Code Enforcement Board - Regular Meeting

Are we ready, John? Ready. Alright. I hereby call this meeting to order. This is the code enforcement magistrate for the city of Delray Beach. Cases will be heard in the order in which they appear on the agenda. When you hear your case called, go ahead and proceed directly to the podium on my left hand side. The city will present its testimony and evidence first. You'll have an opportunity to review any evidence that the city submits and ask any questions of any of the city's witnesses, after which time you can present your own testimony and evidence, and I will make a decision. This is a quasi judicial hearing, which means the formal rules of evidence do not apply here.

However, all testimony is taken under oath under penalty of perjury. For the duration of the hearing, I'd ask that everyone please silence their cell phones and take conversations outside the the chambers. Do you have any changes to the agenda?

No changes to the agenda.

Alright. Can we please swear on the witnesses? Anyone that's gonna testify or thinks they might testify or there's a possibility that you might testify, please rise and raise your right hand so you can be sworn

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

I do. Yeah. You may be seated.

Alright. So they can call the first case.

Case number one, IR code 25000090. Owner's name is Rosebud George East one LLC. Registered agent is Centimeters Rack Inc. Property address is 400 East Atlantic Avenue, and it's presented by code officer Delinda Witkowski. Good

afternoon, magistrate. My name is Delinda Witkowski, and I am a code enforcement officer for Clean and Safe with the city of Delray Beach. I am here regarding an irreversible and irreparable violation on case 25000090, which involves two restaurants, which is Green Owl and Killwinds. All notifications were mailed out on 07/29/2925, and the posting was hand delivered and signed on 07/25/2025. On 07/17/2025, as I was driving along on my regular, you know, on the on the field and stuff, just going through the back of I I have a tendency to walk through the avenue as a as I regulate the restaurants and the businesses, and I also drive in the back where I just make sure that everything is good and everything is sanitary and and taken care of.

As I was driving by at this location, I noticed one day that there was a bunch of black bags on the ground in front of the compactor that is a shared compactor. As I got closer, I I actually pulled over and stopped and got closer to the compactor, and I noticed that there there was a lot of leachates and and juices and stuff coming out from the bags. We have been having a very hot summer, and with intensity of the sun against the bags, it accumulates the acceleration of the decomposition of the trash within, and it was leaking and pouring out of the pores and stuff and coming out of the bags and going into our storm drain.

So you said this is a shared business. Correct? This specifically here is for which

business? For Killwinds and Green Owls. Okay. So due to the increased heat, like I mentioned, there was a lot of garbage juice as I approached and got closer and stuff, and everything was leaking in into our our storm drain water. Water. You'll see that in our first exhibit in the video. Okay. So

now I'm showing you

Let me show you this. Oh, okay. Last time, we had to press this to to to

Alright. But I'm now showing you city's exhibit one for identification purposes. Do you recognize this? I do. Is this a video that you prefer that you took on 07/17/2025?

Correct. So

if you could describe to us what's going on.

Well, no. Actually, this was taken on this was on the seventeenth.

Can can you just back to us what's happening

on here?

So this is all the leachates and juices and garbage and stuff that was leaking from the bags and going into our storm drain.

So it appears that you were walking from the location of the trash can to, like, down following the stream to how it was going into the city storm drain? Correct. And at the top of the photo, kind of where that car is by the the drain, is that what you're referring to? Yes. That's to the drain?

Correct. That's the storm drain.

Alright. Thank you. City's exhibit two for identification purposes. What is it? What does it take? And when was it taken? So this was taken

on July 17, and it's just a closer view of how just the the bags and stuff things, everything is leaking, and you can see closer up all the the oils and the garbage juice and the liquid flow just kind of mixing in together and flowing into going in direction of our stream storm drain.

And on the top left of the photograph, that's the trash bag, kind of what what you were discussing earlier?

Yes. On the top left, yes.

Okay. City's exhibit three for identification purposes. Same questions.

So this is just going just a closer look and stuff of it going in direction of the storm drain.

Alright. And this is where you can actually see built up liquid and with the mix of the leachate and the oils and every

Correct.

The items that aren't supposed to be in this.

Correct. I think correct. So there

I'm sorry. What was it saying?

No. The I was gonna say at the at this on this photo and stuff, you can see closer, the oil's kinda mixing in with with the liquid juices.

Is it clear?

