Special Magistrate on 2026-04-16 1:30 PM - Special Magistrate - Apr 16, 2026

I hereby call this meeting to order. This is the Code Enforcement Magistrate Hearing for the City of Delray Beach. Unless otherwise noted, the cases will be called in the order in which they appear on the agenda. When you hear your case called, go ahead and proceed to the podium on my left-hand side, which is right over here. So if you hear your case called, come on right up. The City will put on its testimony and evidence first. You'll have an opportunity to review any evidence that the City is submitting and to ask questions of any of the City's witnesses, after which times you can submit your own testimony and evidence. This is a quasi-judicial hearing, which means the formal rules of evidence do not apply here. However, all testimony is taken under oath under penalty of perjury. So if you're going to testify today or you think you might testify, there's a possibility that you might testify. I'm going to ask that you rise and raise your right hand so you can be sworn in. By the authority invested 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? Thank you. This is a programming side note. If you have a cell phone or other device with you, please put it on silent. As you probably can tell, sound travels pretty well in this room. Also, if you need to have a conversation or a discussion with somebody, please take it outside the chamber. Consent agenda. I'm requesting approval of the consent agenda as written. So approved. Thank you. Yes, and I also have one more additional request. Case number is 4, I-R-C-O-D-E-26-0-0-0-6-4. In case number 5, C-O-D-E-26-0-0-0-6-5-6. Owners are Edward Intercultural LLC. The attorney is present today, and we are requesting a continuance to the next set of hearings in two weeks. And we can provide that date, sir, and from the clerk. 4, 6? You said 4, 6, and 5, 6? 4 and 5. Okay. Oh, no, no, no. Sorry. Okay, one moment. Sir, can you tell your name? State your name. Jeff Stevens. I'm the project executive for Atlanta Crossing. And we received some new information from them late last night and today, and we just need some two weeks we're going to review it. And we're asking. So you're jointly asking for continuance to next month? Whatever the next available hearing is in two weeks, I just don't have the calendar. I was asking the clerk for the date. 5-7. Does that work for you? Yes. Yes, it does. Is that okay with the city? Yes, that's perfect. Thank you. All right. So we're going to reset this for 5-7. Thank you. Thank you. Thank you very much. You're welcome. One other programming note, I have the minutes of March 19, 2026, and they are hereby deemed approved. Thank you. I'll call the first one. Case number one, code 26-000-625. The property owner is Luckness St. Louis. The property address is 2888 Dawson Way, and the code officer on the case is Chantel Jean-Baptiste. Is this Mr. Luis? No. Oh, I thought he was coming. Good afternoon. Good afternoon. My name is code enforcement Chantel Jean-Baptiste for the city of Derry Beach. This property, 2888 Dawson Way, was issued a notice of violation on March 18, 2026. The service was accomplished by certified and regular mail on March 25, 2026. The green card was signed for March 29, 2026. In addition, both the property and City Hall were posted on March 20, 2026. An affidavit of posting is attached. I have had contact with the property owner twice via phone. Exhibit one. Exhibit one shows the initial photo on March 16, 2026, commercial vehicle, parking, residential. Exhibit two, March 16, 2026, a different angle in front of the property. Exhibit three shows the posting of property on March 30, 2026. Exhibit four is an affidavit of posting, which was on March 30, 2026. Exhibit five was my last re-inspection, and the property is not in compliance. I have these six photos in question. Exhibit six is the affidavit of non-compliance, and the city is asking seven additional days to come in compliance, which will be March by March the 23rd, April. I'm sorry. April 23rd, thank you, 2026. No time travel here. Yeah, just no time travel back in time. At this time, the city would like to introduce these exhibits into evidence. Is anyone here on behalf of the respondent? Seeing no without objection, I'm going to accept an evidence evidence case on this case, the city's composite exhibit. So if they don't comply, I'm asking $100 daily fine until it complies. How long has this truck been on the property? Since March 16th. And just to clarify, based on your observations and your review of this area, has this truck consistently been there? Consistently been parked. It hasn't been moved. In the same spot. Correct. Just to be clear. All right, thank you. All right. Case CODE 26000625. I make the following findings of fact on the law. If I notice it's sufficient, I find the property in violation of Code Section 4.6.1382, parking and commercial vehicles in a residential area. Respondent has seven days to come into compliance for a fine of $100 per day may issue. Thank you. Case number two, code 26000635. The property on it is Bonisti and Willow D. Hilaire. One thought, actually. Let me make sure I start doing this better. In the previous case, instead of seven days, let's say time certain for 2326. Correct. And as we go forward, we are just to give you a heads up, we will be asking for date certain compliance dates. I think that's a good practice. Thank you. All right. All right. I'm sorry. Please go ahead. Case number two, code 26000635. The property owner is Ponisti and Willow D. Hilaire. The property address is 3424 Boulevard, Shanklin, and the code officer on the case is Chantel Jean-Baptiste. Good afternoon, code enforcement. Chantel Jean-Baptiste for the city of Delray Beach. This property, 3424 Boulevard, Shadow Lane, was issued a notice of violation on March 23rd, 2026. The initial photo in Exhibit 1 was taken by code enforcement supervisor LaToya Thompson. This came in as a complaint, commercial vehicle parked in residential. Service was accomplished and mailed by March 25th, 2026. The green card was signed on March 29th, 2026. In addition, both the property was posted on March 30th, 2026. Exhibit 2 is a second photo showing the commercial vehicle parked in residential from the front of property on March 20th, 2026. Exhibit 3, I posted on property on March 30th, 2026. Exhibit 4 is affidavit of posting on April 9th, 2026. Exhibit 5 is a re-inspection on April 10th, 2026. This photo was taken by code enforcement supervisor LaToya Thompson. As of April 10th, the property has not came into compliance. The city is asking the commercial vehicle to be removed by April 23rd, 2026 for a $100 daily fine. At this time, we moved the six exhibits into Evans. Sir, can I have your name, please? I'm sorry. I'm sorry. I'm sorry? Are you the owner of the property, sir? Yes. Do you have any objections to the photographs? Yes. I will remove it. Is that there no more? Okay. I'm going to take that as a no to these photographs as they are. So I'm going to accept that in evidence of the city's composite exhibit? Seven. There's seven of them. Okay. Seven photos. All right. Go ahead, sir. Tell me what you want me to know. I just removed the truck. It's not in the place no more. Okay. It's not in the front of the house. I remove it. May I ask a question? Sir, Mr. Hilaire, when was the truck removed? This week? When was the vehicle removed? I don't remember the date it was removed. Okay. Last week it was. Did you contact the code enforcement department when you removed it? No, I didn't contact because they sent me to come here. That's why I come with the date. I didn't contact anybody. Okay. I just come. And just to be clear, have you understood everything that's been happening during these proceedings? You understand? If not, we can get you assistance. But I'm just asking you. Okay. Just give me the intent. Prepare for me. I can help you. Would you like a translator? Yeah. Okay. If we could translate, if we can swear in the translator, please. Thank you. One moment. Do you swear in a firm that you will translate a fair and accurate interpretation? Thank you. If I can have the translator transfer this verbatim, we are going to start the case over to ensure that he understood everything that was happening during the proceedings. Ms. Jean-Baptiste. Please do. Madame Jean-Baptiste. Yes. Could you start over with your presentation? Yes. Good afternoon, Court Enforcement Officer Chantel Jean-Baptiste for the City of Derry Beach. Property? Wait. Once, let, we have to let you finish, and then the translator is going to translate. And then if we could just get the translator's name on the record in your possession with the city. Mr. Reuben. Yes. My name is Ruben-Captiste de Djadin. I am the Court Enforcement Officer for the City of Derry Beach. Thank you. You may proceed. This property, 3424 Boulevard Chantel Jean, was issued a notice of violation on March 23, 2026. Alors qu'est-ce 3424 Boulevard? Boulevard Chantel Jean. Par Boulevard Chantel Jean. Alors qu'est-ce que ça lui-même, c'est qu'est-ce qu'il y a violation? March 23, 2023. service will accomplish by certified mail on march 25th 2026 the green card was signed for march 29th 2026 in addition both the property in the city hall were posted on march 30th 2026 i have not been in contact with the owner of property this property was cited for 4.6 4.6 point 13 13 subsection 8 8 subsection 2 as of march 10th the property has not came into compliance i think you meant to say april 10th i'm sorry as of april 10th 2026 the property has not came into compliance i have attached seven photos of property to this case i would like to introduce the city is asking for to comply by removing commercial vehicle and for clarification the commercial vehicle in this case is the fizz landscaping vehicle correct yes so we request it for the introduction sir is there anything you'd like to tell me i have nothing to say right now because the case is been in compliance i have removed the vehicle for the record for the record i'm going to accept the photographs and evidence in case 26 000 635 i find i find the property in violation of parking commercial vehicles i give the respondent until 4 23 to come into compliance we're a fine of 100 per day may issue we're done thank you case number three code 26 000 the property owner is delray beach associates inc the registered agent is masher evans stalker and the property address is 802 east atlantic avenue and the code officer on the case is connor lee before we get started just a reminder sound travels really well in this room if you need to have a conversation and sometimes you do just please take it outside the chamber i'm sorry officer lee go ahead good afternoon connor lee clean and safe office oh wait was she supposed to i'm good to start right yes please connor lee clean and safe officer for the city of delray beach on february 24 2026 i conducted an inspection at the property 802 east atlantic avenue where i observed evidence that the interior of the building required maintenance a notice of violation was issued on march 9 2026 service was accomplished by certified mail march 25 2026 in addition both property and city hall were posted on march 16 2026 an affidavit of posting