Code Enforcement Board - Regular Meeting

We're ready awesome I'd like to call this meeting into order can we call the roll

yes Wayne pacic we we we we

Awesome. Can we take a motion to are approve the minutes of the last meeting?

There are no minutes.

Oh, no minutes. Awesome. Would you like to read the changes to the agenda?

Yes we are requesting a motion to approve the following postponed cases twenty twenty five zero zero one nine zero five. Twenty twenty five two zeros three nine five three. Code 253Zeros190. Code 253Zeros two one eight. Code twenty five five three zeros two one nine code twenty five three zeros two two one code twenty five three zeros two five eight code twenty five three zeros three zero three, code 2530312, and code 253Zeros318.

There were two listed here that you didn't read, the end. Am I missing something? 25000126 and code 25000240. I'm

sorry. Can you repeat what are your your question?

I'm gonna read the last two on the postponed list. Code 20Five-one26 and code 20Five-two40.

Thank you for letting me know. So that's code 20Five-one26, code 2530240.

Thank you. So

we're requesting approval of the postponement.

Can I

get a motion to postpone?

Mr. Chairman, I make a motion that we postpone the case as read by the clerk. Second.

All in favor?

Aye. Aye. Thank you.

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

Okay. I'd also want to make you aware of the cases that are

closed. Hold on.

Hold on.

Yeah. Let's swear them in and then we'll go. Okay.

Please write here. Okay.

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

I believe. Thank you. Awesome.

Awesome. We're ready for the first case?

Yes, that's correct. Okay so these closed Okay. Understood. Thank you.

Awesome. Go ahead and call the first case.

Okay okay case number 1Code 25000198 property owner is Sharon Bowden the property address is 310 Southeast 5th Street and the case will be presented by code officer Latoya Thompson

good afternoon board.

We proceed I believe.

Hold on Mr. LaRue I'll leave.

Appreciate it.

I'm sorry. See you.

Sorry I'm late, mister chairman. That's okay. Thank you.

We'll talk later. Alright. Let's go. Case one, please.

Good afternoon. Code board. I am officer code officer Latoya Thompson with the city of Delray Beach. I'm here regarding a right of way marker located at 310 Southeast 5th Street, Delray Beach, Florida. On September 20 09/03/2025, I code officer received a citizen complaint from the neighbor located at 318 Southeast 5th Street, Delray Beach, Florida 33433483.

Regarding a regarding as you take a look, I'm a show you and describe exhibit one. Two cinder blocks well, looks like more than two cinder blocks, and a metal rod in the lower if you look to the lower left corner of the picture, a pole with a string tied to it in those cities right away. On September 3, took that picture. Exhibit two just shows it stringing along those cities right away to another end, which could have some cinder blocks, but it's covered by a similar trash can, which is a violation of code section 100.1 subsection e, which reads a dome shaped decorative marker, also known as a button marker, may be placed in the public right of way provided that such marker are no longer than six inches as you can see in the pictures. These are more than exhibit one, more than six inches.

Round surface, that's squared. Also, no straight edge and separated by two feet. The property shall assume all risk and liability for such markers. The placement of a period shaped marker or, that's anything else in exhibit one and two, similar to the marker within the public right of way is prohibited. So these items in Exhibit 1 And 2 are prohibited.

Are they tying this off to the utility utility pole? Is that what I'm saying?

Yes. Tied from the utility pole and then tied to the end of the two unprohibited markers. A notice of formal hearing was issued 09/12/2025. The notice was mailed first class certified mail, 09/12/2025. Compliance date was required 10/21/2025. Certified confirmation of receipt was received 09/29/2025. A regular mail was not returned. It was posted at City Hall 09/12/2025. A reinspection prior to hearing was conducted 11/05/2025. As of the glassware inspection, the violation still exists.

Exhibit exhibit three and four are my reinspections, and as you can see, it just shows that the violation still exists. Exhibit four is a different angle, but the violation still exists. I have contacted the property owner. Actually, she contacted me first to acknowledge that she did receive the notice. It wasn't posted to the property due for safety review.

Did she have a

reason? Yep.

She's here. Oh, she's here. Awesome. Yeah.

So if we can have the motion, I believe she asked to introduce the photos.

And I have four photos as you can see taken of the property question. I would like to introduce these photos as evidence.

Commissioner? Mister chairman, I move that we admit the four photographs provided by the inspector as evidence of the condition of the property and the violation. Violation. Second. All in favor?

Aye. Motion

passes.

Hi there.

My turn? Yes, ma'am. I'm wondering

there's no parking signs put up there since at least June 2023. The city passed an ordinance saying that it is no longer appropriate to park in the swales. This ordinance is not being enforced anywhere to the best of my knowledge. This is my way to keep people from parking off of the swale. I am told that I cannot fence that property.

I cannot build on it. I cannot charge you and Florida Flicker and Flash rent for using it, although it is my property and my responsibility to maintain it. That's temporary. I will remove it when three new parking signs have been put up, and you people start taking care of your swale. Otherwise, I am abandoning that piece of property to you people today, and it is your problem.

I am not responsible for it in any way. You guys redid our neighborhood, and now there's a gully there. I have a height discrepancy in my legs. If I fall and get hurt on that, your little 300,000 deal is not going to cover the repairs to my leg, because the last time it took three years to get it fixed, and it's well over half $1,000,000 now. This is your problem, not mine.

I have been very polite about going for the no parking signs, they're all over the neighborhood. There's three of them by Jim Shard's house, I don't know why he has them, and I can't get them. This is extremely discriminatory, and I am not taking care of your property that has Florida Florida power and lights, which you can see in that picture. There are little things there. The reason I put that up also was because we have a ton of construction in this neighborhood.