Absolutely not. And that's

the exhibit four taken on July 17.

Correct. That's on July 17.

And since exhibit five, what is it depicted when was it taken?

So this was also taken on July 17, which is just the compactor, as you can see, is overflowing to the rim, and obviously that is probably why they put all their bags on the ground.

Okay. And that's on the seventeenth. Correct? Correct. Alright. Cities exhibit six for identification purposes. What does this depend?

Okay. So this is just on property appraisal. It's just a overview of the location. There are actually three parcels on that block, and this is the parcel that I'm speaking of now, which is 400 East Atlantic Avenue.

Is that the parcel that's kind of outlined in the blue lines that you've as a demonstrative aid posted?

Correct. That's on the on the South Southwest Corner.

And the arrow pointing?

The arrow pointing is where the dumpsters are, the location where the shared dumpster is.

Okay. City's exhibit seven for identification purposes.

K. I actually just wanted to put this in here that it shows all the restaurants on on that block showing Green Arrow on the on actually, on the Southwest Southwest Corner here, and Kilwins is the top top where it's just the the one parcel.

And thank you. At this time, the city would like to introduce the seven exhibits into evidence. K.

Can I I'm I just I needed to to to

Before we we gotta

I need to exhibit

Ma'am, can you tell me your name, please?

I'm Abby Raish Bennett. I'm the property manager.

Miss Bennett, you have any objections to the photographs of the city of Alright. Without objection, I'll accept an evidence as a city's composite exhibit.

What were you saying,

mister Taske?

Oh, no. So the this is just that I didn't finish my script, so it was a direct violation of code section 53.012, which states that illicit discharge is prohibited, whether it be domestic, sanitary, industrial, commercial, that is prohibited to be allowed into our storm drain water.

And and based on your investigation, you were you were able to find items to connect this property. Correct? Correct. No further questions.

Miss Bennett?

The compactor is not on my property. We do have a shared agreement with the property next door to us. We were just talking before. We know we have an issue, and we need to address it. That's really it. I mean, I don't know. I mean, I don't know how those garbage bags themselves tie back to I and I don't nothing was open. So I don't know if it was Killwins or Green Owl. I'm not disputing that Green Owl is definitely an issue and everything else, but it's not on my property. Have no control of the compactor. I just have an agreement with the properties next door.

Where is the compactor?

Can you repeat that question? Where is it?

The miss Bennett is arguing that the compactor is not on her property, which

It is a shared they they have a contract. It's a shared con compactor for all the restaurants on that block.

Which is like she admitted and she also admitted they know that there is an issue.

They all use it.

I guess the question I'm trying to ask is where is the compound? Whose property does the compactor sit?

Technically, it's like it's actually more on the 418 East Atlantic Avenue, the one in the middle there. So but they all use it. They all have a they all equally use that that same compactor.

What's the city asking for here?

So the city suggests a one time fine of $5,000 to be paid within thirty days or an authorization to lien the property if not paid within those thirty days.

Miss Miller?

I have no control of the compactor. I mean, it's not even on my property. I don't know what else to say. It's not on my property.

I don't I don't think the issue is not necessarily specifically where it's located, the fact that they have an agreement to utilize the specific comp vendor. And she's already admitted that they know that there's an issue, and she's admitted that they have the shared agreement. So I think the physical location doesn't preclude us from finding them a violation since they have control over

I have an agreement here with the dumpster shared agreement if you would like to take a look

at it. That's undisputed. But if you if you wanna

Yeah. I'm just because, you know, sometimes code enforcement is a is a little trickier. Right? Because it follows doesn't follow people, it follows property. Yep. And fundamentally, you're responsible for what happens on your property. I guess the city's argument is because the disposal of the trash on your property is being done via this agreement that that it still makes you responsible. They might be right about that. It's complicated, but so the city wants to fine you 5,000. How would you respond to that?

I it's it's not on my property. I don't know how I can control the compactor because it's not on my property.

I'm I'm guessing the city would probably argue and and correct me if I'm wrong, they're not asking you to control the compactor. They're asking you to control the garbage that you guys are putting out there.

Mhmm. That's correct.

And I've gone to the city because we I've tried to do other alternatives, trying to get what were the toads we were trying to do and some other things. And I have to resubmit some paperwork that was submitted back in 02/2015 that was denied for a dumpster because I'd like our own dumpster. But, technically, we really don't have the room without taking out a parking spot. So I'm kind of this is I'm being forced in a sense to use a compact, which I understand, but my hands are tied.

