn't get a chance to inspect everything um as far as the rodent issue there's still you know rodents um he scheduled a tent thing or whatever i guess october 6th you got somebody coming out to tend to place okay what about the mold potential mold issues um the mold i don't think mold just goes away when you just change stuff because i mean okay it it's kind of overrun the whole house and mold is everywhere in that house especially like the bathroom and stuff what about the potential cracks and holes and electrical outlets um that are not functioning um one of the main electrical outlets in the living room i have small children um it was like sparking and it would like shut down all the um and whatever in that perimeter that's connected to that it was keep shutting the power off and tricking the breaker so my mother-in-law had to seal it like off she just patched it up and closed it off because it was the it was very dangerous it'd been there for a while like it'd been there forever and those type of issues you didn't contract to take care of on your own as a part of your rental contract no okay thank you um one moment thank you and today as we sit here today some of the things have been corrected as you are you like the refrigerator things now are corrected but you're still having an issue with the rest they like still in the mold and electrical in the mold okay yes all right thank you you're welcome i don't have anything further from that witness i don't know if he has any questions before we go back to ms thompson sir do you have any questions for ms johnson i do um the electrical tripping of the breaker in the house was overloading of the circuit uh the repairman went to the house and told whoever was at the home when they went to the property i'll certainly let you tell me anything you want to know this is just oh any additional questions um no okay thank you i'd like to recall ms thompson now ms thompson earlier you said that you have some photographs of the inspections that were observed the issues yes there is um mr truant truant truant our evidence yeah we have evidence please go through our evidence that too exhibit one um is a photo of the wide shot of the property exhibit two taken on september 16th is a photo of a patching in the wall at the property inside exhibit three is a photo of the door they patched it because it was exposed exhibit four is a photo taken on september 16th of the kitchen the flooring exhibit five taken on september 16th of the leaky faucet exhibit six is a photo of the rodent droppings taken on september 16th exhibit seven is another area of rodent droppings taken on september 16th exhibit eight is evidence of rodents the rat traps and rodents dropping taken in i believe it's a bathroom september 16th exhibit nine is a photo of the fascia exhibit 10 is also a photo of the fascia board taken on september 17th exhibit 11 is a re-inspection photo taken of the property exhibit 12 is a re-inspection photo taken on september 24th exhibit 13 is a re-inspection photo of the sink taken on september 24th exhibit 14 is a re-inspection photos taken on september 24th of the rodent droppings exhibit 15 is a re-inspection photo taken on on September 24th of the droppings as well. Exhibit 16 is a re-inspection photo taken on September 24th in the restroom, obviously rodents and their droppings. Exhibit 17 is the affidavit of posting. Exhibit 18 is the first affidavit of non-compliance. I would like to introduce these exhibits into for evidence. Yes, the 18. Thank you. 18. Sir, do you have any objection to those photographs? No. Not objection, so admit it. So do you have anything further? Not at this time. Sir, the floor is yours. So originally this case was brought to my attention by my attorney due to an eviction. This tenant is three months behind on her rent. I was out of the country. When I reached out to Ms. LaToya to let her know that I was traveling and asked if there was any pending cases on September 25th, she told me there was a pending case. I asked her to send the code violation notification to my email, which she did. I responded to her immediately that I would address all of these concerns with her. I immediately started trying to take care of these issues. This house was a beautiful – the tenant has been there for five years, close to five years. The house was clean and beautiful when she came in. All of these issues were brought to my attention when the tenant was multiple months behind on rent and code enforcement was called. I was unaware that this was the condition inside of the home. Typically, if rent's paid, I assume everything's okay. As soon as I was told that these issues were a concern, I started addressing them. On the list of issues that were given to me, the refrigerator was replaced, the sink repair was made, exterminator was hired to come in next Tuesday to tent for bugs and rodents and any other issues with the property. There's a landscaping contractor that was hired. I have a pressure cleaner starting next Friday to pressure clean, paint, and fix facial work. The tenant should be finished through the eviction process by next week. We had a court hearing yesterday, and everything should be resolved within two weeks, and that property cleaned up and removed. What is the remedy the city is seeking here? The city's head suggested 30 days, which would be October 31st, to come into compliance. If compliance is not achieved, $2.50 per day until compliance is achieved. 