Development Services Management Group - Special Meeting

I hereby call this meeting to order. This is the Special Magistrate for the City of Delray Beach. Cases are going to be called in the order in which they appear on the agenda, unless otherwise noted. When you hear your case called, go ahead and proceed to the podium here on my left-hand side. The city will present its testimony and evidence first. You'll have an opportunity to review any evidence that the city presents and to ask any questions of the city's witnesses that you need to ask, after which time you can present your own testimony and evidence, and then I will make a decision. This is a quasi-judicial hearing, which means the formal rules of evidence do not apply here. However, all testimony is taken under oath under penalty of perjury. 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 or affirm that the evidence or the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? Yes. Thank you.

All right, please be seated. Though this is a fairly large room, believe it or not, sound travels really well in here. So if you feel the need to have a conversation or you want to talk to somebody, please take it outside the chambers. And also ask if you have a cell phone or other electronic device that you put it on silent. All right, consent agenda.

Requesting approval of the consent agenda as written.

And before we approve, I'd like to roll in case number 18, requesting that that one be postponed as well, 2021-01-02-00. All right, I'll approve the consent agenda as amended. Thank you.

I have the minutes of May 7th and July 16th. They are both hereby approved.

Thank you.

All right, we can call our first case.

Case number one, code 26, 000849. The property owner is Edrica Fernander. The property address is 215 Northwest 14th Avenue, and the code officer on the case is Chandler Ferguson.

Is anyone here on behalf of Edrica Fernander? I'm sorry, officer, please proceed.

Mic check.

All right. Good afternoon, special magistrate.

My name is Chandler Ferguson, code enforcement officer for the city of Derry Beach. Case number 26000849. This property, 215 Northwest 14th Ave., was issued a notice of violation on July 7th, 2026. Service was accomplished by certified regular mail and posted to City Hall on July 14, 2026. In addition, the property was posted on July 15, 2026. An affidavit of posting and an affidavit of noncompliance is attached in the case. I have not been in contact with the property owner. This property was cited for landscape maintenance, maintenance of building, and numbering of buildings and structure. As of August 14th, 2026, the property has not come into compliance. I have attached 14 photographs of the property to the case that I would like to introduce into evidence. This first picture depicts the structure you can see.

Are you trying to go back? Hold on.

I was trying to highlight it. It's the top. Yeah, you can see the top. It's the top one. All right. You can see the holes in the structure of the building here. This is the maintenance of the building all around. You can see the door right here. See the overgrowth? This is some closer up. Close-up photo. This is the side of the property. You can also see the damage to the side, the structure, the AC unit, and the overgrowth on the side of the property as well.

The overgrowth.

This photo, I dropped off a door hanger on July 1st, the same day. This was the re-inspection on July 7th. The property was still overgrown. No property number was posted on the property. July 15th, the property, the NOV was posted on the property. This was the affidavit of posting and mailing. And this was my inspection I did on the 17th, was the noncompliance photos.

So that starts with Exhibit 9, right? Yes. Thank you.

The property is still overgrown. You can see no property numbers are posted on the property, and the building structure is still in need of maintenance.

So 9, 10, 11, 13 through 13?

Yes, through 13, all the same from the same day of the inspection.

And just for clarification, those photographs continue to show the overgrowth and the lack of maintenance on the building, correct? Yes. Which is the siding and the wood paneling?

Yes, yes. Thank you. And the property number.

Thank you.

Missing property number, right? The missing property number, yes, correct. This is the first affidavit of noncompliance. The city is asking for an additional 30 days for them to come to compliance, which would be on September 19, 2026. If they do not come to compliance, then the city is asking for $100 a day until compliance is achieved.

And we will ask that if we can have a finding for each violation with the facts in support of it. If you want me, I can say it and you can accept, adopt it, or however you want to do it.

I can do it.

Okay, thank you.

So you said you've had no contact with the property owner? Is there anyone living out there? No. Not that you can tell? And have you seen any evidence that they've attempted to correct?

No, not. Yeah, I actually can't tell. There's a lock on the gate. You can go in there to cut the grass, but no one is there.