is attached to the case files i have been in contact with both the owner of the property and the business owner the property was cited under code section 4.5.1 subsection e subsection 9 subsection a plus subsection b subsections 1 through 6 maintenance of historic properties which states the owner of a building or structure located within a historic district through the exercise of sufficient or reasonable care shall provide the maintenance and upkeep of these sites and buildings to prevent destruction and decay caused by either deterioration or other hazards as of today april 15 2026 the property has not come into compliance i have attached 16 documents to the property for the case that i would like to introduce into evidence and we're asking the city is asking 30 days to apply for the required permits may 17 2026 and in 30 days to obtain the permits and work with the historic team june 17 2026 or a 250 daily fine until compliance is achieved and for exhibit one this was taken on february 24 2026 during the inspection it's just the shot of the building and the business here it shows that there are a few holes within the wall right here next to one of the main entrances you can state the date oh yes uh february 24 2026 exhibit two exhibit three february 24th this was um a ventilation duct that didn't have proper coverage exhibit four february 24 2026 taken in one of the bathrooms just so you can see some potential water damage they need to fix that and exhibit five february 24 2026 um you can see right here there is just a small pane of glass missing um it looked like it was held up by tape and then here is another oh exhibit six february 24 2026 um a few cracks within the glass of one of the other windows and then some of the paint as well missing um exhibit 7 february 24 2026 this is one of the um frozen food container yes thank you refrigerators um where you can see it's been duct taped and has taken some damage throughout the years and hasn't been properly maintained exhibit 8 february 24 2026 the same door just on the bottom where you can see there is some damage and then you can see right here as well there's just some damage to the actual doorway as well and this door you can see well actually i couldn't even open it all the way this is the furthest i could open it um probably because of the floor and the damage and missing tiles exhibit 9 february 24 2026. exhibit 10 um around the same area just showcasing a little more of the wall and then the floor um that it just needs to be maintained um exhibit 10 february 24 2026. exhibit 11 this is in the upper kitchen area just you can see the floor needs some more maintenance um and some of the appliances as well exhibit 11 february 24 2026. um right here this is one of the main entrances to the building um a bike lock was used to lock and secure the building because there isn't a copper lock on that front door um which is a safety hazard and in exhibit 13 here is the affidavit of posting take or dated march 16 2026 and then here is the posting photo of exhibit 14 on march 16 2026 and then re-inspection prior to hearing was conducted april 15 2026 where they're still not in compliance exhibit 15 and exhibit 16 um just stopped by the property wanted to get an update photo and this is what it's looking like as of yesterday thank you just just a quick question did you discuss this uh property with our historic um department here um yeah i brought it up to them and this is indeed in the historic district within the city correct yes thank you historic marina district thank you and that is all for mine thank you i assume you want to submit this into evidence yes we would like to submit the 16 exhibits into evidence ma'am can you tell me your name please my name is kristin cerubi i am the property manager representing the owner can you spell your last name for me sarubi s isn't sam a-r-u-b-b-e miss ruby you said you're the property manager yes okay do you have any objections to the photographs or other evidence the city wanted to put in evidence i don't have any objections all right without objections so admit it let me just confirm if we can give just an affirmance um that the owner has authorized her to be here to represent the case today yes yes that is correct thank you the owner has is it where you're here yes okay okay do you want to tell me yeah well i just wanted to inform you the owner actually has legal action we filed a eviction february 12th with um the state and it's been a long process they had an emergency hearing last week and the hearing is set up for next week which is april 23rd as of right now we do not have legally the rights to go into the space to do the necessary repairs so what we're just asking is an extension um to get the the building the interior space up to par once we get the tenant out of the space my understanding is the city is seeking um for you to obtain the appropriate permits by may 27th and i asked you to apply for them by may 27th and to obtain them by june 17th is that correct no no i believe it was may 17th may 17th yeah just to apply and yeah to apply for the permits and begin the process of working with the historic team to make the proper repairs and then the additional 30 days were six 17th to obtain the permit yes correct okay does that work for your time schedule i was hoping can we ask to apply for the firms june and then do july just because again with legal apparently the tenant we just learned just hired a new lawyer so this might be another process again because of the legal ramifications it's we're kind of stuck so let me just ask for clarification miss lee is this a still ongoing operable business well yes the business is it's active but and we receive these complaints based on health and safety concerns yeah this is that property correct yeah i was actually informed by um the department of business and professional regulations yesterday that the business should not be operating right now due to another issue one that is not performing it is it is another issue but the reason why i bring that up because if this is a business that's operating just you know i would say that the city might be hesitant to allow for 60 days to even meet with the historic staff and start the conversation we understand the legal issue however um we would at least like them to attempt to meet with the staff and apply for a permit for the corrections within 30 days i think our frustration the owner's frustration is the health department has come and closed it down and how is it that they're still able to open their doors when they've been shut down and in our rights how do we stop them from doing that i don't know who the contact person is from the health department to notify them i don't know how they just reopen when they've been filed you know that again i don't know what i'm not the health department yeah i understand that i have enough responsibilities yes understood the universe um what would uh linda when do we meet in may what are our dates the seven um we're gonna meet on the seventh i think on the 21st seven and 21st you know what my inclination is to keep the dates that the city is suggesting um and we'll set it um for hearing on the 21st okay i mean if uh i mean if there is legit issues why you haven't been able to comply you can explain it to me then okay but um this has been going on a while yeah i know so would that hearing be for just a status check you know i'm just gonna i'm gonna set the date as uh the 17th and uh you know hopefully you'll communicate with the city if the city's agreeable that you're doing everything you can then we'll we'll push it at that point but but let's uh let's see if we can get this moving a little bit oh i mean i understand the compliance dates but the with the 21st court date be a status check yes okay thank you all right so this is what i'm doing case 26 000606 i make the following findings of fact in life i notice sufficient found the property in violation of the list of code sections specifically the condition of the historic building in the historic district i give the respondent until 5 17 2026 to apply for permits and meet with staff and i give the respondent until 6 17 2026 to obtain permits or a fine of up to 250 per day may issue set for status hearing on may 21st all right 2026 thank you thank you thank you um magistrate wagner the attorney for the respondent in case number code 25-00034 it's number 17 the last case on the docket he reminds me that he has to leave i guess something urgent so he's requesting he would like to make a request to see if he can call his case up now is the city okay with that i mean sure based on his representation to me i'm fine based on his emergency all right let's uh let's call 17. case number 17. one moment please code 25 000341 the property owner is giles and geraldine scuderi the property address is 200 south ocean boulevard unit b 133 and the officer on the case is supervisor latoya thompson and this request is for a lien of fine reduction good morning i am latoya thompson co-supervisor for the city of delray beach code enforcement division originally this case was found in violation on january 7th 2026 for a deck being installed on the property without a permit given 45 days which would be february 21st 2006 to correct all violation or 150 daily fine case came into compliance on march 18 2026 i have included two photos from the original case there is an accrued fine of 3600 and the owner is requesting a reduction of fines sir can you tell me your name please ralph rodriguez on behalf of jerry and dallas scuderi the property owner one more time a little bit slower ralph rodriguez for the law firm cousin o'connor on behalf of the property owner giles jerry scuderi i'm sorry miss uh thompson did you officer thompson did you have anything additional you wanted to show um just it was just old photos from just to get the gist of the uh violation but it's all the way at the bottom my understanding is the city's offered 900 to as a fine reduction we've asked for to cut that in half by 450 tell me the basis by which i should reduce this fine well first of all judge i represent jerry scuderi who's here she's retired she's relying on the contractor for this work there was initially a delay with the property association getting the letters from the condominium association for approval the permit they then submitted the permit application as i understand it the city originally brought this into the wrong queue they required that it be resubmitted it was resubmitted then there was additional requests for plans and other documents that needed to be provided those were provided and eventually then the permit was issued on 3 17 26 that's not in dispute the city had the the the permit application and the related documents for almost 27 days and we don't really want to dispute this we just want to work it out i would just ask that you take that into consideration when did your client submit the documents on february 4th of 26 24 26 well it's a compliance date february 21st of 2026 and what caused it to walk me through this a little bit what caused it to take from the 4th until uh when was this actually compliant 37 that's a long time what happened in that interim period my understanding is it got put into the