I call this meeting to order. This is the Code Enforcement Special Magistrate for the City of Delray Beach. Cases will be called in the order in which they appear on the agenda unless otherwise noted. When you hear your case called, go ahead and proceed directly to the podium on my left-hand side. The City will present its testimony and evidence first. You'll have an opportunity to review any evidence that the City has submitted 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-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 I'm going to ask that if you're going to testify today, or you think you might testify, or there's a possibility that you might testify, would you please rise and raise your right hand
so you can be sworn in? 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.
Please be seated. Just a couple of programming notes. While this is a fairly large room, it turns out that conversations carry pretty well in here. So if you're going to have a conversation or you need to talk to somebody, please take it outside the chambers. And second, if you brought a phone, which almost we all do, right, that's fine. Just please turn your phone into silence so that doesn't disturb the proceedings. All right. First item on the agenda is the consent agenda.
Requesting approval of the consent agenda as written. So approved.
Thank you. I don't think we have any minutes
for today. Not at this time.
All right. Let's call our first case.
Thank you. Case number one. Code 26. 001 154. The property owners are Wisland Quality LLC. The registered agent is a Josie Wisland. The property address is 5085 Northwest 5th Street. And the code officer on the case is Chantel Jean-Baptiste.
Good afternoon. I think your mic's on.
Can we pull yours over again? Good afternoon. My name is Chantel Jean-Baptiste, code enforcement officer for the city of Delray Beach. This property 5085 Northwest 5th Street was issued a notice of violation on September 26, 2026. Service was accomplished by certified and regular mail on September 25, 2026. In addition, both the property and City Hall were posted on September 27, 2026. An affidavit of posting is attached to this case. I have not been in contact with the property owner. This property was cited for 2.4.13. A building permit is required for an extended fence and installment of pavers on the driveway. As of October 27, 2026, the property has not come into compliance. I have nine photographs of the property to this case that I would like to introduce into evidence. The city is asking for an additional 30 days, which will be December 5, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for $100 a day until compliance is achieved. I would like to submit these photos into evidence. Exhibit 1 shows the full property. This photo was taken from Google and it shows the fence where it stops and then where the driveway has no pavers. Exhibit 2, this photo was taken on September 20, 2026, where you see the fence was extended and as well the pavers on the driveway as well on the right-of-way. Exhibit 3 is another photo taken from the street view on September 20, 2026, showing the extended fence and the pavers.
It's a different fence, isn't it?
Yes, to the side of the property.
So they took down the other fence and they put in this one?
They extended this one. The one closest to the property building number was already there. They extended the one that's It's the one
on the green swath over there. Yeah. Okay.
Exhibit 4, the property was posted on September 26, September 27, 2026. Exhibit 5 is the affidavit of posting. Exhibit 6 was my re-inspection, October 27, 2026, showing the full property where the fence is extended as well. The pavers were installed. Exhibit 7 is a second photo taken from the street view showing the full property on October 27, 2026. Exhibit 8 is a photo taken from the side of the property showing how far they went out and extended the fence on October 27, 2026. Exhibit 9 is the affidavit of noncompliance. These are my photos I'm submitting into evidence.
Without objection, so admit it. Is there anyone here on behalf of the respondent Winsland Quality LLC? Said you've had no contact with the owner?
I've had no contact with anyone from the property.
But somebody apparently did take down the notice of violation.
Yes.
You believe 30 days is sufficient amount of time for them to bring this into compliance?
Yes, it is.
In case 26001154 I make the following findings a fact that I find notice is sufficient upon the property in violation of Code Section 2.4.13 which was the failure to obtain a building permit for the extension of the fence and the pavers. Respondent has 30 days or until 12-5-2026 to bring the property in compliance for a fine of up to $100 per day. May I issue?
Thank you. Case number two. Code 26001198. The property owners are D-Doné Jean-Marie, Julio Jean-Marie, and Marie Maude Jean-Marie. Property address is 510 Lawrence Road and the code officer on the case is Chantel Jean-Baptiste.