Yesterday, I had to call the police because three cement trucks and another truck had Southeast 5th Street completely blocked off. If you people cannot make it so that these roads are passable and people are only on the property they're working on, then stop issuing permits. Don't issue permits for three houses at the same time. And please, code enforcement, enforce the trash being picked up

in

front

of the I'm object to relevance

at Let's this just stay on this case right now.

Okay. Well, the problem is is that if if this if I don't get the parking signs, I'm going to channel five. I'm tired getting crapped on by you people. The last time I was up here, you gave me sixty days to get my fence fixed. If she hadn't come out and helped me, there was no way I could have gotten it done by myself in the middle of the summer in six months, never mind sixty days.

I told you before, I am on a limited income, I'm the only one there, and nobody is available to help those of us who served our country and now are alone. And I'm sorry, that's your property. Put no parking signs up and force it. We have no police patrols. They need to be out there, because if the no parking signs go up and somebody parks there, I'm gonna put a chain up.

And stop issuing ordinances that nobody is ever going to enforce. I count at least 15 to 20 cars every morning when I walk parked in the swale, and you know what the cops have told me? Not their job. So if it's code enforcement's job, let's hire 150 of them, give them their own building, their own cars, so that twenty four seven they can go out and write code violations for parking in a swale that the city should be taken care of and is not.

Yes, ma'am.

But I'm done take I'm done trying to fight with you people about this. It either you put the no parking signs up, you send Parks and Rec out to take care of it. As you can see here, they've killed most of the grass in the median because they do such a spectacular job, it or I am abandoning it to the city, and you guys can notify the county so they can take it off my tax bill. But it it belongs to the city. If I can't build on it, fence it, or charge you guys rent, it's not mine, and it's not my responsibility, and I'm not liable for

it. So

Three no parking signs. Real easy. Real easy to get it fixed.

Oh, I'm sorry.

I I thought you were done, ma'am. Sorry. You're not

Miss Warren?

I was just gonna say, I hear argument regarding the code itself or her frustration with what's happening and you know but I just think I just want to stick it to what's relevant here. What's relevant is the violation and the facts and the code of ordinances your role as the board is to listen to the facts listen to the testimony and to decide whether a violation occurred in this particular case we have evidence that the those items placed in the area are outside of the code of ordinances or what would be approved there are certain items that can indeed be placed in there and it's dome shaped I think six inches high miss Thompson eloquently displayed the code to you all so I think you know the issue is whether or not this is a violation of the code and the city's position that it is in violation of the code and I think that's your role is to to weigh that.

Agreed.

May I add something? Several houses down the street, there are sticks that are this high in the swale, and another house down the other way has a no parking sign that they have put in. So they are also in violation, and I don't see them here today, which means that once again I'm getting discriminated against by the city. I told you it is temporary. I will take it down once the no parking signs go up, and I don't consider it a code violation. I consider it protecting myself.

Understood. What does the city recommend?

The city recommends that the cinder blocks, the ropes, and anything else that is prohibited in the right of way be removed within seven days or a daily fine of $50 a day be assessed to the property until compliance is achieved.

Gotcha. Anybody have any questions?

I do have a question. So the reason why thank you for your testimony, ma'am. The reason why you put up this this this rope is to stop people from parking.

To stop people from parking there. Yeah. Because we have all these construction vehicles. When they were building the abortions on either side of me, the construction people dug all that stuff up and left all the dirt on the sidewalk wherever they were, and apparently thought I was going to take care of it, and I told them the next time they did that to please bring their mother, because I was not their mother. Now we have a ton of houses that way, that way, and that way that are being built with construction people, that have taken down street lamps, that have ripped up all the swale, and I don't want them there because then I'm gonna hear

The main issue is that people are parking on your private property or putting their vehicle there

They can't park there now. Right. Because They

they

won't park there now. Something I I don't know if something that the city is aware

of. This is irrelevant to the case frankly. I mean just this is I hear you but there are other ways to deal with it but right now this is unapproved. So I just want us to stay focused

on that. Mister chairman. So I empathize with you, and I do recall you appearing before this board in the past. Right. I've heard an awful lot again of statements towards the board. And I'd like to let you know that we're all volunteer residents on the board serving you and ourselves. And I'm talking. And what I'd like to say is I too happen to live in the city area. And experiencing a situation where two houses next to me have been constructed and torn down. And I'm experiencing Pike Gas Company ripping up my swale and breaking my sidewalk.

And I am experiencing AT and T ripping up my yard and leaving stuff across it. And I'm experiencing calling the city of Delray and asking them to have construction trucks trucks moved out of the common area. And I know what they've said to me, and I know what my yard looks like when I'm done. Mister Bettina, I would like to tell you that I've heard your testimony. What? Nothing. You're you're a little beyond the No. I'm not. And I'm I'm what I'm saying is I understand what you're saying. However, as longtime citizens, we have to communicate with the city.

And and okay. I'm talking still. And when we communicate with the city, there's a lot of things. You're right. A lot of these things are problems for you and for your property. And so we have to react in a way that is not also doing something that's against the rule because we've been wrong too. And I I don't I don't have a problem saying, yeah. I've experienced it myself, sir. So, however, my wife and I, we we're not alone. We're together still. And, we have had to approach the city, and we found that by approaching the code board, they've helped us get through almost every of our problems.

Well,

I appreciate it. I'm not saying that they that they did the best thing for you. But we're here because we wanna see the code enforced, and we don't wanna see you or your property abused. So and that's my answer to your testimony. And I serve on this board.