wrong queue in terms of the property type and then there was a delay there and then it came back then it was submitted to the city the city provided comments after 17 days and then there had to be some plans resubmitted which delayed it and then there was another review period for another 10 days so judge i mean we're just asking we complied we're just asking for some leeway here to get to resolve this my position is that based on the time frame you know standard is we go by the date that the permits are issued right even if they call a little bit later or a week later we still revert back so based on that time frame we think that this fee is reasonable considering the work um um good afternoon lynn jellen city attorney can we i know you have somewhere to be but we actually have an epl system that can tell your honor the exact time that it took each side to resolve the permit issues and if you think that that would be helpful to you i just need five minutes we can just go print it out for you and i think it would be dispositive if you feel that that's something that would assist your consideration of whether or not this finally be reduced i believe it won so let's uh let's hold this for five minutes and uh we'll do another case in the meantime thank you judge thank you very much now let's just do uh can we do another one if you want to pause in between or however you want to handle it or skip to i would hate to do we have a jinx it to say that there's something short is there is there a short one we have others we have others i can't guarantee that it would be short or not okay madam attorney maybe you know what is there anyone here um maybe on one of the old business cases where we shouldn't it shouldn't be it should be a shorter presentation what about the shared future foundation doctor yes maybe we can call up that case usually those are their recommendations are a little shorter case number 16 case number 16 20 24 007 022 the property owner shared future foundation inc the registered agent is dr sarah selnick the property address is 28 northwest 7th avenue and the code officer on the case is connor lee this is a lean and fine reduction request good afternoon issued by a past clean and safe officer the property was originally found in violation on september 12 2024 for unpermitted tree removal they were given 30 days to apply for and obtain a tree removal permit or receive a 50 daily fine i've included one photo from the original case and two new documents to show the property is in compliance there is an accrued leave or accrued fine for the amount of eleven thousand eight hundred dollars and the owner is here to request a reduction the city suggests a reduction of 25 percent of the total accrued fines with the maximum amount being two thousand nine hundred and fifty dollars and um that's all i have ma'am can you tell me your name please sure sarah selznick so you're making the request why should i grant it uh the the fines were from a previous owner so we didn't come into ownership of the property until the end of december and then uh took care of it as once we came into ownership of the poverty city's offered to reduce it to two nine hundred and fifty dollars is that correct uh yes how does that work for you that's great and um i would just like to make an alteration to my suggestion um that the amount be paid by may 17 2026 within 30 days can you pay within 30 days yep all right reduced to two thousand nine hundred and fifty dollars payable by may 17 2026 please keep in mind ma'am that if it's not paid by that date it does return to the regular amount thank you thank you madam city attorney we're still waiting on the other one yeah all right okay we're gonna move to case 11. well not without the city attorney i'm waiting for okay or we're gonna do uh all right let's do case 11. are we good with okay moving with case 11. sure thank you case 11 code 26 000 622 the property owner is is five ocean properties llc the registered agent is gene hockman and the property address is 124 southwest 8th 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 124 southwest 8th avenue case number code 2600622 this property received a courtesy notice on february 23rd 2026 for maintenance of building for unsecured doors the property was given one day to comply with the violation and inspection was conducted on march 16th 2026 and the property was still not in compliance a notice of violation was issued on march 16th 2026 service was accomplished by certified regular mail and posted to city hall on march 17th 2026 in addition the property was posted on march 17th 2026 an affidavit of posted and mailing and first affidavit of non-compliance is attached in the case i have been in contact with the owner of the property this property was cited for maintenance of building for unsecured doors on the property as of april 16th 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 the city is asking for an additional seven days which would be on april 23rd 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 exhibit one taken february 23rd 2026 shows the three doors that's unsecured exhibit two taking february 23rd 2026 is the courtesy notice that was issued to the property exhibit three was my re-inspection march 16th 2026 that shows the three the two doors that's on the three door that's unsecured sorry exhibit four taken march 17th 2026 was the posting of the notice of violation exhibit five is my affidavit of posting and mailing exhibit six was my re-inspection taken march 30th 2026 that shows the three doors that's still unsecure exhibit seven is my first affidavit of non-compliance exhibit eight taken march 16th 2026 is my re-inspection prior to hearing that shows the three doors that's still unsecure when i spoke with the property owner he did say that he boarded up the doors but they keep being removed but i told him since he's a property owner he has to find a way to board up the doors without them being being able to get snatched off there are people living in there uh the last time i was out which was february 23rd 2026 uh two police officers did come they went through each door that was open they didn't see anybody inside but they said it was feces and clothes and stuff inside the properties right is anyone here on behalf of the respondent seeing no one without objection i'll accept an evidence the uh photographs and documents submitted by the city the city's composite exhibit officer williams do you believe seven days is a reasonable amount of time to bring this into compliance yes anything further from the city no all right in case 26 000622 i make the following findings of fact in life i notice is sufficient from the property in violation of 7.8.3 maintenance of buildings specifically the three doors that are not secured responded to seven days to come the compliance or a fine of 100 per day may issue april 23rd 2026 april 23rd it is 2026 thank you case case number 12 code 26 000640 the property owner is power group of companies corp the property address is 240 northwest 8 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 240 northwest 8th avenue case number code 26 000640 the property was issued a notice of violation on march 25th 2026 service was accomplished by certified regular mail and posted to city hall on march 27th 2026 in addition the property was posted on march 26 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 overgrown vegetation and loose trash on the property as well as maintenance of building for unsecured windows on the property as of april 16th 2026 the property has not come into compliance i have attached 13 photographs of the property to the case that i would like to introduce into evidence the city is asking for an additional seven days which will be on april 23rd 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 exhibit one taken march 25th 2026 shows the overgrown vegetation and the loose trash that's on the property exhibit two taken march 25th 2026 is a different angle of the property showing the overgrown vegetation and loose trash on the property exhibit three taken march 25th 2026 is the back of the property in the alleyway that shows the um window that's that's unsecured exhibit four taken march 26 2026 is the notice of violation posted to the property exhibit five it's my affidavit of posting and mailing exhibit six taken march 13th 2026 is my re-inspection for is it the five oh oh yeah for exhibit six taken april 13th 2026 for the overgrown vegetation and loose trash on the property exhibit seven taken april 13th 2026 is a different angle of the property of the overgrown vegetation and loose trash on the property exhibit eight taken april 13th 2026 is the back of the property in the alleyway it shows that they put up a board and something else to try to cover the window but you still can see the space um in uh for the window exhibit nine is my first affidavit of non-compliance exhibit 10 taken april 16th 2026 is my reading special priority hearing that shows the overgrown vegetation and loose trash on the property exhibit 11th taken april 16th 2026 shows the uh overgrown vegetation and loose trash on the property exhibit 12 taken april 16th 2026 in the back of the property from the alleyway you can see that the whatever was put up is going now and that's it is anyone here on behalf of the respondent seeing no one without objection except in evidence the 12 exhibits the city's composite exhibit officer williams do you believe seven days is a sufficient amount of time for them to bring this into compliance yes what has to be done here just board up the back window on the back of the property and cut the overgrown vegetation in the front and the tree in the uh trees in the back no it's just a board board the back of the window all right in case 2600640 i make the flying findings effect on the life i notice sufficient on the property in violation 7.8.3 the maintenance standards for the property including the overgrowth and the uh exposed window respondent has until april 23rd 2026 to bring this in appliance or fine up to 100 per day mission thank you want to do 13 yes case number 13 case number 13 code 26 000 573 the property owner is steven raw is sir the property address is 1191 old dixie highway and the code officer on the case is rubensen is rubensen good afternoon good afternoon good afternoon uh special magistrate mr wagner my name is rubensen uh code enforcement officer for the city of devil beach case number 26 00573 this property 1191 old dixie highway was issued a notice of violation on february 11 2026 service was accomplished by certified regular mayor and posted the uh to city hall on march 5th 2026 in addition the property was posted on march 11 2026 an affidavit of posting an affidavit of non-compliance is attached is attached and the case i have been in contact with the property owner and the general contractor this property was cited for 2.4 point 13 subsection b for building permit as of today april 16 2016 2026 the property has not come into compliance i have seven i have eight photographs of the property to the case that i would like to introduce as evidence as a bit uh one that's just showing you uh the work was done inside the property without permit exhibit two showing you on february uh 11 2026 as you