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 unless we make a change, which I think we're going to. Are there any changes to the agenda?

Yes. Case number code 25000181 has been postponed.

So we're just asking for a motion to postpone it. Mhmm.

Is that number two? Yes.

No. No. No. No. It's on the changes to agenda under 25 Dash zero zero zero one five eight.

58Number1.

Okay. Yes.

And this city is asking to postpone this to the next meeting?

It's 183. It's not on the agenda. It was removed prior to hearing, so it's postponed.

Okay. Alright. Hold

on one

second. My

apologies. It is case number two. My I also made the wrong agenda. It's case number 25Dash000181. 183. 183.

I'm sorry. 181. I apologize. Yeah.

You're 181, which isn't

currently on

end. It's 181.

Alright. Thank you.

So we're gonna order that reset for the next special magistrate here.

Yes, please. Okay.

So ordered. Mhmm. Alright. This is a quasi judicial hearing, which means formal rules of evidence do not apply here. However, all testimony is taken under oath under penalty of perjury. So anyone that's going to testify today or thinks they might testify, there's a possibility they might testify. Would you please rise, raise your right hand so you can be sworn in.

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

And I have the minutes from August 6 and September 17. They are hereby deemed approved and executed on this let's say the October. Mhmm. Look at that. 2025. Let's see. Alright. We're gonna go ahead and call the case if once you hear your case called, if you're the respondent of the case, go ahead and proceed to the podium on my left hand side. The city will present their testimony and evidence first. You'll have an opportunity to review any evidence the city submits or ask questions of any of the city's witnesses. After which time, you'll be given an opportunity to present your own testimony and evidence and I will make a decision. Please do remember this is a quasi judicial hearing, so the formal rules of evidence do not apply here. However, as we just did, all testimony is taken under oath under penalty of perjury.

Thank you.

I'll call the first one.

If we may call the old business case first. Go

ahead.

Case number two code 25000183 owner's name is Reddick and Trudy Talbot. The property address is 515 Northwest 12th Street.

Thank you. Good afternoon, mister Wagner. Lynn Jellen on behalf of the city attorney's office. This was on your agenda, I believe, on the seventeenth. I had an opportunity to meet with the public works director yesterday and as well as, miss Pryor, who's the director of neighborhood and Community Services and the city manager.

I'm requesting that this matter be I don't know what the procedural posture is, I'm asking for a dismissal. And the basis for it is that in speaking with the public works director, this is very different than the unlawful discharge cases from the restaurants. This was pool water, and upon reviewing the video, the property owner did state that there hadn't been chemicals in the pool, and the ordinance actually provides an exception for dechlorinated pools. So in our discussion pool water, should say. In our discussion with the manager yesterday, I requested the the ability to just come speak to you today and see if we can, seek dismissal of this. I don't think that there's a violation. And so that's it.

Did did we have a a an order on this case?

We do. So I think the proper mechanism is to be aware a motion to set aside the order. Yeah. That

Alright. Based upon the recommendation of the city, I'm gonna set aside the order in this case and dismiss.

Thank you.

Thank you

very much.

Good to see you.

Okay. Case number one, Code 2500158. Owner's name is Carol Russo. Property address is 4507 Northwest 3rd Drive and is presented by code officer Latoya Thompson.

I believe miss Russo is here if you wanna step to the mic. Yes.

Come on up. No worries. You're all good.

Okay. Hello again. Hello again. Afternoon.

Present their case and then you can respond. Okay?

K. Good afternoon. My name is code officer Latoya Thompson with the City of Delray Beach code enforcement division. On 07/31/2025, I code officer Toy Thompson was investigating a citizen complaint from the neighbor located at 4505 Northwest 3rd Drive regarding light spillage from a floodlight fixture located at 4507 Northwest West 3rd Drive, Delray Beach. I observed and photographed how the light fixture was installed to the home.

I researched the fixtures specs and confirmed that the fixture is manufactured to be hardwired. After consulting with members of the building department, it was further determined that the conduit the fixture is connected to is required to permit. After my investigation, it was determined that the floodlight fixture was hardwired without a permit, constitute which a violation of the city of Delray Beach land development regulation seven point two point two, permits and inspections with state. Subsection a, permits for electrical work can only be issued to licensed electrician with current Florida registration and city registrations. Plans must show the building's floor area, service connection, circuits, outlets, and and equipment.

