i hereby call this meeting to order this is the special magistrate hearing for the city of del ray beach cases will be heard in the order in which they appear on the agenda unless otherwise indicated once you hear your case called go ahead and proceed to the podium on my left hand side which is right over here the city will put on its testimony and evidence first you'll have an opportunity to review any evidence that the city presents and 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 that 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 or there's a possibility that you might testify and ask at this time that you rise and raise your right hand so that you can be sworn in by the authority vested in me as a notary of the state of florida do you swear or affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth thank you i ask at this time if you haven't done already please turn your uh phone or any other devices you have to silent i'm going to also ask if you need to have a conversation or to discuss something with somebody to please take it outside the chamber while it might not seem like it sound travels pretty well in here and it becomes hard to do business while people are talking consent agenda requesting approval of the consent agenda as written so approved thank you i don't think we have any minutes right no minutes at this time all right i'm gonna call the regular agenda first case thank you case number one code 26 000804 the property owner is faye weisberg the property address is 870 bond way 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 dary beach this property 870 bond way was issued a notice of violation on june 18th 2026 service was accomplished by certified and regular mail on june 23rd 2026 in addition both the property and city hall were posted on june 25th 2026 an affidavit of posting is attached to this case i've had contact with property owner this case was cited for 2.4 point 13 subsection b a building permit for a ticky hut installed to rear of property without an approved permit as of august 6 2026 the property has not come into compliance i have attached six photographs of the property to this case that i would like to introduce into evidence exhibit one this photo was taken on june 17th 2026 showing the ticky hut installed to the rear of the property exhibit two was the posting of property on june 25th 2026 exhibit three is the affidavit of posting on june 25th 2026 exhibit four was a re-inspection of the property and checked in a permit no permit was applied for exhibit four that's just the front of the home the front of the property correct exhibit five taken on july 25th 2026 the ticky hut still there however vegetation kind of hides it but i was able to see it and witness that i saw it still present and exhibit six is the affidavit of non-compliance on july 25th 2026 and the city is asking for an additional 30 days which will be september 5th 2026 for them to come into compliance if they do not come into compliance the city is asking for 100 daily until compliance is achieved we'd also um again transparency say but would like to move these exhibits into evidence six exhibits so anyone here on behalf of the respondent in this case seeing no one without objectionable admitted evidence the exhibits one through six officer jean baptisti said you uh spoke with the respondent can you uh tell me what uh what's going on here i spoke with her the day of posting which was june 25th 2026 uh what she stated was um she's not required to apply for permits because she was grandfathered in and i told her permits has to be applied if a structure was built on the property and do you believe 30 days is a sufficient amount of time to bring may i ask for 60 days which would be october 5th 2026 and you believe that 60 days is a sufficient amount of time to bring this yes all right in case 26 000804 make the following findings of fact in life i notice it sufficient i find the property in violation of code section 2.4.13b the building of the tiki hut without a permit respondent has 60 days or until october 5th 2026 to bring the property in compliance or a fine of up to 100 dollars per day may issue thank you cases two through four will be heard together as they're all for the same address same property owner so i'm going to be calling them consecutively case number two ir code 26 000865 case number three ir code 26 000931 case number four r code 26 000932 the property owner for all three of these properties is two trick pony llc the registered agent is william m haycock jr and the property address for all three of the properties is 341 southeast 2nd avenue thank you madam clerk so while we're calling all up all the cases together because they have one single homeowner miss thompson is going to present each case separately because there are different facts so thank you for that and i'm not sure if the respondent is present today so good if he can come up thank you she's just going to go through each case and then we're still going to roll them separately because they have different facts and different photos okay thank you good afternoon my name is code supervisor latoya thompson and i'm here regarding an assembly and special event conducted without the required permit on june 13th 2026 during a routine vehicle patrol code enforcement observed a large gathering at the property located at 341 southeast 2nd avenue dowry beach florida this property consists consists consists of um the following businesses one two six units um you have e and b haitian restaurant for unit a unit b an unknown business unit c mimosa hair design unit d um able port the products relaxed barbershop unit e laroque multi multi service and unit f unknown business officers observed loud music being played alleged full food sales and numerous vehicles parked along the roadway in a manner that obstructed the streets these activities were consistent with a special event with a special event as defined in section 101.32 of the city of delray beach code of ordinance upon further investigation it was determined that the property owner allegedly failed to obtain the required special event permit prior to conducting the event this violation this is an alleged violation in is considered irreversible and irreparable therefore no corrective action is applicable i have two videos to present as evidence a magistrate a violation was issued on july 18th notice was mailed first class mailed and posted to the to city hall july 24th the notice was posted to the property july 24th um once again