can see the uh work was done without permit and exhibit number three this is just showing you uh that i took uh that was on march 11 2026 this is just showing you uh i posted the property exhibit number four this is just showing you the affidavit of posting exhibit number five that's that actually this picture was taken on april 8 2026 this was the uh non-compliance affidavit that was taken on april 8 april 8 2026 that is correct sir can you tell me your name please britain berkner and what is your position with the respondent mr berkner i've been engaged by the owner steven ron weiser as a general contractor to obtain the permits and fulfill the construction of the renovation of the property did the owner um may i ask the question did the owner provide you with authorization to be present here today on his behalf yes he did yes yes sir can you spell your last name for us berkner b-i-r-k-n-e-r mr berkner do you have any objections to the photographs and documents the city would like to put in evidence no sir without objection so admitted go ahead sir uh just coming here today just to ask for you know the time we recently obtained the construction documents from the engineer yesterday we will be filing for the permit related to all the work to be performed on the property how much time do you need to bring this property into compliance to gain the permit we'll be applying within the next 30 days we just need to get a couple product approvals from the window and door manufacturers and then we'd like to have the permit applied for by the end of the month so then just however long it takes for the process to get the permit to continue to work what's the city seeking here the city ask is asking for an additional 30 days may 17th uh um for them to come into compliance to applies for to apply and obtain an approved issued permit if they do not come into compliance then the city is asking 100 dollars day until compliance is achieved so the city is asking me to give you till may 17th to get your permit is that enough time to apply for the permit or to obtain the permit i believe they're asking do you to obtain it i mean i would say i would request some additional time just because i don't have any control over the actual permitting process within your city i can submit within the 30 days no problem but i don't have the ability to fast track anything through the city and make sure that that can happen in that time frame what type of um i definitely asked a question what type of work will need to be permitted uh it's an electrical plumbing mechanical and just interior um non-load bearing walls so it looks like the supervisor saying they're comfortable with 60 days as long as we get some type of insurance that maybe they apply within 30 days okay why don't i do it like this if this works to both uh both your agreement let me say the 17th for application and let's say june 17th for obtaining yes that's fine with the city all right let's do that all right in case 26 000573 make the following findings of fact in life and it is a sufficient to find the property in violation of 2.4.13b failure to obtain building permits respondent has until may 17th 2026 to apply for the permits and june 17 2026 to obtain the permits or find the amount of 100 per day may issue thank you thank you i'm not sure um maybe we can just i'm not sure it sounds like they're still in discussion so we can go to case number six because we they are there are people waiting for those okay so back to six what we will ask is that um the following cases are related so we would ask that they are heard together um it would be let me just make sure case number six ir code 26 dash 000643 that is the jhb florida property owner then we have case number seven ir code 26 dash 000644 and case number 11 i believe it's i'm sorry 10 i'm sorry miss warren it looks like they just came back in the room do you want to just deal with that oh yes yes please let's uh let me let linda recall this case just to make sure i am going back to code 25 000341 which is the scuderi case thank you so much thank you so your honor when you're ready the city has indicated to me that um they took issue with my comments with respect to the documents being with the city for 20 days according to our contractors records the permit was submitted on the permit application was submitted on february 4th 2026 what i'm being told and they'll explain to you is that according to their records that application was not complete there was something wrong with it our client the owner is relying on the contractor to submit this and it forever they have a different date i think it was 217 that you said that it was actually received you don't have to talk yes 217 judge and so just so you have the accurate information and then it was reapplied um after we got comments on 226 it was resubmitted then on 37 26 and then the permit was finally approved on 317 so i think they took issue with my 20 days i think it was more like 14 days anyways i spoke it to the city we have requested a reduction of the fine to 450 and my understanding is that they don't object to that if that's okay with them we'd like to resolve the case today so magistrate wagner the only reason why i asked for this the short recess was to make sure that you have accurate information before you because at the end of the day the reason why we're here for non-compliance is because they the violator hadn't completed whatever tasks the magistrate ordered within the time frames that were dictated on the order and so when somebody makes a representation that the city had it for 20 days that implies that we're the reason why this individual wasn't able to come into compliance timely and that's not the case so this the contractor submitted a permit application it was not accepted because it was not complete until february 17 2026. from that time it was reviewed by city staff it was returned back to the contractor on february 26 of 2026 that contra had a contractor had it for six days and then thereafter it went back to the city and was subsequently approved on march 17th and so i just want there to be accurate information because if you're in a position where you don't wish to grant the reduction then i don't want there to be a record saying that part of the basis for the non-compliance was due to the fact that the city didn't act timely when you don't so that that's it i don't have an objection they're in compliance they've done what they need to do sounds like an issue with the contractor but as far as these fines are concerned i don't have an objection if the the court wanted to reduce it thank you if uh reduce it to 450 how much time do you need to pay we'll pay it today all right reduced to 450 payable within 10 days thank you very much thank you everybody apologies for any information thank you madam assistant attorney where do we go from here yes we're going to do six and seven right right six it's six seven eight thank you so much so six seven and ten are related yes okay well let's let uh linda do the introduce the cases so they're on record and then we'll have the parties introduce themselves thank you so i will be calling the three cases case number six ir code 26 000 643 the property owner is jhb florida properties the registered agent is james h batmasian the property address is 418 east atlantic avenue the code officer on the case is randell strong the next case case case case that i'm calling is going to be case number seven case number ir code 26 000 644 the property owners are 450 atlantic investment llc the registered agent is james h batmasian the property address is 450 east atlantic avenue and again the code officer on the case is randell strong okay so tell me they would like to try to display barred right now here we go at the dr implants cam screen and also the head ofolph-doll system atlantic уб strong. And would you like to make your appearance? I'm Jamie. I'm from Investments Limited. It's Jamie. Indetto. N-D-E-T-O. One more time. N is in Nancy. D is in Dominic. E is in Edward. T is in Thomas. O is in Oscar. 418 and 450. Okay. Thank you. So you're here for case number six and seven. Yes. Thank you. And my name is Abby Bennett. I represent Rosebud George East one of the property manager. And that would be case 10. And you're both here authorized to speak on behalf of your property owners? Yes. Officer. Before we start, I just want to get some testimony about the relationship and why we asked to call these three cases together. So, and then we would like to present our evidence that will be related to all three cases, if that's okay with the magistrate. That's fine. So I guess we'll call this 1A because we already have a one and that'll be 1B that we call for exhibit 1A. Could you please state your name for the record, ma'am? Mary Wozni, Sanitation Administrator for the City of Delray Beach. And you were sworn in? Yes. Okay. And are you familiar with those three properties located at 418 East Atlantic Avenue, 450 East Atlantic Avenue, and 400 East Atlantic Avenue? Yes. And in your role, are you familiar with any agreements or any receptacles related to waste management? Right. They have an agreement with waste management that they all share the same compactor. Correct. But they provide those, you're aware of those agreements. Hold on one second. I can tell that you would really like to jump in and say something. We actually canceled this agreement with them. Yeah, but hold on, hold on one second. I have to let the city finish presenting their cases. You can certainly ask questions when they're done or present your own evidence, but it's kind of hard for me to understand if you sort of try and jump in while they're talking. All right. Were you previously aware of any agreements? Yes. Right. And this is what I'm showing you, what has been marked as City's Exhibit 1. Yes. The last we, the last we were aware of it was in August. August 2025. Yeah, 2020. Yeah, 2025. Yeah. Okay. So we would have to introduce this as City's Exhibit 1. And a part of that agreement was that they would have some type of agreement to maintain all the receptacles together? Correct. Okay. Or maintain. Thank you. Correct. This company they contracted had a responsibility to maintain it? No. The three companies together entered into agreement to mutually, as one entity, share a receptacle and maintain it together. That would be why you're calling them together. Correct. I'm going to add some information. I did shortly after the last, in August, we did cancel, to terminate the agreement with them. I did come back here. And then I have my porter picking up garbage twice a day for all the temps. So I'm not even part of the compact, but it's a compact early. She didn't abide by the agreement anyway, so it doesn't matter. Okay. When did, when did you start? August of last, shortly after that whole thing last year. It wasn't working out. I just terminated it. Yeah, she didn't pay. She didn't pay any of the fees that were associated with it. All right. Let me, let the city finish presenting their case. Yeah. And then, obviously, you both have a lot to say. So, I think maybe, in light of this new information, I'd just like to ask City staff to talk to them briefly to see what their relationship was before we proceed. If