Code Enforcement Board - Regular Meeting

I'd like

to call this meeting into order. Ma'am, would you call the roll?

Wayne Passick? Here. Steve Brutero? Richard Burgess? Todd Larue? Here. Jennifer Jones? Here. Robert Cohen?

Here.

James Feder? Here. Thank you.

I'll entertain a motion to approve the minutes from the last meeting.

Propose approval of the minutes of the meeting of 10/09/2025. Second.

Thank you.

I approve of proposed amendment. I motion accepting the meeting minutes of the meeting of 11/13/2025. Second? Second?

Thank you. Awesome.

Motion the minutes are in. Thank you for coming to today's code enforcement meeting. This board is empowered to hear evidence to reach findings of fact and conclusion of law for the purposes of resolving cases that come before it. A finding of violation may lead to the assessment of daily fines in the form of property leaves. The board is also interested in statements that will help us make a determination in each case, and we are interested in compliance rather than levy and fines. We will hear all cases in the order that they appear on the agenda beginning beginning with the new violations, fine assessment cases, or status updates, and concluding with the cases for which persons are seeking fine reductions. We can begin by having all people who will be speaking before the board sworn in.

By the authority invested in me, as a notary of the state of Florida, do you swear and affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?

Yes, sir.

Thank you.

I'll entertain a motion to consent the agenda.

Yes. We are requesting for the approval of the consent agenda as written.

All you have

to say is move to approve the consent agenda.

Move to approve consent agenda. So moved. Second.

Thank you.

Approved. They to vote. All in favor? Aye. All opposed? Passes. Thank you.

Thank you.

Called first case?

Yes.

Well

I just want I just wanna clarify. I know we moved to approve the consent agenda. Do we move to approve the post the what was on the consent agenda that we approved?

Just the removal of the cases and the closed cases.

Yes.

Okay thank you

I just want to

make sure

I had the right agenda because I didn't see it okay

was no

I'm sorry. Ahead.

Thank you.

Case number one. Code 25000301. Property owner is sixty one two LLC. The registered agent is William Hemmelrich, and the property address is East Atlantic Avenue. The code officer on the case is James Easley.

Good afternoon, code board. My name is code enforcement officer James Easley in the Clean and Safe unit. I'm here regarding code case number 25000301, a maintenance of building required violation located at East Atlantic Avenue, Delray Beach, Florida. This property was initially cited on 10/04/2025. On both December 3 and 12/09/2025, I, James Easley, code enforcement officer for Clean and Safe, reinspected this property.

And during the course of my reinspection, I observed that this property to be in violation of code section seven point eight point three, maintenance of buildings required. The city of Delray Beach Clean and Safe unit has stated previously the importance of maintaining the dumpster area in a clean and sanitary condition at all times. Furthermore, when it rains, the dumpster area drain is clogged by the debris and holds garbage juice and debris for several days. The owner was asked to unclog the drain and keep the dumpster area clean at all times by making sure that all bags, boxes, garbage, litter, trash, and debris is placed inside of the dumpsters. A formal notice of hearing was mailed first class and certified mail on 10/16/2025 and posted at the property.

The compliance date was required by 10/18/2025. On 12/09/2025, 12/30/2025, and today, 01/08/2026, I reinspected the property and observed that the property is still not in compliance. I have 20 photographs taken of the property in question that I would like to introduce these to your viewing pleasure. This is the initial, investigation of the case. You can see bottles, cans, gloves, boxes.

Again, on October 4, exhibit two, again, you see cans, boxes, bags. You see this is the drain area that gets clogged because of the debris, and, you can see when it rains, it begins to, begins to flood, here in this area. This is my reinspection on December 9. These photos are taken from my reinspection. We still see the boxes, the trash, debris, and the litter.

You can see the flooding that takes place. Again, boxes, trash, litter, debris. This is still the same piece of wood that was observed in the initial investigation investigation back back in in October. October. Did another reinspection on the on 12/20/2025. Again, you can see the same debris still in that area.

Mister mister Ealy, that's for exhibit 11

Yes.

That was on December 30. Correct?

December 30.

Okay. Thank

you. My apologies. December thirtieth of of twenty twenty five. Again, we see the condition of the property. I went back this morning because I did talk to representative from the property.

So I went back this morning to see if the violation had been cured and see if the property was in violation. So these are my photos taken from 01/08/2026. So this is my affidavit of posting that we posted a notice at the property, and this is a picture of the notice actually at one of the prop at the property in question.

Mister Easley Yes. This area is an area that you typically patrol. Correct?

That is correct.

And from the time of the initial, I guess, observance or inspection until today in these photographs, this has been a continual issue of a lack of maintenance?

Yes. Yes. I did get a email, yesterday, at 02:52PM, from a representative of the property, and they sent over invoice for, for work that was done to unclog the drain back in October. But as you can see from the photos that the property remains in the state of noncompliance, and the property, even though it's not maintained, it is still in violation.

Okay. Thank you. I just wanted to clarify that this has been going on multiple days, and it's not just the the photographs that we see here today. Correct?

That is correct.

Alright. At this time, the city would like to introduce the photographs into evidence.

I move we accept these 20 exhibit items presented by the city Correct. As evidence of the condition of the property. Second.

All in favor? I. Opposed?

I believe the property owner are you here for this case, sir? If he can come. Thank you.

Hello. Mike Covelli. 1209 South Swinton Avenue. And mister Himmelrich, is the managing partner of the LLC, is here as well. I have to tell you that you you see this and you say this is compelling evidence.

