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 are gonna be called in the order in which they appear on the agenda. When you hear that your case called, go ahead and proceed 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 the city submits and ask questions of any of the city's witnesses, after which time you can present your own testimony and evidence. 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. So if you think that you might testify, there's a possibility that you might testify, I 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 or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?

I do.

Thank you.

Alright. Do we have any changes to the agenda?

No changes to the agenda.

We do not. Alright. So let's call the first one.

Number

one, code 25Dash00013A. Owner's name, Bright Horizon Investment Corp. Registered agent, Samuel j Cantor and Gwen Gov. Property address, 32 East Atlantic Avenue. Case will be presented by code officer Delinda Witkowski. Thank you.

And just for clarification, as this is joint ownership, I believe Coco Incorporated owns this property as well.

Is anyone here on their behalf? Come on up.

GoCo. Did I say GoCo with a g? Hello.

GoCo Inc. Sir, can you tell me your name, please?

Chad Nitsky. Can you spell your last name for us? N as in Nancy, I t, z as in zebra, k y.

Mister Nitsky, what is your position with which corporation?

I am the general manager at Elise of Better's. We're part of Big Time Restaurant Group.

And I presume that Big Time Restaurant Group is leasing the property? Correct. From whom?

I believe from Bright Horizons and Samuel Cantor.

And do they do they know that you're here on their behalf? Yes. Does the city have any objection?

No. Alright.

I'm gonna let the city present their case and then you can respond. Yes, sir.

Good afternoon, magistrate, assistant city attorney, and distinguished quest guest. My name is Dolinda Witkowski. I am a code officer for Clean and Safe at the city of Delray Beach. I'm here to look on of the location, 32 East Atlantic Avenue. On 08/07/2025, I inspected the property where I observed a business that had dumpsters that were not enclosed, which is according to the the site plan, they required one for an enclosed dumpster area which is in violation of code section 4.6.6 subsection C subsection one which states that the dumpsters and recycling containers in similar service areas must be enclosed on all three sides and have vision obscuring skates on the fourth fourth side.

A general violation was issued on 08/07/2025. A violation was mailed first class and certified certified on 09/24/2025, and I did receive one with a signed signature from from Elizabeth. On compliance date, it was required on 08/21/2025. As of the last reinspection of August 10/10/2025, the violation still exists. I do have four photographs that I would like to introduce into evidence of all these photos. Okay. I have had different contacts with the the manager as as well as the property manager.

Okay. So couple questions before we get to the photos. For clarification, based on the violation, there are kind of two separate compliance dates, correct? Correct. So the first compliance date which was to apply for a permit was within fourteen days or by August 21.

Is that correct? That is correct. And then the the final compliance date which was to obtain a an approved permit for the enclosures was within forty five days or by October 5, correct? Correct. And then on October 10, you checked our systems and our city systems and city records and were you able to observe any type of permit or application then?

Yes. I did check the EPL. And as far as all the different for the permit process, we have different people that are involved with the process of the permitting, whether it be engineering, landscaping, architect.

Simply put, did they apply for a permit?

They had comments but no response

But did from they apply for a permit? Initial apply. Correct. This is currently in the approval process but they do not have an approved permit as of the final That is correct. Thank you. Just wanted to be clear. Okay. I'm now showing you has been previously marked as city's exhibit one for identification purposes. Do you recognize this?

I do. It's just for identification, for you guys to know the Elizabethus location.

And that was taken, I believe, on your first initial date of August 7, I believe? August 7. City's exhibit two for identification purposes?

So this is in the back, which was also taken on August 7 of the the dumpers dumpsters that are not enclosed.

Okay. And you said the dumpsters, you mean the green items in the kind of central left of the photograph? Correct.

It has their name on there, 32 Elizabeth.

Okay. City's exhibit three for identification purposes?

K. This is on October 10, which was my reinspection that was taken, and you can tell as and they still did not do have an enclosure installed.

Okay. So the green items identified in the pictures still don't have an enclosure? Correct. Alright. City's exhibit four for identification purposes?

Okay. So this is just I just kinda highlighted the the areas just showing the dumpster, and this is what's the blueprint. There's planning some certificate of use where it was supposed to be located initially.

So this was submitted with the initial site plan? Correct. Okay. Cities exhibit five for identification purposes? Okay.

This is just a little small section where it's just showing that a permit was applied for but it's on the respond and resubmit section. Okay. Process.

And even application date was after the first. Correct.

Respond and resubmit means that the city reviewed it and had questions and

Yeah. I kinda was saying that there's different people involved in the process of the permitting and everybody did said something as to what needed to be done and there's area where there's comments for the respondent and the property owner to to respond to it, and that nothing was done on any of the processes. And

how how long has it been in that status?

I think since the what was it? September or something like that. It's been

a while.

If you if you wanna refer to your notes in the meantime while you're looking through your notes, to refresh your memory, if, I can ask to introduce those five exhibits into evidence.

It was actually the September 8.

Wait. Hold on. He's in the middle.