I was appointed to do so as a citizen. I've heard you. But this board is now probably gonna have to consider whether or not that yellow stripe with the cement blocks is according to the code because that's the only thing let me finish. That's the only thing we are here to do. But I will encourage you as fellow citizen to finish your communication with the head of the code board because our code department because I know they do care about us as citizens. Thank you.

Would you like me to read a section of the letter that I got from him?

You know, it's your option

to testify. Testify. Okay. Vehicles being parked on swales, request of no parking signs with no request no response from city, dated 06/20/2023. For going on three years now, I've been trying to get the no parking signs up. We're told that they're unsightly, yet they're all over Delray Beach, all over, many of them within two blocks of my house. Code enforcement staff spoke with Planning and Zoning Division, and approved permits were revised. Nope. That's not it. Public works department is working on an ordinance that if passed will prohibit parking in swales.

This will significantly reduce sign pollution in neighborhoods, never mind the light pollution we have in the neighborhoods, and give the Delray Beach Police Department, fat chance, and parking enforcement, fat chance, greater flexibility to address this concern. This is being done specifically because of issues in Osceola Park neighborhood and on the Barrier Island. And so far, here we are. I put it up because they wouldn't put up the no parking sign. Now what would you like me to do? Would you like me to go to the city council, get down on my hands and knees, and beg them

for it?

Well, no. I don't think you should demean yourself in any way.

Well, that's what you're making. Just do that. That's what you're making.

No. That's a very impressive communication. It doesn't seem like they're addressing your needs.

No. They're not.

Mister chairman.

And that's from 1923. That's almost two years ago.

Yes, Jimmy.

I'd like to

make a motion. Please.

With respect to case number 000198, I move for finding of fact in conclusion of law that there is good notice and violation of the

improper objects of way marker?

In in the marker and the right of way Mhmm. Exist on the property. The offending party shall correct all violations within seven days or pay a fine of up to $50 per day for each day thereafter for noncompliance. The resident shall immediately notify a code enforcement officer when the property is brought into compliance. If the violation is not brought into compliance, the code enforcement officer shall report back to the board in event of noncompliance. A lien of the daily amount shall be imposed on the property.

Second. All

in favor? Aye. Aye.

Any papers? That property to the city. It is no longer my responsibility. I am not liable for anything that happens on it.

We've all heard you and I'm gonna

Excuse me?

We've all heard you and I respect and understand your concern.

Okay. I used to live in your neighborhood. Yeah.

And I love the old Osceola Park ten years ago.

You mean now it's Boxeola Park.

Now I like it.

No it's horrible It's

lost its charm in what it was. I understand. I understand traffic. There's always been traffic issues there and swale parking issues especially when there were rehab facilities in that neighborhood.

They're still there.

Was always difficult. But the thing is that everything you say I agree with. The problem is what bothers me the most is that violations will be addressed. You can't give a violation to someone when other violations exist.

Are are they got are you got wait.

The only

thing I would like to recommend is you have the ability, you're well spoken, please email your city manager.

Oh, I'm sorry, I'm a dinosaur, the email does not exist in my life.

Well then.

I have a telephone, that's how I do Write

letter or even go to your commission meeting because usually at commission meeting you have the heads of all the departments, including police.

And you're given three minutes.

That's okay.

No, that's not possible. Okay. The ropes will be taken down today. I will not be maintaining your swale ever again. That is yours. It is not safe for me to do it. You guys maintain it, or flatten it so that it is not anymore. That is not my property. That belongs to the city, and I expect the no parking signs to be put off, and I will be going to channel five. Have a great day. You're useless as usual.

Thank you.

Thanks, man.

You just wanna do

the thing? We all wanna

help her. She's well spoken. Yeah. She has a valid

Case number two.

Before we before Yeah. We wanna make

sure we Yeah. Put a button on that. So a couple of things just just to keep in mind. And, mister Patera, when when I was trying to to talk to you, I I wasn't attempting to to cash shade or anything about your experience. The the board can't testify, which is to say that we're not no one on the board is a fact witness, unless you're sitting over there. Right? And so we want to avoid necessarily bringing in extraneous testimony in Okay. Through the board.

We can't

a judgment. My job is just to try and keep you in the And I guess we can't can't the legal can't safe space. Anymore. But Right. And we can't we can't talk about the case. It's it's completed. Empathy

is what you're here for.

Yeah. Well, that's what I was going for.

No doubt about it. But you don't have to explain it. You're empathetic to her, which we all were.

Okay. Right. Yeah.

So And and I think that's fine. I I was just trying to get you not to Yeah. Do too much factual outside information. Alright. Is that all?

Oh, I am I'm not I I wish I I could appreciate

that more than I do. Can we move to case two?

Madam. Okay. Case number two. Code 25000206. Property owner is Jean Alexis property address is 206 Southwest 11th Avenue and case will be presented by code officer reggie williams

Good afternoon. My name is Code enforcement officer Reggie Williams. I am here regarding an outside storage violation located at 206 Southwest 11th Ave. On 09/05/2025 a warning notice was issued after I inspected the property where I observed a black Toyota Yaris with flat tires on the front driver's side and on the front passenger side of the vehicle, which is in violation of code section four dot six dot 11, which states outside storage of materials, supplies, products, vehicles, and the like shall only be as allowed for within requirements of each individual zoning district. Former hearing notice was issued on 09/12/2025.