I I'm gonna assess the fine here. I'm gonna reduce what the city's asking by half. I'm gonna I'm gonna assess it at $2,500. Okay. And I'm gonna give you days. But if it comes back, I I can't show the kind of leniency that I'm showing now. So you're gonna have to figure out how to get that trash handle without

it being the property manager next door, we're just talking and we're gonna sit down and

and Because, I mean, fundamentally, what the city is concerned with, even though they didn't really present it here in this case, what they're concerned with is when that stuff leaks into the storm drain Oh. It causes some serious problems for the city and then also causes the city to be potentially subject to fines for water quality. Right?

So I

absolutely agree. These are serious matters and that's why I think the city's bringing them. But I'm gonna give you a little bit of a chance to fix this. Okay. But but you're gonna have to try and figure out what to do. Alright? I will. Alright. I'm gonna assess a one time fine amount of $2,500 payable within thirty days. And I'm gonna ask the city to work with you as much as possible to try and come up with some solutions here. Okay? Perfect.

Thank you.

K. Case number two, IR code 25000091. Owner's name is four fifty Atlantic Investments LLC. The registered agent is James Batmazian. Property address is 450 East Atlantic Avenue presented by code officer Delinda Wachowski.

Good afternoon, magistrate. My name is Delinda Wachowski. I am a code enforcement officer for Clean and Safe with the city of Delray Beach. I'm here regarding an irreversible and irreparable violation that is case 25000991, directly dealing with Big Al's steak restaurant. All notices were mailed on 07/29/2025.

Posting was conducted at the property, but they were it was hand delivered and signed. I did receive the card today. I actually looked at it and received with signature on 08/01/2025. On 07/17/2025, I was I was driving around on the back of the the businesses. I noticed a shared compactor with a bunch of black bags on the ground.

As I parked and got closer to the location, I noticed that there was a lot of leachate and juices flowing from the bags and going in direction of the storm water drain. Because of the heat, of course, creates a greater impact decomposition of the solid waste and creates more of liquids and this was the issue that I kept going into the water storm. This is in direct violation of code section 53.012 which states that it's prohibited for any illicit discharge to go into our storm water drains whether it be domestic, sanitary, industrial, commercial and because of this the water also goes into our storm state waterways and also into the intercoastal waterways which creates a sanitary hazard for for all of us.

Thank you. I'm now showing you it's been previously marked as city six exhibit one for identification purposes. Do you recognize this?

I do. It was taken on 07/17/2025. That is actually the video.

Yeah. Could you please describe what's happening

in the video? K. So as you can I was just videoing it, the the liquids, the garbage juice going into direction of our storm water train?

Thank you. And now she city's exhibit two for identification purposes, do you recognize this and what is it?

Okay. On July 17, this was taken. It's just the juices, the leachate, and the oils all mixing and combining together and just a closer view of it.

Same update, city's exhibit three, what does it depict? Just different

area just showing the the direction that it's flowing into the storm drain.

City's exhibit four for identification purposes taken on July 17, what does it depict?

This is just a closer look so that you can tell. You can see the oils mixing into the garbage juice and just flowing in direction of the storm storm drain. City's exhibit five. This is the shared compactor where it is just packed to the rim and no room for anything else.

This is taken on July 17 as well? Correct. Cities exhibit six for identification purposes?

This is just a aerial view of property appraisal of the the parcel which actually

Big Alps is not on there.

Yeah. That that is not Big Alps.

Okay. Sorry about that. So city's exhibit seven, this isn't?

This is just again a a a whole whole view of all the restaurants combined I said this at back of it.

The city would like to introduce city's exhibits one through five and seven into evidence.

Ma'am, can you tell me your name, please?

I'm Jamie Endetto. I'm the property manager for Investments Limited. If we can have

I'm sorry. One more time.

I work for Investments Limited. We're the property management company for JHP Properties LLC.

And and your name was Janine? Jamie. Jamie.

J a y m e. Last name, Endetto, n d e t o.

Indeto? Is that how Yeah. Miss Indeto, do you have any objection to the photographs the city would like to put in evidence?

It's just

been a little challenging because she didn't really give the full picture. There's a lot of restaurants.