However, we received a certified mail notice on this in October. It was mailed out on the sixteenth, and we got it a few days later. On the twenty first, which was just a day after we received it, they went out and jetted this this this drain out. And on the twenty second, we sent a copy of the information to the code officer, and the code officer sent a communication that said, I got it. I will send proof by email as soon as I close the case.

In our regard in in in our our mind, on October 22, this was resolved. Now there is an issue an ongoing issue with restaurants and dumpsters because every time they dump, they they then are supposed to go and clean up whatever fell out of the dumpster and put it in. So that's been a constant issue with the restaurant people. But the issue really becomes of one of communication here because if if on all these dates, code enforcement went out and looked at this and could take pictures, do you think anyone could talk to us about it? In December, I talked to a code officer about this and never mentioned that there was issues with trash.

And recently, we have been talking and never issued anything about trash until quarter to twelve today. I had a conversation. They said, the dumpster's dirty. It's not in compliance. It's horrible communication.

And and for the last two months, I've been trying to figure out why we keep coming up on an agenda. Well, now I know. And, you you know, it it's just it's just terrible communication. If you see a problem, aren't you supposed to tell someone? Not just let it run and run and run and run, but you see how many times pictures were taken, we were never notified that it was still an issue.

We have communications for clarification of what this violation was, and the main violation from the code officer was that the drain needed to be jetted out, which we did within a day or two of of that being clarified. So here we are today. We're in front of you because of lack of communication, basically. And, you you know, the it's it's just not right that that it it goes on us that we look like the bad guys that we're not doing things. And and, look, I understand the dumpsters are supposed to be clean, and the restaurant people are the ones that are supposed to be responsible.

And the owner now is saying he'll take a more active role in inspecting that and taking care of that. As a matter of fact, he was just there, it's already been cleaned up. So and and, Billy, if you wanna show pictures, you're you're happy to show those. But but please understand that that I'm sorry. That, you know, this isn't like someone their nose at the city saying we're not gonna do this.

This is lack of communication that if officers are out there and they still see that and they don't notify us, how do we know? So so, you know, we're committing to doing it. Anybody that that knows the history of this property will know that code violations are immediately addressed. And and you can check the history of it, but you gotta know. We had another violation that that just recently that within a day and a half, it was resolved, and it was closed. But why this one didn't get closed, I don't know. So we would appreciate it if you would give us some time to take care of this.

It's fixed.

Now that we know, if I could, I'll give you I'll enter a couple of photographs in that were just taken just be a little while ago. And the other issue we have is, you'll see in one picture, the delivery trucks block the dumpster. And there's days that the dumpster doesn't get dumped because the truck can't get in there, but I have three pictures that I'd like to enter if you if I could.

If if I may, may I see the photographs before they're they're entered,

please? Thank you very much.

May I speak? Mike?

That's up to the board. That's up to the board.

May I address the board?

Yeah. As your property owner?

Yeah. Cool.

Thank you very much. Hi, everyone. I'm Billy Himmelrich. I hope Wait.

I'm so sorry. Just he just

I just need to wanna provide to the court No problem. Officer, and I wanna pay attention to your testimony.

Thank you. William Mike he's Mike Cavelli, and I'm we both signed in.

Thank you.

Thank you.

We So We understand.

Or procedurally, you wanna wait till we're done with our witness before you introduce their evidence at this point, but I have reviewed it. And then then

I can

ask questions.

May I add

oh, okay.

I just I just have a couple of follow-up questions. I'm not sure. Did we get the motion? Was the motion complete? Because I know we started the motion. You said all in favor and then they came up to the podium. I just wanted to

That motion was just to accept the m

Correct. That's the motion that I'm

referring to.

Passed away.

Okay. Perfect. What was the compliance date on this?

The original compliance date was 10/18/2025.

Okay. Thank you.

May I may I comment about that?

You may.

Oh, I'm so sorry. Go ahead.

May I?

Sure.

The to address the mention of not specific enough communication, It says on the original notice of violation in the corrective action box, it says when it rains, the dumpster area has a drain that is clogged and holds leakage juices and debris for several days. The corrective action is to unclog the drain and maintain the dumpster area clean at all times by making sure that bags are always placed inside and all litter and debris is cleaned up and thrown inside of the dumpsters. If you have any questions or concerns, please feel free to reach out to me. Thank you.

Okay. Thank you.

After

Oh.

After the compliance date, you'll see on the violation, it says that for the correction to be done, even if the violation is corrected and then reoccurs, the case will be presented for a hearing even if the violation has been corrected prior to hearing.

Alright. Thank you for clarifying that. I don't have any further testimony or questions for you at this moment.

If I may make a point? Sure. Violation, when it was issued, was taped to a tenant's door. We didn't didn't receive the actual violation until it was mailed it was mailed on the sixteenth, which means we didn't receive it until after the expiration date for compliance. So I just wanna make that point.

And and when we received it within a day or two on the twenty first, we we jetted the thing and cleaned. So there's a little issue with the way the violations are being posted because when you tape something on a tenant's door and the owner isn't actually notified it, there's a there's a time gap in there. So we did respond as quick as we could. That's cool. I

I really, I have a twenty three I have a twenty six year history at this property. I own the old school bakery. I've never been before the code enforcement board. The eighteenth, the date you mentioned, was a Saturday. This was mailed certified. I have a copy from my office. We received it on Monday. We called the jet people. They fixed it the next day. I communicated with Melinda. I have a copy of my text message with her. I, like, I have a long history of responding very, very quickly. Mike called me today at 12:15. By quarter of one, the photos that you see were taken. Taken.