And you've seen no attempt to bring this property into compliance? No. And you believe 30 days is a reasonable amount of time for them to do this work? Yes. Alright, in case 26000849, I make the following findings of fact and law. I find notice is good and sufficient. I find the property in violation of the following code sections. I find the property in violation of 10.11.1.1, the failure to put There are no address characters on the building I found the property in violation of seven point eight point three the maintenance of the building has the building has holes in it and I find the property in violation of four point six point one six L1 the landscaping has been allowed to is grown beyond What is permitted under the code? I'll give the respondent 30 days to bring the property in compliance or fine of up to $100 per day measure Thank you Case number two

Code 26-000916. The property owner is Michael Coraggio and Gary Kerba. We represent a parcel number of 12-43-46-17-00-000-3040. The code officer on the case is Chandler Ferguson.

Is anyone here on behalf of the respondent in this case, Michael Coraggio and Gary Kerber? Go ahead, officer.

Good afternoon, special magistrate. My name is Chandler Ferguson, code enforcement officer for the city of Derry Beach. Case number 26000916. This property, Main Parcel 1243461700003040, was issued a notice of violation on July 16, 2026. I mean, 2026, yes. Service was accomplished by certified regular mail and posted to City Hall on July 23rd, 2026. In addition, the property was posted on July 23rd, 2026. An affidavit of posting and an affidavit of noncompliance is attached in the case. I have not been in contact with the property owner. This property was cited for parking on vacant lots, vehicle encroachment, and abandoned vehicles on private property. As of August 18th, 2026, the property has not come into compliance. I have five attached photographs of the property to the case that I would like to introduce into evidence. Exhibit 1, this is July 16th, when I first observed the violation. You can see that you have three vehicles parked on the vacant lot, inoperable vehicles parked on the vacant lot. on July 23rd, 2026. This is when I posted the property. You can see that there are more vehicles on the property, but the initial vehicles are still on the property.

This is the affidavit of posting.

which is posted on the 23rd August 19th this was the photo of a non-compliance the vehicles are still parked on the vacant lot in our vehicles property still in violation exhibit 5 this is the first affidavit of non-compliance at this time like to introduce the five view the five exhibits into evidence

So admitted without objection.

So, Mr. Ferguson, just for clarification, we're here for three violations, correct?

Correct.

So for the first one, for the 4.613B1, that is parking on the vacant lot, correct? Correct. And you've searched the records, and I believe they provided the parcel number that you were indeed able to find that this is indeed a vacant lot, correct?

Yes.

All right. And for purposes of that, the code, there's more than two vehicles on the property, multiple vehicles stored on the property, correct?

Correct.

All right. And for the second violation of 4.6.16E3, that's the landscape regulations vehicle encroachment, correct?

Correct.

And that one says that there can't be in vehicle encroachment, meaning vehicles parked on the grass on the property, correct?

Correct.

And on the pictures that you showed, if you can go back, we see vehicles parked on the grass.

Correct.

Okay. And then the last one, just for clarification, the 90.03A, correct? Correct. That one is that no inoperable or...

vehicles correct and abandoned vehicles and how are you able to obtain that the vehicles were in an operable abandoned or on or otherwise unregistered uh no tags on the vehicle or the damage the vehicles are damaged you can see uh the tire on the driver's side of that van is flat and the camaro you can see the front end of the camera on the different

Okay, and that would be Exhibit 2. You can see that there is vehicle damage, which, based on your training and experience, will lead you to believe that that vehicle is inoperable, correct? Correct. Thank you. If you can please proceed with your recommendation.

All right. As of August 18, 2026, The city is asking for an additional 30 days for them to come into compliance, which will be on September 19th, 2026. If they do not come into compliance, the city is asking for $100 a day until compliance is achieved.

Have you had any contact with the property owner in this case?

No, no, I have not.

Have you seen any evidence that they're attempting to bring this property into compliance?

No, but I have been in contact with the owners of the vehicle. And they do not live on the property, but they said they are moving them. But as far as the property owner, I have not been in contact with the property owner.

But as of your last inspection, the property is still in violation? Correct. In case 26000916, I make the following findings of fact and law. If I notice is sufficient, I find the property in violation of the listed code sections. I make specific findings of the following facts, that there are more than two cars parked on the property, that at least one of the cars is an inoperable vehicle, and that the vehicles are parked on the landscape. These constitute a violation of Code Sections 4.6.13B1C, 4.16E3, and 90.03A. I'll give the respondent 30 days to bring the property into compliance or fine at $100 per day, ma'am. Thank you.