this is an irreparable irreversible violation therefore no re-inspection was required can you please repeat the case number again case case number case number 26 000 865 do you have any um photographs or videos you'd like to show yes ma'am exhibit one is a video a video taken on june 13th describe what's happening in the video i'm taking i was trying to get down the street um as you can see cars on both sides and i'm taking video of um the loud music and filming all the vehicles that are it's on both sides of the street as i'm approaching um the property 341 and did you observe while you were there vehicles obstructing uh entryways to either businesses or homes yes ma'am and in your opinion based on the amount of videos traffic it appears that you're driving very slow do you did this would be something that would require either our uh fire rescue department or police department to review to see if it would be safe for someone to drive down the street yes ma'am all right thank you exhibit two is just a continuation of the video that was also taken on june 13th june 13th yes ma'am thank you in this video you see a gathering right there in the area 341 they have a tent up and of course for safety purposes we didn't approach we just filmed and based on your observations were there a significant amount of people yes ma'am and you can see it in the video i mean it's hard to count but it looks like more than a handful yes ma'am and also a significant amount of vehicles on the street in the roadway in the parking yes yes ma'am thank you exhibit three is the posting of the properties july 24th and you posted and we're preparing all these cases together so you posted everything at one time for this particular hearing yes ma'am okay thank you exhibit four is that affidavit of posting okay if you can continue on with the next case unless um i'm not sure magistrate um wagner if you would like the respondent to have the opportunity to answer any specific questions regarding this case before we proceed or because there are different facts yeah well sir can you tell me your name please that's william haycock the owner operator or managing member i should say not operator of two trick pony you're the registered agent for two trick pony yes sir is that your company it is do you have any objections to the videos or documents that the city would like to put in evidence no i don't um and i understand that they all are very similar to this first one so if you'd like to proceed i have no obligation to wait to the ends okay let's keep going okay good afternoon my name is code supervisor latoya thompson and i'm here regarding an assembly and special event conducted with without the required permit on july 10th 2026 during the routine vehicle inspection code enforcement observed a large gathering at the property located at 341 southeast 2nd avenue delray beach the property consisted of six units also officers observed loud music being played alleged food sale and numerous vehicles parked along the road way in a manner that obstructed the streets these activities were consistent with a special event as defined in section 101.32 of the city of delray beach code of ordinance upon further investigation it was determined that the property owner allegedly failed to obtain the required special event permit prior to conducting the event this alleged violation is considered irreversible irreparable therefore no corrective action is applicable i have one video to present as evidence a magistrate violation was issued july 18th 2026 notice was mailed first class and regular mail and posted to the city on july 24th 2026 the violation was posted to the property on july 24th 2026 this is an irreparable irreversible violation therefore no uh re-inspection was required this case is code case 26 00931 exhibit one is the video taken on july 10th 2026 this was late in the evening yeah late at night once again for safety we just recorded we didn't come out of our vehicles were there a lot of people outside when you went that day yes ma'am what about cars blocking entrances uh to businesses or roadways yes ma'am on the street yes ma'am and were you driving slow because you wanted to be careful yes on the amount obviously you don't want to hit anyone or cars correct yes ma'am and if there was emergency situation would this be the type of situation that the fire department or the police department would have to kind of assess if this were to be approved um to ensure that there was property safety enforcement yes ma'am are you at a standstill because of the amount of traffic here yes there's vehicles blocking the office can't move this is the same location yes yes yes all these three cases we just wanted to have we don't want to have to respond to you so we just want to hear everything and there are different facts for each incident this is about a month after the first case approximately that just to be clear that's not the fire rescue it's not in here i didn't want it to seem like the fire department was having a hard time getting through no no that that's not part of the no that's the tennis center just want to be sure that's the tennis center lightning the lightning area okay okay you can proceed with your second exhibit second exhibit is the posting of the property july 24th um 2026 exhibit three is the affidavit of posting okay are you going to move um we'd like to move those three exhibits into evidence the objection it's evidence now good afternoon my name is co-officer correction code supervisor latoya thompson i'm here regarding an assembly in a special event conducted without required permit on july 17th 2026 during a routine vehicle patrol code enforcement observed a large gathering at the property located at 341 southeast 2nd avenue delray beach this property consists of six properties officers observed loud music being played alleged food sales and numerous vehicles parked along the roadway in a manner that obstructed the street these activities were consistent with the special event as defined in section 101.32 of the city of delray beach code of ordinance upon further investigation it was determined that the property owner allegedly failed to obtain a required special event permit prior to conducting the event this alleged violation is considered irreversible irreparable therefore no corrective action is applicable i have two videos to present as evidence magistrate violation was issued july 18th 2026 notice was mail first class certified and posted to city hall on july 24th 2026 the notice was also