I went out to the bakery on Congress where we receive our notices. I printed these pictures. That dumpster area is spotless right now. And if you genuinely care about compliance and that's what you're about, trust me, no one's better at compliance than I am. I think that what Mike speaks to in terms of the communication when something's dated, the sixteenth, with a two day afterwards expiration date and sent certified mail, you everybody knows that I didn't get it until the following Monday or Tuesday and called that day.

I have since called my office or texted and ordered asked them to send Rapid Reuter out to jet it again. If in fact it's clogged again, that has been corrected. You know, we keep it meticulously. Unfortunately, today, when I went there, they hadn't even dumped the trash. They were coming up the alley. I took that picture of the FedEx truck blocking. This is an ongoing thing I've struggled with for many, many years. I've always had a great relationship with the city the city attorney's office. I saw Lynn two nights ago here. You know?

I I if anyone knows me, you know I'm a rule follower, and I've already done the corrective action. And, you know, we're in a really high profile spot. That's where the Christmas tree lighting is. And, you know, if it were bad on an ongoing basis, we'd know about it. My bakery office is open seven days a week from seven in the morning till four in the afternoon. That is the address where notice should be given. So moving forward, I'd really appreciate it if they didn't tape it on the door or hand it to the maitre d'Atramonte. This has happened. I don't believe it was you who did it, but, you know, I had a good relationship with the Linda. I know she's not here anymore.

So, hopefully, you know, you will accept that I am a rule follower. I have a long history. I contribute to the city. Pay $220,000 a year in property taxes. We can afford to take care of this property, and we do. So

So so just if I may, sounds like mister Hewrich and his representative,

representative, they, you know, they're they're saying that they they want to come into compliance and that they have come into compliance.

So My suggestion would be if we proceed with our recommendation, give staff a time, you know, a chance to go out there and inspect the property. And then, you know, we could hopefully close out the case. That that would be my proposal. So what was your recommendation?

Yeah. That's I've been in communication and correspondence with Mike, and that's exactly what we were discussing. That's why the photos were taken today because I was hoping to get some compliance pictures and bring it to the board. And so what we talked about is if it can get done today, I can go out first thing tomorrow morning, get the photos as evidence of compliance, and be able to close this case.

Would you consider my photos as evidence of compliance considering that I've sworn that they're correct and that I've corrected it already and take my word for it?

Say yes to the inspector.

Okay. Fair enough. And also while you're at it, I'd really appreciate it because I have photos of the neighboring dumpsters, which don't have drains and are in much worse shape. So I hope everyone has been treated equally under the law. So Thank you.

Being that the the compliance would have been after the compliance date, we're asking that you find them in violation, and then I would say give give us a chance maybe

Yeah. Wait.

Seven days or thirty days or whatever

Yeah. The the city's recommendation was, thirty days to bring it into compliance, a face to find a $100 per day. But in our conversation, we're stating that it can be done by tomorrow. So if that's the case, the thirty days should be sufficient enough.

And it already is done. But but this date between compliance, if you date something the October 16 and I have to comply two days later, the eighteenth, that's not thirty days. If the certified letter is dated the October 16 and the compliance date is two days later, I don't believe that's thirty days.

So so I will say that based on the violation and the the evidence, if you go back to the posting and when it was sent, it was sent in our position before the sixteenth. However, the pictures say that they, you know, realistically, even if you were to give them a grace period, right, to say that, okay, maybe this wasn't enough time, but it appears that this didn't get cleaned up until today. So even if you were to say, okay, maybe they were a couple days off or something like that, like, even though that's not our position, let's say that you rule by that, it's still today. It's the compliance date, and the compliance date was in October. So that's still three months ago.

So I so that that's just the city's position, but we'll leave it to you.

You know, my thought, like, I see that dumpster. I run a restaurant, and my dumpster looks like that. I've gotta go out there every day, and I've gotta put stuff in it myself. I do it almost every day. And this is a busy time of year. It's the Christmas tree. I I believe him when he said he went out there two days later and jetted the thing. To me, that is a a pretty fair attempt at compliance. I don't know how you control that because that's the restaurants. That's your tenants.

I went into Tremonte and asked them to clean the dumpster. They typically do it after the trash is dumped.

But what I would say may I see the clicker, please? Not to, you know but I will say some of these items have been there months. It's not but do you understand what I'm saying? Like, okay. Some of this looks like some trash you have. For instance oh, I'm going the wrong way.

And that was the first thing I looked for was something that was there more than

Right. Of course. Twice. So there's a white think

there's also one piece of wood that was there twice. That piece of wood, I think, was

the have here. And if you kinda kinda look at it, it's it's similar items. So December 30 looks looks just like January 8.

Deliveries every day. That's cooking wine that gets delivered every day. So I don't know. I mean, I agree with you guys. It needs to be cleaned, but I do think he did jet it, and I think it's hard to like, that's Tremonte doing doing that. That. And I don't know how we get Tremonte to do that. I mean, I just you know what I mean? That's just my point.

That's So I'm sympathetic.

Except it's gotta be cleaned. Right. Right? I mean, that's that's the bottom line. The the rule is that has to be cleaned. I'm sympathetic towards you. You need to talk to those guys and get them to top.

Their guys went out. Appreciate address them. Okay.

I'm in agreement that I understand the city attorney's point, but I feel like notice was not great on this. Communication was not great on this. I know there's some staffing turnover in this part of the community. I think they've demonstrated good faith,

I think we

wanna give them time to Excuse

me. Can you direct your face to the mic?

I'm sorry.

Thank you.

