Code Enforcement Board - Regular Meeting

Alright. I hereby call this meeting to order. This is the special magistrate for the city of Delray Beach. Cases will be called in the order in which they appear on the agenda. When you hear your case called, go ahead and proceed to the podium on my left hand side right over there. The city will present the case and its testimony and evidence. You'll have an opportunity to review any evidence the city has submitted and ask questions of any of the city's witnesses, after which time you can present your own testimony and evidence, and I will make a ruling. The, this hearing is a quasi usual hearing. It is not the formal rules of evidence do not apply here. However, all testimony is taken under oath under penalty of perjury. So if you're going to testify today or you think you might testify or there's a possibility that you might testify, I'd ask that you rise and raise your right hand so that you can be sworn in.

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

Yes, sir. You may be seated.

Do we have any changes to the agenda?

We do not.

Okay. So they

can call their first case.

Case number 1231614. The owner's name is Thalia Smith Ellis. Property address is 45 Southwest 12th Avenue and code officer Connor Lee.

Anytime you're ready.

Good afternoon. My name is clean and safe officer Connor Lee, and I'm here regarding a maintenance of building for an unsecured structure violation located at 45 Southwest 12th Avenue. On 09/10/2025, I, Clean and Safe Officer Connor Lee, was notified by Delray Beach PD that the property 45 Southwest 12th Avenue is in an unsafe and unsecured condition with an individual occupying the space. I arrived at the property meeting with the on-site police officers and the property owner where I gained access to the property. Upon my inspection, the property was determined to be a duplex where one of the units, 43, was observed to be unsecured and illegally occupied at the time of my inspection.

There was an interior fire within the damaged unit in 2023, leaving most of the ceilings charred black, the interior walls damaged, and the interior door and window frames damaged as well. There was no, no visible evidence of any interior repairs to the unit at the time. Additionally, there were no utility service connected to the unit during the inspection, so the individual occupying the space was running water through a garden hose to the toilet and using men's multiple extension cords powered by an external power source. There was also visible damage to the exposed electrical panel for the unit. The property is in violation of Delray Beach code section seven point eight point three, which states all buildings or structures, both existing and new, and all parts thereof, including all materials, fixtures, or appliances installed therein, shall be maintained in a safe, secure, and sanitary condition.

A notice of formal hearing was issued on 09/11/2025. The violation was mailed first class and certified on 09/12/2025. We did not receive a confirmation of receipt, and the violation was posted to the property and city hall on 09/15/2025. As of the last year inspection on 09/16/2025, the violation does still exist. I have 12 photographs and two videos taken of the property in question, and I'd like

to introduce these photographs as evidence.

Thank you. Good afternoon, mister Lee. You said that you initially went to the property on September 10, 2025. Correct? Yes. And that was due to a complaint of an authorized individual being in the property?

Yes. But it was more for the property just being unsecured as far

as Correct. Right? But you responded with and the police were there and a representative from the property was there as well. Correct? Yes. And they provided you with access to go in and and take some of these photos that you're going to see shortly.

Yes.

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

This is this was taken September 10 at the initial of or at the beginning of the inspection. It's actually a video. It's just a general video of the ceilings within the property throughout it, just showing the unsafe manner of the structure.

Okay. City's exhibit two for identification purposes.

This is still image of one of the ceilings within the rooms of the property.

Alright. City's exhibit three?

This was also all of the evidence was taken on September 10. This is another ceiling. As you can see, the wood is a little charred just from the fire back in 2023.

Okay. And that was again on September 10? Yes. Alright. Same date, exhibit four?

Yes. This is another ceiling and another angle just showing the damage throughout the property.

Alright. City's exhibit five.

This is showing the doorways mentioned within the script just to give a visual to what was shown and also taken on September 10.

Okay. What about exhibit six?

This is to show where the property needs to become secured at. As you can see, the window is open and unboarded up and you can see the wind or the garden hose coming from the window into the toilet.

So the garden hose is okay. There yeah. Cities exhibit seven?

Just another angle to show that the garbage the garden hose was connected to it was a external pump within the toilet.

Alright. And that's on September 10 as well?

Yes.

Alright. What about city's exhibit eight?

This is, well, just a video to get a closer up closer image of the hose. And as you can see, the hose does go into the tank of the toilet to bring water and help when it flushes because there were no connected utilities.

Oh, so there's no utilities. So it's hard work.

To my knowledge.

City's exhibit nine.

Just wanted to show the damaged electrical panel that was mentioned in the script and also taken on September 10.

Okay. What about city's exhibit 10?

These are the extension cords that were being used to power whatever devices were within the property, and it was coming from an external power source.

City's exhibit 11.

This is an outside. I did this during the I took these photos during the reinspection on September 16 and just wanted to give a visual that the house has there has been steps taken to secure the property. They just need to take a few more to make it fully secured.

Okay.

And, yeah, September 16. Okay.

City's exhibit 12?