posted to the property on july 24th 2026 this is a irreparable irreversible violation therefore no re-inspection was required this case number is 26 000932 and and this was just about a week after the last one right so it appears that this is within that i would say a little over a month period at least yes ma'am three times within that period yes ma'am thank you this exhibit one is uh july video of july 17th 2026 in this video there was a uh u-haul truck there also showing the vehicles were there food services what was the u-haul truck doing once again we didn't go out and investigate for safety purposes based on your observations did you observe a lot of people on the property a lot of people coming in and out the food uh out of the truck and there's a lot of music about music and every time you went there was some form of music yes ma'am and were there a lot of cars on the street yes it is i mean here i think you can see in the video that one car could barely make a new turn yes ma'am uh whether cars are obstructing entrances to the businesses or streets yes ma'am and would this be something that if they want to proceed with this type of party or event that um the fire in your opinion based on our special events policy that the fire department and the police department would have to assess the danger for um if there are any safety concerns prior to any approvals yes ma'am thank you why are you driving slow down the street because it's too many cars and got cars trying to come past um the truck as well so without us causing damages to the cars parked there was a lot of congestion yes ma'am all right thank you exhibit two is a continuation of the video exhibit three is the posting of the property on july 24th exhibit four is the affidavit of posting um at this time you'd like to introduce the three exhibits into evidence fun i also at the time of posting spoken hold on a second okay but not an objection so okay go ahead okay okay at the time of posting i i spoke to the um the owner of e&b haitian restaurant she's here she advised that um there was death and families and the gatherings was just like a come together because you know we have death they're feeding families and just being there for one another um what she explained to me regarding this but i don't believe anything is in our ordinance regarding or giving exceptions today so let's talk about that and thank you for for bringing bringing that up um this appears to be something that was happening routinely yes ma'am and um based on your training and experience are you familiar with the city special events policy under um section 101.32 of the city code of ordinances yes ma'am and that ordinance describes a special event as any organized or planned gathering persons having a common purpose design or goal that to that occurs on um for for this specific incident on privately owned property um that may have an impact on the services uh provided by the city correct yes ma'am such as any health fire or police services correct yes ma'am and um for the purpose behind the special events is to um to monitor or to assist if there's any particularly requirements for road closures or vehicular traffic is inhibited which is what we saw on the video correct yes ma'am and um anything outside of the normal uses of the streets seems like there was a lot going on and based on your review of the code and your discussions with departments um this particular area or zoning wasn't approved for these type of events correct no it wasn't and um this isn't normal for this area or within this business district or this district in the city for these types of events to occur no it's not okay and as you mentioned before um it's not necessarily the type of event it's the effect that the event might have correct yes ma'am all right thank you so do you have anything further uh nothing further we um after he presents his case we'll we'll have some recommendations is it hay cook hay cook mr hay cook the floor is yours um i want to start off by saying i don't deny or dispute any of the allegations here um i'll also say that i wasn't aware of any of it i didn't approve it i didn't participate in it i didn't profit from it so i have no dog in the fight other than the fact that it turned out to be my property um i was out of town for four days at the end of july pretty much makes you the dog in the fight right well it's nothing to benefit here is what i'm saying only to lose apparently i was out of town for four days at the end of july when i got back i received eight notices all at once from the city my question would be if it started well before that the next morning i presented my tenants uh bertilde lubaris a hand-delivered notice that she signed um that this is in default of the lease and that should it continue again she'll be um evicted plain and simple i don't want to pick a fight with the city and co-compliance i take compliance seriously i have a business in six for 16 years in delray on northeast second ave so equidistant away from atlantic ave um so you know the question would be why a month after the first incident did i not receive a notice until they all came at once i could have maybe tried to help stop it uh like before it happened again and um i think that's my notice of potential eviction should serve as how i take this seriously um i don't want to condone this certainly i spoke with bertilde and she did mention that they were um wakes for deceased members of the haitian community so i'll let her describe that more fully if if she'd like to take the podium in the moment um but i'll also say that i you know i'm here to comply and come into compliance with the city in whatever way i can i'll also say that i have a restaurant like i said on the equidistant side where there are cars lying both sides of the streets where there is congestion on a busy night and you're at a standstill uh where people are walking around freely um so and i'll also say that this you know the video shown uh there are tenants and buildings on the other side of the streets i'm not sure of their operating hours but i'm not sure all those parking spaces were full for people going to this party so um i'm also not sure of what a what constitutes a large gathering how many people and do we know that that amount of people was exceeded here what counts what constitutes loud music is it a decibel rating was that taken like there are things that i feel like are a little bit arbitrary again i'm not here to deny or dispute it but i'm just going to point out the obvious