I think they've operated in good faith. I think we wanna give them time to come into compliance. It sounds like they've already done that. I don't think that finding them out of compliance is really what we wanna do at this point. And I understand why the city desires to do so, but this is, to my knowledge, the first time that they've come before this board at least in a no large number of years. So Never been here.

I mean, we maybe we get more dumpsters. You know what

I Exactly.

That's what

I'm thinking.

Considering two dumpsters a

day Yeah.

Once it Right. Once it overflows.

I mean, the visibility of the location. I see the average Christmas tree.

That's the busiest place in Delray Beach.

Maybe maybe additional capacity? I had the same issue. Wouldn't that be a

We we actually we actually did a site plan modification not too long ago where we actually enlarged the dumpster. We actually put a rolling gate on it instead of doors that get knocked off all the time. And we actually added one more dumpster to it. Additional stay at pickup. I had to do that.

Yeah. Because it's such a high Yeah. Restaurant. Right.

I hate to I hate to interrupt, but it's not Right.

Our job.

You guys can't can't give advice. You shouldn't.

Okay. Right.

It's

fine. Mister chair, I'd like to move that we postpone this case until the February meeting.

And give the code officer time

to go

out. Yep.

Re Reinspect. Inspect.

I'm not gonna be made people are not gonna be happy. I believe the key problem with you and the violation is in the last sentence of the violation

There there's

a says, the property owner is asked to unclog the drain and keep the dumpster area clean at all times by making sure that all boxes, bags, garbage, etcetera, etcetera are placed inside the dumpster. That means this to me. It has to be cleaned every day, more than once a day if needed. It's not just a question. Say, we're gonna clean it tomorrow, and then we're all done with our violation, and we'll let it get dirty again.

No. You have to be convinced to clean. And I think the way to convince you that you need to spend more effort is to fine you with something and give you, like, minimum time to be shown that you are keeping it clean every day, then maybe we can reconsider. But I don't agree with letting you go and say, and for blowing out the drain is not the problem at all. Do you have any proof that the cloggage was in the pipe? No. What did you do? They jetted it out. That doesn't mean they removed anything, or they found what was maybe clogging it, which was probably nothing. The problem is when the debris overlies the drain inlet, it becomes a problem.

And that's where you're not taking care, and I believe you need to be fined or put on notice in some way that say, I'm gonna meet the requirement of the last sentence of the violation.

Mister chair, there's a there's a there's a motion on the floor. So the appropriate thing is there to be a second or for the motion to fail?

I'm sorry. I didn't hear

the motion. There's a motion on the floor, I think

To to postpone. Right there.

Do do I have a second? Second. All in favor? Aye. Aye. Opposed?

Aye. No. No.

Can we call the roll please? Yep.

Okay. Wayne Pasek?

Aye.

Steven Gutierrez?

He's not here.

Richard Burgess. Aye. Todd Larue. Yes. Jennifer Jones.

Robert Cohen?

No.

James Fetter?

Nay. Okay.

So that means the motion fails.

Yes. Right.

Thank you,

sir. No. It's not it's not over. Right. We have to have some He hasn't

made a motion, but I do have a question. When you mentioned the code initially, the way it was posted, you stated that even if it is in compliance, if it falls out of compliance, it will continue to be an issue. Right? That's what the initial posting said?

Right. The yes. To bring the property into compliance and remain in the state of compliance.

Okay. So then what can we get from from you guys as a an assurance to the city that you will continue your attempts to remain in compliance? So the pictures have shown that more than in one more than one occasion after the posting, it was out of compliance. So you say you're in compliance now. What can you They they propose.

You you can't make them commit to something outside. Just just a quick reminder. The the board's only role is to make a determination based upon the facts as you find them whether or not the respondent is in violation of the code, and if so, to provide opportunity for them to correct and a fine if they do not. That is all that you guys are supposed to do.

Okay. Thank you.

And we don't if they're in compliance now or not.

This I don't if the city is not willing to concede that at this point, then you it's up to you to make a determination, but I think that's a dispute of fact right now.

So I would I would like to make a motion. Please. Well, I do find that they are in violation. With respect with this case, number 25Dash000301, a more defining of facts and the conclusion of the law, that there good is notice and that violation does exist. The facts support the violation from the statement that we receive.

The offending party shall correct all violation within thirty days or pay hundred hours a day thereafter. For each day of noncompliance, the respondent shall immediately notify the court enforcement officer when the property is unburdened to compliance. If the violation is not brought to compliance, then the court officer shall report back to the board. And in the event of noncompliance, a lien for the daily amount shall be imposed onto the property.

Do I have a second? Second. All in favor? Aye. All opposed? Posed. Thank

you.

Roll call.

We can call a roll, please.

I'm sorry?

Call the roll, please. Wayne

Passick.

Aye. No. That's fine.

You're in favor?

Yeah. I'm in favor.

Richard Burgess.

Aye.

Jennifer Jones. Aye. Robert Cohen. Aye. James Fetter. Aye. Thank you.

You didn't call my

name. Nope.

Todd Larue. I apologize. Nay.

Motion passes. Yes. Thank you. Thanks, guys.

Thank you. Thank you.

Case number two. Code 25000369. Property owner is g squared ventures LLC the registered agent is Mandy Robin the property address is 98 Southeast 6th Avenue and the code officer is James Easley

Good afternoon, code board. My name is code enforcement officer James Easley with the Clean and Safe Unit. I'm here regarding code case number 25Dash000369, a business tax receipt and signs requiring permits violation located at 98 Southeast 6th Avenue in Delray Beach, Florida. This property was originally cited on 10/29/2025. The compliance deadline was 11/29/2025.