Good afternoon. My name is Chantel Jean-Baptiste, code enforcement officer for the city of Delray Beach. This property, 510 Lawrence Road, was issued a notice of violation on October 8, 2026. Service was accomplished by certified and regular mail on October 12, 2026. In addition, both the property and City Hall were posted on October 14, 2026. An affidavit of posting is attached to this case. I have not been in contact with the property owner. This property was cited for 7.8.3 building maintenance of outside storage of vehicle materials. As of October 21, 2026, 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 asking for an additional 14 days, which will be November 19, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for $100 a day until compliance is achieved. I would like to submit these photos into evidence. Exhibit 1, photo taken on October 6, 2026, showing outside storage on the driveway, refrigerator, car materials. Exhibit 2 is taking a closer picture from the street view on October 6, 2026. Exhibit 3 is a posting on property on October 14, 2026. Exhibit 4 is an affidavit of posting. Exhibit 5, photo taken on October 21, which was my re-inspection. 2026, showing more items outside, tires, buckets, etc. Exhibit 6 is a zoom-in photo taken on October 21, 2026. Exhibit 7 is a non-compliance of first affidavit non-compliance. These are my photos I'm submitting to evidence.
So anyone here on behalf of the respondent seeing no one without objection, I'll accept those documents into evidence. You said you've had no contact here either?
I have no contact with them.
But the posting was removed from the building?
Yes, it was.
Has anyone attempted to remove any of this stuff or has it just been there every time you've been there?
They only remove a little bit but it's not completely in compliance. The refrigerator was removed but it's not completely in compliance.
And you believe 14 days is enough time here?
It's more than enough time.
All right, in case 26001198 I make the following findings of fact and lie. If I notice it's sufficient to find the property in violation of code section 7.8.3 outside storage being stored in the driveway including things like refrigerator door panels, gas and other automotive materials. Respondent has 14 days or until 12, 9, sorry 11, 19, 26. That's right. To bring the property in compliance or find up to $100 per day may issue.
Thank you. Magistrate, I just want to confirm they have until November 19?
Yes.
Thank you. Just wanted to confirm. Case number three, code 26001164. The property owner is 101 South Congress, LLC. The registered agent is Barrett's and Coleman, LLP. The property address is 101 South Congress Avenue, Unit B. And the code officer on the case is Joseph Oliva. Case will be presented by Aaron Kester.
Good afternoon. My name is Aaron Kester, code compliance officer intern for the city of Delray Beach. I'm here regarding property 101 South Congress, Avenue, Unit B. Case number 1164, this property received a notice of violation on September 24, 2026 for code 2.4.13, subsection B, building permits for modifications to the electrical system. Service was accomplished by certified and regular mail and posted to city hall on September 24, 2026. In addition, the property was posted on September 24, 2026 as well. An affidavit of posting and mailing and an affidavit of, first affidavit of noncompliance are attached to the case. I have been in contact with both the tenant and the owner of the property. The property was given an initial 30 days to comply with the violations. Reinspection was conducted on October 27, 2026 and the property was still not in compliance. As of October 27, I have attached eight photographs of the property to the case that I would like to introduce in evidence. Exhibit 1 is a photograph up angle of the ceiling showing the fans and other light fixtures that were installed that were not initially there. Exhibit 2 is a close-up of the fans including the electrical box for the fans that's in the upper portion of the picture. Exhibit 3 is a close-up of the wall-mounted units of lighting that were installed as well as the modified electrical box that is just to the right of the panel. Exhibit 4 is another picture of more lighting that was attached to the ceiling. Exhibit 5 is another display closer to the front of the store that was installed as well as the electrical box and the junction box in the ceiling there. Exhibit 6 is the posting to the property on September 24 as well. Exhibit 7 is the affidavit and posting and mailing. Exhibit 8 is the affidavit of first affidavit of noncompliance. I would like to introduce these eight exhibits into evidence.