and that you know there are some some kind of flaws to what's been pointed out can i can i so yeah i'm trying to make sure i got all of it he said a lot um i think there's really only a couple issues that we even need to address based off what he said uh number one it's at the city's discretion of how we proceed with our enforcement now obviously you know our goal is compliance here and the city is not trying to and our directors here but we're not trying to you know we're just trying to get compliance we're not trying to aggressively go after people we weren't sure if this was a based off my discussions with the code officer if this was a one-time situation or if this was an issue and based on the reoccurrence we noticed that this was an issue right and based on the observations and you know i don't think it takes you know common sense you watch the videos you see a lot of people a lot of cars i mean at one point i don't know if miss thompson could go past five miles an hour down that street because it was so congested people were turning all types of ways um it's an obvious safety issue and um you know the city's issue the city's goal is to make sure that it's safe for any residents um that are traveling through that area and we do have a special events policy i was careful to outline what was defined as a special event um through miss thompson's testifying um and the categories that based off even the observations of the videos independently right each one you know it was obvious that if you look at the special ordinance ordinance like this might be something that would require some traffic control right this might be something that traffic would be inhibited this might be something that or was something that is likely to attract substantial crowds which we saw a substantial crowd now you know when you watch the video and the observations it didn't look like a handful of people there were several people in the streets in the lots um so it doesn't look usual for that area and then um miss thompson i just want to ask her one question to follow up off what he said miss thompson um so you're a supervisor for this area correct yes ma'am and it was it is it within your normal course and duties to you know routinely patrol this area yes ma'am and on based on your observations and your familiarity with that district is it common for there to be you know that amount of people on the street or is it approved by the city it's not approved because their businesses they should have posted times but based on your observations of those independent instances for all three cases um is this something that is is just would not be allowable within our special events yeah we're not no right without approval without approval this is not the customary and usual activities associated with this property yeah they have different businesses right it's not customary correct that's where i was going thank you can i just point out that one of the businesses is a lawful restaurants so it would be customary to have customers i'm not sure of the time i don't want to go back and forth i just wanted to point out that i mean just just to save everybody time um i don't think based on what i observed that that is i i do believe that what i observed and what the officer testified to is something that would require a special event permit i i don't think that's factually much in dispute here so but i i do want to hear from the city about what remedy that you're seeking here but can i jump in real fast i'm sorry um i think we're all on the same page i do just want to make sure if the tenants wishes to speak because you do so now before you make a remedy or you can if you'd like i mean i just want to give the opportunity i mean it's it's it's up to you and to present your case so if you want if you think it would help your case for the tenant to testify then you can have her testify i would agree a special permit license should be in place that's you know i think um argued in the what i handed to her to have her sign and eviction notices so i do agree with that i do agree with safety and compliance so i just wanted to make sure that there was nothing being left out but if you wish i mean if if it's up to you if you think that she her testimony would be helpful to your case then have her testify did you want to say anything or no i'm city attorney she's going to any question interpreting do we have someone from staff yes okay thank you if we could uh swear in the translator to take the translator oh please okay do you swear or affirm that you will translate a fair and accurate interpretation thank you so um mr patis you can just translate verbatim word for word so um like the special magistrate just said and what i'm saying to um okay would you like for her to say her name or my name is okay what would you like to tell us she told the truth but people don't listen when we have a week you know people cannot go to where here right now nobody can travel when we have a week everybody come in they do some food they put the joke they put some joy and the food to give people free that's a free food it's not for sale i don't have a business to sell all of the food like that okay thank you and i'm sorry ma'am are you the um the owner of e and b restaurant llc yes and um you're authorized to do business in the city correct okay right yes and in fact you completed a zoning certificate of use that you received approval to do business correct yeah because i have the certificate for the restaurant for the restaurant right yes yes and a part of your approval um you're approved for an eight seat maximum restaurant correct yes and your normal operating hours are from i believe 8 a.m to 11 p.m correct yes right so all of these videos are after 11 right yeah and there's way more than eight people correct yes please say please pass a rhythm you tell me no video no that's what inside we have a chair right okay so you're saying that it's eight people inside right yes but a part of your approval was that your restaurant was limited to indoor dining correct for application you can approve it suppose again supplement remont and done simply okay yes okay at this time the city would like to introduce the zoning certificate of use i'm just going to go over and show them and we can make this as the just the last exhibit for each case both of you guys it's a record kept in the order course of business so i'll admit it thank you no further questions ma'am is there anything else you would like to tell me that would be something that we can