On 12/09/2025, I, James Easley, conducted a reinspection of the property. During the course of my reinspection of this property, I observed signage for paid parking that has not yet been approved by the city of Delray Beach, which is a violation of section code four point six point seven, subsection f, subsection one, signs requiring permits. Additionally, this property is in violation of section code one ten point zero two for operating a business in the city of Delray Beach without a business tax receipt. The property owner was asked to apply and obtain all necessary permits and license prior to operating in the city of Delray Beach. A formal notice of hearing was mailed first class and certified mail on 10/31/2025 and posted at the property on 12/08/2025.

The compliance date was required. On 12/09/2025, I reinspected the property and observed that the property was still not in compliance. As of today, the violations still exist, but I've, been able to have conversation with Mandy Robin of g squared, owner of the property, had conversations with the city of Delray Beach planning and zoning department and the city of Delray Beach business tax receipt department who stated that this property this owner is bringing this property into compliance, and all licenses and permits should be issued within the next fourteen days. You see my photos from December 8, that shows the property.

Wait. Okay. If you can sorry. If you can go back and go to the first exhibit, state the number and what's in the exhibit. Here here you go. Wait. Stop. I got it. Let's switch clickers. Oh, I have another one.

Okay. Thank you.

Here you go.

Okay.

Give me what he has. I think this one's just a little backwards. Thank you.

Thank you. So

is that the first exhibit?

Exhibit

one. Yeah. So you can see the paid parking signs.

Go press the button on the bottom to go back. There

you go. Alright.

This is a property cited back in October. It's the posting. Let me see. It goes the wrong way. Alright. Posting, this is property. The paid parking signs back in October.

Okay. So let me because it appears that the exhibit numbers are a little off, I'll help you walk through this one. So let's start back from the top. Go back. Go back. Back. Back. One second. Let me just make sure we have the correct okay. So let's let's start. Alright. Here. Exhibit one, that was back on December 25. Is that just to display the posting?

The summary? Yes. This is yeah. It's the posting.

Pardon? Yeah. December December 8?

Yes. December 8.

Yes.

Alright. Exhibit two.

The affidavit of posting.

Alright. Stop. Exhibit three.

This is this is a view of the property.

Back on back in October?

Back in 10/29/2025.

And is this when this was originally observed?

Yes.

Okay. The parking sign? Okay. Keep going. Alright. Exhibit four, this is the initial observation. Is that what the sign that you that's out of compliance?

Right. So the signs were erected prior to them getting the permit.

Alright. Exhibit five?

This is a reinspection of the property on 12/09/2025 showing that the signs are still there after the notice had been given, but no permit or license had been received.

Okay. Next. Exhibit six.

Again, you see the you see the the the paid parking signs erected without a permit.

Exhibit seven.

Again, this is another photo on 12/09/2025 showing the paid parking signs without a permit.

Exhibit eight.

Went back on December 30, the signs are still erected, but no permits or license had been issued.

Exhibit keep going. Exhibit nine.

Again, another photo on December 30 showing, the pay parking sign without a permit.

Exhibit. Do you have another? Okay. So go back. Go back. That's fine. So just just for clarification, first, let's see if we can move to get these nine exhibits in the order we stated into evidence.

Mr. Chairman, I'd like to move that we admit the nine exhibits into evidence detailing the case evidence for case number code 25000369. Second.

All in favor? Aye. Opposed?

Pictures are in.

Thank you. So I just have just a few follow-up questions. Yes. This case has two violations.

Correct? Violations. Yes.

One is for the actual signs that were placed without permit. Correct?

Right.

And the other one is for operating the business tax and that making money off of the parking is a business of itself. Right. Correct. Just want to be clear that that's why there are two violations.

That is correct. Yes.

And you say it earlier. I think think you said something about them near compliance. They're not in compliance. Correct?

As as of today, the property is still not in compliance for those two section codes.

And based off the way the violations were written and notice, they had to come into compliance by a obtaining a permit for the first part of not the the signage and b for obtaining a a business tax

that is correct that is correct

and you were just letting the board know that you had been in communication and we're following up on the status

correct alright Yes.

That's all I have. Thank you. Awesome.

Was there anybody here for this case?

The recommendation is that the property owner be given thirty days to bring the property into compliance or face a fine of $100 per day until the violation is cured.

I have a question before we move to motion. Please. You say you were in communication with, court enforcement and building permits?

Yes. I've been in contact with the property owner, business tax receipt with the city of Delray Beach, planning and zoning.

And is your understanding that thirty days is sufficient for them to be compliant from today on?

It is. It is my understanding that that is sufficient.

Do know if any attempts have already been started?

Yes. Yes. They're they're they're right at the finish line.

Okay. In the process. Okay. Thank you.

Some question. Are there two business licenses in addition to the parking, or is just the business tax the only per business permit that they are going after.

Right. So they have to have the business tax receipt to be able to charge for the paid parking. So that's a separate business. And so not

Business is just paid parking. There's not another building or

Correct. Or part of the Yeah. Correct. We're just here for the parking. Okay. Thank you.

Questions to anybody?

Sounds like a new motion.

Do you wanna make the motion?

Sure. Go ahead, John. Chairman, thank you. I'd like to make a motion. I do find them in violation in respect to case 25Dash00369. I move the finding of facts and the conclusion of the law that there is good notice and that violation exists. The fact that support the violation are the testimony from the court enforcement and the pictures shared in evidence. The offending party shall correct all violations within thirty days. From today, our fine pay a fine of $200 a day for each day thereafter of noncompliance. The respondent shall immediately notify the court enforcement officer when the property is brought into compliance.