Just another angle showing the front and to show that the windows have been secured and that there is also a door in the entrance to show that it can be locked.

Okay. So this was this came under maintenance of buildings. Correct? It's violation. So what's still outstanding?

If you go to the next one.

Oh, 13?

Yes. You'll see it's really just the unsecured window right there where the hose was coming through. You can see it on the ground right there. And then, any other, like, things that are deemed un unsafe.

So this was taken on September 6, which was the compliance date. Correct?

Yes. Okay.

What about city's exhibit 14?

It's just another angle showing where some parts of the property are still unsecured and just need to be remedied to come in compliance.

Alright. At this time, the city would like to introduce the 14 exhibits into evidence.

Sir, can you tell me your name, please?

I'm Terrence Ellis. Theo Smith is my mother, and she's out of town right now. She left on the fourteenth and went back to the twenty first.

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

No, sir. Not at all.

Alright. Without objection, I'll accept an evidence.

Can we ask him if he's if he has authority to No. Present? No. Your mother doesn't know that

you're No. Doesn't. She she's not even answering the phone. I don't have authority, ma'am.

Do you reside in the property?

Yes. On the other side. But they did say when we pulled the permits, which we've going through

for two years now. Could be a fact witness. Yes.

Fact witness.

Going through, like, two years. Thank you.

Okay. Thank you. Do you have knowledge of the property?

No. Not extensively like that. I lived there, yes, but not, like, with all this. All I know is she pulled the permits two years ago. We've been waiting ever since.

Does the city have anything else they wanna present?

No. The city doesn't have anyone.

What's the city seeking?

The city suggests seven days to secure the property or a daily fine of $200 to be imposed.

Mister Ellis, do you know who secured the or at least tried to secure the property?

No. But I will have someone do it or I will myself.

I I can't have you represent your mom if she didn't authorize you to do so, but I will tell you that I'm inclined to follow the city's recommendation here, which is to give seven days for the property to be secured or or a fine. It's it's dangerous to have a property that's in that condition. As you well know, I probably you probably don't want people coming in there and and trying to live in there either.

I'm gonna wait two years to have all this resolved, and we serve so, yes, we are in compliance.

Is anything else you wanna tell me? No, sir. Is there anything else the city needs to present

here? No.

Alright. In case 23001614, make the following findings of fact and life. I notice it's sufficient. I found the property in violation of seven point eight point three. The condition unsafe condition of the property. I ordered the respondent to bring it into compliance by securing the property within seven days or a fine of up to $200 per day may issue.

You said you found proper notice too? I just wanna make sure.

I did.

I see. Thank you.

Did I not say it? I thought

I said it.

It's quick. Jenna, did I

say it?

I think so.

Alright. For the record, I find the notice is proper. Thank you. Sometimes I speak faster than I am.

Case number 225000183. Owner's name is Reddick and Trudy Talbot. The property address is 515 Northwest 12th Street and code officer Susan Frishman.

Good afternoon. My name is code enforcement officer Susan Frishman. I'm here regarding the illicit discharge of swimming pool water into the city street and sewer system located at 515 Northwest 12th Street. On 08/29/2025, I investigated the property at 515 Northwest 12th Street after Enrique Fernandez, code enforcement administrator, was notified by the city of Delray Beach engineering department via email that the engineering department witnessed illicit discharge coming from the swimming pool going into the city street and sewer system. The engineering department took the photos.

On 08/29/2025, I did not observe illicit discharge at the property. I met with the resident and he said on 08/28/2025, his hired contractor emptied the pool water to repair pool tiles. A magistrate notice of violation was issued on 08/29/2025. The violation was mailed first class and certified on 08/29/2025. A certified confirmation of receipt was received on 09/04/2025.

Regular mail was not returned. The notice of hearing was posted at City Hall on 09/04/2025. I hand delivered the notice of hearing on 09/04/2025. I have three photographs taken at the property in question. I would like to introduce these photographs into evidence.

Okay. Thank you. So before we get there, we have another witness. Sir, could you make sure the microphone is on? Thank

you. Hello?

Yes. Could you please state your full name for the record?

Yes. My name is Dion Bass. I am a public works engineering inspector.

And how long have you been here with the city?

I've been with Derry Beach here eight years and eight months.

Okay. And as a part of your duties and responsibilities, do you, at time, indicate or report any list an illicit discharge that you may see throughout the city? Yes. And on or about August 27, December 28, did you notice anything at the property located at 515 Northwest 12th Street in Dollar Beach, Florida?

Yes.

Okay. And what, if anything, did you observe when you were in the area?

While driving through the neighborhood in the Lake Outlet area, was coming off of swimming and went into the neighborhood, and I noticed they blew about two inch plastic holes in the road at first. And I just looked to see where it was actually coming from. And once realizing where it was coming from, I got out of my vehicle and took a few pictures.

And did that look odd or atypical to you?

It looked at odd because the city doesn't allow any illicit discharges into our storm drain system. And so we always on the lookout for those type of violations, which are NPDS violations.