you can just. All right. You want to. Yeah, we just recall. Why don't we take a five, please? A five-minute break here. Thank you. All right. I'm here in Red Beach, Florida. I'm here regarding case number 2600643, located for the property at 418 East Atlanta Avenue, regarding an irreversible, irreparable violation. Service was accomplished by a certified regular mayor sent on April 10, 2026. In addition, both the city and the city hall, property and the city hall was posted on April 6, 2026. There's an affidavit that's posted to the property and the case files. I have not had contact with the property owner. The property was cited for a listed discharge. On Friday, March 26, 2026, March 27, 2026, our code officer observed garbage use leakers coming from the garbage compact, dumpsters, and the rear of the property. This resulted in a listed discharge following to the city's stormwater drainage due to the non-maintenance of water or waste fluids, which is a violation of the ordinance. This is 53.012, sub-session A2C. Previously, this property was also violated for the same issue on August 6, 2025, and was ordered at one time flying $7,500 to be paid within 30 days. I have now photographs of the property to the case I would like to introduce into evidence. So this is city's exhibit 1B. Yes, this is exhibit 1B. This is a copy of the property appraiser. This is exhibit 2. This is a, this is a, this is a, I'm sorry, this is a screenshot of the property and it shows where the compact is located, as you can see at the, right here. All right, so the compact is located on that property. Yes, 418. This is exhibit 3. Go back a second, just so I understand. The 418 and 450, where are they? 418 and 450 is right here. So that's 418? No, the 418 is the whole parcel right here. The blue outline. The 418 is the blue and what's, and what's 450? 450, she is right here at the top, right. Odd construct there. And the trash compactor is in the, uh, the rear of that large building. She is right here in the middle. Okay, all right. And the 3, this is, uh, one of the, one of the three restaurants involved in the grass. This is cut 432. Exhibit number 4, taken on March 31st, 2026. And this is Lisa Rell, taken on March 31st, 2026. Exhibit number 5. Exhibit number 6, so garbage, some of the grease coming from the bag. There's an unsecured bag with a friter basket hanging from it. Exhibit number 7, this is actual video of the grease flowing from the trash. Yeah, a little clip of that. Exhibit number 7 shows another. And those, look, I'm sorry, those are all on the date of the valley. Yeah, March 27th, 2026. Also, March 27th, 2026, this is another exhibit. It shows the grease flowing into the stream, screaming to the city of Stormont, drainage. Exhibit number 8 also shows another up-close picture of the grease, screaming down to the city of Stormont, drainage. Exhibit number 9 shows more garbage bags at the outside of the dumpster, share of dumpster. This was taken on March 27th, 2026. Exhibit number 10, taken on March 27th, 2026, shows more garbage bags unsecured outside of the share of compactor. And this is a posting of the property at Lemongrass. This was taken, this was posted on April 6th, 2026. And this is the posting affidavit for that posting. Thank you. What we're going to do, those are those 12, so we're going to go to the next case. So the exhibit's going to be a little odd order, but if we can note these. We'll call this exhibit number 13. What does this depict, Mr. Schoen? This is a picture, a screenshot of the 450 East Atlantic. So previously you testified that just to the left or south, those two businesses are connected and we heard testimony that they share the receptacle. Yes. So exhibit 14? This is a picture of the 450 East Atlantic property, taken on March 31st, 2026. And that's one of the businesses? Yes. That big out? Big out states, yes. And then these exhibits are the same, correct? These are the same exhibits, yes. Then 15? This is the posting of Big Al's posted at the property on April 6th, 2026. 16? And this is the affidavit of that posting. At this time, the city would like to introduce those 16 exhibits. Ms. Indeco, do you have any objection to those photographs or documents? No. Not objection, so admitted. That's all the testimony for the city at this time. Do you have a recommendation or do you want to hold it, Delia? We do, unless there are some testimonies. All right, let me hear from Ms. Indeco. So you represent both of these restaurants or you just? The property owner. The property owner. Yes. That rents it to these restaurants. The floor is yours. What do you want me to know? So we pulled the permit back in August. We've gone through four rounds of submittals trying to put in a trough drain over by the dumpster enclosures. And our engineers have gone back and forth with options to try to rectify this, and it seems like they're just not connecting. So I don't know if, I guess it's something about putting a drain to a sanitary line and they don't want the grease in it, but there's going to be a grease interceptor. So there's just a lot of back and forth. We put socks out to try to contain the grease and they just get moved every time the dumpster gets relocated, you know, emptied. So it's just been very challenging for us. We were going to, I think our attorney is going to be reaching out to the city to see if there's some option to put some drains there instead of allowing it to go down the drain, down the storm drain. And so it's just been a lot of back and forth over the last couple months on how we're going to resolve this. Yeah, I mean, I can't. It's like, it's like, unless somebody's. It's not that I don't appreciate that. Yeah. And I believe you when you say you're attempting to fix it. I mean, we have permit numbers and everything. Yeah, I believe all of that. I don't disbelieve what you're telling me. At the end of the day, though, I'm not the building department. This is just code enforcement. So whether or not you come up with a drainage solution that works for you, this is not permissible. I mean, you can't have, I mean, on top of which, it's not just that it's gross, right, to get that into the storm drain. It's also the city of Telray Beach's responsibility to make sure that doesn't happen. They also answer to higher powers, too, related to water quality. And so they can't allow this to go on either. So, you know, no matter how you come up with a solution for it, this can't keep going on. Yeah. But what is the city asking me for? The city is asking for a one-time farm of $15,000. To be paid by March 17, 2026. I said, March? May. Are you talking about 30 days for May? May 17. May 17. Are you asking me for one? To each property. You're asking me to find each of the properties. Each property, $15,000. Paid by May 17, 2026. Ms. Deco? Let's pay. It's not up to, we don't pay these. So, you guys are just hurting your own businesses in the city of Telray. So, it's up to you guys. Whatever you guys want to do. Just hurting your own small businesses. You know, I... I'm just saying, we don't pay it as the property owner. You know, I wasn't going to say anything. But, this is a recurring issue, right? And, our residents shouldn't have to suffer either because of their tenants or their property owner, right? So, that's why we ask for these types of fines in these cases. I'll be honest. I generally try to balance the fines against the... You know, I try and make the fines reasonable. Where I tend to be a little less willing to do so is when it shows up again. Because, that sort of illustrates that whatever I did the first time didn't change the behavior. And, that's... And, I take that seriously. I also take seriously that I don't want to put businesses out of business. On the other hand, I have to weigh the things that the city has raised here, which are quite fair. Which is the water quality, which is the damage to the people, the residents of the city that have to deal with that water quality. I'm going to assess the fine that they asked for. And, I'm going to hope that at some point that this stops, right? And, that your tenants figure out a way to deal with the grease that doesn't end up in the storm drain. But, that's what I'm going to do. In case 26000643 and 26000644, I'm going to issue the same order. I'm going to find the violation exists, that the violation is irreparable in nature. And, I'm going to assess one-time fines the amount of 15,000 payable by May 17, 2026. Thank you for coming in. Thank you. Are we going back to 5 now? We're going to go to 10, because she's already here and we've already announced it. So, let's do that. Do we not want to go to 10? No, what I was suggesting, I just wanted to confirm, we want to look into some of these issues that were raised up previously. So, we're just asking that this be reset to the next special magistrate hearing, which I think is on the 7th? The 7th. 7th, please. Ms. Bennett, do you have any objection to resetting this for the 7th? Nope. All right. Reset 5-7-2026. Thank you. Thank you. Yes. We can do number 8, please. One moment. You almost got out of here. Almost. Case number 8, IR, code 26-000-651. The property owner is Rosebud 110 LLC. The registered agent is CMRAC Inc. The property address is 110 East Atlantic Avenue. And the code officer on the case is Randell Strawn. No, no, it's a different issue. No, it's a different issue. It's a different issue. So, we can proceed. Thank you. Good afternoon. My name is Randell Strawn. I'm here, code officer with the city of Derry Beach, Florida. Here regarding case number 26-00651 for the property located at 110 East Atlanta Avenue for a irreversible, irreverable violation. Service was accomplished by certified mail sent on April 9th, 2026. In addition, both the property and the city hall was posted on April 6th, 2026. Affidavit of the posting is attached in the case file. I have been in contact with the property owner on one occasion. The property was cited for this discharge on Friday, March 27, 2026. The code officer, I myself, observed garbage. The Jews' leak is coming from the garbage compact dumpsters in the rear of the property. It was only until this discharge flowing to the city's strong water drainage due to non-maintenance of waste fluids, which is a violation of Ordinance 53.012. This property also was previously violated for the same issue on March 20, 2025 for a fine of $5,000. I have now photographs of the property to this case that I would like to introduce. One is a screenshot of the property itself. So the blue is 110 East Atlantic? That's 110 East Atlantic. Where's the trash? There's two locations. There's two locations. There's two restaurants on this property, Rocco's Tacos and Avalon. And Avalon's in the middle and Rocco's is more towards the east side. The compact is right here and the other one sits back here. Zipper 3 is a frontier picture of Avalon Steakhouse, Beach House, which was taken on March 31, 2026. Zipper 4 is Rocco's Tacos, taken on March 31, 2026. This is a photograph of the con dumpster for Avalon, taken on March 27, 2026. This is a video also. This is a clip. It wasn't a cap. There was a rust spot on the bottom part of the dumpster. There is a cap though. This is Zipper 5, taken on March 27, 2026. This is Zipper 