If the violation is not brought into compliance, the court enforcement officer shall report back to the board. And in the event of noncompliance, a lien for the daily amount shall be imposed on the property

second all in favor aye all opposed motion passes

thank you

thank you thank you

you case

number 32025000126 property owner is James r moody the property address is 2208 West Pine Ridge Court The case will be presented by Randell Strong.

Good afternoon.

Here at Randall's I'm room here regarding 20 Skip 25126. Office owner Jane Moody. Address, 2208 Ridge Pine Ridge Court. Originally found in violation 04/10/2025 for a landscaping violation. The owner was given fourteen days to correct the violation. Has not as of yet. So it it was a $50 dated fine. I have five photographs of from the original case. Three from the original case. There's one new I have one photograph showing this case is still out of compliance.

Okay. So we have one photograph from the original case. This is what it looked like on the inspection.

Risen again.

That's And then here, it are these your your new photographs?

Yes. Exhibit one. This this is new. This is this this was 11/05/2025. Number four. As of today, there's a

So question. Was it is your thing off? Because I see 2026. Is this just an error? Was that taken from No.

It's not. This was

oh, yeah. That's that's the error from the fall. I'm sorry. Okay. So 2026. We're just speaking. So at this time, the city would like to introduce the new four exhibits into evidence. No. Of of Earlier in the previous case, some of the exhibit were out of order. Some pictures on our market exhibit, do we need to do that for this case as well?

No. He he just I I asked him a follow-up question. So he was saying that this is what this is an accurate depiction of what it looked like on 01/06/2026.

So the

It's just an error.

Yeah. The first picture doesn't have any exhibit name on it, so I wanted to see if that

So the first picture

So it's not part of the

No. What we're doing is this is a a noncompliance case. So what we do is we show what the original violation look like because one of the things or elements that we have to prove is that the property is still out of compliance. Okay. So this one is like, alright. This is what it looked like before, and this is what it continues to look like. Thank you.

You're welcome.

Mister chairman, I move that we admit the documents and pictures exhibit one through five?

Four.

Four. Submitted by the city, into evidence on this case.

Second. All in favor? Aye. Aye. All opposed? Pixaran.

Thank you. What is the total outstanding fines on this case?

As of today, there's a true fine amount of $12,900.

So what is your recommendation?

Recommendations mean the property and the amount the same the same amount of 200 $4,900.

And keep And continue. Fine. And what was the daily fine?

200,000.

No. The daily fine.

Oh, daily fine. The daily fine was only $200.

Okay. Thank you.

Have you talked to the court? No

communication with the owner. As you can see, he does have, you know, mail. There he is. The team is coming with no communication as of yet.

And it like, obviously, the mail's being checked because

Okay.

On exhibit 1 on November 5 and then exhibit three on 01/05/2026, the mail is clear. Gotcha. Thank you.

So somebody's living there.

Yeah. So I

could find

on the sixth that looks like the notice disappeared.

Correct.

Okay. Gotcha.

Right.

Questions? Anybody?

Mister chairman, I will make make the motion with respect to case number 2025000126. I find for finding a fact in the conclusion of law that there is good notice that the violations of unkempt lawn and storage left out continue to exist on the property and that based on our previous order, a fine in the amount of $12,900 be levied against the property and property owner and the daily fine of $100 per day continue until the property comes into compliance. The respondent shall immediately notify the code enforcement officer when the property is brought into compliance.

Is that the correct daily fine amount?

Yeah. Is that the

Yeah. It's a $50

daily fine. What did I say?

You said a 100.

No. My error No.

No. It was 50. Yes. Yes.

Yes. It was 50.

Do I have a second?

Second. All

in favor? Aye. Opposed? Motion passes.

Thank you.

Thank you.

Case number four. Code 25000094 the property owner the

Mhmm. This is a case case this case was originally found to be a work without permit violation on 07/18/2025 for putting up a new fence on the property. On 10/09/2025, the ruling was to obtain an approved permit within thirty days or a daily fine of $50 per day. On 11/12/2025 on 11/12/2025, a board order inspection was conducted, and it was observed that the violation still existed. On 12/17/2025, I posted a noncompliance hearing notice at the property.

On 11/14/2025, noncompliance hearing notice was mailed first class certified mail and posted as posted to city hall. As of today, 01/08/2026, the file remains outstanding. I have five new photos to introduce as evidence and three previously showed photos from the initial hearing. This was taken 07/18/2025, and it's showing in the back of the property the fence that was put up. This was taken July 1825.

It's just a different angle of the back of the property with the fence. This was taken 07/18/2025, and this shows the front of the property where you can see they put the fence up to on the right of the property. This is exhibit one. This was taken December 2025, and it's posting the notice to the property. Exhibit two shows the affidavit of posting.

And that was for the posting, like, December 17?

Yes.

Okay. Thank you.

Exhibit three was taken 12/31/2025, and it shows the fence still remains on the property. 12/31/2020 exhibit four, it was taken 12/31/2025 in just a different angle showing the fence on the property behind the property. Exhibit five was taken 12/31/2025, and it shows the front of the property where the fence is there as well. And

as of today you've checked the city records and there's no permit

They they applied for a permit but There's

no approved permit?

No. It's not approved. No.

Okay. Thank

you. They have applied you said?

They applied. Yes. But it's not it's not it hasn't been issued.

And what was the date of application?

They applied for the permit 07/31/2025.

And presumably, there was some response back to them that they needed to provide information or something like that, and they haven't

They went through the steps. They have the last step is it requires resubmit with landscape, and it says that the chain link fence shall be black shall be black or green vinyl coated, and they have to do a a head screening required.