Okay. Thank you. I'm now showing you has been previously marked as city's exhibit one for identification purposes. Do you recognize this? Yes. Is this a fair and accurate depiction of the home located at 5515 Northwest 12th Street?

Yes.

Did you take this picture as you say you were driving in the area and you noticed the the item? Yes. Okay. Cities exhibit two for identification purposes. Is this an accurate representation of what you observed that day that you reported to code enforcement? Yes. And what does it depict?

It shows the blue holes that's about two inches in diameter, maybe about a 100 or so feet coming from out of the backyard.

And as you can see, we see this photograph, but you got out of your car and you were able to fully see what was happening through the gate?

Yes.

And could you see it coming from what what did it appear that it was coming from?

From the back of the home or a circle, so the pool.

So it looked like a pool to you? Alright. A city's exhibit three for identification purposes. What does this depict?

This shows the continuation of the blue hose.

So the blue hose that you're referring to, is this this on the I I know we we have some greenery here. Not any of these cones or anything. Right? No. This item coming from the side kinda like going on the side here? Yes. Describe that looks blue in nature Yes. Like a hose.

Yes.

And where is this going to in the photograph?

It is in the middle of the street and point out into the storm's drain on the south side of the street.

And in this photo as well, is there a pool of water? How did you know that it was, streaming into the storm?

Because it was actively coming out of the holes, and I observed it going into the storm drain.

So that's what you've personally saw with your eyes. Correct? At this time, the city would like to introduce the three photographs into evidence.

Sir, can you tell me your name, please? Reddick Talbot. And you're the owner of the property, sir?

Yes. Do

you have any objections to these three photographs being put in evidence?

No. Thank you.

Not objection except those photos in evidence. I'm gonna let them finish and then you can tell me.

So last question. Is this type of discharge prohibited in the city?

Yes. It is.

Okay. And after that, you reported it either to your supervisor or the code enforcement department?

Yes.

Okay. Thank you.

You're welcome.

I don't have any further questions. I don't know if the witness has any questions. I'm sorry. The respondent has any questions.

Sir, do you have any questions for either of the city's witnesses?

I'm just curious. At the time that they took the pictures, it does not appear to me that the hose is going into the storm drain. Did you ever see the hose going into the storm drain itself?

Well, when we say into the storm drain, because of where the hose is placed and the direction of the water flow, which leads to the storm drain.

Okay. So

So, like, in this picture here, there's a big puddle of water with the at the end of the hose. Correct?

Yes.

And that's near the storm drain?

Yes.

Okay.

Thank you. Of that water was going to the summer into the storm drain, and some of that water was staying out on the road?

The puddle because of how the roads are made in dairy with a crown. All the roads are designed to go to the swell area and pitch to the drain. So even though that was a pond of water, all that water eventually end up in the saline drain.

Okay. Thank you.

Anything further from the city?

No further questions at this time.

Mister Chapman?

I was having pool rehabilitation done, hired contractors to do the work. According to their explanation to me, this was the way that they felt was appropriate to discharge discharge the water.

What is the city asking for here?

The city suggests a one time fine of $5,000 to be paid within thirty days.

Mister Townsend?

Seems a little excessive in that I hired a contractor. I mean, I I suppose I I probably with a little bit more information probably would have dragged that contractor along with me. I suppose any fine that I get I'm going to have to go back to the contractor and try to extract some remuneration from him. I have discharged water into my driveway, which has run out into the street in the past. So I don't disagree that this is a little excessive, but it was not to the information that was given to me by the contractor, this was an appropriate way for them to have dealt with it.

Well, I'm not a contractor, and I don't do repairs on pools. But I've been sitting in this seat long enough to know that the city of Delray Beach takes discharges into their storm water system very seriously for any number of reasons, including the most basic of which is, of course, the quality of the the water in the city. But even if they weren't so concerned about that, the city is also responsible to the state for making sure that their storm water system is maintained properly. And so they can get in trouble if they don't enforce these rules as well. Fundamentally, it's not really I mean, as a magistrate, I really only have a specific job, is I read the code section and I hear the facts and I determine whether the facts constitute a violation of the codes.

And there's really no dispute factually here. It's just I mean, it's pretty clear that a violation occurred. Normally, in a code enforcement matter, I would give the respondent a certain amount of time to correct. In other words, they did something. Here's two weeks to fix it or a fine happens, which you may have noticed is sort of how I formulated the first version of this. Though the city didn't expressly say what they're asking here is for me to make a determination that this belt can't be unwrung, that, you know, the chemicals or whatever was in your pool and that water went into the storm drain and that that's that's there and you can't fix it. So they're asking me to find you.

Point of information, I can there have been no chemicals in the pool for a period of time. So if if if that has any, you know, bearing in the matter, I mean, this was a pool that's getting prepared to be repaired, so there's no reason to have any kind of chemicals in it. It had been we had not put chemicals in it for a week or two. So it was limited chemical discharge, I would say.