Ma'am, can you tell me your name please? Can you spell your last name please? Adoni? Ma'am, what's your position with the respondent Barrett's and Coleman LLP?
I'm sorry, that wasn't registered.
So you're the owner of 101 South Congress LLC? Ma'am, do you have any objections to the photographs, the eight exhibits that the city would like to present? Without objection, so admitted, does the city have anything further?
At present, there were two electrical permits that were pulled to reach compliance. The first one has been issued. The second one for the electrical panel was submitted on November 2 in new document interview status with the city. So they are actively working to come into compliance.
What remedy is the city seeking?
The remedy, the city is seeking 30 days or $100 a day until compliance is achieved.
And do you believe that's a reasonable amount of time to get this done? Yes, I do. The city wants to give you another 30 days. Is that enough time for you? I'll give you the 30 days. It should be enough time, but these things can sometimes drag, so you do have to stay on top of it. All right, in case 26001164, I make the following findings of fact-in-law, if I notice it's sufficient to find the property in violation of 2.4.13B. Specifically, they need permits for the new electrical that was installed. We give the respondent 30 days to come into compliance or a fine of up to $100 per day may issue. Good luck.
Thank you. Case number 4, Code 26001131. The property owner is Stephen G. Cashian. The property address is 920 Alamanda Drive, and the code officer on the case is Randall Strong.
Good afternoon, Manus Rick. Randall Strong here, code officer for the city of Dairy Beach. Here representing property at 920 Alamanda Drive for a recreational trailer on private property. Service was accomplished by certified mail sent on September 16, 2026. In addition, both the property and the city hall was posted at the property on September 17, 2026. Affidavit of the posting is also attached to the case files. I have had contact with the property owner on two occasions. The property was cited for an unscreened recreational trailer on September 14, 2026. I, the code officer, observed an unscreened trailer in the driveway, which is a violation of 4.613, subsection 8 and 2. As of November 4, 2026, the property, the case has not come to compliance. I have six photos I would like to introduce in the evidence. This is the violation that was taken on September 14, 2026, the recreational trailer part in the driveway. Exhibit 2 depicts the posting of the property, which was taken on September 17, 2026. Exhibit 3 is the posting on the affidavit and exhibit 4 is the noncompliance photo that was taken on September 27, October 27, 2026. And this is the affidavit for the noncompliance photo as well.
Do you want to submit those in evidence? Yes. Is anyone here on behalf of the respondent, Stephen G. Cashian? Seeing no one without objection, I'll admit those into evidence at the city's composite exhibit. What was the remedy you were seeking?
The city asked for 30 days for compliance by December 5, 2026. If not, $50 until compliance is achieved.
You said you've had contact with the respondent?
Yeah, twice. What are you planning on doing? You're planning on moving the recreational trailer to Ocala, Florida. So he said by December 5, he should be moving by then.
He said he can move it by December?
5, yes. Well, that's the deadline.
Well, he gets a laugh to one way or another. All right. Case 26001131, I make the following findings of fact in law. If I notice it's sufficient to find the property in violation of Code Section 4.6.1382, specifically the parking of the recreational vehicle that is unshielded on the property. Respondent has 30 days to bring the property in compliance or by 12-5-2026 or a fine of up to $50 per day may issue.
Thank you. Case number 5, Code 26001155. The property owner is 39 Southwest 12th Avenue, LLC. The registered agent is Todd M. Wilson and the property address is 39 Southwest 12th Avenue and the code officer on the case is Reggie Williams.