Mister Nutsky, do you have any objections to the documents the city would like to put in evidence, those photos? No. Alright. Without objection, I'll accept those in evidence of city's exhibits one through five.

Thank you. As far as

the dates, there's different ones depending on the on individuals. Here's an administrative was the September 16. Engineering was the September 15. Fire was the September 16. Historic was the eighth September and the structure was the sixteenth so they're different dates.

So for clarification, when you talk about the different departments, is it correct to state that whenever they apply for a permanent such as it goes through different departments in the city to review? Correct. And they have to submit different items to each of the departments.

Correct. They tell them what needs to be done and the respondent is supposed to respond back with comments and stuff and nothing was done.

So at this stage some of the departments are still waiting for the respondent to resubmit certain items? That is correct. Thank you.

Any further?

Nothing further from the scene.

Mister Nixon, do you have any questions for the officer?

No question. This is my first time ever doing anything

like this. We're we're we're we're quasi judicial, so we're not that formal here. But, basically, what I'm asking is do you have anything that you would like to ask the officer about anything that she testified to?

Not ask, but I just I mean, I just wanted to, you know, would say what I had to say.

Yeah. Hold on. I I promise I'll let you get your chance. I just wanna make sure that the city if the city's make sure the city's done. If they're done, then I'll I'll let you go.

We don't have any further witnesses at this time.

Okay. Go ahead.

So from my understanding that, yes, we did submit. We got it back about things that needed to be resubmitted and fixed. We are working with a civil engineer cause I believe he had to stamp the project. That's what the city requested. And we will have the all the documents resubmitted by Friday. Okay. And I know she's been working specifically, I believe, with Ellie, our facilities manager, has mostly taken the lead on this. So

When you say she, are you referring

to I'm sorry. The

officer? Delinda. Yes. Sorry. Wakowski. Okay. I just wanna make sure I understand who you're talking about. Okay. Alright. What is the city requesting here?

So the city suggests to obtain an approved permit within thirty days or a $100 per day thereafter for non compliance.

Mister Nitsky, the what the city is asking me to do is to give you thirty days to finish your permitting process. And if you don't do that, they're asking me to assess a fine amount of $100 per day after.

Yes, sir.

Is thirty days a sufficient amount of time for you to get this done?

Yes, sir. I believe so. Yes.

And officer Wachowski, is there any reason to believe that this couldn't be done within thirty days?

No. There should be plenty of

time. Okay.

Is there anything further from either side?

No. None from the city.

Mister Netsky, anything further you wanna say?

No, sir.

Alright. I'm gonna give you the thirty days. But as I've come to learn in this business, thirty days moves pretty quickly. So you're gonna wanna get on your civil engineer and the people working on this to make sure that they're moving pretty quickly. Okay?

Yes, sir.

Alright. Alright. In case, 25000138, I make the following findings of fact and law. If I notice it's sufficient, I found the property actually is in violation of four point six point six c one, the failure to screen their trash and refuse areas. The, respondent is given thirty days to come into compliance or a fine of up to $100 per day may issue. Good luck, sir. Thank you.

Thank you for coming.

Thank you. Go ahead

case number 2Code 25Dash000139. The owner's name is Shorering Inc. Registered agent Alan Shorering. The property address is 8 East Atlantic Avenue. And the case will be presented by code officer Delinda Witkowski.

Good afternoon. My name is Delinda Witkowski. I'm a code enforcement officer with Clean and Safe for the city of Delray Beach. I'm here regarding a screen of refuse areas violation located at 8 East Atlantic Avenue. On 08/07/2025, I inspected the property where I observed a business that had dumpsters that were not enclosed, which is according to the site plan, they require an enclosed dumpster area, which is in violation of quote section four point six point six subsection c subsection one, which states that the dumpsters, the recycling containers, and similar service areas must be enclosed on three sites and have vision of scurrying gates on the fourth side.

A general violation was issued on 08/07/2025. The violation was mailed and certified on 09/20/2025. Compliance date was required on 08/21/2025. As of the last reinspection of of 10/10/2025, the violation still exists. I do have four photographs that was taken of the property in question that I would like to introduce into evidence. I've had contact with several of the different managers and also with the general manager, which is here today.

Okay. And then again in this one, there were two compliance dates. Correct? Correct. And could you please state what they were?

So the the first date was required for August 21, which was to be able to apply for a permit, and then they were given another forty five days to obtain an approved permit, which would also be October 5.

Thank you. I'm now showing it's been previously marked for identification purposes. This is exhibit one. What does it depict and when was it taken?

It's just showing location of tin roof so you guys can have an idea where it's at.

So that's the business that's currently on the property located at 8 East Atlantic Avenue. Correct? Correct. Alright. Cities exhibit two for identification purposes?

Okay. This is the back on the alleyway, which is also the right of way in public view where their their dumpsters are not enclosed and have you know, they're not enclosed.

Okay. And that was taken on August 7? Correct. Of 2025. Okay. City's exhibit three for identification purposes. What does it depict?