Thank you. Case number three, Code 26-000805. The property owner is Greg C. and Maria. Marcia L. Miller. The property address is 850 Bond Way, and the code officer on the case is Chantel Jean-Baptiste.

Good afternoon. My name is Code Enforcement Chantel Jean-Baptiste for the City of Derry Beach. This property, 850 Bond Way, was issued a notice of violation on June 18, 2026. Service was accomplished by certified and regular mail on August 4, 2026. In addition, both the property and city hall were posted on August the 5th, 2026. An affidavit of posting is attached to this case. I have been in contact with the owner of property. The property was cited for 4.6.19 subsection E subsection one for vegetation removal without permits and They have applied for permits, however it's on hold, awaiting for a survey to be uploaded. And also they were cited for 2.4.13 subsection B, building permit required for a fence install. As of August 20th, the property has not come into compliance. I have nine photographs of the property to this case that I would like to introduce. Exhibit one is the initial photo showing the fence, photo taken on June 17, 2026. The lighter color fence is the fence that was installed without a building permit approved. Exhibit two is a closer photo of the fence that was installed without permit. As well, the vegetation that was removed, you can see the stump from exhibit two photo taken on June 17th, 2026. Exhibit three is a photo taken from the street view. of the same violation, the vegetation removal and the fence placement. Exhibit four is when I posted on the property on August 5th, 2026. Exhibit five is the affidavit of posting August 5th, 2026. Exhibit 25, I'm sorry, exhibit six, another photo taken of the full property taken July 25th, 2026. Exhibit seven, is a second photo taken on July 25th, 2026. Exhibit eight is taking another photo of the property stump was removed completely and the fence remained on the property without permit, taken on July 25th, 2026. Exhibit nine is an affidavit of noncompliance, August 20th, 2026. And the city is suggesting additional 30 days, which would be September the 19th, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for a $100 daily fine until compliance is achieved.

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

Sir, can you tell me your name, please? Yes, Mr. Strait. My name is Keith Kern. I'm an attorney here in Delray representing Mr. and Mrs. Miller.

I see your name is Kern, sir.

Yes, my grandfather's picture is right over there on that wall. Been around here for a few years.

So I did speak to Mr. Kern. Yes. My apologies, I just remembered that this is this particular case. Him and I spoke, and his client is willing and has started the process of submitting permits. So, you know, we were just, he was comfortable with the 30 days unless.

Yes, no, that's fine. I received today from them their owner-builder affidavit. We're going to submit the permits. I told Ms. John-Bette Peace, is that correct? Correct. That the survey was being uploaded for the Delray Garden Center is the one that removed the tree. They applied for the removal permit and apparently didn't submit a survey with it, so that's being uploaded. As long as we'll apply for the permit for the fence, just for your information, the fence has been there for a long time. There was a fence permit back in 2020. That new section is a new section, but it's in the identical location. My clients were not aware that they needed it. They thought they were just repairing a dilapidated fence. We're not aware at the time that they needed that, and they're willing to apply for another permit. And as long as the city will issue it quickly, we can comply within 30 days.

Just for the record, do you have any objections to the photographs or documents the city would like to put in evidence? All right. Without objection, so admitted. And is 30 days a sufficient amount of time for you to bring this into compliance?

I don't know how quickly the permit turnaround will be. We can submit it by next week, but will the city reply that quickly?

One moment, Mr., if you can state your name.

Joe Smoliva, Code Enforcement Supervisor. As I looked this morning to see if any permits were applied for, and the fence was not. No, it wasn't. Yeah, so I don't know if the 30 days is going to be enough for that. And also, too, the two LDR permits. They put in two applications for the trees because it was a bunch of trees that was removed from the property. But both of them are on hold and one was from March.

Well, Ms. Jean-Baptiste mentioned the other day to me that it was because a survey was not uploaded when Delray Gardens. So that's either being done right now or has been done already today.

Yeah, the comments was please upload the market survey of where the trees are being removed. But the trees were already removed, though. I understand.

So with that being said, do you think 30 days is sufficient?

I'm going to save us the discussion. I'm just going to make it 60 days.

As long as the council can assure me that they will move with all expedience to bring this into compliance Yes, and like I said, I received today by email the owner builder affidavit to be submitted.