6. This is Rocco's Tacos. Shows this the realtor property where the ice is kept, ice machine is kept, with the discharge coming from the machine. This is also Zipper 327. That's a fair and accurate representation of what you observed on the day of the violation crime. Thank you. The 27th frame is also a storm crime. This was taken on March 27, 2026. This is Zipper 7. Also another photograph of the dumpster for Avalon. This is Zipper 8. Shows another going to the storm drainage. This is Zipper 8, taken on March 27, 2026. This is Zipper 9, shows another screen flowing from the dumpster, taken on March 27, 2026. This is Zipper 10, taken on March 27, 2026. Shows some more discharge coming from the realtor property of Rocco's Tacos. This is Zipper 11, a noted photograph, taken on March 27, 2026. Shows more discharge coming from the ice machine under the mop bucket. And this is Zipper 12. This is a posting of the property, posting to the property on, this was posted on April 6, 2026. And this is the affidavit for that poster, Zipper 13. At this time, the Zipper would like to introduce the 13 exhibit into evidence. Do you have any objection? Nope, I do not. Not objection, so admit it. What's going on here? The dumpster, actually you can go back to the first one. The dumpsters have been replaced with rubber dumpsters. We called waste management immediately. There was a rust spot at the bottom of the dumpster, because there was a plug in there. Yes, it was, the discharge was there, but it's already been fixed. And I am on top of Avalon over this whole thing. And then the other picture, when it comes to the ice maker, I have a letter from Avalon, I'm sorry, Rocco Taco's AC company that says that everything is connected correctly and what you're getting is condensation. Condensation. I thought condensation was allowed down storm drains. So. Finish, and then I'll make my rebel. I was under, because that's per code, I thought that condensation was allowed down storm drains. So that's, but then I have pictures and I have a letter from the AC company showing that everything's been connected correctly underneath. And the only thing you're getting off it at this point is condensation. So first I would like to say this is a irreversible violation. We can't go back. We can't make the corrections. We're happy that they did replace one of the dumpsters, but it already occurred. Yeah. And we can't go backwards on that. As far as condensation goes, if you look at code section 5301 to sections A through C, which is the code violator. If you specifically look in that section, I think the respondent is misinterpreting what the code says. It actually says, unless determined by the director to be unacceptable, the following discharges are accepted. It states that water from crawl space pumps or air conditioning condensation. You, the issue here is that once you have that condensation, it's picking up other pollutants and sediments and other trash. And as you can tell from the video and streaming it down into the, the stormwater system. The intent and goal of this section and when it would actually be permitted by the director would be a situation where there might be a direct discharge from the AC through some type of piping or other mechanism of purely water condensation. Yeah. Directly into the system, not dragging on the ground and picking up other pollutants into the stormwater system. So that's the issue. So I think there's just a misunderstanding of what the code says on the respondents part. Um, and as you can tell, we have clear evidence that these are irreparable and irreparable violations and we can't go back. This has already occurred. Um, so we do have a recommendation, especially considering that this is the, um, actually there was another violation for this property owner. And technically I believe it would be the third because they were part of a separate violation that we asked for 7,500 back forward that the special magistrate found this company in conjunction with another company for a $7,500 fine. So this would be the third violation. Um, and as I recall, um, from the second, the first one was, what was the date, Mr. Sean? The date was on March 20, 2025. That was the, they received the $5,000 fine. And then in August, 2025, I believe it was a $7,500 fine of which was graciously given because I believe the city asked for 10,000. So at this point, I mean, I don't remember the second one. I know the 5,000. I agree with that, but there was no second one. Okay. Well, even if it was given them the benefit of the doubt on that one, this is still pretty egregious. I mean. What's the city asking for? The city's asking for a one-time fine of $15,000 for that property paid by March, sorry, May 17, 2026. May 17. Ms. Madden, I'll give you the last word. I mean, we've changed the garbage. I agree with that. But on the ICE machine, I mean, what are they supposed to do? Because that was all part of code when they did the build out and everything. I mean, I don't think it's the best place to give advice. We can have staff discuss that with her, but I would, as I said it before, typically this was something that, per the code, the director would be able to approve some type of mechanism to have a direct disbursement into the storm. I mean, I agree. If it's approved, you know, but that would be something that would have to be approved by the public works director. I agree with the garbage. The trash can I absolutely agree with, but the ice maker, I mean, that's all was all there in code and nothing's changed in years. Yeah, look, the oil is enough to make a fine in here, because this is a repeat violation, and as I've said a zillion times as I sit here, whatever grace I give you on the first time around, I don't repeat. You know, so, I mean, I am going to assess the fine here. I'll give you, we'll give you in the city, you know, some time to figure out what to do about that water, and you can go meet with them. Okay. But, I mean, the city's not wrong that, I mean, you can't have, because at the end of the day, right, even if it's water, if it's water that's picking up, like in this particular case, it's probably picking up some of the grease that's down there. Oh, I have no doubt, but it's something that was there. The water discharge in this particular case is clearly a violation just because of the nature of the debris that you have around where the water is discharging. Whether or not you could create something that will comply, I'm not going to prejudge how that's going to go. But in this particular case, it's clearly a violation, at least it is, as I understand the code section. So, I'm going to issue the one-time fine, the amount of $15,000 payable by May 17th. And I hope you'll meet with the city and figure out how to resolve at least the water issue. It sounds like you've resolved the oil issue, so hopefully that'll be that on that one. But, I mean, we've got to keep the oil out of the drains. Thank you. Thank you. Case number nine? Yes, ma'am. Case number nine, IR, code 26-000652. The property owner is Granite Worthing, LLC. The registered agent is Corporate Creations Network, Inc. The property address is 32 Southeast 2nd Avenue. And the code officer on the case is Randell Strawn. Good afternoon again. Randell Strawn here, code officer for the city of Derrick Beach, Florida. Here for case number 26-00652 for the property at 32 Southeast Atlantic Avenue. The address is 32 Southeast 2nd Avenue. Service was accomplished by certified regular mail on April 10, 2026. In addition, both the city hall and the property was posted on April 9, 2026. There's an affidavit posted for the case attached to the files. I have not had contact with the property owner. The property owner was cited for illicit discharge. On March 27, 2026, I, code officer, reserve, garbage, juice, leakers coming from the garbage from packed dumpsters in the real property resulting into illicit discharge flowing into the city store in Watertight water Dirt or Dirt or Dirt Nards Range due to the non-maintenance of the waste fluids which is in violation of ordinance group 3.12, subsistion of A to C. This property also was publicly violated for the same issue on March 13th and the file was assessed. was assessed i have seven photographs of this property to the case that i would like to introduce as evidence exhibit number one showcase the popular appraiser for the owner exhibit two is a screenshot of the property itself highlighting the blue compact container sit right back here exhibit three is a photograph of one of two of the restaurants compound which was taken on april 8 2026 exhibit three is part tavern also taken on march 31st 2026 exhibit four exhibit five is a photo of grease coming from the one of those containers dumps containers and stained the side stained the concrete and this was taken on march 27 2026 exhibit six taken on march 27 2026 another photograph or and this is discharged this is a ticket this is it was seven taken on march 27 2026 so on and this is discharged from from the doctor container this is a video of that exhibit eight is a picture of the dumpsters connectedly this was taken on march 27 2026 and this is a this is the posting for one of the two restaurants and this was posted on april 9th 2026 and this is every 10 shows the affidavit of that at this time i'd like to introduce the tenant sorry can you state your names please hi good afternoon my name is manuel perez i'm a service supervisor of working place grant where are you a super super where do you work sir uh working place uh the building that's what i'm i would like to ask you if the violation is against also against those two restaurants they they rent uh uh this basis to uh it's the property owner so you you hear on behalf of the property owners correct so that's you're responsible for your tenant's action and who do you have with you sir i'm connie hayes the assistant manager of working place of the building yes and ma'am i'm shelby i'm a leasing agent um within the building we're here on behalf of ownership is there any possibility ownership to be on the phone to speak we typically i don't believe our rules allow for phone participation that's probably something you should have asked before you got right yeah we would have had to regardless they couldn't be here so we're here on their behalf are they authorizing you to speak on their behalf and proceed so they're not they don't want or need to be here it's just if they could listen in the background or something i think we're going to proceed with what we have um in the future if you want to make arrangements for that you should contact the city ahead of time what's the city asking for well i guess let me let me let you respond so the city's alleging that uh illicit discharges are coming from the two tenants in your building the picture that you show is one of the dunces without a cab or something like that that it's greased that's why it's greased on the floor right yes but now that's not the water coming from that same ice maker from uh ruckus tacos this one you referring to let's go let's go to the actual this this is on the prop their property correct yes there's a picture showing that that's the one that belongs to one of the restaurants this is on your property yes yeah but