Let me ask the city. How did you arrive at that fine amount? What's the basis for that?

I think just based on the severity of it, I mean, it was an entire pool and discharge into the storm water system. And, you know, so it wasn't just like, you know, sometimes it's a little bit of water or a bucket, but a pool with with with chemicals. And that he admittedly saying, well, the respondent is saying it wasn't as much chemicals as it would have normally been, but it did have chemicals in it. So that is a significant amount of water. So that's why we we presented that fine.

Mister Talbot, I I can't let you off the hook here because the city's case is sound. I I will give you a little bit of a break because I I I sense that you did not know that you were doing this wrong. It's it's not a defense per se, but it does weigh on me a little bit about what the appropriate fine is. I'm gonna reduce the city's fine to $3,500. But but, yeah, you you you can't do this. It's you can't discharge pool water into the the code. So in case sorry. Should have the case number with me. 25000183. I'm gonna find findings.

Fact and life. I notice it's sufficient. I find a violation of 53 o one two a occurred, which is a discharge into the sewer system from the pool. I'm gonna issue the nature of that discharge is irreparable in nature. I'm gonna issue a one time fine in the amount of $3,500. I can give you time. Ma'am, I I can't take I can't take I can't take comments from the the crowd. And at this point, I've already ruled, so there's no there's no testimony more to take. I can't give you additional time, sir.

Additional time to do what? I can't remedy this. It's not as if I'm capable of going back and

taking loan back. To pay the fine before the city is authorized to pursue other measures.

What would the other measures be?

Well, potentially they could put a lien on the property.

This

and to make an appeal to this, I need to have a recording of this. And is this I thought about making a recording with my phone and I didn't. So is there is there any record being made of this proceeding?

Yes.

Okay. So I can I can get access to transcript or recordings of this if I choose to make an appeal? Yes. Okay. And what's the appeal process?

Sir, I'd suggest you consult a lawyer. I can't give you legal advice. Like I said, I can give you time.

Your ruling is final. You see no other way than to charge me $3,500 for an error that unfortunately I was did not was not aware of in terms of what this pool contractor told me.

Sir, at the end of the day, the way that code matters work is the owner of the property ultimately responsible for what happens on it. Like I said, I can give you time, you just have to ask me.

I would like to request time.

How much time do you need?

Six months.

Miss

Warren? Six months? We would object to six months. We're open to whatever you think is fair, but six six months appears I'll

give you three. Ninety days.

Appreciate you.

Lord.

Case number 325000214. Owner's name is Lidore Sisinger. Property address is 347 Northwest 6th Avenue, and the code officer is Mark Woods.

Good afternoon, sir. I'm code officer Mark Woods with the city of Delray Beach, and I'm presenting case number 25Dash0214. The address of occurrence was 347 Northwest 6th Avenue in Delray Beach, and I became involved in the case on 09/16/2025. A community residence in at that address failed the assessment by the Florida Association Recovery Residents, and the certification was revoked by their board on 09/1125. This certification is required for approval for permit to operate a community residence in the city of Delray Beach through our development services department.

The development services department notified the code enforcement department, and a violation was issued on 09/16/2025. The violation was mailed first class on September 16. The compliance date was required by the September 17. No confirmation receipt had been received yet, and regular mail was not returned yet. The violation was also posted at the property on 09/16/2025.

The compliance was ordered for the next day due to the welfare and concern for the occupants of the residents in this certification maintenance process. The compliance was not achieved in the twenty four hours given. So the city is gonna suggest that the owner of the property be ordered to cease operations on the property of this recovery residence by the Safe House organization. And as as of tomorrow at this time or face a fine of $500 a day.

So for clarification, the Yes. The compliance was for twenty four hours from yesterday. We'll present our our recommendation once we go through the hearing, if you don't mind, Mark.

Okay. Just

wanna present some other testimony. Okay. Thank you.

Do you

Are are you finished with the rest of your script?

Yes.

Thank you. At this time, the city I don't know if the responder or representative who is here has any questions for mister Woods before I proceed to the

next witness. Name, please.

Hi. Yeah. I'm done. The landlord, Liddell.

Schlesinger?

Yes. You said it correctly. Good.

Mister Schlesinger, are you the owner of the property?

Yes. I am.

Do you have any questions for the officer?

I wanted to see how much more time may can we get, okay, in in the twelve hours.

That's a that's an a debate for a little bit later. I'm just asking if you have any factual questions about what you said. Yes. Alright. Go ahead.

Alright. Thank you. At time, this miss, we would like to call miss Amy Alvarez. Could you please tell us what your position is here with the city? Assistant development services director. And as a part of your duties and responsibilities, do you kind of oversee homes or have someone that's, you know, oversees homes that potentially need FAR certification?

Yes. Our department processes those requests.

Okay. And are you familiar with the home located at 347 Northwest 6th Avenue? Yes. And was the city advised that this home had lost their FAR certification? Yes. And and could you just briefly tell us what FAR certification is?