So yes In case twenty six zero zero zero eight zero five I make the following findings of fact and life I notice is sufficient I find that trees were removed without a permit in violation of four point six point one nine e one and I find that a fence was installed without a permanent violation of two point three point one three B and I'm going to respond in 60 days to bring the property in compliance or a fine of up to $100 per day on the issue. Thank you for coming. Thank you very much.

Thank you. Case number four, code 26000833. The property owner is John Sineas. The property address is 313 Southwest 11th Avenue. And the code officer on the case is Supervisor Latoya Thompson.

Before you get started, is anyone here on behalf of John Sineas? Go ahead, ma'am.

Good afternoon, Special Magistrate. My name is LaToya Thompson, co-enforcement supervisor for the city of Delray Beach. I'm here regarding property 313, Southwest 11th Avenue, Delray Beach, Florida, case number 2600833. This property received a courtesy notice on June 29, 2026 for maintenance of building required and landscape maintenance. The property was given five days to comply with the violation. An inspection was conducted on July 2nd, 2026, and the property was still in noncompliance. A notice of violation was issued July 2nd, 2026. Service was accomplished by certified and regular mail posted to City Hall on July 7th, 2026. Additionally, the property was posted on July 6, 2026, an affidavit of posting and mailing and first affidavit of noncompliance is attached to the case. I have not been in contact with the property owner. This property was cited for 4.6.16 subsection I subsection 1, minimum maintenance, overgrown landscape on the entire property, as well as the city's right of way. Trees and hedges needed to be trimmed.

If you have a phone or other device, please put it on silent. I'm sorry. Please continue.

And also cited for 7.8.3, maintenance of building for a damaged fence, unsecured and damaged facial boards. As of August 20th, 2026, the property has not come into compliance. I have attached 11 photographs for the property to the case that I would like to introduce into evidence. Exhibit one, taken on July 1st, of the property. That's the address on the, I believe a mailbox, and the overgrown property. Exhibit two, another angle of the property with the trash, the debris from the vegetation and overgrown grass.

And then you also have like the brick wall, the...

Yeah, the brick, yeah, maintenance of the wall or whatever that's supposed to be, a site wall. This is just a close-up, Exhibit 3, of the property of some damages done to the building. And the fascia board? Fascia, well, yeah, I'll show that. Okay. Exhibit 4 is the fence. This is in the back, in the alley of the back of the property and overgrown grass. Exhibit five is a close up of the facial board. This was taken on July 6th. And also the posting of the property as well. This is an affidavit of posting, exhibit six. Exhibit seven is a re-inspection on August 12th. Property still hasn't came into compliance. Exhibit 8 is close-up of trash and debris in the side of the house. Exhibit 9, the fence is still damaged, and this was all taken on August 12th, these next photos. Exhibit 10 is a close-up of the facial board and the grass, damaged fence. Exhibit 11 is an affidavit of noncompliance. The city is asking for an additional 30 days, which will be September 19th, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for a $100 daily fine until compliance is achieved.

Did you say September 19th?

September 19th.

Then we can please have the exhibits move into evidence.

Without objection, so admitted. Officer Thompson, do you believe 30 days is an sufficient amount of time for them to bring this into compliance?

Yes.

And you said you had no contact with the homeowner? No. Have you seen any evidence that they're attempting to bring this into compliance?

No.

This just looks like an abandoned property.

So the original officer who did this said allegedly the neighbor said it's a city employee.

Well, let's not go with any hearsay at this point. OK. Yep. That's all I know. OK. All right. In case 26000833, I'll make the following findings a fact. In life, my notice is good and sufficient. I find the property in violation of 7.8.3, the maintenance of buildings, specifically the fence and facial boards, need to be repaired. I find the property in violation of 4.6.16I1. The property has overgrowth. It's not being maintained and has litter and debris on it. I'm going to give the respondent 30 days until September 19, 2026 to bring the property in compliance or a fine of $100 per day, ma'am.

Thank you. Case number five. Code 26. The property owner is Nikki Rizzi. The property address is 108 Northeast 19th Street. And the code officer on the case is Supervisor Latoya Thompson.