the the ruckus tacos are next to us it could be any any of those officer strong with the that dumpster who does it belong to it's about it's about four or five dumpsters in one one area so but it does it does sit on that particular property so but they all they all mark uh who belongs to is is this dumpster sitting on this property at uh yes at uh 32 32 southeast second avenue yes avalon has its own dumpsters on their side and we've checked we've checked the dumpster there's there's caps on and there's no leaks coming from the dumpster this particular dumpster right here is it the fire so there's a crack in it and that's what's causing this leakage from coming from yeah but what i'm trying to tell you is that ruckus taco has two dumpsters that's in the same area right there too so ours had the caps on it officer did you see the the materials coming from this dumpster yes the dumpsters located on their side of the property so in your testimony is that the dumpster that was linking was the dumpster that was situated on 32 southeast second avenue yes sir no i understand but what i'm trying to tell you to see if you understand is that yeah i get that you're not the only person polluting here but the only question for me is whether or not you are polluting here i mean i would i mean i'm hoping the city stops all the polluters but the question here is whether or not there's a violation occurring on your property and the officer as you heard the officer's testifying that yes i'm not saying no sir i'm just saying i'm just asking if those are the dumpsters that belongs to those two restaurants that we rent the the area for because there's two more downstairs from rocco stack i think the officer strong what he said and then stop me if i'm saying if i'm saying this incorrectly but i believe what he testified was that the dumpster in question was the one on your pro the one in this photo was the one on your property because there is a bit of a slope so we know that there's stuff coming from the broncos yeah i understand yeah but those two dumpsters they were yes on your side yes anything else you want to tell me a good idea if we have a picture with the dumpster's numbers every dumpster has a number and that number tells you which uh you know you're i mean one of the things that i always think it makes sense to do though again i should not be giving advice i certainly don't but um when an officer especially like you know suggests you know one of the things you can always do is call them up and have them come and meet them and walk the property with them and talk to them about the violation the purpose of code enforcement is to help you come into compliance this is the last resort part when i get involved um but um but their purpose is to try and comply you you know so you know you you can i don't know if you've had contact with the officer officer have you no pictures of like showing it on our side or showing the the dumpster number anything this is zoomed in really quickly and which one was the one in question all the dumpsters on their property all of them yeah all of them right so the one in question was the video that was just screaming down to the storm drain and what's the city asking for here city is asking for once i find fifteen thousand dollars to be paid by mark by may 17 2026 for that particular property i'll give you the last word but one correction um might just add stated that uh this product was privileged by later on march 13 2026 that we got it for 2026 25 25 okay yeah because i don't think we'd have resolved it if i'll tell you the same thing that i told the others the first time i try to show you some grace to get it there when this starts showing up again i i'm less inclined to do so i i do think it is a good idea to reach out to the staff if you're if you think that there's issues that are not related to your property you got to bring the staff and you got to talk to them um the problem with all of this again is that the city also the city isn't entirely sovereign when it comes to waterways right the city has to deal with other governments that also hold the city to pretty high standards as well so that's one of the reasons that they tend to be very tough about these things not just because they're protecting the citizens of del rey from water quality which i'm sure they are but also because the state has concerns about such things as well and holds the city's feet to the fire as well so they tend to be pretty fierce about these things these are things that you really have to keep an eye on and to monitor i'm going to assess the one-time fine the amount of 15 000 and i hope i don't have to see you guys again thank you thank you okay we're moving to the non-compliance case case number 14 case number 14 code 25 000 138 the property owners are bright horizon investment corp the registered agent is samuel canter and goku inc where the registered agent is gwen gove the property address is 32 east atlantic avenue and the code officer on the case is connelly good afternoon on october 15 2025 a special magistrate found that a violation for city code section 4.6.6 subsection c subsection 1 for case 25 dash 000138 issued by a past officer existed at the property 32 east atlantic avenue delray beach florida the violation is of two um unscreened thank you two unscreened dumpsters behind the restaurant elizabetta's the magistrate ruled that the property had 30 days to obtain an approved permit to screen the refuse area or receive a daily fine of 100 on january 6 2026 a magistrate order inspection was conducted and it was discovered the property owner had not obtained a permit to screen in the refuse area another re-inspection was conducted april 13 2026 and as of today april 16 2026 the case is still non-compliance um i have four new documents that i would like to submit into evidence and the city suggests that we lean the accrued fine amount for fifteen thousand three hundred dollars and continue the daily fine of a hundred dollars until compliance is met so this first photograph here this is just a demonstrative photo so to just show the business correct yes so these new exhibits exhibit one taken on march 18th yes um this was taken during one of the re-inspections prior to hearing but it got rescheduled then exhibit two is the magistrate order um dated on october 15th 2025 and then here is the affidavit of posting for april 6 2026 it was actually hand delivered to the restaurant and here is exhibit four on april 13 2026. i couldn't get the same angle as the original photo because there's a truck blocking it but i just wanted to show that the refuse area still has not been screened they do have a permit it's on hold why is it on hold it says they need to respond and resubmit or update documents with setback requirements hi can you state your names please christy bellino and what is your position with the respondent uh i'm with elisa bettos you're the one i'm with elisa bettos restaurant are you the owner of the restaurant uh no but i'm representing the we're the ones working on the revision of the trash enclosure this is on our property what i'm so sorry what is your title or are you with i'm the i work for big time restaurant group i'm the coo of big time restaurant group okay they're a parent company parent subsidiary okay or a parent company not a subsidiary parent company and then who are you i'm kevin slater i'm the project manager for the restaurant group same one and did the property owner it um authorized you to be here today yes okay thank you do you have any objections to the photographs the city would like to put in evidence no that objection so admitted so where's the screen so uh we have so we've had a couple reschedules of these hearings over the past three months um so we're here today we have resubmitted our survey as requested we've been in contact with as well uh and then we received some information back from michelle hewitt who we've been working with on these revisions from the city that there was a parcel that was purchased by the owners that was not on the survey that was submitted with our most recent permit application and we needed to have a new survey completed with the two feet additionally added with the parcel that they brought on after they purchased the property added so that's what we are in the process of doing right now we have a survey scheduled and we're waiting for that to be completed and to get the cad drawings for the resubmission when was the original compliance date um the original compliance date was november 5th or 16 2025. that's a long time ago we've had about i think four submissions for our permit since then with different requirements each time i just like that it's not from lack of action you know every time we're waiting on response times which range every single time um and we can't act until we get a response which also requires that resubmit these documents and then now most recently we have to now can a new survey due to the addition of the uh yeah we didn't have that information until the last so every time we have the information we're acting on i mean is what you're trying to tell me that the delays are the city's response time no not at all i think as soon as we're getting the responses we are responding but there's been things that have come back every single time that we've had the information coming back and forth we also had that curb put in last year and yes and that was after it was like originally noted that we needed there to be a change there so we've already done one revision and that was i think 12 months ago at this point um so this additional information that we got in october was on top of that original change yeah definitely that that's the the owner's problem not this the city's so it seems like you know just at this point we just asked that you you know find that they're still out of violation keep the fines going and lean the property and then they can work out whatever they're doing hopefully bring this into compliance yeah i think what i'm going to do is i'm gonna i'm gonna assess the fine and i'm going to keep it rolling until you bring it into compliance once you're in compliance there are methods that you can come back to revisit that fine but at this point yeah at this point i'm not going to change the underlying order um but um but you can talk to the city staff about um about reduction of fines but that's only possible once you're in compliance right all right uh in this case uh 2500138 i'm going to assess the fine of 15 300 and continue until it comes into compliance thank you and we're continuing the daily 100 a day fine thank you case number 15 code 26 000 534 the property owner is m dg banyan delray partners llc the registered agent is coach nc global inc the property address is 10 north swinton avenue the code officer is connor lee good afternoon on february 5th 2026 a special magistrate found that a violation for city code section a 4.5.1 subsection e subsection 9 subsection a plus subsection b subsections 1 through 6 maintenance of historic properties for code 26 000 534 existed on the property 10 north swinton avenue delray beach florida the property is for maintenance needed for the structures within the property the magistrate ruled that the property had 30 days to