30 days seems like enough time for you, sir? As long as I have access. I've had issues getting access to the property. If the eviction proceeds and I'm able to get the tenant out of the property, I'll have full access to get into the property to make the repairs. I'm going to try to make as many repairs as I can. I think it should be enough as long as there's no issues with access, which I've had issues since things have been brought to my attention. I'll make it 30 days. Just let the code officer know your progress. Okay. Thank you. In case 26001138, I make the following findings of fact in life. If I notice it's sufficient to find the property in violation of the list of code sections, I doubt by reference testimony of the code officer. It's the nature of those violations. I give the respondent 30 days to come into compliance for a fine of up to $250 per day may issues. 30 days would be 10-31-26. Thank you. We're moving on to noncompliance cases and assessment of fines. Case number 10, 2021-010-200. The property owners are Edgar Burton and Sheila Baxter. The property address is 135 Northwest 7th Avenue. And the code officer on the case is Rubenson DeJaden. Good afternoon, Special Magistrate. My name is Rubenson DeJaden. I am the code officer with the city of Daryl Beach. And case number 2110200. And the address is 135 Northwest 7th Avenue. Originally found a violation on August 15, 2024 for unpermitted work, given 60 days to apply and obtain all approved permits or $100 daily. Compliance was on October 15, 2024. On March 13, 2024, a lien and continue of fine was ordered by the Code Enforcement Board and the amount of $20,900. A lien inspection was conducted on September 21st, 2026. And the case is still out of compliance. I have 10 photographs to present to the magistrate. And I would like to introduce these photos as evidence. So the first ones that we're going to see, these are original photos, correct? If you can go through quickly the original photos. These are already in evidence, right? Correct. This is just as a recollection. We haven't gotten to the new photos yet. Yeah, so this is just the old photos that I was taken on October 12, 2021. And this is just showing you inside the property. Okay, if you can go, like, just, we'll just, we just ask that you review the past photos for your recollection, magistrate. Okay, here we go. Go back to one. This is a code board file, it looks like. Yes. I got it. Stop, stop, stop, stop. I got it. Let me go back. Okay, so it's five photographs. Start with one, please. Thank you. Yes. Exhibit number one just showing you that on August, that was taken on August 14, 2024. This is just showing you the exterior of the property. Okay. Exhibit number two just showing you the posting where I post the property on September 21, 2026. This is notice for this hearing. Correct. Three. Exhibit number three is showing you the posting photo that was taken on, can you even read it? September 21. September 21, 2026. This is your affidavit of noncompliance? This is the affidavit of noncompliance that was taken on September 21, 2026. Exhibit number five is just showing you the exterior of the property. This was taken on September 21, 2026. At this time, let's introduce the five exhibits into evidence. Sir, can you tell me your name, please? Yes. My name is Edgar Burton. Mr. Burton, do you have any objection to those photographs or documents? I don't. That objection is still admitted. So what is the total accrued fine and lien that you're asking for? Yeah. The total accrued fine is $56,600. And you're asking that that amount be liened? Correct. Thank you. Mr. Burton. Yes. How are you doing today? I'm well. Thank you for asking. So what's going on? I'm going through a lot of witness properties. I have two properties ajar to each other. Three, rather. This one here, I was doing some minor repair that turned into a little too much. Me and my cousin, we're right now wearing probate over the property. And she took me through whirlwind with this property. And I'm kind of like up and down on it. And right now we're on the court docket for a calendar call. So I'm trying to get in, get the judge to make a ruling, get my cousin out of the way so I can get everything back together. Procedurally, Mr. Burton, the case, so it looks like the code board made the initial