The notice was mailed first class and certified mail on 09/15/2025. The compliance date was required by 09/22/2025. On September 2025, I reinspected the property. A certified confirmation of receipt was received 09/18/2025. Regular mail was not returned, posted at City Hall on 09/05/2025, and posted at on 09/17/2025.

A reinspection prior to hearing was conducted on 11/05/2025. As of the last reinspection, the violation still exists. I have nine photographs taken of the property in question. Exhibit one exhibit one is a a picture of the warning notice that was posted at the property of the door hanger. Warning notice on 09/05/2025.

Exhibit two shows the full black Toyota Yaris on the property. Exhibit three shows the front driver's side tire that's flat. Exhibit four shows the rear not the rear, but the passenger side front tire that's flat. Exhibit five is a photo of the posting when I posted a property on 09/17/2025. Exhibit six is a affidavit of posting that was signed when I posted on 09/17/2025.

Exhibit seven is my reinspection on 11/05/2025 that shows the black Toyota drivers on the property. Exhibit eight is the reinspection of the driver's side front tire that's flat. Exhibit nine is the passenger side front tire that's flat. I would like to introduce these photos as evidence. Motion,

please. I move to admit the documents and pictures that the city has provided, the nine exhibits, regarding case number

top right.

Top right. They're moving everything.

25Dash000206 be submitted into evidence. Second.

All in favor? Aye. Aye. Opposed? Pictures are inked.

They moved it.

Did move it. Okay. Yes.

That's what it was posted September 15 at City Hall but I posted on the property September 17 the city suggest that the property owner be granted ten days to remove or repair the vehicle or face a fine of $50 per day until the violation is corrected

And mister chair, if you wouldn't mind, see if if anything

here for this case.

One only one question. The only item that you're talking about is the problem is the automobile. There's no other storage of any kind?

No. It's just the the automobile. Yes. Any contact with the owner?

No. Or the residents of the property? No.

Questions? Anybody?

Mister chairman, I have to make a motion. Please. And with respect to this case, code 25 respect in respect to this case, code 25 dash zero zero two zero six, I am I move that we find for a final facts and conclusion of law that there's good notice on the violation of outside storage exist on this property. The offending party shall correct all violation by within ten days or receive a fine of the $50 a day for each day, therefore, for noncompliance. The respondent shall immediately notify the code enforcement officer when the property is brought into compliance.

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

Do I have

a second?

Second. All in favor? Aye. Opposed? Motion passes. Thank you, sir. Thank you.

Case number 3Code25000235 property owner is Horace and Louisiana m Pinkney the address is 544 Fern Lane and the case will be presented by code officer Chantel Jean Baptiste.

Good afternoon my name is code enforcement officer Chantel Jean Baptiste. I am here regarding a general code violation located at 544 Fern Lane. On September 8, I issue a warning notice for vehicle parked over landscape area. A general notice of violation was issued on 09/19/2025, which is in violation of subsection four four point six point sixteen subsection e subsection three, which states vehicle parked over landscape area and the grass. I'm sorry.

Vehicle parked over landscape area is prohibited. On September 19, a notice of violation was issued. The violation was mailed first class and certified mail on 10/07/2025. The compliance date was required by 10/17/2025. On 10/21/2025, I reinspected the property.

Subsequently a notice of former hearing was issued via first class and certified mail on 10/07/2025. Certified confirmation receipt was not received. Regular mail was not returned. Posted at property at City Hall on 10/10/2025. A reinspection prior to hearing was conducted on 11/05/2025.

As of my last reinspection on 11/05/2025, the violation still exists. I have eight photos taken of the property in question. Now I would like to introduce these photos as evidence. Okay. Exhibit one is the warning notice that I had issued and gave them five days to comply.

Owner of property did make contact and stated they would be in compliance. On the nineteenth, exhibit two on the September 19 is when I reinspected the property after the warning was issued. It was not in compliance so the vehicle is over the landscape area. The driveway is clear for parking. Exhibit three is the second photo showing the whole property and the vehicles parked on landscape.

Exhibit four is when I posted the notice of violation on 10/10/2025. Exhibit five is the affidavit of posting when I posted the notice of violation on property on 10/10/2025. Exhibit six, I reinspected the property 10/21/2025. The landscape is disappearing more and more, dying or removed. Exhibit seven is my last reinspection, 11/05/2025.

And exhibit eight is a second angle of the violation on 11/05/2025. These are my eight photos as evidence.

Can I get a motion to put the pictures in?

So move that we include the exhibits eight photographs including papers showing the condition of the truck parked not on the driveway which is a violation.

Second please. Second. All in favor? Aye. Opposed? Pictures are in.

And the city suggests seven days to remove the vehicle off the landscape area or $50 daily fine until in compliance.

Have you talked to the homeowner?

I have. Anyone here? And?

When I issued a warning the wife and the husband reached out to me via phone. The husband was very upset stating why am I telling him what to do. But the wife stated she will come in compliance. So when I reinspected on the September 19, vehicle was not moved off the landscape area. That's why I didn't notice I proceeded with a notice of violation.

Because it almost looks like they trimmed

Mhmm. The

landscape area

to to prepare The

the earlier photograph, the area where the truck is parked looked different than what it looks there in in this the last eight seven and eight.

Photograph number one?

Keep going. Keep going back.

Yeah. Right there. Yeah. They

cleared it out for

Cleaned up some of the grass that's in it but it's still just dirt. Right?

Correct. So

is dirt considered part of the landscaping?

Yes. Yes.

Because they would need a permit to extend the driveway.

Yeah. Just for clarification because there's no permit on file for any type of drive way extension. Correct? Okay. Thank you.