correct all violations or receive a daily fine of a thousand dollars per day on march 9 2026 a magistrate order inspection was conducted and it was observed that the property owner had made all the correct excuse me that the that the property owner hadn't made all the corrections needed for compliance another re-inspection was conducted april 15 2026 as of today april 16 2026 the case is non-compliance i have seven new documents and seven previous documents from the case to submit into evidence and the city suggests to lean the accrued fines for the amount of 39 000 and continue the daily fine of a thousand dollars until compliance is met so you know this is this is the case i believe from my understanding certain things have been done right like oh yeah right so let's just get to what's still outstanding i see yeah yeah um okay well um these are from the previous cases just showing the buildings some of the violations shown i remember it wasn't that long okay um so exhibit one um this was the board order re-inspection um just a photo taken of the property and here is the board order dated for february 5th and that's exhibit two exhibit three this is the non-compliance affidavit signed by officer james easley on march 9 2026 and then march 9 2026 exhibit four this is the photo taken of what is left of the violations on the property it's the wall that had been damaged from a previous accident and then here's another photo exhibit five taken on march 9 2026 of the same wall just at a different angle with the building in the background showing it's the same property um and the affidavit of posting for this hearing was april 6 2026 and then here is a photo of the posting on the building on april 6 2026 exhibit 7 like to submit these documents for evidence so i understand is the wall the only thing that's not in compliance um for the violations listed out on the property yes and it actually looks like the there was a wall permit issued on tuesday so 04 14 26 but the wall still remains on property and is damaged the other issues with the property were fixed you inspected them yes officer easily noted in his re-inspection that the only violation left on property was the wall sir can tell me your name please yes steve michael um do i need my address 909 mcclary i think we have it okay so uh yes i before you go just do you have any objection to those photographs no all right without objections so admit it all right go ahead so after the last hearing i uh we immediately addressed all the items um including uh re-roofing a fraction a partial part of the roof even though the leak was really just due to the the exhaust fan having a gap but i even though and we are going to re-roof the roof so we're going to rip off the entire patch that we did but we did do it we did everything i met with james i called james within a week or so maybe 10 days and i said let's come out to the property i'll get inspected i did explain that the wall the reason why we can't repair the wall number one we had a permit application we were about to submit which we have submitted for the entire project a rehabilitation of the building for me to act so it was i again i explained to him that i can't really repair a wall that i'm about to rebuild you know from an application that we had submitted probably a week or two later um and i thought he i thought we agreed that that was sufficient as long as the permit application because the permit application would automatically put this on hold um and irregardless of that if i did if it wasn't going to pull a permit and and rebuild the entire building and the new project i would be required to submit a permit this is a historic structure that wall is a historic structure i would be required to submit a permit application to rebuild that wall that would put my entire project on hold until that application is approved and then we rebuild the wall i have a 20 million dollar construction loan that i'm currently in default because of this violation i don't understand why i'm here i mean i think i complied i complied with everything that i could comply with and the wall is going to be complied in the in the permit that's already in in application so the reason i i can't figure out what i'm doing here i've just i've discussed this um briefly with our um assistant director um of development services um and i just just want to be clear that this is this is separate whatever separate construction issue or um i don't want to say issue or project that is ongoing it's separate from the wall he still has to fix the wall so i i think that's separate and apart i don't know if you have any questions for the assistant director but from our understanding and from review of this case not that i'm testifying i'm just making the argument what is compliance here obtaining a permit to fix the wall we'd have to look at the order give us one moment do you mind if i ask is the wall repair of the wall and the structure around actually it's going to be rebuilt isn't that part of the permit application either one we have to swear yes okay thank you 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 thank you so you're you're in the midst of submitting a permit no no the permit application has been submitted and the permit application includes rebuilding of this wall yeah because the wall is being reconfigured okay the permit is not i'm sorry i'm just trying to understand um the permit is not also for the uh three story yes it is it is okay but by the time that permit is issued couldn't the wall have been fixed or are you working on this on the historic structure first because that's i believe the most important part of the of the whole project um and it is a small part of the wall i don't know how long it is maybe 10 feet long maybe less five feet um it's pretty insignificant and it does take a while to um you know you're gonna you'll get your permit but there's no guarantee that you're going to start work immediately so why i think the city wants the wall to be go ahead and be fixed this property's gonna be fenced i'm sorry for interrupting you but unless you do a separate permit maybe get your um you know your the project permit done separately but still go ahead and fix the wall that way they're two separate issues um it needs to be not important so just to add to this anthia geniotis development services director the preservation of docks which is a historic building that the citizens have all agreed is important to maintain the wall is part of that historic structure and while there's a three-story office addition with a new kitchen and other things that was submitted on april 1st that permit a simple repair and replace permit to fix the wall now so that it's shored up as the other part goes because the intention and if i'm correct is to maintain the historic structure as part of the new development so sort of maintaining it now instead of a year from now i think would be very helpful i think what the city is trying to say is they want you to fix the wall and and that is part of the whole rehabilitation of docks that's part of the permit application that we submitted yeah i guess if i understand the city correctly because i i see your the communication isn't going great here but if i understand the city correctly what the city's point is is that whether or not you're going to rehabilitate the problem or not fix the wall so you are did i did i interpret you correctly so you're so i mean in i think the city's point is i guess your point is is that you have this whole thing doing and you want to do the wall as part of it and i guess the city's point is that who knows what's going to happen with that development there's a long process to go through they don't want to wait for you to fix the wall depending on how the that turns out they want you to just fix the wall but the process isn't long where as soon as the building permits issued we are fencing off the property and starting construction and part of that includes rebuilding the wall so you're asking me to pull an additional permit to rebuild that section of the wall that's covered in the permit that i've ready i'm not asking you to do anything i generally don't ask people to do anything i just ask you to be in compliance yes i'm asking for him to do a repair and replacement of the wall so that while the three-story how many thousands of square feet is the addition 21 000 yeah that build that project which will take a while to start it i'm not sure is the plot finished the plants just because i don't remember signing it so that's going to hold the building permit as well whereas the repair replacement of the wall could happen immediately it's a small permit it's not very expensive this is a historic structure so waiting for the larger permit this could be done quickly right it's right at atlantic avenue and swinton docks is sort of a beloved building and we're excited for the redevelopment that will preserve it but this is a small start that could be done relatively quickly i'll give you the last word sir um again i i don't understand submitting a second permit now i will if that's what i have to do to resolve this i i i probably the you know the permit that we have in application currently will be approved before this is done but i will be happy to do it um but i am asking i have been as you know i've been uh they they've requested to assess fines if i have a lien right now i'm in but i'm in default of a loan i don't know what's going to happen if my lender finds out that i defaulted and i have a lien on my property over this my this this is a extremely minor issue and i can't i mean that that's that's a bigger issue for me than pulling a permit to repair this wall which i'm happy to do if that's what is necessary to resolve this and i think i'd like to ask connor at any time when you ask me or any of the code officers tell me there's an issue with anything on that property am i extremely responsive to fix and repair anything yes yeah you were strong you responding immediately i'll be honest my inclination is to issue a lien in this case i probably not the one the city wants because i'll take into account the fact that you comply with just about everything other than the wall i'm actually kind of perplexed why you didn't just fix the wall and bring this thing into compliance but be that as it may we're here um i i can delay the assessment of the lien if you you know but i mean my inclination is i i'm probably looking at a fine at two hundred dollars a day so we're talking about 7 800 at this point um i can delay the assessment of that so you don't go into default and you can fix the wall and then pay it um but um but that's what my inclination is to do just just so we don't make a complicated order let's reset this for what's the not the first one that's too quick the 17th the 21st 21st 21st we'll reset this for the 21st that'll give you time to try and get this thing resolved try and do it very very quick and if then then we'll settle what the fine amount should be on the 21st yeah i'm not changing the underlying order but uh but we'll reset it for the 21st that'll give you some time so that you don't necessarily have a lien of record but fix the wall thank you thank you thank you that's it right yes all right we're adjourned