discuss with you we have staff members and we're more than willing to help you out with that okay all right ma'am you can have a seat please so what is the city asking for the city is asking for for each um violation or each infraction a one-time fine of five thousand dollars to be paid on or before september 6 within well within 30 days so the city's asking for the maximum fine here when you total it 15 000 it's 5 000 each we will leave it obviously leave it up to your your discretion yes um this was an issue um a major issue um as you can tell from the use it was supposed to be a small restaurant with a small amount of people um indoor only operating in a certain amount of hours and then it turned into something massive well i don't think there's any well i'll let mr mr hay cook respond to the request i just think it's a large fine considering i found out all the notices at once and if i were to pass this fine along with the tenants she's gonna be bankrupt and and out of a place to work and i mean i think that's a bit egregious the notice issue the the first instance that you noticed was 6 13 at least that's what i wrote in my notes here yes and notice was done by posting and by mail yes posting mail city hall and you said you didn't receive the notice from the first of i ever see these on friday last friday i think what he's saying is we we brought all the cases together at once it wasn't individual so we noticed everything at once like we wrote up all the oh so the notice of hearing you got right that's what he's saying like we we observed there should have been a notice of violation that you would have gotten back in june i did not everything i got relating to these violations was at one time and they when i opened the mailbox on friday i was gone for four days we don't dispute that we noticed we wrote up all the violations at once um you know for efficiency right we wrote them all up um there's different incident states and then we serve them all at one time and i'm just curious as to the previous code case where they allowed an additional 60 days to comply why there can be no sort of uh flexibility here so in this moving forward the city's pursuing this differently then i understand the so there's well it's a good question so it's worth it's worth answering so you understand the in most cases code cases proceed along a violation and then fixing the violation what the city alleged here and you probably heard it because they alleged it in every case is that this isn't fixable that it happened and that it's irreparable essentially that it can't be undone and their argument is that um each time this happened it created a danger to the city which is the possibility that you know the emergency personnel could not access the space that it was the city was unaware to plan for the possibility this could go wrong so they're they're alleging this is irreparable and irreversible which allows them to seek an immediate fine uh if i treated this like you know like the previous cases it wouldn't make a lot of sense right which i'd say you have 30 days to correct correct what it's not happening right it already happened and so they're seeking it as an irreversible irreparable um though i do want to i i do want to i want to give you a chance to talk to that what the city is seeking is a five thousand dollar fine for each violation which would be fifteen thousand dollars i wanted to give you a chance to speak to that particular issue well i think that correlates to not having the opportunity to cure because i wasn't aware of the notices until they all came at once even so if it was one instance that i did get notice of and it was five thousand dollars i'd still try to treat it as i'm proving to you my opportunity to try and cure by taking control of the tenant and making sure that they up you know cure and that we don't have this issue moving forward i'm on the same page i'm with compliance i'm with code enforcement uh i have been for many years and so i mean i just think it's a a large swing to take at someone when we're trying to be on board and i'm doing what i can here i i am a little concerned that you didn't get that so i i get that the notice of hearing all arrived at the same time but the notice of violation according to the testimony of the code officer was was mailed back in june both hold on my notes are posted and and uh let me confirm with her um so just for clarification um i did confirm with miss thompson and we for for cases now we don't send out separate notices of violation we do one formal notice of hearing which has the violation on it and the hearing date so every he received notice of everything at one time so after to just for clarity um as an officer of the corps i want to say that the first incident he didn't receive notice after that incident right she had her notes she wrote up all the cases at one time and then they were all noticed at one time so his argument that he didn't have a chance to correct is actually the first yeah all right now this is what i think i think each instance did constitute a violation of the code i think they were assemblies and special events that were not permitted i think that's clear in that finding is i'm compelled to make that finding because that's what the facts say um is it irreparable and irreversible in nature yeah the whatever happened happened and they can't unring that bell um does it warrant a five thousand dollar fine for each i think the circumstances here i i do take that into account a little bit and uh and so i'm going to reduce the uh the fine to a thousand dollars per instance but i will say this as we speak here everyone is now on notice that this can't happen without a permit anymore so if this shows up in front of me again i will hit it with the maximum fine because everyone should know better at this point all right so i'm going to assess a fine of one thousand dollars per instant and i will leave it at that for now thank you thank you case number five code 26 000 797 the property owners are edwards atlantic avenue llc so n r a i services inc is the registered agent the property address is 601 east atlantic avenue and the code officer on the case is reggie williams thank you madam clerk can we just go back to the last three cases if you could state a time frame for which the fine has to be paid within mr haycook still here oh can you joe i'm so sorry to call you back in but we um the city wants a time certain on the payment so what would be a reasonable time for you to pay this allow me okay it's one