Is anyone here for

this case? Questions

anybody? I'll entertain a motion.

I'll have a motion, please. In respect to this case, code 2500235, I moved for final facts and conclusion of the law that there is good notice and a violation of code four point six point sixteen subsection e subsection three on the landscape regulation v vehicle in Broach that it exists on this property. The finding the offending party shall correct all violation within seven days and or pay a fine of $50 a day for each day thereafter for noncompliance. The respondent shall immediately notify the court enforcement officer when the property is brought into compliance. If the violation is not brought into compliance to court enforcement officer shall we shall report back to the board and in the event of noncompliance a lien for the daily amount shall be imposed onto the property

second all in favor aye opposed motion passes thank you ma'am

case number four code 25000283PropertyOwner Mammy Roads property address is 567 Lawrence Road the case will be presented by code officer Chantel Jean Baptiste

good afternoon my name is code enforcement officer Chantel Jean Baptiste I'm here regarding a general code violation located at 567 Lawrence Road. On September 29, I inspected the property where I observed outside storage for building materials, plywood, buckets, and similar items Which is in violation of code section 4.6.11 which states it shall be unlawful for the owner or occupant of residential building to utilize the premises for building material. General code violation was issued on 09/30/2025. The violation was mailed first class and certified mail on 10/03/2025. The compliance date was required by 10/13/2025.

On November 5, I reinspected the property. Subsequently, a notice of formal hearing was issued to a first class certified mail on 10/03/2025. Certified confirmation of receipt was not received. Regular mail was not returned. Posted at Property and City Hall on 10/10/2025. A reinspection prior to hearing conducted on 11/05/2025. As of my last reinspection on 11/05/2025, the violation still exists. I have eight photographs taken of property in question. Question. Would like to introduce these photos as evidence.

Exhibit one, this photo was taken on 09/29/2025 of the full property from the street. Took this photo. Exhibit two, I took from the street view at a different angle to show all the outside storage and trash located on the driveway of the property. Exhibit three is a closer photo of all the outside storage of building material, trash, and similar items. Exhibit four is when I posted the notice of violation on the property on 10/10/2025.

Exhibit five is an affidavit of posting when I posted on property 10/10/2025. Exhibit six was my last reinspection on 11/05/2025. Second photo taken on 11/05/2025. Closer photo to see the outside storage on the driveway of the property.

I'm sorry. If you can go back. I just

wanna make sure we're doing number.

So go back to the bottom one.

That's exhibit eight, exhibit seven.

Okay. Exhibit six. Okay. Just wanna make sure it

was ordered.

So Exhibit six, exhibit seven, photo taken on 11/05/2025. Exhibit eight, closer photo, 11/05/2025.

And six, seven, and eight still show the outside storage items that are in violation that you previously listed. Correct? Yes, ma'am. Alright. Thank you. If we can have a motion.

Awesome. Can pictures in?

Mister chairman, I move that we admit the documents and pictures submitted by the city as evidence, exhibits one through eight. Second. In case I'm sorry. Let me finish the case number 25000283. Second.

All in favor? Aye. Post? Pictures are in.

And the city suggests seven days to remove all outside storage and trash within seven days or $100 daily fine until in compliance.

Questions? Go ahead.

You have a

contact with the homeowner?

The homeowner made contact with me once via phone. He stated the reason the outside storage was there is because he was ill and he'll be working on it. But as I'm doing the reinspection, I don't see any improvement. So the case had to continue.

Alright. Thank you.

Is any of this material anything other than garbage or or debris from demolition? Is it any you say building material, but it doesn't look to me like usable building material. Is it something if, for example, if they had a dumpster and all this was in the dumpster, would that be okay?

If it's in the dumpster and secured, it would be okay. But the driveway is not clear. It's trash and outside storage. Because there's dollies, mops, carpet, buckets. It's numerous items.

Oh, because there's some items besides what I'd call garbage or track tracks.

Yes. Right. And just for clarification, there's no pending building permit or anything that will allow them to even temporarily.

When I checked there was nothing in the Thank you.

If there was a building permit, would there be some leeway for I mean, obviously, you got a building going on. You gotta store the material some someplace.

You don't have garage. On the driveway. It would have to be stored.

It would have to be screened

somehow or other.

Anybody here for this case? And

it's ongoing. It's just not like one day. Right? It's ongoing.

If you look at the

it's consistent. It's been

there. Seems like

it grows.

Without a doubt.

Thank you. Okay.

Questions or a motion?

Is the person is the owner in the business of construction? Do you know?

Not to my knowledge.

Alright, mister chairman. I'd like to make a motion in respect to case number 25000283. Move for finding of fact and conclusion of law that there is good notice and that the violation of outside storage exists on the property. The offending party shall correct all violations within seven days or pay a fine of up to $100 per day for each day thereafter for noncompliance. The respondent shall immediately notify the code enforcement officer when the property is brought into compliance. If the property is not brought into compliance, the code enforcement officer shall report back to the Board and in event of noncompliance, a lien for the daily amount shall be imposed on the property. Second.

All in favor. Any questions? All in favor? Aye. Anybody opposed? Motion passes. Thank you, ma'am.

All business case number 518Dash111674. Property owner is Roger Cope. The property address is 701 Southeast 1st Street. The original officer on this case was Thomas Storey however the case today will be presented by code officer Delinda Witkowski

Good afternoon. Board members. Good afternoon. Assistant city attorney and all those that are present. I'm here regarding an old business that is located at 77, 'one, South East 1st Street that was originally on violation on 08/09/2018 for interior alterations and interior demo without a permit.