Good afternoon, special magistrate. My name is Latoya Thompson, co-enforcement supervisor for the city of Delray Beach. I'm here regarding property 108 Northeast 19th Street, Delray Beach, case number 2600834. The property was issued a notice of violation on July 2nd, 2026. Service was accomplished by certified regular mail and posted to City Hall on July 7th, 2026. In addition, the property was posted on July 6th, 2026, an affidavit of posting and mailing and first affidavit of noncompliance is attached to the case. I've had been in contact with the property owner This property was cited for 2.4.13 subsection B, work without permit for installing pavers. As of August 19, 2026, the property has not come into compliance. I have attached seven photos of the property to the case that I would like to introduce into evidence. Exhibit one is a wide angle shot taken on July 2, 2026. Exhibit two is another shot of the pavers taken on July 2nd, 2026.

Exhibit three is a closeup shot taken of the pavers on July 2nd, 2026.

Exhibit four is another backed out wide shot of the pavers taken on July 2nd, 2026. Exhibit 5 is the posting of the property taken on July 6, 2026. Exhibit 6 is an affidavit of posting. Exhibit 7 is a noncompliance affidavit. The city is asking for additional 60 days, which would be October 19th, 2026, for the property, for them to come into compliance. If they do not come into compliance, the city is asking for a $100 daily fine until compliance is achieved.

Is there anyone here on behalf of the respondent in the case, Nikki Rizzi? You want to submit those in evidence?

Yes.

Without objection, so admitted. Officer Thompson, the work done here is the work that a normal course of business is one that would require a permit? Yes. And as of the last time you checked, no permit had been filed?

It's on file. They're waiting on an engineering report to be submitted.

You believe 60 days is the sufficient amount of time to get this permit issued?

Yes.

In case 26000834, I make the following findings of fact and law. If I notice this efficient, I find the property to be in violation of 2.4.13b, specifically the installation of pavers without a permit. Respond that at 60 days to bring the property into compliance or find the amount of $100 per day in the issue.

And I just wanted to put on the record, Ms. Thompson did provide me with communications from the property owner to the city. stating that they would ideally need an extension of about 60 days to ensure that they have enough time to complete the engineering report, perform the necessary paper modifications to secure the final approval, because they are away. So just for clarification, they were aware of the hearing, and they responded. Thank you.

Well, they got through 60 days.

Thank you.

Case number six. Code 26-000869. The property owner is Mustafa Posada. The property address is 218 Southwest 11th Avenue. And the code officer on the case is Supervisor Latoya Thompson.

Good afternoon, special magistrate. My name is Latoya Thompson, co-enforcement supervisor of the city of Delray Beach. I'm here regarding property 218 Southwest 11th Avenue, Delray Beach, case number 26.000869. The property was issued a notice of violation on July 9, 2026. Service was accomplished by certified regular mail and posted to city hall on July 14, 2026. In addition, the property was posted on July 13th, 2026. An affidavit of posting and mailing and first affidavit of noncompliance is attached in the case. I have been in contact with the property owner. This property was cited for 2.4.13 subsection B, building permits, installing windows and doors without permits, and 4.6.19 subsection E, subsection 1, vegetational removal for removing a dead tree. As of August 19, 2026, the property has not come into compliance. I have attached six photos of the property to the case that I would like to introduce and to have evidence. Exhibit one is a photo from Google Maps showing the dead tree and also the property. Exhibit two, taken on July 8th, is the property with the windows and doors and also the empty patch. Yeah, let me see.

You have to, it's the top one.

You have to hold it down. All right, there. In this vicinity, the tree. Exhibit three is the posting of a property, July 13th. Exhibit four is the affidavit of posting. Exhibit five is a re-inspection taken on August 12th. Windows still installed and trees still missing. And Exhibit 6 is the affidavit of noncompliance. The city is asking for an additional 60 days, which would be on October 19, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for $100 daily fine until compliance is achieved.

Officer Thompson, what is the concern about the landscaping?

The removal of the dead trees. It needed a permit. It was cited for 4.6.19 subsection E subsection 1.

Let's go back to the exhibit so we can show. Where were the?

I'm talking about 4.6.16. I want. 4.6 point. Minimum maintenance.

We're in case number four, correct?

Okay.

That part came into compliance.

That came in, yes.

Thank you. So we're only proceeding on the one.

Only the two, yeah, only two.

So the vegetation removal permit.

And the building permit.

The numbers on the buildings, it looks like there was a number on there.

Yeah, that came into compliance.

And is the building permit just the removal of the tree?

The building permit is for the windows and the doors. Windows and doors. Yes.