Hold on. I promise I'll let you tell me,

but Yeah.

Procedurally, I just have to know if you object to the photograph.

No. No. No. Okay.

Without objection, I'll accept those in evidence. It's the city's composite. Let me let the city finish, and then you can tell me anything you'd like

me to know. One moment. Okay. You may continue, miss Petoskey. I thought you were done with yours. Are you done

with yours?

Yeah. Yeah. Okay. I'm done. Shoot.

Think The mailing and posting

and everything? Yep. The mailing was yep. I did all that.

Alright. Miss Ndano, go ahead.

Yeah. No. I was just saying that it's a little challenging for us as a property owner to share dumpster with someone

who It's certainly sounding like it.

You know, I've gone around multiple times giving keys out, making sure everybody has what they need because if somebody doesn't turn have the key with them to turn the dumpster, to compact all the trash, then there's no room. Then they just throw them outside or or the cleaning people overnight don't have the keys with them, so they don't know where to put it, so they just put it outside. Right? And so our tenants, we're all we're all involved in this where it's been back and forth and there's default on the contract and there's non payments and all kinds of things. We've allowed them to use the compactor for ten years that they haven't paid anything for this whole time.

So it's been very challenging on our end to get another property owner to comply with the requirements. We have bulk removes and power washing and we've, I don't know if Delinda's noticed, we've added curbing around all the grease tanks and mop sinks and all this type of thing. Right now we're in the middle of engineering to add a grease interceptor on that storm drain so that'll catch any of the grease that goes down there. But also in addition to that, we're looking into making some changes with waste management with the type of compactors that are out there. There's right now a recycling, but it seems like there's more solid waste than recycling.

So, it's just there's just a lot of moving parts with 10 restaurants and all of these people using the dumpster. So I totally understand there's an issue, but I just wanted to give you guys the full picture of what Yeah.

Exactly. And and I think it's worth pointing out because this is not something you do every day. Code enforcement isn't it's not a criminal procedure. Yeah. We're you know, we don't we don't believe that you're villains of any kind.

No, of course. Of course.

The reason and the city can correct me if I mischaracterize them, the reason the city pursues such things is, as I was telling the previous person, they just can't have this going into the storm drains. It creates all kinds of health and functional problems for the city to go through and that's why they tend to be pretty strict about such things. I imagine most people don't want to drink water that has whatever's coming out of those trash bags in it. Right? Yeah. So, I mean, that's why they take it very seriously and and and understandable understandable. So and I and I recognize it. I don't disbelieve anything you told me. I realize that this is challenging, and I also recognize that that you are trying to make efforts to to do something about it. But if, you know, at the end of the day, you still can't have the the

Yeah.

You know, you can't have what what the city showed in those pictures. Right? Is the city asking for?

So the city suggests a one time fine of $5,000 to be paid within thirty days or authorization to lien the property if not paid within that time.

I'm gonna do what I did for the previous person. I'm gonna reduce this to 2,500 payable within thirty days, but again, and this is the same promise I made, if this comes back again, can't I totally understand. Showing you here. So it really needs to be addressed, and we need to keep the stuff out of the water. Okay?

Wear the next one too.

Okay. So hold on. Let me let let me gavel this one in the city of London. Go ahead.

Okay. Case number three, IR code 25000092. Owner's name, JHB Florida Properties. Registered

So I'm

and city I'm name is Delinda Witkowski. I'm I'm a code officer for Clean and the Safe with the city city of Delray Beach. I am here regarding an irreversible and irreparable violation, which is case zero twenty five zero zero zero zero nine two, which directly involves five different restaurants, which would be Lemongrass, Cut four thirty two, Gelato Company, Lisorelli, Lisorelli, the Colombian Coffee House. What?

I won't even try to

pronounce that.

All notifications were mailed out on 07/29/2025. I did receive the certified card returned which was signed signed and received on August 1. I hand delivered the posting. It was also signed, and it was placed at City Hall on the 07/25/2025. On 07/17/2025, as I was driving at the back of the properties of all the businesses and stuff, I had noticed that there was a bunch of garbage bags on the ground in front of the shared compactor.