The property owner was given fourteen days to comply or a daily fine of $250 was to be imposed. On 10/10/2019, a lien in the amount of $90,500 was authorized by the code board to be recorded against the property. The property was placed in compliance on 10/12/2020, and one month later on 11/12/2020, the owner of the property asked the code board for a lien reduction. The motion was made by the Board granting a lien reduction of $10,000 if paid within sixty days. The lien was not paid.

The property owner is here once again asking for a lien reduction.

All set?

All set.

Thank you.

Alright, for record, the Tom Stanley, McMillan and Stanley. 33 Northeast 4th Avenue, Delray Beach, Florida. Attorney for Roger Cope. The respondent homeowner is also here to testify as well in this matter. This is an old case. It's know, working with the client to try to resolve some issues with his family planning and whatnot. The lien's 90,500. The timeline that the city's presented is correct. Applicant, the respondent will make some make some comments, but, you know, we're here to obviously have a lien the lien reduced. Since that time, this is the applicant, the respondent's homestead. It's his primary residence. The board should note that it's not investment property. It's not an office. It's commercial. It's not a strip center.

It's not a restaurant. A lot of things that you all are used to dealing with. You know, respectfully with regard to the board order that was issued around 11/17/2020 when the when the lien was reduced to $10,000, the applicant didn't have the, or the homeowner didn't have the funds to pay that timely. He'll comment on that a little bit. But, again, we're here for, the lien reduction and obviously maybe a a request for a payment plan. Mister Cope? Mister Cope, make some comments.

Board, for the record, mister chair, vice chair, and and, everybody else sitting on on the code enforcement board, thank you for serving, first of all. And for the record, Roger Cope, 701 Southeast 1st Street. Thirty nine year resident of of Delray Beach. I'm a historic preservation architect. I've been doing this. This is this is my passion. This is my vocation. This is my business. Been doing it for for thirty nine years. This is a 100 year old home which, led to the work that I conducted that's in question.

And without getting into details about that, I was unable to pay the $10,000 reduction that your previous board was kind enough to offer. It's taken me this long to accumulate those funds. I have those funds. We're willing to pay that.

If you

find it in your heart and compassion compassion enough to reinstate that ruling. We've got the funds available, can be paid within sixty days. We'd rather not go into a scheduled payment, but if if if you can agree to the $10,000 fee for the second and final time, we have that check. We'll write it write it and pay it to the city. We we've been in compliance for forever.

And so Lynn Lynn Jellen and the city attorney's office and as you stated, Wayne, earlier at the beginning of the day, you know, the objective here is to be in compliance, not to be punitive. And and, so it's hard to write a $10,000 check for something of this nature, but we're willing to write it. So thank you very much.

Miss Warren?

I'm glad that that has the recommendation. Melinda.

K. The city suggests to reduce the lien to $45,250 to pay to be paid within thirty days. If not paid within the thirty days, that the lien will revert back to original amount.

When we the first fine reduction, we reduced it to

From 90,500 to 10,000.

Okay.

And now you want 45,000?

$45,202,150.

And what was the date of the first lien reduction again?

The first lien reduction?

That was 11/17. Sorry. 2020. The city can confirm.

Yeah. I mean,

I was just

double checking the board order. That's correct. And the board order says yeah. That was the date it was executed.

I have couple of questions. Please.

Thank you for

being here for thirty nine years. You've seen a lot of changes.

I'm sorry?

I said thank you for being here thirty nine years. You've seen a lot of changes.

I have.

And thank you for working with Historical Homes because there's a lot of effort that goes into the preservation of them. I like to follow Historical Homes. It's pretty cool. And you got a great attorney by the way. A great guy. Pretty good guy. I can understand financial hardship for a small business owner. We all go through them as small business owners, and you're a small business owner. But from the time that you originally had your reduction, I can understand health issues, something happened. Did you contact anyone within the city to say, hey, guys, I'm having an issue and, you know, I want to address this?

I I had casual conversations with the city attorney's office but nothing good

to and I always tell everyone is have it in black and white. Everyone in the city is compassionate and I feel our board is with helping people and are you comfortable with the terms of the $10,000 and making the payment in 60 days where if the board's to work with you, we're not gonna have egg on our face. That's what I'm concerned about.

I promise you. I I'm under I'm under oath, mister Burgess.

Understood. Understood. I

And also what I've known mister Copel a long time and if it helps the board, if we have an issue, obviously, my firm will advance it as part of our our billing and cost advance for the client if you agree to the 10,000.

Thanks. Thank you.

That's it. I have no further questions.

You have a question. Sure.

In the been shared with sorry. My question is in the that's been shared with us, it speaks of administrative oversight, why the fees have accrued this far, but that was handled with the initial when the reduction was placed. So how does does that have any relevance to why it hasn't been paid or why it's taken okay. Yeah. I'm just looking at looking at the doctor right into Absa.

So it

says it's not. Okay.

So is Well, my my question to the board is, do we have leeway to go somewhere between where the parent dependency initially was and where the city wants?

So I you know, the board, it's up to your pleasure. And if mister Wagoner can chime in she was looking at me so You can you can What would you can say no reduction at all? You can say you can do what he's asking for you can do what the city wants you can go somewhere in between It's up to the Board. The only thing that I would say that has been five years since the last Board order. I understand that he's coming in here, you know, on one hand he's saying he's got it today, and then he's saying sixty days. So, you know, I'll leave it up to the board's discretion, but I think sixty days is a bit long when we when we're this far. Yeah.

I mean, we're open to any any term of payment that the board agrees to. It doesn't have to be, you know, sixty days out. So I want your discussion here today. How was your

Tom or Jimmy?