You assume the city wants to submit those documents and photos and evidence? Yes. Sir, can you tell me your name, please? Excuse me? Can you tell me your name, please?

Azhar Pirzada.

And you're the owner of the property, sir?

Well, actually, my son is the owner of the property, you know, and he's a physician, you know, and he could not be here today, you know. So I'm his dad.

Does he know that you're here for him?

Yes, exactly.

Do you have any objections to the photos or documents?

I do not have any objection, but just to give you some idea.

Hold on one second. I promise I'll let you tell me everything you want me to know. But for the record, I'm going to accept the photos and documents and evidence as the city's exhibits. All right. Go ahead, sir.

I think, you know, there were only one thing that we had not complied with, you know, is somehow we had put, you know, doors on glass. And my son signed a contract, you know, with them on April 18th. And he paid them $650 for applying the permit. According to this guy, you know, he said the permit was lost, you know, and he replied it and he sent me some document here where it's saying, you know, that he, I don't know if you can.

Can you show that to the code officer?

Yes.

Just give us one moment. We're just double-checking our system and the documents you provided. If you may just give us a moment to verify.

Do you want to take a brief recess? Do you need time?

Yeah, I mean, if we could take a two-minute recess, it doesn't have to be long.

We're going to go off for a couple of minutes.

So the permit was applied for however is currently in resubmit and responds so that means the applicant or the person who applied has to respond to the comments and they're waiting on The wind load table pressure requirement for the windows and, you know, for the... How long has the city been waiting on a response? The comment came in on the 18th.

So recently?

Recently, yes.

So that's the windows and doors. What about the tree? No permit for the tree, right?

Well, I've been in communication, I believe, with someone. Can I speak?

Yes, go ahead. Actually, I hired, you know, Atlantic Landscaping and Design, you know. And he sent me a message today that he submitted the permit, you know, for this dead tree. We didn't realize that it was a dead tree. What I mean is, as you can see even in the picture, you know, what I mean is you can tell by looking at it, you know. I don't think the city is debating that it had to be removed. I just think they wanted a permit. Didn't realize that you need a permit for a dead tree, you know. So that was our mistake, you know, but we are trying to correct it, you know, now.

What remedies is the city seeking here?

The city is asking for additional 60 days, which will be October 19th, 2026, for them to come into compliance. If they do not come into compliance, the city is asking for $100 daily fine until compliance is achieved.

60 days seems like plenty of time, Mr. Perzano.

Thank you very much. I hope that's enough because I have absolutely no ideas how the permits are applied. When I talk to these people, some people tell me, I have applied an air conditioning permit for almost more than a month. And what I mean is they told me that they need some additional information on the drawings. And then they told me that they need an electrician to submit the permit. So what I mean is...

It doesn't seem like that's going to be an issue.

I don't know the actual details.

Well, I mean, in the event that the time expires and it's the fault of the city or somebody else, you can come explain it to me. But I think you'll be fine. Okay.

Thank you very much.

I appreciate it. Case 26000869. I make the following findings of fact and law. Property in violation of 2.4.13B. The building permits are required for the new windows and doors. And 4.6.19E1, specifically a tree, was removed without a permit. I'm going to give the respondent 60 days to bring the property in compliance or a fine of up to $100 per day, Mayesh. Thank you.

Thank you. Thank you. You're welcome.

Case number seven. Code 26-000-947. The property owners are Emma M. Strayhorn Estate. The property address is 125 Southwest 10th Avenue. And the code officer on the case is Supervisor Latoya Thompson.

Good afternoon, Special Magistrate. My name is Latoya Thompson, co-enforcement supervisor for the city of Delray Beach. I'm here regarding property 125 Southwest 10th Avenue, Delray Beach, case number 26.00947. This property received a courtesy notice on July 15, 2026 for landscape maintenance. The property was given five days to comply with the violation. An inspection was conducted on July 21, 2026. The property was still in noncompliance. A notice of violation was issued July 21, 2026. Service was accomplished by certified regular mail and posted to City Hall on July 22, 2026. In addition, the property was posted on July 23, 2026. An affidavit of posting and mailing and first affidavit of noncompliance is attached to the case. I have not been in contact with the owner. This property was cited for 4.6.16 subsection I, subsection 1, minimum maintenance required, overgrown landscape and loose trash. As of August 20th, 2026, the property has not come into compliance. I have attached seven photos of the property to the case that I would like to introduce into evidence. Exhibit one, July 21st, 2026. It's a live shot of the front of the property. Also the mailbox has the numbering. Loose trash and debris from just wherever and from the landscape. Exhibit two, July 23rd, posting of the property. Exhibit three is the affidavit of posting. Exhibit four is a re-inspection that was conducted on August 8th, 2026. Another photo was taken same August 8th for re-inspection. Exhibit six also another photo August 8th, 2026 for the re-inspection. Grass is still the same trash. Exhibit 7 is an affidavit of noncompliance.