Well, it's well, FAR stands for the Florida Association of Recovery Residences, so it provides certification that they're allowed to legally operate. They go through a review process to make sure everything is, I guess, good for the residents.

And I'm now showing you it has been marked as it is exhibit one for identification purposes. Do you recognize this? Mhmm. And what do you recognize it to be?

It's a letter from FAR dated September providing a formal notice to the Safe House sober living operators that their FAR certification has been revoked effective immediately.

And is it within the normal course of business? Okay. Is it within the normal course of business for the the city to receive these types of letters or BCC on these types of letters so that FAR can notify the city if a property is no longer certified? When there is a certification issue, yes. Okay. So in this particular case, this letter was then added to the file for this property. Correct? Correct. And in this particular case, there were some concerns regarding this property and far indicated why the revocation was there. Correct?

Correct. And some of the concerns were background screening issues and other issues with the property.

Correct? Yes. Okay.

And based on that, there are also some life and health safety concerns. Correct? Mhmm. Yes. And what was that based on the letter?

The letter from far indicates the male property remains okay. Sorry. The male property remains in a state of disrepair as documented during a field assessment by FAR staff on 09/11/2025 and previously noted during your suspension period.

Okay. So there were some concerns with the operation of that property. Correct? Correct. I show you this before I give to the

just

magistrate. Okay. This time, the city would like to introduce these visit one and Evans.

Mister Slausinger, do you have any objection to this?

I didn't read it before. Do you wanna look at it? Yep.

Thank you.

K. I'm pass this to

the clerk, please. Thank you. At this time, the city would like to introduce city's exhibit one into evidence. Thank you.

Mister Slausinger, do you have any objection to this document? Nope. Not objection, so admit it. I'm marking it as city's exhibit one.

And this is and prior to an actual revocation, FAR does notify and let the city notify if properties are suspended or having other issues. Correct? Correct. Yeah. We used the microphone. Correct. And had we received any information regarding this property before?

Yes. On August 7, FAR copied the city on an email to the sober I'm sorry. To the Safe House Sober Living email indicating that they were suspended. Okay. And the suspension is referenced in the revocation letter.

And and based on this this the loss of the certification, is that a violation of the city's code of ordinance 2.411 e 10 a that states that the properties who operate in this manner must have that certification?

They must have that certification. Okay.

Thank you.

Just so I understand. So under the city code, a recovery residence is required to have a FAR certification to operate as a recovery residence?

Yes. So they have to not only have that along with the certification, they have to obtain obtain the necessary zoning and licenses, business licenses as well in the city.

The the city has additional requirements. We have separation requirements actually.

So It's necessary but not sufficient. They need it but they need more things too.

No. Okay. Well, yeah. Yes. That's one of the things that they need.

One of the things that need.

One of the requirements. Correct.

It's the primary thing that they need. Alright.

We don't have any further testimony. Thank you, miss Alvarez.

Mister Slausinger, it's your turn.

I was not aware of the license expired. And I wanted to see what is in a twelve

Sir, hours just make sure that we're talking about the same things, don't think it expired. I think it was revoked. Revoked. Sorry. Which is which is a meaningful difference, I think. Correct?

Yes. Revoked. I wanted to know you said that that I have twelve hours to evict them?

No. Okay. What I said was that you have twelve hours to cease operations of that business on your property.

Meaning that how much time I have till they will get out from the property?

There's several ways to achieve compliance here, and and and we're discuss this a little bit further.

Okay. Why don't we since apparently that's that's where mister Slessinger wants to go, why don't we discuss what the city is asking here and then maybe we can we can get some understanding about what it is that mister Schlesinger is

The essence of it is business leases your property. It's lost its ability to operate in the city of Delray Beach. So you need to take care of that problem on your property by ceasing operations by that business. It doesn't mean that another business that's certified to operate Okay. And qualified and approved can operate that business on your property.

Okay. Understand.

But but for the Okay.

I understand. I'm sorry. What what is the city's for? What are what are you asking me to do?

So we're asking to cease operations or, like, stop what what they're doing acting in that manner or come into compliance with the code. At this point

And how much time?

Hold on. I mean, I'm

I mean, presumably they could be in the code one of two ways. Right? They could cease operation or they could obtain certifications and documents. Right? One or the other would be compliance. Right?

Correct.

So how much time is the city asking for?

One moment.

We're talking about as soon as possible and that's where that's the difficulty we're having. It's because the welfare of these people are dependent upon getting the care from somebody who's certified to to deliver it in the state of Florida.