I mean, you made support. You said you're

in today.

I mean Right.

Seven days. It's

But it it has been five years.

Right. Right.

I I know Roger. I'd certainly like to see some kind of simple interest or something like that for the five years on that $10,000 just as a kinda gesture that, yeah, it was the the city went out of their way to to knock this down to 10,000 and then and give them opportunity to pay it, and then

it never happened. Right. So the city is now recommending 50% of the original Right. Fine. Right? So I guess that would some interest.

Was affected by COVID It was. Big way. It was. So we should take that

into consideration. Yeah.

I'm gonna say that. I'm just gonna object. That's just really facts, not not in evidence. Right. I

mean K.

So just just for clarity and I apologize again, I've stepped on your Mr. Butarian, the role of the board is to evaluate the facts of record, which is the things that have been testified to or submitted into evidence and make a determination using your judgment. And I would agree with the city attorney that either scope of your action can be to issue no reduction at all or to reduce it in its entirety. You have that discretion that you should rely entirely on the facts of record in making that determination and your judgment.

Thank you for making it clear again. It's, you know, we are we are a citizen appointed board, and it's it's our job to consider testimony. I have enough I have another question.

Ahead. I'll make a motion motion when

you guys are done.

Gotcha. Well,

I see you're ready to make the motion, but Todd brought up something of, you know, considering the fine. I've heard our our philosophy. We don't really want to fine you. But are we gonna be happy with leaving it at 10,000? It seems to me 45,000 is too much because we already agreed to 10. But we didn't really hear testimony as to the I don't understand the testimony as to why it took five years. Was there a hardship period over this time? I don't wanna say what it might be, but we didn't hear it and you're under oath. I didn't

hear it. I am under oath. I didn't have the funds at that time. I've

Okay.

I have a check.

Okay. That's good. You gave me a reason. Sorry. It's good enough. I'm done. Thanks.

I have the funds now. So you didn't have the

money. I'll make a motion.

And, sir, practicing historic preservation the past five years in the city of Delray Beach. Five years ago, it was a it was a wonderful business. The product out there, I I made a very nice living then. It's been very difficult to make a living practicing historic preservation in Delray the past five years.

Thank you. I understand the hardship now. I didn't before.

I'll make a motion. Please. I make a motion regarding this case to keep what was original negotiations back into 2020 and the fine in the amount of $10,000 against mister Cope. And we would give him thirty days to pay the $10,000 in full. If it's not paid in full, his attorney, mister Stanley, has gone on record to say he will make the payment to the city in full within thirty days for the $10,000.

That's correct. Discussion?

The only to add to that, if he doesn't do it thirty days, it does go back to

the 45. His attorney's gonna do it.

Yep. Well, if he turned it to justice Yeah.

I you still have to you still have to to end that it's gonna revert back as part of your motion. We understand that.

Yeah. Okay. Adding to my motion, it would revert back to the original $45,250

if not That's that's

not incorrect.

It's 90,000. Thousand 500.

The current amount of the lien is 90,500 for the red run.

Second. Todd,

I wanna hear you. Second. That's Second? Sorry.

So just to be clear, the motion is to honor the original

Exactly.

Agreement. If not paid within thirty days, it goes back to the original fine

Exactly.

Amount. Exactly. Correct. No

take backs. Right? We're not going back and forth after that.

So it's been seconded. All in favor? Aye. Opposed? Motion passes. Thank you, Cope. Thank you.

One one more on here. Okay. Mister Cope here.

Case number 6. 244574. Property owner is Roger Cope. The property address is 701 Southeast 1st Street. And the case is presented by code officer Delinda Witkowski.

Good afternoon. My name is Delinda Witkowski. I'm a code enforcement officer for Clean and Safe. I'm here on an old business case at location 701 Southeast 1st Street. This case was originally found in violation on 07/11/2024 for landscape maintenance. The property owner was given fourteen days to comply or a daily fine of $200 per day to be imposed. On 11/14/2024, a lien in the amount of 25,000 was authorized by the code board to be ed against the property. The property was placed in compliance on 11/27/2024. The property owner is present now and is asking for a lien reduction.

Again, this is the 2024 case, the same property. This one's a little bit different with regard to, you know, the testimony. One was obviously the hardship still continues, which is why we're here. The applicant, the respondent will homeowner will testify to that. And also, if I may approach mister chair to enter some pictures into the record.

Let's just see it. Yeah.

Thanks. Thank

you. This is what I'm handing out here is just a picture of the property. So this is a the yard is sort of a zero scape type type planning and, you know, you see some of the code in the code enforcement record, which you have, that the plantings are a little bit tall, but it wasn't necessarily weeds. Obviously, in this area of town, you know, you've got got Zoysia, Floritan, it's a Saint Augustine. It's a little more manicured.

So there was a little bit of a debate at the when this case was considered at the original hearing in 2024 between a few of the members on, you know, actually what the landscaping was. So we'll just hand out this, I believe, is after it was trimmed. So I'm gonna enter this into the record here. Give us a passage down, mister Koch. Thank you.

And then, mister Cope will continue his testimony on this one.

It's just a 100

year old property. I thought a 100 landscaping concept that was in harmony with the structure of that age was an appropriate way to approach the landscaping. I don't it's a zero scape concept. I have no irrigation system. I'm I'm proud of that.

I I don't plant things that need irrigation. So and it's a very simple photograph on the cover of this just showing the property, which that photo was taken at 08:00 this morning. And I I pleaded my case for zero escape when I was before you, the last time I was before you. And it was a couple of you agreed with it, but the majority of you didn't. I I just it's a zero escape concept.