And for the photographs, could you please describe the lack of maintenance on the property?

Lack of maintenance is overgrown grass. This is going back to re-inspection August 8th.

Trash, debris.

Trash, debris.

If you go back to the other pictures, there's a bicycle or something there as well.

Yeah, that's outside.

Yeah.

Bicycles and things. Other trash that was accumulated there, loose trash, debris from the vegetation, dry leaves.

Thank you. At this time, the city would like to move the seven exhibits into evidence.

So admitted, is anyone here on behalf of Emma M. Strayhorn Estate? What remedy were you seeking?

The city is asking for an additional 14 days, which will be September 3rd, 2026, for them to come into compliance. If they do not come into compliance, then the city is asking for a $100 daily fine until compliance is achieved.

Do you believe that time period is sufficient for someone to bring this property into compliance?

Yes.

Do you have any contact with the homeowner? Nope. Have you seen any evidence that anyone is attempting to bring this property into compliance?

No.

Case 26000947, I make the following findings a fact. And while I find notice is sufficient, I found the property in violation of 4.6.16L1. Specifically, the vegetation is overgrown and needs to be trimmed. And there is trash and debris screwed on the property. Respondent has 14 days to bring the property in compliance. We're fine with $100 per day, ma'am.

Thank you. Case number eight. Code 26-000. Hold on one second.

You said $500 or $100? $100 per day.

Okay, okay. I thought you said $500.

Sorry, Madam Clerk. We were trying to correct. I believe Ms. Thompson had a follow-up question regarding the last case.

For the record, on case 26-000-947, the fine amount would be $100 per day beginning on September 3rd and continuing until the property comes into use.

Thank you. Thank you. Case number eight, code 26, 000904. The property address is 801, I'm sorry, the property owner is 801 Bond, LLC. The registered agent is Howard Hassman. The property address is 801 Bond Way. The code officer on this case is Randell Strong.

Good afternoon, everyone. My name is Randell Strong, code officer, City of Delray Beach. Here with case number 25-094. In reference to the property 801, Bond Way, for erosion and sediment control, construction of demolition sites, and landscape maintenance in general. This case was... This case was certified, a common certified mail sent on July 17th, 2026. The green card was not signed in addition to both the city and the property was posted to the property on July 20th, 2026. And the affidavit was posted and attached to the case files as well. I have not been in contact with the property owner. The property was cited for erosion and sediment control method, construction and demolition sites, landscape maintenance general. On July 13, 2026, code officer myself was informed by code admin that the property at 801 Bond Way is in violation of 4.6.17, erosion and sediment control 51.45, subsection 8, unkept construction site and landscape maintenance 4.6.16, subsection I and subsection 1. On August 19th, as of yesterday, the last re-inspection was conducted. And today, August 20th, the property has not come to compliance. I have attached 10 photographs of the property to the case I would like to introduce as evidence. Exhibit one shows the property itself not secure. We have dirt, debris, or dirt that's on the exterior of the property. This is the west side of the property.

And if you can go back, just for context, this was taken on July 13th.

This was taken on July 13th, 2026.

And when you say lack of erosion control, what's supposed to be there to prevent this huge mound of dirt from exiting onto the roadway or off the property?

We're supposed to have a sealed fence around the property to secure this from happening.

So there's a lack of a silt fence. Yes. Similar to on exhibit 2.

Yes, exhibit 2. This was taken July 13, 2026. This is a photograph. Depending, same thing, but they do have a silt fence, but it's unsecure and it needs to be secured properly.

Is that on a different side of the property or is it in location?

This is the north side of the property.

Okay, thank you. So it's not that same area that we saw?

Not the same area.

Tell me specifically what's wrong with the fence.