I pulled over and got out of the truck and I noticed as I was getting closer reaching the bags there was a lot of leachate and garbage juices and oils and stuff leaking from the bags going in direction of our sewer system. This is in direct violation of code section 53.012, which states that it is prohibited for illicit discharge to either be domestic or sanitary, industrial commercial to go into our water waste system, because this also goes not only to our city's storm drain, but it also goes into the state waterways and also into the intercoastals. So and this creates a hazardous condition.

I'm now sharing some previously marked as city's exhibit one for identification purposes. Do you recognize this video?

I do.

And this was taken on July 17?

It was. Could you

please tell us what it depicts?

So those are all the the trash bag there. All the trash bags full, leaking out, all kinds of garbage juices and stuff going in in direction of our storm water drain.

I noticed that. The first time I've noticed your shadow there.

I was there before.

So this exhibit two taken on July 17, what does it depict?

So this is just a closer up of of the juices. Just you can see them just coming out of the bags, closer up all the oils and juices just combining going in direction of the storm water drain. Cities exhibit three taken on July 17? Just a different direction, just all the juices going going in the direction of the storm water drain.

So you see the buildup of the the liquid, the non clear liquid. Correct?

You can. It's it's a little more clear on the on the ex exhibit four.

But it's it's like sitting, lit liquid or moving? Correct. Alright. City's exhibit four for identification purposes taken on July 17.

So on this one, you can clearly see that there's a bunch of oil which kinda sit whoops. Separates a little bit from the the juices itself because oil and water do not mix very well.

City's exhibit five taken on July 17.

And this is just the compactor, the shared compactor that is just overflowing.

Is this So is this backward? So we're gonna skip that one. Cities exhibit seven?

So this is just the back of all of the restaurants. So there's a total of five, six, seven of eight, nine nine different restaurants, I think. And just it's it's the whole block, just the back of of the of the businesses.

Okay. So we could talk about city's exhibit six without regard to the blue rectangle. Is the property identified on this photograph kind of toward underneath the area? Yes.

Above the area? It's actually the big one right in the middle. It's which because that actually has different it's the one right in the middle and on the side here which has all five restaurants.

So if we're looking at the photograph there's a blue arrow, correct? Yeah. And it's the property immediately above the blue arrow?

Correct. And to the actually to the South South East Side. Okay. But the arrow is where the dumpster is located. Alright. At this time, the city would like

to introduce seven photographs into evidence.

Miss Indecca, would you like to state your name and position again?

Jamie Indecca with Investments Limited.

Miss Indecca, do you have any objection to the photograph?

No, sir.

Without objection, I'll accept the evidence, The photographs the city's composite did.

What is your recommendation?

The city would suggest a one time fine of $10,000 to be paid within thirty days or authorization to lien the property if not paid within that time.

Does this property have a previous violation with a finding of fact for for a similar It does. Okay. Do you have the information when it

It was actually on a specific restaurant, just one at that time. But for the same property? For the same property. Okay. Thank you.

Where's the net go?

I think you guys have them backwards. 450, the property that was

450 Big is Big Al. Yes. And 418 is we

originally spoke about, that's the one that was fined already. This one was never fined before so you guys should probably just swap how you guys are fining them. 250. The 200 the $2,500 fine should be on Big Al's, and the other one should be the

Yes. That's that's what was said. So this one is on lemongrass. That was a previous violation, which is on the 418 East Atlantic Avenue. Yeah.

Correct. We just have the violations swapped.

Okay. And why 10,000?

Because there there was a previous case on it that it's been brought before, code board before special it's a repeat.

Can we clarify? Because it sounds like the property owner is stating that that there was not a fine on this property. It was for another property that they are the property manager for.

We just

have our clerk clarify that.

So we could go on the on the list?

I just wanna make sure we're we're accurate. Believe the I believe

the violations are correct. I believe that it was the aerial.

Oh, okay.

Just the aerial was wrong on both cases. Okay.

Just on the property appraiser. Okay.

But the actual case itself, this is for lemongrass.

Oh, okay. Okay.

Well yeah. Yeah. Yeah. 92 is okay.

Oh, you're right. I I thought you were saying that the

lemongrass that had a previous What was the issue with lemongrass last time?

It was the same. I listed discharge. But do we

know it came from Lemongrass? It does not matter.

I think it was it was on the same property. Oh.

It was not my case, so I'm not I don't know the specifics to

it. Okay.

Sounds like this keeps happening.

It's it's been a nightmare. It's been a total nightmare.