So if I I knocked everything you know, I plant native material, nothing exotic. I'm I'm interested in having the birds and the bees and the ladybugs and then and everything as habit of planting within the yard. So and I have history of permitting things that are in the landscaping. I I even took I even filed for a permit and was granted a permit for taking out a dead tree when I first bought the property. So I'm we're we're simply asking for a reduction in in the fees that accumulated for a concept that I'm the only zero escape guy within, you know, a mile of my property.

Everybody else is overly manicured, topiary shaped trees and and turf and irrigation systems and fertilization, and I'm just the opposite of that. And and to me, in the code, it doesn't recognize that. It it doesn't say that I can't have a zero scape concept, and but I'm doing a much, much better job of not making it look so zero scape. It's I've toned it down so that apparently it's a little bit more palatable for folks.

That's it. So the fine is 25,000? Is that where we're at?

It's 20 yeah. 2522760 right now is what was of record that the code enforcement department told us. The claim the recorded claim only is 25,000 on on record, but I think this is the exact amount.

Delinda, what are your thoughts?

So, actually, I don't I didn't know. Did we hear what mister, Cope wanted a reduction to?

I'm not sure.

Yeah. We're we're seeking a reduction to I mean, we realized there's staff time involved with this and, you know, it cost the city time time to, enforce this. We're seeking a reduction to $2,500.

Glenda, what are your thoughts?

The city suggests to reduce the lien in the amount of 12,500 to be paid within thirty days. If not paid within thirty days, the lien will revert back to the original amount, which would be 25,000. Gotcha.

I have two questions. Okay. Does your property and I'm not I'm driving blind on this. Does your property fall under, like, an historical property in town? Like, I know there's certain properties that are deemed historical and have to be preserved.

So the

city of Delray Beach has five historic districts. The I'm in the Marina Historic District, which is the first national district in the city. And I was instrumental with others in establishing that national recognition. So so we are in the the most premier historic district in the city. The second national district happens to be Old School Square.

K. But is your property

I'm in that district. Classified as so

your everyone in your neighborhood is historical district. Correct?

I'm on the periphery of it, but yes.

Okay. So yours is a contributing structure for this?

I have a contributing 100 year old structure.

Correct. Okay.

Todd. So then in the historical and once again, I'm driving blind. In the historical status, landscaping like this would be a conforming use or it would be allowed because of irrigation and architectural and things like that. I'm driving blind.

It's an elective. No. That's an elective. That's on me. The the the the historic property that there's there's there's little to no obligation by a historic homeowner to abide by any special landscaping needs. Okay. This is purely elective. Okay.

Yeah. I think to retry the case. Am I right?

Correct. Correct. Yeah. Yeah. Just I was just gonna clarify that, you know. Yeah.

Yeah. Yeah. If I just make one comment, rebuttal up. I think just the nature of the case for the code enforcement officer was probably, you know, in the most simplistic form was I'm not gonna speak for the city, but probably the height, you know, the overall height. You know, you get to rule her out. You're at six inches, eight inches, twelve inches. If it is not in a bed Right. I that was the gen in this case, obviously, it didn't go on that long. This was, you know, roughly ninety days. You have the timeline.

And and on that left two seconds. We're not talking about any trees. We're not talking about bushes. We're not talking about any significant component of the landscaping. We're talking about the field the field, the general field, and maybe, the court officer can at least confirm that. I don't have any SOD. So where SOD would normally be, that's that's that's the crux of the

issue. Suggestion.

If if it's helpful, the the procedural posture of the case, this board should not revisit the finding a violation has occurred, that finding has already been made, the time to appeal that has long since passed. With that said, it is perfectly appropriate for this board to weigh the gravity of the violation in determining a reduction of fine.

Yeah. Perfect.

Thank you. Perfect. Jimmy? I see. Sweetie.

To show good faith, a $3,000 reduction, and give him sixty days.

I'll hear a motion.

Like the make that.

Oh. Yeah. I want this discussion.

So you you wanna just reduce it from the

25,000 to 3,000. So give him a little 500 on the simple interest on top of the 10% reduction. Okay. Since we gave it a break the first time.

So $3,000 all in.

Sixty days. Thirty?

Thirty days to pay. And mister Stanley, will you guarantee

Sure. Yeah. That's fine.

Go ahead. Make a motion.

Mister chairman, I'd like to make a motion of to reduce the penalty from the Mister chairman, I'd like to make a motion with respect to case number

18111624. Four.

Mister chairman, I'd to make a motion with k with respect to case number 244574. I move for finding a fact and conclusion of law that their violation no longer exists on the property and a motion to reduce the lien amount from $25,227.60 to $3,000. Respondent will have thirty days to pay the reduced amount or the lien revert back to original amount of $25,227.60.

Second. Oh,

sorry. Jumping on you.

That's incorrect. It's only 25,000.

Yeah. The lien's 25,000.

Oh, I'm sorry. That's okay. Corrections to 25,000. Gotcha.

Down to 3,000. And we have a second. All in favor? Aye. Aye. All opposed? Aye. Perfect. Thank you, mister.

Alright. Thank you. Have a great afternoon. Thanks so much.

Thank you, guys.

Thank you, everybody. Thank you for serving.

I want to hear what you're saying.

I wanted to thank mister Wagner for giving me some guidance today, which I will take humbly. Thank you. Awesome.

I'll take a motion to adjourn the meeting.

Second. Second. So moved.

Meeting's adjourned. Adjourned.