Good afternoon. My name is Reggie Williams, Code Compliance Officer for the City of Derry Beach. I'm here regarding property 39 Southwest 12th Avenue, case number code 26001155. The property was issued a notice of violation on September 23rd, 2026. Service was accomplished by a certified regular mail and posted to City Hall on September 25th, 2026. In addition, the property was posted on September 27th, 2026. An affidavit of posting and mailing and first affidavit of noncompliance is attached in the case. I have not been in contact with the owner of the property. This property was cited for maintenance of building for a damaged fence on the property. As of November 4th, 2026, the property has not come into compliance. I have attached 10 exhibits to the case that I would like to introduce into evidence. Exhibit 1, taking September 22nd, 2026, is a clear shot of the vacant lot property. Exhibit 2, taking September 22nd, 2026, is the damaged fence that's on the property. Exhibit 3, taking September 23rd, 2026, is the damaged fence that's on the property. Exhibit 4, is from pictometry, shows that the fence right here is for the vacant lot and not the property over here. Exhibit 5, taking September 27th, 2026, is the posting of the affidavit, I mean the posting of the notice of violation. Exhibit 6, is the affidavit of posting and mailing. Exhibit 7, is my re-inspection, taking October 28th, 2026, and is the clear view of the vacant lot. Exhibit 8, taken October 28th, 2026, shows the damaged fence. Exhibit 9, taken October 28th, 2026, shows the damaged fence. Exhibit 10, is my first affidavit of noncompliance. I would like to introduce these 10 exhibits into evidence.
Is anyone here on behalf of the respondent, 39 Southwest 12th Avenue, LLC? Seeing no one without objection, I'll accept the 10 exhibits into evidence.
The city is asking for an additional 30 days, which will be on December 5th, 2026, for them to come into compliance. If they do not come into compliance, then the city is asking for a $50 daily fine until compliance is achieved.
Did you have any contact with anyone on that? No. This is just a vacant lot?
Yes. And it's under LLC. So they received, to the registered agent, they received the notice in the mail.
And nothing, huh? No. And you believe 30 days is a reasonable amount of time to bring this into compliance? Yes. Sorry, Councilman, yeah.
Another thing I wanted to add for a reference point, Your Honor, if you look at the slide that's up, the vacant lot and the lot that's just above it with the white building, although they're two separate lots, so the vacant lot was one notice posted. They're both owned by the same entity, and the chain link fence does surround both lots in its entirety.
Okay. All right. In case 26001155, I make the following findings of fact. And the Wi-Fi notice is sufficient to find the property in violation of 7.8.3, specifically the damaged and damaged chain link fence. The respondent has 30 days or by 12-5 to bring the property in compliance or a fine of up to $50 per day may issue.
Thank you. Thank you. Case number six, code 26001211. The property owner is 1010A1A, LLC. The registered agent is Christopher Bernardo. The property address is 1010 South Ocean Boulevard, and the code officer on the case is Travis Jinx.
Good afternoon. My name is Travis Jinx, code compliance officer with the City of Delray Beach. I'm here regarding property 1010 South Ocean Boulevard, case number 26-001211. The property was issued a notice of violation on October 14, 2026. Service was accomplished and certified, accomplished by certified and regular mail and posted to City Hall on the same day, October 14, 2026. In addition, the property was also posted on October 14, 2026. An affidavit posting and mailing and first affidavit of noncompliance is attached to the case. I have not been in contact with the owner, but I have been in contact with the GC regarding the property. The property was cited for Section 4.4.3, Subsection I, Subsection 1 through 11, Construction Site Meanings, as well as 4.6.17, Subsection D, Subsection 2, Erosion Setup and Control. As of November 4, the property has not come into compliance, and I have attached 10 photos of the property I would like to introduce into evidence. Exhibit 1, taken on October 10, is the view of the property from the road. You see the debris, no dumpster, lack of aggregate, no silt fence. Exhibit 2, also taken on October 10, is just a close-up of the debris and trash that was left on the property. Exhibit 3, taken also on October 10, is just another angle, another view looking at the road, the property from the road. Exhibit 4 is just a close-up of some of the paint cans, some of the trash that was left on the property, taken on October 10. Exhibit 5 is the posting of the notice of violation, taken on October 14. Exhibit 6 is the affidavit of the posting and mailing. Exhibit 7, taken on October 29, is my re-inspection of the property, where you still see trash and debris left on the property. Exhibit 8, taken on October 29, is from the road, right-of-way, where you see the, I guess, sand and dirt moving on to the sidewalk and heading into the right-of-way, to the street. Exhibit 9, taken on October 29, is just another view of some of the paint cans, dead palm fronds on the property. Exhibit 10 is my affidavit of non-compliance. I would like to introduce these 10 photos into evidence.