Well, you know, I I am a man of my word, is when it happens again, I I have to be harsher. So in this case, I'm gonna set I'm gonna I'll give you a little bit of a break with the hope that I won't see you again, but I'll set it at $7,500 for the discharge payable within thirty days. And, hopefully, this will be the end of it. Okay.

We ask for authority to lean if it's not paid within thirty days, please.

So ordered. Thank you. Thank you, ma'am.

Thank you. Case

number four, Code 25000121. Owner's name is Christopher w Kratzky. Property address is 126 Sea Breeze Avenue presented by code officer Latoya Thompson.

Good afternoon, special magistrate. My name is code officer Latoya Thompson with the city of Beach code enforcement division. I'm here regarding an erosion and sediment control method violation located at 126 Seabreeze Avenue, Delray Beach, Florida. This violation is irreparable, irreversible. On Monday, 07/28/2025, code enforcement received a email complaint from stormwater engineer Moises Cuesta regarding an illicit discharge at 126 Sea Breeze Avenue, Delray Beach.

The following day, Tuesday, July 29, I, code officer Latoya Thompson, investigated the site. I observed sediment from the construction site discharging into the gutters, which then flowed into the catch basin just north of the property. This constitute as irreparable, irreversible violation of the city of Delray Beach land development regulation section four point six point seventeen subsection d subsection three subsection four, erosion and sediment control methods, which state prior to enduring construction of all sites, the permittee and or the responsible party shall implement and maintain all erosion and sediment control measures, best management practices, including the pollution prevention plan required to retain sediment on-site and to prevent violation of the state and federal water quality standards. All practices shall be in accordance with guidelines and specifications in the Florida stormwater erosion and sediment sedimentation control guidelines in guidelines control inspector manual or the latest edition on file with the city of Delray Beach chief building official. Subsection four says, after the conclusion of the land disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered with mulch such as straw, hay, filter fabric, seed, mulch, sod, and other approved materials to extend necessary coverage otherwise denuded areas unless the city engineer determines that the circumstances do not require such covering within sixty days after the final grade is established on any portion of the project site.

That portion of the site shall be provided with established permanent soil stabilized measure according to the original construction plan, whether it be impervious surface or landscaping. A magistrate violation was posted to the property on 08/01/2025. Magistrate violation was male first class and certified male and posted at City Hall 08/01/2025. There is a total of five photos and one videos I would like to introduce as evidence.

Alright. Thank you. I'm now showing you guys what previously marked as city's exhibit one for identification purposes. When was this taken, and what does it depict?

This was taken 07/29/2025. This depicts the property denuded, no soap fence, no kind of erosion or sediment control in place.

Alright. City's exhibit two for identification purposes?

This is you can see also the sediment running down into the gutter heading towards the North Catch Basin. You'll the next picture of the pic.

Okay. So on July 28, you received the complaint from mister Cuesta. Correct? Yes, ma'am. And at the time, had it had this sentiment in his opinion been wet and streaming down? Yes. So when you say running down, is this kinda like the remnants

Yeah. Just the dry leftovers, you know, as you can tell. Yes.

Thank you. City's exhibit three for identification purposes?

I believe this is the video that I took.

It's not

is it a certain way?

The the one one

yeah. That's the video. Oh, no. That's the video. I'm sorry. This one? The the last one. The last one of the video.

Can we go back, please? Thank you. City's exhibit three. This is just the photograph of the area?

Yeah. It's photograph of the streaming. I'm taking photographs of the sediment, and there goes the sediment right there in the catch basin.

So this is city's exhibit four taken on July 29. So that is the city's catch basin. So you can see the dirt

Yes.

And then leaves. And is this similar is this similar to what mister Morris has described in the initial complaint? Yes, ma'am. City's exhibit five for identification purposes? This is a a photograph of the city's catch basin? Yes. And there you can see the remnants inside, actually, if you look through. Yes. Correct? Yes, ma'am. Alright. City's exhibit six, is this the video that you referred to?

Yeah. Video's coming back. I'm walking back now towards the property from Catch Basin.

So the purpose of you doing this is just so you can specific track where the sediment was coming from to the construction site? Yes, ma'am. Okay. Some of it, you can still see this kind of muddy water?

Yes.

Alright. At this time, you the city would can like to introduce the six foot photographs and and video into evidence.

Sir, can you tell me your name, please?