Okay. And so they have

That's that's the last that's the last thing.

Yes. As far as you know, they haven't communicated with anyone in code enforcement saying they're working on it.

Well, I would I spoke to him pertaining when the case was going, and he was going through the steps, but I'm not sure pertaining to these steps was what happened.

And I believe the property owner is here. Thank you. Did we we got the motion to introduce the photos? Yes. Yes. Alright. Thank you.

Nobody asked. No.

You have to do the motion for the new photos. You guys didn't do it. Yeah. I think we put the in.

The five new exhibits?

Yes. We probably did, but if we need to, we can

Mister chairman, I would like move move a motion to accept the five new photographs showing the current condition of the property. Property.

Second. All in favor?

Aye. Post?

Thank you.

Victor. Hi. How are you?

Good. How about you? Awesome. So is it my turn to speak? Name? Yes. Your So, yeah, on I think it was yeah. He had said the nine

name and contact information for

the record, please. Carson Malarkey. Phone number Please. (916) 212-8043. So, yeah, on October 9, he was informed that I had a month to comply, to get the permit.

If I didn't, I'd be fined $50 a day. At the end of that meeting, I asked if I'm unable to reach compliance within that month. Am I gonna be able to ask for the extension as the fence was already built and the permit process for you know, it's just the owner builder permit, and I've had no experience getting that type of licensure. So I'd asked if within the month, whenever the the fine to start, if I'd be able to talk to you guys and essentially get an extension. I was told yes.

And so in the meeting the following month, I well, so in that following month, I was using the the services service to do the permit application the whole time. The status had said under review, and then under action, it said no action. As we got closer to the start of the fines, I was like, what's going on? Eventually, I saw an email saying from, like, a respond and resubmit service from a whole different service than the eservices, which I didn't know was something that I had to apply through. But, anyway, so I came back the following month expecting a chance to be able to talk, and my case wasn't one of the ones on the list.

So I sat here for a little bit and then left. I then called the city and said, hey. I'm getting fined right now. What do I do? And they basically just said that I had to wait until the next code enforcement hearing, which the one on December 4 was canceled. During that time, I continued to try to get permitted. I responded, resubmitted multiple times. I got, like, probably four responses in the review of them not understanding that the fence was already built. So I had to tell them over and over. I got the property surveyed, submitted the survey, all that stuff.

They were still saying stuff like, please, add this of the proposed fence. And I guess the fence is already built. Like, can somebody just come out and either inspect or do something? And then, yeah, I guess that's where I'm at right now. I've just I've responded and resubmitted, like, four different times. I got it surveyed. I don't really know how to continue. I tried to do something to make sure that I wasn't accruing fines this entire time, but there was really nothing I could do. So I'm just not sure where to go from here.

So he's applied, and all it says is he has to get the chain link fence. Is that the

From what it shows is through landscape, and it says chain link fence shall be black or green vinyl coated, and head screening is required.

That that's just one of the comments of, like, four different reviews. There's reviews from from landscape, from planning and zoning, from you. I submitted the request to all the utilities that got approved and found that the fence did does cross the border a little bit on one of the corners of the property. Property, so I don't know whether the procedure is to just pull it back, tear the whole fence down, and rebuild. I just haven't really had anyone communicating with me as to what I need to do.

What is compliance? Apply apply to receive a permit?

Correct. The the compliance will be to obtain a a permit.

Or remove the fence.

Or remove

the fence. And I and I we can't give advice here, but this is why we try to get the approvals beforehand because it it does happen sometimes where people build things out of code.

And he's not accruing fines now, is he?

He is. Yes.

Oh, he is.

Yeah. I've been accruing fines this whole time, and that's why I called. And they said that I just have to wait until the next hearing to be able to do anything.

So what's the total amount of accrual?

The city suggests to lien the property in amount of $3,000.

3,000? And what's the daily fine right now? $50 per day.

Okay. So the city's recommendation is a lien?

Yeah. Lien to continue the daily fine. That's our recommendation.

I just feel like the disconnect between the code violation and the process that I have to go through to get permitted isn't really fair. For example, I'm getting fined $50 a day while I'm waiting for responses from the city on the review and resubmit, and it just doesn't seem, like, fair. I don't know.

And had you been communicating with the code enforcement department as well throughout this process so they knew I was up

I was up to a point, but once I started the process of getting it permitted, I mean, code enforcement doesn't really have any say there. You know? I'm essentially just getting fined because I'm not in compliance while jumping through continuous hurdles trying to get a fence that's already built permitted. Mhmm. And nobody in the permit department has been helpful, essentially.

Did you think you needed a permit before you built the fence?

I asked Chad TBT, and it said that a six foot fence didn't need a permit, but, obviously, it was wrong. So Gotcha. But it was, the whole fence is built to code. I took pictures of each footing. It's all six foot. A lot of my neighbors thought it was professionally done. There was a stray cat problem, and cats were going through, the front and back, and it helped that. It also just makes the neighborhood safer and nicer. As you can see, the house looks a lot nicer in these photos than it did in the original ones. But yeah.

I have a question. Does this board have the authority to suspend the fine while he's getting compliance?

You can't reduce the fine if he's not in compliance. The authority to reduce the fine is only available to you should he be in compliance and petition for reduction of fine, which there's a couple of those cases later. The board can suspend or freeze the fine, pause the fine for for a period of time if you so choose.

Which I think the biggest issue is when I first was told that in thirty days, I would start accruing fines. I specifically asked, if I can't get it in compliance, then will I have a chance to either get an extension or something? I was told yes. I tried to get it in compliance by that date. I didn't. I come back to the meeting that next month. My case was not one of the ones under discussion, so I was just left the dark, essentially, at that point.