thousand per incidence three thousand total when you want to make it do you want to make it when are you able to make it can you offer some sort of guidance as to what the allowable acceptance would be i will tell you that i will try and be as flexible as i can be but you have to ask me for what you need would a thousand dollars a month for three months be okay that would be tough what what could work 250 not okay 250 per month with 250 per month for a year that's a long time i mean i understand the circumstance so you know we i believe we wanted 30 days but we would um understanding the circumstance um in the situation um you know i'll give you 180 days so six months thank you thank you you're welcome thank you thank you okay i'm going to recall call the case over for case number five right you don't have to call everything over okay we should all right we can start we're there okay is anyone here on behalf of that one come on good afternoon thank you good afternoon my name is reggie williams clean and safe code enforcement officer for the city of dairy beach i am here regarding property 601 east atlantic avenue case number code 26 000 797 the property was issued a notice of violation on june 16th 2026 service was accomplished by certified regular mail and posted to city hall on june 22nd 2026 in addition the property was posted on june 23rd 2026 an affidavit of posted 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 maintenance of building for the damaged decorative muttons on the windows and the exterior markings on the building as of august 6 2026 the property has not come into compliance i have attached nine photographs of the property to the case that i would like to introduce into evidence exhibit one taken june 15th 2026 so if you can describe what the violation is on the photo so the damaged buttons on the windows you see the outlines right here they're missing and over here and over here as well so to be clear they're supposed to look like squares yes you go down because i mean it may be that obvious they're right here yeah they're supposed to look like this one in the middle yes right so for instance the one on the top where that arrow right here it's supposed to be that supposed to be like three squares right right yes but there's a the mutton is the material that is in between yes the brown material yes the window is damaged all right we just want to make sure we're clear okay thank you and also the uh exterior markings located right here exhibit two taken june 15th 2026 shows the same damage uh muttons and exterior markings on the outside of the building exhibit three taken june 15th 2026 shows the damaged muttons and you can see here exterior markings dirt that piled up is it before taking june 23rd 2026 it's the posting of the notice of violation is it bit five it's the affidavit of posting and mailing is if it six was the re-inspection of the damaged muttons and the exterior markings on the building is it bit seven taken july 26 2026 is the same photo showing the damaged muttons and exterior markings is it bit eight taken july 27 2026 shows the damaged muttons and exhibit nine is the affidavit of non-compliance at this time i'd like to introduce the nine photographs into evidence ma'am can you tell me your name please my name is natalie inclan i'm the property manager representing edwards at lantic avenue can you spell your last name for me please inclan yes and you're the property manager i'm the property manager yes do you have any objection to the photographs or documents the city would like to put evidence all right without objection so admitted so you have anything further i just want to be clear this is maintenance of property violation correct it's maintenance of building yes so it's for the damaged muttons and the exterior markings the dirt and that needs to be cleaned when you say exterior marking are you talking about because i just want to make sure we're clear you gotta hold the button down yeah okay here underneath the windows there's a lot of dirt buildup grime yes all right thank you the city is actually for an additional 30 days which will be on september september 5th 2026 for them to come into compliance if they do not come into compliance then the city is asking for a hundred and fifty dollar daily fine until compliance is achieved so the city says your building is dirty and it's see i learned a new word today it's missing some muttons okay so just like the previous case um this was the first and only violation hearing notice i received from inspector uh connor lee so i don't think you were the original no yes he was the original previous yes so um i have been in contact with him and i have numerous emails and phone calls with him and he knows that i've been working on getting pricing so as a property manager representing owner we obviously want everything to be pretty we want everything to be maintained i've been in this property for only less than eight months so part of the eight months i've been assessing whether it's operations maintenance or even my own staff i do realize it doesn't look the prettiest um those markings could just very well be the expansion joints or any type of rebar that's probably behind the stucco so it's something i'm going to have to look into further the markings along the balcony is just you know debris coming off the the um the balcony so it's just a matter of proper maintenance the ones along the scuppers there's cast iron behind the scuppers so it probably wasn't sealed correctly so obviously there's going to be an ongoing issue if i don't do it properly so as a property manager i do have to do my due diligence in getting three contractors out putting a scope together putting a maintenance plan together so it's gonna need i'm sorry how long have you been working on this uh since probably like mid-july i mean mid mid-june so i've obtained already two bids um the how long do you need to bring the property into compliance i am respectfully requesting 60 days and the only reason is because those mountains those are the original design i don't know if they came off during a storm or if it's just the adhesive on it those are specifically cut custom so it's a matter of going to the subcontractor to actually get that um get that so it's going to take a little bit of time um it's not something that's easily in stock it's something that has to be fabricated so again um respectfully requesting a minimum of 60 days if it's something that you guys can extend 90 days that would be greatly appreciated but with