Yeah. I mean, I I I understand sort of the the dilemma here. Right? Because the city wants you wants them to operate lawfully. Right? So that it's safe. On the other hand, if I give them, say, twelve hours, I mean, where are these residents going to go? Can I can you move them out if

people So what we have what we have done and this is a side note and because typically, you know, we don't really discuss or provide those type of specific recommendations during a hearing? We always ask them to talk to staff, but we have reached out to FAR and city staff. We also have trained city staff members who who do have resources that can help the individuals. So, you know, really, I guess if you want some numbers here, right, cease operation which would mean assisting these people find somewhere else to go because they can't that they it's un it's unpermitted for them to be in their property to, you know I mean, we can probably give them another twenty four hours since this was yesterday, you know. So that's Well, I I

have to put I have to put a compliance date

on Right. Exactly. So I would say cease operations where they, again, want to continue with that, then if we wanna say cease operations and give them a chance to try to come into compliance in another manner, ninety days But

let me

just let me just ask while while you guys figure that out. Mister Sussinger, what are you trying to do here?

I would say, usually, eviction process take thirty to sixty days to evict someone that didn't pay in any way. So if we have two options to fix the the certification, so I will ask for more time. That is more much more than twenty four hours.

Well, the concern is for ninety days, you know, we have these individuals living in these conditions, which have been outlined by staff and FAR. I mean

Yeah.

Mean, there's two different issues. Right? One is a resident issue. Right, which is you have residents and and that can take time, but you also have facility that has to be overseen under very specific circumstances. And so if I if I gave you a lot of time, let's say I gave you thirty days hypothetically. Right? Then I would be essentially allowing this facility to operate unlicensed for an extended period of time. I I'll be honest, mister Slessinger, I'm not prepared to do that.

But it's the maximum that you are willing to. So what specifically is the city asking me to do?

So I was I would say twenty four hours to cease operations and we we do have staff at FAR that

are prepared to accept. Cease operations mean move the people off the premise?

Because they're not allowed to be residing there in that manner based on this type of residence.

What is the concern? That's what I have. What is unsafe? Why how

can Sorry.

I I can't like I said in the previous case, I I can't can't take tests. If if mister Schlesinger or the city wants to hold on a sec. If mister Schlesinger or the city wants to call additional witnesses, I can hear them. But I can't just take people yelling from seats. Okay.

So Nick is the yeah. He's the manager of the Soberly

Do you want him to testify for you? Yes. He can.

For me. Well, he will give his version so you

can hear

all the different

It's your case. So if you think he'll help your case, you can

call him.

Yes. And then

we we can we can hear all the info.

Alright. Have you sworn

in, sir?

I'll do it again.

But you don't have to do it again if you want. Once is more than enough.

My name's Nick Connor. I own Safe House Sober Living, and I opened it five years ago. I had 347 Northwest 6th Ave. I had 129 Central Ave in Delray Beach and

32 properties in the letter.

324 Sterling. What I'm asking is to call any complaints, any overdoses, any unsafe measure, and the there's guys in

for clarity because I I just wanna save us some time. I'm not a judge.

Yeah. No.

I'm not I'm not I'm not holding you in criminal trial for anything. I'm a special city special magistrate. I have a very limited role. As I explained in the previous case, I listen to the facts and I look at the evidence and I compare it to what the city code requires. And this particular case, what the city is telling me without it's not a judgment on you personally or your business or any of that. What the city is telling me is that this business being operated in the city without the FAR certification is in violation of the code. And as I understand it, I believe that is accurate. So whether or not it's a good business or a bad business, whether or not you're doing good, I don't know. I just know that it can't operate without the certification.

So can I so the reason they took certification is because I can't pass a level two background check, which they knew five years ago when they gave me the certification? So when it came up for renewal, somebody put my level two background check through, and I got arrested when I was 18. So it

All that's already been adjudicated?

Yeah. And now all what I'm asking is for not even me. I I wanna hand the business over to her, and the guys in the house, they don't have nowhere to go. Okay.

And nobody's asking them to

I'll step away from it.

Why? Is there somebody is there somebody that's certified?

You can't certified that fast. It's in the process. It's The in the new LLC in her name because I can't pass a level two background check. But I did it for five years.

How long would it take you to get somebody certified?

Well, you have to do

that CRR. I can get a CRA. I can get one today. I can get somebody that will be a CRA.

How come you have it?

Because I wanna go a different route. I don't wanna go far. That's not the only body that you can have a community living. Because unfortunately, the FAR certification states that you can only take people with substance abuse. It's not just substance abuse people that come to my house. It's not. And it's coming from the treatment centers. So if I get a guy that says, I'm on opiates, but he's really got a severe mental health problem, I can't help him under that FARS certification the proper way because he really has a mental health problem.

Alright. So my inclination is to do forty eight hours here to give him a chance to come into compliance or cease operation. Does that work for the city or is That's there a reason why they

fine. That's fine or a fine of how much?

What was the city asking? Didn't realize.

We were asking 4,

I believe.

We were asking for $500 a day on this property.