Sir, can you tell me your name, please? Alex Gomez.
You're saying Alex
Gomez? Yes. Mr. Gomez, what's your position with the respondent? I'm the general contractor and I'm also part of the LLC. Mr. Gomez, do you have any objection to the photographs that the city would like to put in evidence? No. Actually, I've already, I've had the rock delivered this morning and it's already being taken care of. All right. Without objection, I'm going to accept those into evidence. What is the city seeking here?
The city is asking for an additional 15 days, which would be November 20, 2026, for them to come into compliance. If they do not come into compliance, $100 daily fine until compliance is achieved.
Mr. Gomez, the city is asking me to give you 15 days to come into compliance. Is that a sufficient amount of time for you to do that? Absolutely. Okay. And you understand what you need to do? Yes. Okay. All right. In case 26001211, I make the following findings of fact in life. I notice a sufficient amount of the property in violation of the listed code sections I adopt by reference to testimony of the code officers to the nature of those violations. Can they respond at 15 days to come into compliance or by November 20, 20, 2026 or a fine of up to $100 per day may issue? Good luck, Mr. Gomez. Thank you.
Thank you. Moving on to old business. Case number seven. Code 2600674. The property owner is PR Borrower 27 LLC. The registered agent is Corporation Service Company. The property address is 305 Southwest 7th Avenue and the code officer on the case is Code Supervisor Latoya Thompson. This is a reduction of lien or fine requests.
Good afternoon, Special Magistrate. I am Code Compliance Supervisor Latoya Thompson with the City of Delray Beach. Originally found in violation on May 21, 2026 for building maintenance. Given 30 days to come into compliance or $100 daily fine, property was re-inspected on July 21, 2026 and the property still was out of compliance. The case was barred, the property was barred into compliance on September 15, 2026 and there is an accrued fine in the amount of 5,600. The owners are asking for a fine reduction. I have attached previous and new photos of the property that I would like to introduce into evidence. Exhibit 1 is this. This is the re-inspection that was taken on September 15. Exhibit 2, also another re-inspection photo. Exhibit 3.
What am I looking at?
These are re-inspection photos. I did put in I did put in old photos so you can see the difference but it was removed. So these are all the issues, the roof, under the kitchen sink that was taken, the ceiling, that was, those were all the issues that he had to fix and they fixed it and I like to introduce those into evidence.
Sir, can you tell me your name?
Sure.
Brad Bux.
I'm sorry, can you say your last name one more time?
B-U-X.
Mr. Bux, what's your position with the respondent?
Property manager.
Might want to pull that microphone over to you. Might make it a little easier. Property manager. Alright, thanks. Sure. Mr. Bux, I assume you don't have any objections to the photos showing that you're in compliance?
I do not. Unfortunately, we don't have the original photos which would show quite a stark difference between the original and what we have today.
Well, they're in the file. Sure, sure. But for the record, I'll accept those photos in. So Mr. Bux, what are you asking me for and why should I grant it to you?
We've been in constant contact with the code office throughout the process. We actually had to bring in our DART team, which stands for Disaster and Recovery Team due to the severity of the issues. We basically had a hole in the roof leaking water into the structure, rotting out the ceiling, messing up the cabinetry, flooring. We had some plumbing issues to deal with. Permitting was necessary for this project and unfortunately, we had to take extra time and that was the extra 56 days and today for that, we now have a fantastic property for a new Delray Beach resident and we're asking for a lien reduction for that.
What specifically are you asking me for, sir?
$500 plus administrative fees and or any court costs.
What's the city's position on this request?