with that said i then have to go to ownership presented have her approve it because we want to maintain the the original design and although the building is nice and pretty and it's under six years old it's a very challenging property it's right on atlantic avenue um in order to do any repairs i think i'm going to be required to pull permits and the permitting process here in city of delray is not fun we're also building next door so i'm sure you guys are very fully aware that we are we're actively building and we're actively you know in the city of delray conducting business and it's my intention to definitely comply with this notice of violation and the owner is very honorable um so i'm respectfully requesting a minimum of 60 90 days so so i did speak to mr lee um who was the original uh code enforcement officer on this case and he he did you know fairly say that they have been working on this since june um you know we're in august now um you know based on the type of work it doesn't appear that there might be permanency i'm not sure i will leave that up to development services staff to determine but the rest of the pressure washing all of that that should not take 60 days so um well we will we will um understanding that we're open to a longer period maybe 45 days but i i just don't know the city was initially asking for 30 so we will you know we're okay with a little leeway because she has been working it has been in constant communication with mr lee i'm going to give you the 60 days thank you doesn't mean you have to take the 60 days no i understand i'll give you the 60 days because i know sometimes you can run into things that that make you take a little bit longer pricing and yeah it's it's very um and it is right on atlantic avenue so i'm hoping i don't need to pull the permits and with with that taken into consideration i can definitely um do it within the 60 days in case 26 00 0 797 to make the following findings in fact in the life i notice sufficient on the property in violation of 7.8.3 which is the muttons and the markings on the building i give the respondent 60 days to come into compliance or fine up to 150 dollars per day in the issue thank you so 60 days and then after that 150 which would be september 5th 2026 or no october 5th okay so and really quick so like like you said earlier um so we don't get like a first notice the violation and the hearing notice comes together because that's one of the things that i was questioning uh with mr connor so the the notice was sent on you know at a certain time june 6th and they had until it has a compliance date on there so we do give you time to come into compliance before the hearing so okay but i'm just confirming so what you received is gonna it's going to be the violation plus the hearing right and if you would have came into compliance it would have been closed out you will have to come to the hearing but we send them out together just in case yeah no it's it's very hard to do extensive work within 30 days so i appreciate this you got your 60 days good luck thank you so much and what did you say it was october when october 5th october 5th thank you thank you case number six code 26 000 844 the property owner is clara rose the property address is 107 southwest 8th court and the code officer on the case is travis travis jinks anyone here on behalf of this one i have one moment quick moment so i was just speaking with the supervisor on this clara rose case number code enforcement 26 000 844 and it looks like the compliance date was actually august 17th so we're going to um request to continue this to the august 20th hearing all right reset for august 20th thank you make sure you notice them for the right date too pardon no no oh it's a different case i call seven yes if you can call you can keep going sorry go ahead lynn case number seven code 26 000 895 the property owner is adam l jacinski the second the property address is 108 southwest 8th street and the code officer on the case is travis jinx sir i want to hear on behalf of the respondent adam jacinski for the record i don't see anyone okay the code officer for the case thanks officer jinx whenever you're ready this case no this is this one this is adam jacinski correct good afternoon my name is called officer travis jinx with the city of delray beach i'm here regarding property 108 southwest 8th street case number 000 895 this property received a courtesy notice on june 25th 2026 for outside storage in the absence of clearly posted number street address on the property the property was given five days to come to compliance an inspection was given and conducted on july 2nd 2026 and the property was still not into compliance violate notice of violation was created on july 10th 2026 service was accomplished by certified regular mail and posted to city city hall on july 14 2026. in addition the property was posted on july 11 2026. an affidavit of posting mailing and first affidavit of non-compliance is attached in the case i have not been in contact with the owner of the property the property was cited for 7.1.5 numbering and 7.8.3 maintenance of building as of august 5th the property has not come into compliance i have attached seven photographs of the property of the case that i'd like to introduce you to everyone thank you you can go to the here we have the outside of the home where you're not seeing the address also you'll see underneath the carport there is a bunch of storage here's a close-up in exhibit two of the outside storage taken on june 25th here is my re-inspection on july 2nd of the same location missing address numbers as well as a glimpse of the outside storage underneath the carport all right so if you can go back so exhibit three um it has the numbering on the mailbox but the code said it has to be on the building yes okay thank you or the structure yes uh here's another close-up in exhibit four on july 2nd of the outside storage there it's cabinet grills some chairs a bunch of other items as well here is the posting of a notice of violation in exhibit five on july 11th uh here is the affidavit of posting on july 11th as well here is the affidavit of non-compliance as of july 25th and that is all so we have the maintenance with all the storage and then we also have the numbering on the building correct correct okay okay thank you do you want to submit those in evidence yes please that objection so admitted so this is two issues this is the numbers that are on the mailbox but not on the structure and then there's the the outside storage