Joe Moser. Mister Moser, can

you tell me your position with the respondent?

I'm the builder of this home. It's a new construction. Mister Kratky is not not even in town, so this is something for me to handle.

Does mister Kratky know that you're here on his behalf?

I I let him know about this yesterday. I wasn't sure that I'd be able to make it, but he's aware of the the letter that's posted on his front door.

And he confirmed that you have authority to be here?

Yes. Okay. Thank you.

Mister Moser, do have you any objections to the photographs and video the city would like to put in evidence?

No.

Not objection. I'll put those in evidence of the state's composite exhibit. So do you have anything further?

Did you do the

Yeah. Yes. The policy. Everything's done all way.

Not at this time.

Mister Moser?

As you can see, we were in the middle of a landscape install. It's a new home, new construction. We removed all of the erosion control rock prior to landscape install. I wasn't aware they wanted to still fence up in those in you know, it's a it's matter a of days where we install about a two week process. Missus Thompson was kind enough to meet me there this morning. I've already put a sill fence up, and we'll be done next week with the landscape install. It doesn't look like anything even from the photos and video, there was hardly anything in that gutter, and it's been dry. We take a lot of effort. And, actually, there's a catch basin on our property or on the corner that we have. It's all filter fabric off.

If I was aware of that one to the north, I could have easily fabric that off as well. Really not a big deal. Honestly, my number and name is is on both signs on the job site. If somebody had called or texted me, would have done it, you know, on the twenty eighth or twenty ninth or whenever this engineer came by. And, actually, the city engineer that I work with, occasionally, he calls or texts me. Jeff is his name. And we'll mention to me, hey, Joe. Can you add some rock to you know, along Basin Drive or Sea Breeze or or do this or that, we comply and take care of it. This was a little surprising to me to have this on the front door. You know? I didn't even notice it until, I think, yesterday or the day before. The front door is not in use. It's a new home, so it's there's not even a handle set on it. But, anyways, I that's all I could say.

What's the city seeking here?

A onetime fine in the amount of 5,000 to be paid within thirty days or a lien will be placed on the property.

Mister Mouser?

Yeah. I I don't think there should be any fine at all, but, you know, I'm at your guys' mercy here. So and and the reason I say that is I'm easily accessible. Like, a phone call or a text, and I would have had either that catch basin fabric off or still fence up or both. And, honestly, there's a whole bunch

of roadway. I suspect what the city would say, and I I guess I've been doing this all day today, but, I mean, their their argument probably would be that it's not their job to, you know, to make sure that you're doing you know, they're they're not your property maintenance person. You know? You're supposed to know to do this, and know, I I believe everything you told me. I I I don't think that this was an intentional, you know, attempt to, you know, to bypass the city regulations.

But it's also true that I mean, there's pretty good evidence that silt and and other substances were getting in the storm drains. You know, as I've been saying all day today, they it's pretty strict about such things for and and I have to say for probably good reasons. I've I've probably learned a lot more about garbage juice and silt than I ever wanted to know in my life in this job. There are serious consequences to those things. As a builder, suspect that you know those, and that's one of the reasons that you put up silt fences. As in the case of of the previous one, I'll cut you a little bit of a break here. I mean, as a builder, you should know better and and definitely have silk fences up, especially where stuff goes in the storm drain. What was the city seeking here? 5?

Yes.

I'll reduce it to 3,500 payable within thirty days where the city will have the right to to foreclose or to lien. Sorry. Good luck. I hope I don't see you again. You do seem like a good builder, so I I hope it doesn't come up again.

Thanks.

Case number 5, code 25000123. Owner's name is Edward and Jane Graham. Property address is 1180 Nassau Street, and it's presented by code officer Latoya Thompson.

Good afternoon, special magistrate. My name is code officer Latoya Thompson with the city of Delray Beach code enforcement division. I'm here regarding an erosion control standard violation located at 1180 Nassau Street, Delray Beach, Florida. This violation is irreparable, irreversible. On Wednesday, 07/23/2025, I, code enforcement officer Latoya Thompson, received a citizen complaint regarding a construction site located at 1180 Nassau Street, Delray Beach.