Alright, mister Kennam. I'm gonna give you forty eight hours to figure out how to bring this into compliance with the city. I hope you're able to manage that, but if you're not, then you have to stop until you can figure out how to do it in a way that complies with the city code. Do you understand? Yes. Alright. And just for the record, in case 25000214, I'm gonna I'll make the following findings of fact in life. Notice it's sufficient. I find the property in if you're gonna have a conversation, please take it outside. I would find the property in violation of two point four point one one E 10 A, which is operating facility without proper certifications.

I'll give the respondent forty eight hours to bring the property into compliance or cease operation or a fine of up to $500 per day may issue. Good luck. I hope your ability to

ask for more than

forty eight hours or no? That's that's

What would you

ask me for? A

week. Because it takes you have to get the EIN number. An EIN number could take up to three days. That's the only reason I'm asking. It's already in the process. I just have to call and say transfer.

Let's see what what does the city think.

Yeah. I asked for twenty four hours just based on the nature of this, but I will leave it up to your discretion.

I'll tell you what. I'll I'll I'll give you 72, but you'll have to move quickly because I I can't just I can't just let it continue if it's not certified. It's it's problem it's inherently problematic. But I'll give you seventy two hours.

Case number 425000215. Owner's name is Dorit and Harian Wittenstein. Property address is 14947 Watley Road, and the code officer is Mark Woods.

Before before we begin, can we see who's here on behalf of the respondent so we don't have an issue like we had the last case?

Ma'am, can you tell me your name, please? Dorit You have to speak the microphone. Louder into the microphone, please.

Dorit Wittenstein.

So you're one of the owners of the property, ma'am?

Me and my husband. I just wanna say something before we start. I'm not so familiar with what's going because my mom died, I keep spending a lot of time overseas with my 94 years old dad. So I need my daughter who taking care of it. You can bring her up.

Thank you, miss Thompson. Hi.

And your name, ma'am?

Michelle Woodenstein. And

that's your mom?

Correct.

Alright. I'm gonna let the city present the case and then I'll let you guys respond. Okay?

Thank you.

Afternoon. My name is Mark Woods, code of code enforcement officer with the city of Delray Beach, and I'm presenting case number 25Dash0215. A community residence was identified identified as Hollywood Sober Home, 14947 Wally Road, was found to be advertising for sober clients in recovery on social media. The community residence is not registered with the city of Delray Beach nor is it certified to provide recovery housing by the Florida Association of Recovery Residences. I don't have any photos to present as evidence.

Magistrate violation was issued on 09/16/2025. The magistrate violation was male first class and certified male on 09/1625. The property was posted on 09/16/2025, and the compliance date was required by 09/17/2025. Confirmation not received, regular mail was not returned, and the violation was posted on the property, as I said, on 09/1625. The community residence is not registered or certified to provide recovery housing, and compliance was not achieved.

Okay. I made contact with the owner yesterday. I contacted her on the phone and ensured that she would be here for the

How did you know it's it's operating as a recovery resident?

Saw it on Facebook advertising for sober clients on cash pay halfway house website on Facebook.

So we also have another witness. We have a copy of the advertisement from development services. They're the ones who initially

Jumped again a little there. Go ahead. Sorry.

Sorry. You can finish, mister Woods, and

then That's it. That's Okay. We'll get to the

So at this time, the city would like like to call miss Amy Alvarez. Yes. Please state your full what what position you hold with the city. Assistant development services director. And are you familiar with the property located at 5800 Northwest 63rd Way oh, I'm so sorry. 149947 Watley Road in Dara Beach, Florida? Yes. And is that for the testimony of mister Woods, is this a property related to the unauthorized

Community residence.

Community residence in the city of Derry Beach without bar certification? Yes. And did someone in your department investigate whether this home was attempting to operate as a community residence? Staff was notified that there were online posts regarding the the operation. Operation. So you community residence. Alright. So you received notice and the the notice the staff view the notifications? The information that was posted online. Yes. Yes. And now showing what's been previously marked as city's exhibit one for identification purposes. Do you recognize this? Yes. From our records.

And on or about when did staff receive this or or obtain this or view this? April. So is that on our our near 04/22/2025? Yes. And is this the public advertisement for a new men's sober home with five bedrooms opening as of May 1? Mhmm. Yes. Alright. And in that notification, it had specifications, the costs, and what how this property would operate? Yes. Mhmm. Okay. And in that as well, there was a mister Scott Westcott who has indicated that they were trying to get certified but they weren't SPAA certified. Correct? Yes.

Correct. Alright. Thank you. And now I need to show you the answers before I send the information. Okay. Thanks. At this time, the city would like to introduce city's exhibit one and two evidence.

Do either of you have an objection to this?

No. Alright.

Without objection, this will be exhibit one, so mark to section.

And then upon, you know, receiving this information and conducting the investigation and looking at the post, did staff look into the status of that property as a community residence in the city records.

Right. Our records indicate there's never

been an application submitted for a community residence at this address. And did you also contact FAR to confirm that this is also not a FAR certified residence? Yes.

We have no intention of applying for FAR.

Okay. It's not what we

Ma'am, I'll I'll let you present your side. Okay. But please let the city finish before you interrupt. Okay?