under 7.8.3 is that yes it's the 7 8 3 and then the numbering under 7 1 5 of the ldr okay and what remedy were you seeking uh the city is asking for additional 14 days that would make it august 20th to come into compliance if not you would like a hundred dollars a day until compliance is achieved so all they really have to do is move the junk and put the numbers up yes yes the outside storage i'm sorry move the outside storage no words yes sir yeah that was that was a poor choice of words have you had any contact with the homeowner no sir have you seen any evidence that they've responded to your notices no sir and you do believe that the 14 days is a reasonable time to accomplish the moving of the materials yes sir all right case 26 00 895 i make the following finding is a fact in law if i notice is efficient upon the property in violation of code section 7.8.3 there needs to be numbers on the structure and 7.1.5 actually let me say that backwards 7.8.3 outside materials need to be removed from the carport and 7.1.5 there needs to be numbers on the buildings respondent have 14 days or until august 20th to bring the property in compliance or fine of one hundred dollars per date may i shift thank you thank you moving on to old business case number eight this is a request for reduction of fine case number code 25 000 399 the property owner is 20 2402 seacrest development and the officer on the case is supervisor latoya thompson originally found in violation on january 12 2026 for work without permit for a pickleball court given 30 days to come into compliance or a hundred dollar daily fine on june 18th 2026 property came into compliance there is an accrued fine from may 3rd 2026 to june 18th 2026 in the amount of 4 600 the city suggesting that 25 which is 11.50 to be paid within 30 days which is september 5th 2026 sir can you tell me your name please yes sir i'm michael wood i'm here for the applicant landowner you're the retired attorney from virginia yeah did you did you read that i did i just want to make sure i mean and i appreciate the offer of the reduction but i if i could i if you read the bill of particulars i mean we were working diligently with staff to come into compliance with pickleball after the fact permit and oddly enough i mean one of the things once the permit was submitted we had to offer up a survey so anybody in this room including any building official knows surveys aren't done overnight and our hearing date if you look back was for april 2nd and prior to that i had i had two previous extensions from jade mc jude mckay at that time he had granted us two extensions and suddenly he disappeared didn't contact us didn't let us know that he was taking this matter to an actual you know resolution when i found that out i reached i wrote the letter that you see in the file i asked to meet with mrs prior and i think phil on site to say you know i was taken aback i mean we don't in virginia we wouldn't practice law that way you'd call somebody back i was chasing him down to let him know and emailing and calling him to let him know we were going to come into compliance and i've been doing permits down here since i retired from virginia for 25 years i mean permits are tough to come by in any jurisdiction as we all know and we diligently we we got the surveyor out on april 8th we were trying to let jude know that that's why we asked for the extension he didn't seem to understand the process is what i took from that so you know i i appreciate the offer of a reduction i do i know it's genuine but personally i feel given the facts and what happened to this owner you know the court the magistrate should entertain maybe a further reduction well in fairness it's worth pointing out that it didn't happen to your owner he he built a pickleball yeah he understands that yeah i do i mean it wasn't the city of delray though you know that created the problem here but uh let me say i don't understand the timing here let's see the the order which has my signature on it so obviously it's my order um is on april 13th um but uh but i thought the testimony was that the violation occurred back in january it did right and i think that's that's kind of like what he was saying is that mr leconte who is the initial code enforcement officer had given mackie jude mackie had given two previous extensions before bringing into code enforcement hearings so it didn't actually go to hearing until april 2nd and that was as a courtesy of the city so three months the city was working with him or working with his client um and then this matter came before the special magistrate on april 2nd on a a properly noticed hearing um findings were made that this had occurred um in violation of the ldr section and um it was found to be in violation and then from april 2nd the respondent was given another 30 days to comply to may 2nd so there had been communications about what needed to be done to bring the property into compliance before this even went to hearing but after um you know the property did not come into compliance it was eventually brought to a code enforcement hearing where he was found in violation given 30 days and then um after that i think the compliance date was may 2nd and then the property was brought to compliance on june 18th so you know it still took a little time so it wasn't as if you know they were unaware or the city hadn't worked with them we actually it did work with them prior to bringing it to hearing also note that the permit was filed on three i think it was three four or three two prior to the first hearing date the minute we were alerted we filed for the permit obviously got to get comments back from the building department how come nobody came to the hearing well that's what i'm saying to you we i had been communicating with jude mckay for the first two extensions i was reaching out to him prior to the hearing i was out of town on the hearing day that was part of it and the owners are not local so you know it was one of those things where we were desperately trying to reach the guy and the guy didn't call back the next thing we know he doesn't work for the city anymore so you know it's uh well it's never i mean as an attorney you know it's never a good idea not to show up for the hearing well no but i well i'll reduce it to a thousand dollars how much do you how much time do you need uh 30 days thousand dollars 30 days thank you appreciate that thank you thank you so much i think that's it right yes that's it seeing no further business before us we're adjourned thank you