Questions? The

fence that is being mentioned for the violation, it was a preexisting fence, and you just

No. I built it.

Okay. There were no rotten sections or anything that you just replaced? Or

Yeah. I I no. Nothing was there. I tied in to all the surrounding fences, assuming that those were surveyed in in the right locations. And the way that the survey came back, if I did install it to that boundary, there's gonna be, like, a six inch gap in between fences, and animals are gonna be able to continue to get through. And so that's why I just tied it all the way through to my neighbor's back fence to make to seal up the yard.

Well, the fence that you put in is all the new lumber. Right. Correct. The gray lumber is was all was already there.

Correct. So I just went right up to theirs.

I don't think the city has the capacity to answer that. In your expertise, thirty days, sixty days, how much time would it take to get into compliance?

That's really a development services question. What I could do though is I could reach out to one of the representatives or assistant director and try to see if they can get him, you know, to further explain or clarify to try to assist. You know, our goal is compliance. Right? So to try to, you know, clarify and make sure he fully understands what he needs to do within the code.

Well, I guess that's kind of where the gap is because the code is to come to compliance, but compliance is to get a permit, and there's no bridge between the code and for the code department and the permit department. So I'm getting fined $50 a day while I'm waiting for a response from the permit department

days. I understand what you're

saying, but

what what I'm saying is this is we're in code, but I could try to help you get to where you need to be quicker. Okay. Right? So once you get to compliance

Yes.

Then there's other things that you can do regarding any fines.

Okay.

So

Okay.

Let me see

what you

need to say first. Okay.

If we if we have any questions. Okay. If if I'm not sure if the board has any questions for what we do. We do have a representative from development services if if any questions are necessary. But why well, we can't put him in contact with him and really sit there with him and hash it out.

We're trying to help him get to compliance. Correct. And I think if we knew a finish line because that's what we wanna do Right. Is give him a finish line and then go go after that if he doesn't get it, you know, get

it Correct. Approved. And that's why I was suggesting to have a meeting where they can sit down. I don't know if this is appropriate for him to hash that out here.

It's hard to do a motion.

Correct. So if your question if you would like him to answer how long he

takes Yes. My question

would be We would have to swear him in, please? Yes. Thank you.

By the authority vested in me, as a notary of the state of Florida, do you swear and affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?

Thank

you. Thank you. So

could you please state your full name and your position with the city?

Good afternoon, board. My first name is Thomas. My last name is Story. I am a plan reviewer along with a inspector for the city of Derry Beach. I was a previous code enforcement officer as well for five years.

And are you familiar with the processes regarding fence permits and landscaping? I think that was one of the requirements in this case.

I am

I am familiar with the process.

I'm not sure if you're familiar with this particular case.

Like, that's already built, I guess. I am not

familiar with this particular case, but for the process of this case, I could answer questions.

So I'm not sure if you've listened to the entire testimony.

I did.

Okay. And based on your experience within the department, if we get submittals

Yes.

Do you think this would be able to be accomplished within thirty days? I believe miss Jones was asking or or what is the appropriate time?

So I think thirty days would be appropriate. I did listen to what the owner stated. He did state that nobody from the building department has contacted him back. I will state that's not true. Our contact is through the plan review comments. So it's his responsibility to submit what we're asking for. Once he submits that, we review the comments, and it goes on to the next one. So when he's saying nobody has called me back, we don't call back. We put our comments under the plan review. It's on him, on his responsibility, to now look at those comments and correct them as needed.

But if if a resident had questions about Yes. Comment, you guys will be more than willing to assist and make sure he understands. Correct?

It happens all the time. Yes.

Okay. Thank you. Gotcha.

And this is something that can be resolved within thirty days?

This can be resolved in thirty days. Okay.

Mister chairman, my only thing is in regards to the daily fine that he's receiving. It sounds like the owner has been attempting at least good faith to resolve this issue. In the motion, can we ask can we mention to freeze

the Yep.

For the day. Okay.

So so it's not like you wanna freeze freeze it and reset it for the next hearing?

Or Yeah. Oh, yeah.

I mean, I think that'd be great. I mean Yeah. Think that'd be fair. Jen, whatever your motion is.

I was just I I'm not suggesting it. I'm just saying if that's what you wanna do, we would request that you at least set it for the next hearing so we can track it.

Yeah. The way you could accomplish that is to move to suspend the fine until the next hearing and reset this for the next hearing day.

I move to suspend the fines till the next hearing, and then we can reset it on the next

Hearing day.

Agenda. Awesome.

Second. All in favor? Aye. Aye. Opposed? Perfect.

Thank you. Thank you, guys.

And mister Mallarker, just so you understand, the 3,000 that you've already been fined still exists. We haven't leaned your property yet, but that's an outstanding fine. Once the case is closed, you can come back to us and ask that that 3,000 then also be reduced. Okay. Okay? And you can talk with the code enforcement officer about that process.

Okay. What I need, like, in terms of reduction, what is a prob a reasonable reason for the like, should I look up the days in between respond to resubmits and,

you know I I don't even think that they shouldn't. I'm gonna sorry, mister Wecker.

Yeah. We're

kinda not

aware. Appropriate for them to answer, but what I will say is that, you know, once it comes into compliance, all you have to do is just contact code enforcement staff and we will set it on the next available hearing so you can present whatever arguments you have Okay. For reduction.

Okay. Okay.

Perfect. Thank you. Perfect. Thanks guys.

Thank you.