And based on your review of the records, the investigation of mister Woods, would this be the type of property that would have had to apply for application under city code 4.33I1 and obtain FAR certified FAR certification to operate in that manner? Based on the advertised information. Yes. Okay. Thank you. I don't have any mister Woods, did you also go to the property and talk to any

individual living in I'm familiar with the property. I I I didn't

speak to anybody there, but I'm familiar with the property and

I went by it recently.

Okay. So can five

bedroom home that would would support up to 10 people.

Okay. Thank you. That's it. Thank you. No further testimony on the witnesses. Okay.

Your turn.

Yes. I I see that there was an ad there by one of the occupants that manages the home. So I is the next step to do an application for the community residence

to continue? I

don't give you next steps. Like, mean, if it's in front of me, I have a very simple task. Operation of this home in violation of the city code? If it is yes, then I find a violation. If it is no, I find that there is no violation. Okay. The time to do the steps is long before it shows up in front of me.

Mhmm.

Sorry. We were we weren't aware that there wasn't the proper applications in place at the time. But we're happy to be in compliance and take whatever measures we

need to. When I spoke with a gentleman yesterday, I told him that we have no intention. We don't do just we don't deal with any side of alcohol or drug treatment. We just provide the shelter. We have some rules, but we make sure that they go to the meeting and stuff like that. Have three residents Scott. Westcott.

He he's the manager. He basically just oversees the house. There are only three residents, two of which are in their seventies. We drive them to dialysis every Monday, Wednesday, Friday. So and then the other resident is a veteran, navy veteran. So

May I ask some questions? Yeah. Please. Okay. So I just wanna get clarity on the type of arrangement. This one's easier to talk to. It's on this this microphone is a little easier. I just wanted some clarification on the type of arrangement. This is a single family home. Correct? Correct. And within there, you're providing you know, you you do have people living there that have substance abuse issues or The older gentleman's the two older gentleman's had a previous and, you

know, past years but they're They have to

be clean. You know. Okay. And they they need some type of rehabilitative help or or or You know? Go to meetings. So they go to substance abuse meetings. AA. Yeah. Yeah. AA meetings. And then you also say that you also provide transportation to take them to different appointments? Just just the gentleman who requires

dialysis and doesn't have enough funds to Uber himself over there.

Okay. And they're related? They're not family members? The three gentlemen? Yeah. No. Okay. Hold on one second. Okay. Thank you. And they they'd have to pay to be there. Correct? Just like any other tenant would. Yes. Alright.

And just just for the record, the the city's definition of family when it comes to a single family home that you you purchased, that you don't live in, that that you're renting out to tenants, it's up to three unrelated adults. After three unrelated adults, they have to come into the city to get a a permit from our planning and zoning department for whatever kind of group home you're gonna do. Okay. Rooming houses aren't legal to just put 10 people in a five bedroom house.

They're uh-huh.

So any anything you're doing with sick people or people in recovery or any of that is gonna require some kind of permission from our our our planning and zoning department and development services.

Thank you for the clarification. Thank you, mister Woods. I just I don't have any other questions.

What's the city asking for?

The city's asking that they cease operations as a sober as a a a recovery residence and a community residence providing any kind of care for people that are at risk from from the addiction problem and stop advertising and and do all that until the the point that you come in and register with the city and get everything approved because our our our development services department has to look at the outlet, the layout of your house, the number of parking spaces, and all this different data before they can tell you how many people can live in the house. Okay. So please don't open the business before you get your business license.

And we're asking that that be done within twenty four hours ceasing the operations.

You know, as as mentioned before, two of the gentlemen are are in their seventies and the other one requires dialysis care. I don't know if we're gonna be able to find them other arrangements in twenty four hours. However, we are willing and able to go into compliance, do the proper application measures needed. There's there there's no intention of having 10 individuals in the home. Although there are five bedrooms, it's it's not how it's currently operating. So

I'll give you 72 like I gave the the other one to either come into compliance or cease operations.

Who do who do I see now believe? Give you a contact

for the

development services department.

How long does the application take to be processed and

I'm gonna direct the the city to you know, we're we're basically done here so you can grab the city

officials and talk to them

about how to comply. But but, you know, as in the case of all things like this, you just can't operate this unless you have the proper licenses. You know? And and it's not just because the city wants to, you know, to to prevent you from doing business.

Because the

city wants to make

sure you're safe. Yeah.

We just feel bad for the old guys.

I I I do too. On the other hand, I don't wanna be the one where they ask, well, the magistrate let this go on and then something bad happened. Right?

Okay. Thank you. Yeah.

Alright. I'm gonna give seventy two hours of a fine of up to $500 per day. We're gonna I'm gonna note that notice is good and sufficient. Alright. For the record, I have the minutes from June 18 and August 20, and they're hereby deemed approved.

That's all I got to do today. Right? Yes. Alright. There being no further business before us, we're adjourned.