All wiring installation must follow approved plans, and any changes must be submitted in writing to the building official. Subsection b, final inspections and approvals are required before any electrician, wire, or equipment can be covered or concealed. It is unlawful to hide work before inspection and and posting of notice, subsection c. The use of unexpected electrical apparatus is prohibited. No wiring, fixture, or equipment may be energized in a building or premises without written approval from the city from the chief building official or designee.

I've spoken to the property owner on several occasions and in person and via email. A permit was applied for yesterday, currently in progress. I have four four four photographs to present as evidence. A magistrate violation was issued 08/22/2025. A magistrate violation was male first class and certified male on 08/22/2025.

The compliance date was required on 09/20/2025. The certified confirmation receipt was received 08/25/2025. Regular mail was not returned. The violation was posted at the property on 08/27/2025. On September 29, I conducted a reinspection and observed the floodlight was still installed and no permits. But as of the thirtieth, a permit was applied for.

Okay. So just a couple of questions. Thank you. Mhmm. So just the compliance date, I believe you stated it was initially September 20, correct, 2025?

Yes, ma'am.

And a part of compliance was to apply for and obtain all necessary permits for the installation of the flood fixture. Correct? Yes, ma'am. Alright. Thank you. So I'm now showing you has been previously marked as city's city's exhibit one identification purposes. Do you recognize this?

Yes. I do.

And what do you recognize it to be?

I recognize it to be a floodlight camera with the conduit that's coming out of the home, the silver silver part Oh. That's coming

out

of

the home.

Alright. So just specifically, when was this photograph taken?

This was taken on August 8, and the reason why because the thirty first was an evening, so you wouldn't be able to see it.

Alright. So when you initially saw it, it was dark

and then Yes. And I went back and took another photo.

So specifically in this photograph, are you referring to that that white item in the center, kind of bottom of the photo? I'm gonna put the thing on it, if I can get this right. This. Correct?

Yes. So the the wire, that little silver wire that's coming down into the item

Are you talking about from, like, kind of the top of that patio area?

Yes, ma'am. That's the conduit that goes into the fixture.

And that's wired?

That's wired.

Yes. Thank you. City's exhibit two for identification purposes. Could you describe what's in the photograph here?

This is just a reinspection on the twenty ninth that the the floodlight is still installed. And at that time, the permit wasn't showing that it was applied for.

And that was on September 29? Yes. But it's it's still there, so no permit, and you checked the records. Correct?

Yes, ma'am.

Alright. Now now it's showing your husband marked the city's exhibit three for identification purposes. Do you recognize this?

Yes. That's just the permit screening from EPL that shows that, at that time, that the permit wasn't applied for, and that was 09/29/2025.

So that just shows the lack of permit?

Yes, ma'am.

Alright. And today is October thirty first. Correct? Yes. Well October 1?

Go back to that picture.

No. Today is October 1.

Okay. So that one is the October. It it got switched out. Okay. It was supposed to be four, now the exhibit three. They took the previous one out, so that one shows the correct and that one was applied for the September 30 and it's in process now.

So it says void. What does that mean?

That one says void.

Is that because they applied for the the roundup of permit initially that the resubmitted?

Initially yeah. Initially, it was a mix up, but we got it corrected. It's supposed to reflect that well, you won't see it because I didn't get the screenshot. We just changed it. That it's supposed to reflect that it's processing.

And as of today, the property owner does not have an approved permit. Correct?

No. Not yet. No. It's going through process.

Okay. At this time, the city would like to introduce the three exhibits into evidence.

Ma'am, can you tell me your

name, please? Carol Russo.

Miss Russo, do you have any objections to these photographs and documents the city's like to put in evidence?

Well, like I said, I was under the impression because originally there was a motion light, sensor light there. So when you walk by, it went on. And it's been there for, like, ten years. And each year when you know, a couple years it burns down.

I'll promise you. I'll let you tell me what you Oh, I do.

I just have to

know if you object to these documents.

No. That's that's all true.