The city's suggesting a reduction of fines for $1,400 to be paid within 30 days. That's 25% of $5,600.
Why did it take 56 extra days?
Through permitting process, we had to bring in a technical team with more expertise. It was not standard. Bring in a general contractor. There was a structural review taking place. It was a very comprehensive project, not a simple cut and dry, cut the grass and move on.
Why don't you guys ask for extra time if you saw you were going to have to go past the time?
Unfortunately, that was in the DART's team queue. We informed them internally and they were managing the process.
Tell you what I'll do. I'll reduce it to $1,200. How much time do you need to pay?
30 days. 30 days a day? Excellent.
Case 2600674, I'll reduce the fine from $5,600 to $1,200 payable within 30 days. If it's not paid within that time, it does return to the original amount.
Understood. Thank you.
Thank you. Case number 8, code 26001004. The property owner is Delray Beach Associates, Inc. The registered agent is Marsha Stalker Evans Law. The property address is 814 East Atlantic Avenue. And the code officer on the case is Reggie Williams. This is a request for an extension of time.
Good afternoon. My name is Reggie Williams, code compliance officer for the city of Delray Beach. I'm here regarding property 814 East Atlantic Avenue. Case number code 26001004. Originally filed in violation on August 3rd, 2026 for unpermitted sidewalk cafe and tent structure. The case was presented to special magistrate on September 17th, 2026, given 30 days to correct all violations or $150 daily fine. Upon re-inspection, October 18th, 2026, the case is still out of compliance. I have included three photos from the original case and three new photos of the property. The owner is here requesting a stay of fines and an additional 30 days to come into compliance. Exhibit 1, taken October 18th, 2026, this is the front. The tables and chairs were removed. Exhibit 2, taken October 18th, 2026, is the back of the property that shows the tables and the tent structure still remains. And Exhibit 3, taken October 18th, 2026, is a zoomed-in photo of the other tent structure and the chairs located there.
Ma'am, can you tell me your name?
My name is Kristen Suruby. I am the property manager representing the owner.
So tell me what's going on.
So Bridge Cafe, Anthony Gervaisi, had the site. Unfortunately, they filed Chapter 7 in August. Unfortunately, with Chapter 7, we have no rights to touch the property. We did file a, to take back the possession. We just filed yesterday a relief of stay. So our lawyer anticipates we should have it back in our hands by the 17th of November. So a week from Tuesday.
And you're asking me for a 30-day pause?
Correct.
What's the city's position on that?
Before I forget, Your Honor, we do want to enter Exhibits 1 through 3 that were the corrective action and still remaining issues. Mr. B,
do you have any objection to the photos? No. All right. So admit it. All right.
Your questions were exactly my questions. I was curious whether any action had been taken to actually seek the relief. But if the motion's been filed, they anticipate that motion being resolved within two weeks, hopefully. You know, I don't, the main concern with 30 days, if it may be resolved in two weeks is we are in storm season and this is a unpermitted structure that has chairs and tables on outside storage. I don't know if they can move them inside because that's not really removing the assets. It'd just be relocating them for a safety purpose.
I think their argument is they're not allowed to do anything.
So I actually was just at the property before I came in. I provided to Reggie. They did remove the chairs from the canopy area. They're apparently having an auction. They're tagged this weekend for the remaining items. And again, our lawyers said they filed the relief of stay and we should have it in our possessions by the 17th. The minute we get it obviously we'll remove the structure but as of right now we can't do anything.
The 25 days would be November 30th so that would have a little buffer zone. I think that that's
I'll give you until the 30th but obviously if you can do it quicker please do.
Yes. Thank you.
All right. In case 26001004 I'm going to freeze the fines until November 30th, 2026.
Magistrate, just to clarify, so you're freezing the fines until November 30th and they're compliance. For compliance? Yes.
If they comply there obviously it doesn't continue. If they don't, it continues. All right. I think that's it, right? Seeing no further business before us we are adjourned.