So this is just a reinspection, which was done on October 10, and the dumpsters continue to

remain on outside. And those are the the green dumpsters with the waste management? Correct. Okay. Thank you. City's exhibit four for identification purposes.

K. This is the the permitting our EPL system, and it's showing there that nothing has no permits have been pulled on on behalf of 8 East Atlantic Avenue.

And based on your duties and responsibilities, it's typical for you to look into city records to try to see if any permits are found?

Yes. We do.

And this is indeed, I know there's an address there, but this is indeed the permitting screen for this particular property? Yes, it is. Okay. So when you say there's nothing there, no permits have been applied?

No, there hasn't no, no permits applied.

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

The temporary structure indicator on this form, that's not this an attempt to comply with this particular code section?

No, it's not. No, they're older. I think you could see

the are there layers on the Yeah.

They seem old. Mean But then I

There's different dates on there of 2022.

Yeah. But I I I don't think any closure would be a temporary structure.

No. It's a recent thing, so it'd have to be a 2025.

Alright. Is anyone here on behalf of the respondent? Come on up.

How are doing?

Can you please state your name?

Christina Goddaugh.

Can you spell your last name for us? Sure.

G o d b o u t.

Miss Godbout, did I say that great? Yeah. What is your position with the respondent?

General manager, regional manager for Tin Roof.

So you're the manager of the restaurant which is leasing the property?

Yes.

Scott, do you have any objection to the documents of the city, the photos and documents the city just showed that they wanna put in evidence? Nope. Alright. Without objection, I'll accept those in evidence as city's composite exhibits one through four. Does the city have anything further they wanna? No. Miss Komprah, do you have any questions that you'd like to ask, officer?

No. Hi. How are you? Good. How are you?

We have good news today.

Yeah. I was gonna say I don't no. I don't have any questions for her. Okay.

The floor is yours. Awesome.

We're in compliance. I have some examples of us being in compliant. So we got our hands dirty, fixed the structure in the back. So I took I took one picture. It's black and white. I ran out of ink, but one picture of the

Can can you do me a favor? Can you show those to the city attorney? Sure.

So when you say in compliance, did you get permit or did you just put structures around?

So if I can also give this to you. This is the blueprint and it shows the already had a dumpster area, but they were using it as a storage. And so they were working hard last night, and they did remove everything. And they are using it as it's supposed to be, an enclosed dumpster area.

So did they

use the

permit already? They do not need a permit. They do not need

So you're saying was already built, and they just weren't using it as a

company or as in as as a Like

Outdoor storage.

Out outdoor storage, basically.

Yeah. I don't think you'd need any kind of permit there as long as the building was in yeah.

So just to be clear, can I see

the picture?

Sure. I have some on my phone too if it helps.

This is the dumpsters were moved to a separate place. They're they're removed from here because this looks different. I just wanna make sure we're clear. Yeah.

The dumpsters were placed in

Hold on. Hold on one Okay. So we're gonna go back to City Exhibit 2. Yep. These are you saying that those dumpsters are no longer there, miss Weta? Did you go out and inspect the property?

They were last night, but she from the photos that she showed me today, they're no they're inside. So you see those those heaters? Behind the heaters there are the is the enclosed dumpster area, which they were using as a storage area. So right there, there's doors. You can open it up, and they place the dumpsters inside. Okay.

So I I presume the city is probably seeking a finding a fact here?

Correct.

What the city is asking me to do in this case is to find that a violation had occurred on the property but has since come into compliance. That means in the short term that there is no fine and you can continue on and that might be the end of things. I always have to say this because I want you to understand. There is a consequence to being found in having had a violation which is that should the same violation reoccur you could be treated as a repeat violator which would subject you to higher fines beginning at an earlier time in the process.

I understand.

Do you understand?

Can I ask a question on that?

Absolutely.

At the end of the night, we do roll the dumpsters out so that it's easier for waste management to pick up the trash because their truck can't get into that, I guess, driveway. And then when someone comes in, a manager, myself, whoever is opening, we roll them back in.

I I wouldn't advise. I I think that's something we'd have to discuss with our development services department at this time.

Yeah. I think you'd have to consult with the city. The one thing I can't do is I I can't give advice for compliance. Okay. There's any number of reasons why that's inappropriate and I I can't do. Okay. But but my experience is that the city can give you pretty good direction on these issues.

Cool. Did you want to introduce this? I mean, I

Oh, suggest you well, guess that's a do you want I can put that in evidence if you'd like. You might as well. You've already submitted Yeah. Sure. There's no reason not to. Alright. I'm gonna accept this in evidence as respondents exhibit one. I'm already marking it as such as r one. This is gonna go in the file. Alright. Alright. For the record, let me make the ruling here so that we're all clear. Alright. In case 25000139, I'm gonna make the following findings of fact. I'm gonna find notice is sufficient.

I'm gonna find the property having been in violation of section four point six point six c one, which is not having the refuse garbage cans properly screened. They have since come into compliance, though, after the initial required compliance date. Thank you.

And that

is all.

Thank you for coming.

Thanks for coming in. Seeing no more business, that's it. Right? I didn't there's no minutes for me

to