Alright. Alright. I'll accept those in evidence as a good as one through three. I'm gonna let them finish, then you can tell me anything you'd me to know.

I don't have any further questions. Thank you.

Okay. So just so I'm clear, the permit was applied for yesterday and it's going through process?

Yes. It's going through it was voided, but we got it changed. Changed. I spoke to development services, and it got changed to move forward.

And just to save me trouble of asking later, about how long do you think this process takes?

We we anticipate compliance can be achieved within thirty days if there's a smooth submittal.

Okay. Is there anything further from the city? No. Alright, miss Russo. It's your turn.

Okay. Originally, I bought the house, there was central light. So when you walk by, you know, the lights went on. And every couple of years, for the $25, they cost, you know, they stopped working. So we replaced them. This time, I replaced it with the same thing, two spotlights in a little box. It was a ring camera. I didn't know that and I was as far as I knew, if something was preexisting, you didn't need the permit. I didn't realize that I inherited somebody else's work that was never permitted when I bought the house.

That seems to me an increasingly common problem.

And miss Thompson just explained that to me and, you know, and that's the story. I you know, otherwise, anything else, I've always put in a permit. You know?

Fair enough. So you applied for the permit?

By the time I got my electrician around, yeah. You know, number one was, you know, I'm on Social Security and the money was a little tight, and he's a little busy. And then when I got down here and found out that it's online only, he's got a language problem. I'm a dinosaur. I don't know how to work online stuff. So between the two of us, it was like the blind leading the blind, and that that's where we're at.

But I feel I feel you. So what what's the city asking me for here?

The city's asking to well, she'd applied, so now to obtain all approved permits for the hardwiring of the floodlight within thirty days or a fine of $2.50 per day until compliance is achieved.

$2.50. Can

I ask a question?

Maybe we just have one moment. Was just speaking to the supervisor. My apologies. Considering the fact that maybe this wasn't discussed with miss Thompson yet, but considering the fact that she has taken steps to only supply for the permit, I spoke to code enforcement supervisor, mister Enrique Fernandez, and he advised that $75 would be a more what we'd be asking for per day if it's not in compliance yet.

Fair enough. I probably would have asked you if you didn't do that. Ma'am, they they wanna give you thirty days to get this done. Does that seem like a sufficient amount of time

for you? It's not up to me. It's up to the electrician. You know, like I said, I followed the DIY stuff with my neighbor, and it was black to black, white to white, and this is where I stand. And I'm in trouble for doing that.

Do you have a sense of of when he's gonna be out there to

No. But I could call him and tell him that they need it done by a certain time and see, you know

Well, it is done. Right? So it's just the permit. Right?

Yeah. That's all it is. The paperwork.

But they would have to go in

and Inspect.

And make sure it's properly working.

Do we wanna give a little more time, or did does the city confident that thirty days is enough here?

We believe thirty days is enough, but we will leave it up to your discretion.

Well, if it's not, is there a way that I could call and ask? Like, today, I was I had a a vet appointment with my cat, I was asking if I could postpone this, and I was told, no, what goes on, whether I'm here or not. So is there a way I could call, gulf of it, it's not?

No. I I mean, if there's an act of God or something, you can contact the city. I mean, the the fine doesn't get assessed until it comes back, when the city comes back.

Let's I don't know. I've never really

But you you know what I'm gonna do? Just just because it sounds like you had a struggle here, I'm gonna make it forty five days.

Okay. Thank you. I appreciate that.

But but do try to get it done as quickly as possible.

I promise you I'm gonna call them this evening.

Yeah. As soon as the the permit is is issued, I I guess, then the the I

came up with half the money last week. So all I could do is wait for the check to come and I could give them the other half this week.

Alright. In case 25000158, I'm gonna make the following findings effect. And if I notice this officially, I find the property in violation of seven point two point two, which is the light without a permit. I'll give the respondent forty five days to obtain and and have their permit issued and and finalized or a fine in the amount of up to $75 per day may issue.

Thank you very

much. Yes, ma'am. Good luck.

Thank you. Thank you, miss Thompson. I

think that's it. Right?

Yep. That's it.

We're

adjourned. Thank you.