The complainant alleged that contractors were cutting tile without a wet saw causing dust to pollute the air. The complainant provided foe photos to support their complaints. I've contacted both, property owner and the contractor via email regarding this issue. This activity violates the city of Delray Beach land development regulation section four point six point seventeen subsection c subsection two erosion control standards, which states the developer slash owner shall be required to comply with the state ambient air quality standard in accordance with the Florida administrative code chapter 17 dash two on confined emissions, which specify standards for quality air. A magistrate violation was posted at the property 08/01/2020 A magistrate violation was male first class and certified male and posted at the city on August '25, 08/01/2025.

There is a total of four photos taken by the complainant that I would like to introduce as evidence.

Good afternoon. Thank thank you, miss Thompson. Good afternoon, sir. Could you please state your full name and where you reside for the record?

Let my full name is, excuse me, George Saddell, and I live at 1127 Nassau Street in Delray Beach, and it's directly across the street to the complex. There's actually four units.

You move

the mic?

You can Yeah. So we can't move. You know what? If you wanna just I hate to have you move so we can speak in at so you're not uncomfortable. If you just wanna speak into the mic over here. Thank you.

Do you want me to start over again? Please do, sir. Okay. George Saddell. I live at 1127 Nassau Street. It is directly across the street from the complex that we're that's in question. There's four units in there. The two front ones, eleven eighty and eleven ninety, are the ones in question.

Okay. And so you you live directly across the street? Alright. So did you report an incident that was occurring at that home regarding the

air? I did.

And what describe to us what was happening.

Well, basically, there was there were actually two gentlemen that I saw at the time, and both of them had what I referred to as non wet saws. The units can be actually you can actually attach a hose to them, but yet there was no hose and there was no water. And quite frankly, it is something that is can be actually eliminated by just even pouring water on, but they weren't doing it. They were literally just letting they were just cutting these. And they actually it wasn't really tile.

I think after looking at it, it looked like it was marble or stone of some sort. And so this went on for the entire project, and and it's to me, it is a health hazard. It was blowing across the street. You could taste it in the air, and I don't know what else to say.

So so you contacted the code enforcement office on on or about July 27? Twenty third. Yes. Okay. I'm now showing you has been previously marked as city's exhibit one for identification purposes. Do you recognize this?

I'm sorry?

Do you I'm now showing exhibit one in the photograph. Do you recognize the photo?

I sent in. Yes.

Okay. And could you describe in the photograph I know you talked a little bit about what was happening, but in this photograph specifically, what does it depict?

There was

what? I'm sorry.

What does it depict? What does it show?

Oh, it shows the them operating the, the saw, and, as a result, this is, the outcome.

Is that the cloud that you described that was polluting

the air? Saw and there's I think the other picture even shows more.

Okay.

It's Let's aerosol. There we go. And it just came and, of course, we live by the ocean. So it was blowing across the street, and it was on our property, neighbors' properties. The cars were some of the neighbors actually had black cars. They looked gray.

Okay. And that city's exhibit two. You can see the large cloud on this one. Correct? Alright. City's exhibit three for identification purposes. Is this another photograph of what was happening that day?

Yes. It was.

And it's kind of a wider screen and you can see how it's even kind of blowing.

That's exactly right. In fact, you can see the the items that they were cutting in the truck.

Alright. City's exhibit four for identification identification purposes?

Yes. That's the same one. Yes.

Alright. So it's just a kind of a different angle of the items blowing in. It's kind of going up, out.

You could just say it was blowing up and then and, of course, living where we live, you you have a nice breeze that comes off the ocean. So it pretty much goes all over the the neighborhood.

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

Is anyone here on behalf of the respondent?

Oh, no. No. That's his life.

Alright. Without objection, I'll accept in evidence though. Four photos as the city's composite exhibit.

Thank you so much, sir.

I appreciate

your I have something else I'd like to add. May I?

It's really kinda up to the

city attorney. It's about the specific case because we can only talk about that. Okay. Okay. Thank you.

What's the city seeking here?

A one time fine in the amount of 5,000 to be paid within thirty days or a lien will be placed on the property.

Alright. In case 25000123, I'll make the following findings of fact on life. I notice it's sufficient enough on the property in violation of four point six point one seven c two, specifically the discharge erosion materials and that cloud of gray particulate matter that's depicted in the the photographs. I issue a one time fine, the amount of $5,000 payable within thirty days where the city has the right to lien. Is that it? Mhmm. Alright. Seeing no further business before us, we are adjourned. Thank

you.