finding on this back in, I don't even know how far back it went. Back in a while. Yeah. A while. I've been in probate court four years now. I mean, there's not much I can do for you here. I mean, based on the evidence, I'm going to lean this and continue the fine. I mean, once you get your hands on the property, if you bring it into compliance, that would stop the fines. Right. And then there is a process in the city where you can ask for a reduction of fine, but I can't touch that while the property is out of compliance. I understand all that. And anything else you need to tell me? I guess you've got to do what you've got to do for today, and I'll be back to see you later. All right. In case 2020-1010-200, I hereby find the property continues to be in violation. I lean the property in the amount of $5,600 and continue until the property comes into compliance. Good luck, and I do mean that. Excuse me, Magistrate. $56,600? Yeah. Okay. And continue daily fines of $100? Yep. Thank you. We can continue. Thank you, Magistrate. Okay. We're moving on to all business cases. Yes, please. Case number 11. 2012-026-746. The property owner is Christopher Argenziano. Property address is 177 West Astor Circle. This is a reduction of lien and fine, and there is some arrangement in place. Yes, I'm not sure if they're here today, but code enforcement staff has been in contact with the property owner, and I was advised that they would like an order that the fine be reduced to $10,000 to be paid within 30 days, or the original fine would take effect. What's the current amount of the fine? $46,000. Mr. Oliver, I believe, has it. It's in your folder as well. It's $46,800. And both sides are in agreement to reduce it to $10,000, payable within 30 days? Yes. Yes. All right. In case 2012-026-746, I hereby reduce the fine from $46,800 to $10,000, payable within 30 days. If it's not paid within 30 days, it does return to the original amount. Thank you. Case number 12, code 26-000640. The property owner is Dominic S. Arancherry. The property address is 240 Northwest 8th Avenue. The code officer on this case is Supervisor Latoya Thompson. This is a reduction of lien or fine case. Ms. Thompson, if you could just give some background on the current status of the case. This case was brought, originally found in violation on April 16, 2026, for landscape, overgrowth, and building maintenance. At the August 20, 2026 hearing, the magistrate didn't make a new order because ownership had changed, and it hadn't reflected in PAPA, well, property appraiser, as yet. So we gave the new owner time to come into compliance. As of September 8, 2026, the owner came into compliance and asked for a reduction of fines. What is the fine amount? The fine amount was $13,229.85. Sir, can you tell me your name, please? Dominic Arancherry. Sir, what are you asking me for, and why should I grant it to you? Yeah, because this violation was the previous owner, and he was going through the foreclosure. And I got this property on August 17th. I got the title. Now that all the violation removed. And you're asking me to reduce the fine from the $13,220 to $1,000? Is that what you're asking me to? Yeah, I'm requesting. And the city is fine with $1,000. How much time do you need to pay the $1,000? One week. I'm sorry? One week. One week. I'll give you 30 days. Thank you. Case 26-000640 reduced the fine from $13,220 to $1,000 payable within 30 days. Please do note, if it's not paid within that time, it does return to the original amount. Thank you. Good luck. Thank you. Case number 13. Code 26-000955. The property owner is Delray Club, Inc. The registered agent is CT Corporation. The property address is 2001 South Ocean Boulevard. The code officer for this case is Travis Jinks. However, the case will be presented by code enforcement supervisor Latoya Thompson. This is a status update hearing. Thank you. And there is an agreement. Yes. It's not necessarily an agreement. The city, upon further review, desires to request that the current special magistrate order be vacated at this time. And we will submit an order. You gentlemen, tell me your names, please. Yes, Mihaly Pano and Shane Rose. All right. So maybe tell me what's going on. We just were asking that you vacate the order. We have, after further review and discussion with the property owners, at this time, we're asking that you vacate the order. Okay. So the city is asking me to... And that the case remain pending further. The city is asking me to vacate the current order on this. I guess that gives you time to work with the city on this. Yes, sir. It's not acceptable to you guys. Yes, sir. Yes, sir. All right. If you're in agreement, I hereby vacate the previous order. I have a copy of that order here. And as of today, it is vacated. Thank you. Thank you. That's it, right? Okay. That concludes our cases for today. Seeing no further business, we are adjourned.