The fence is broken. It's not secured properly. Is it leaning? It's leaning. It's leaning out. And the seat lining needs to be pinned back up to the fence. going on to Zeb number three this is taken on July 13 2026 as well this is the north side of the property as well same thing the we have loose debris on the outside of the property and also the landscape needs to be cut along with the fence needs to be secure this is it before this is also the north side of the property just showing that they do have The proper lining of the fence. This is also taken on July 13, 2026. And just have loose debris in front of the property. This is zip and fire. This is on the west side of the property as well. This is another angle of the property that's taken. Taken on July 13, 2026. Shows the dirt. No fence secured. No fence lining. Silt lining fence on the west side of it. Zip number 6, we have landscapes that need to be cut, taken on July 13th, 2026 as well, and loose debris. Zip number 7 shows the portion of the property that was taken on July 20th, 2026.

And you can still see that the fabric is falling off of the fence.

Yes, it is. And this is the affidavit of the portion taken on, this is zip number 8. And this is taken on August 19th, 2026. This shows the wide view of the property. As you can see, the landscape, these silt fences, and also on the west side of the photograph shows the same thing as the previous picture.

The fence doesn't go around the property. No, it doesn't.

Ms. Ibertin shows the affidavit of first noncompliance.

And the compliance date was actually 8-6, correct? So as of the compliance date, the corrections were not made.

Exactly, yes.

Does anyone here on behalf of the respondent, 801 Bond, LLC?

And if you could just so we're clear, because if you look at the last exhibit, it looks a little better. So if you can just tell us what's still out of compliance with the property.

Out of compliance is the landscape. And it needs to be cut around the tree. And also on the west side of the property, that self-fencing needs to have the dirt removed or have that covered by the fence or secured by the fence.

What about 51.45A, the debris on the property? Is that cleaned up?

They did, most of it, but I can't see it with those on the left, on the right, on the west side of the property. There's still some trash and debris. I can't see it because of those. But you did see it? Yes, I saw it.

And the city still wishes to pursue a violation under that section?

Yes, we do.

Yes.

The city has asked for 14 days for compliance by September 20th. If the plan is not achieved, we're asking for $150 to the city until the plan is met. Sir, how much were you seeking? $150 daily.

And when is 14 days, August 20th?

That'll be September 20th.

14 days.

That's not 14 days. I'm sorry. I got you in one day. 14 days. I'm sorry. That'd be August.

It'd be like September.

September 3rd.

3rd? Yeah. Yes. Don't make me do mental math. Have you had any conversations with the construction company and the owner?

As of now, no conversation has been had with the GC or one of the guys working with the guys that's on the confessional site.

Nobody responded to your notice?

Nobody has noticed. Took the notice, but no response.

Okay. All right. In case 26000904, I make the following findings of fact and law. If I notice is sufficient, I found the property in violation of 4.6.17D2. Specifically, there needs to be a properly installed silt fence around the... property and around the construction zone. I find the property in violation of 51.45A. The property needs to be cleaned up and the trash and debris needs to be removed. And I find the property in violation of 4.616L1. The landscaping needs to be maintained, trimmed, and consistent with the requirements of the city. The respondent has 14 days to bring the property into compliance or by September 3rd or a fine of up to $150 per day, my issue.

I1.

Is it I1?

I1, yes.

Thank you. Case number nine, code 26, 000894. The property owner is Centennial Investment DLABHLLP. The property address is 801 Southeast 6th Avenue. And the code officer on the case is Rubenson DeJayden.

Good afternoon, special magistrate. My name is Rubenson Dijardin, court officer of the city of Derry Beach. I'm here regarding court case number 2600894, business tax violation located at 801 Southeast 6th Avenue in Derry Beach. Florida, on July 10th, 2026, Code Enforcement was informed that the business was operating without a business tax receipt. The business was given 30 days to comply with the violation. An inspection was conducted on August 18th, 2026 and the property was still not in compliance. A notice of violation was issued on July 10th, 2026. The dental business was operating without a PTR license which constitutes a violation of city code section 110 of the land development regulations of the city of Derry Beach. A BTR license is required in the city. I have had contact with the business office manager. A formal hearing A notice of formal hearing was met in first class and certified met on July 13, 2026 with the compliance date of August 11, 2026. The notice of violation was posted to the property on July 10, 2026. I have four exhibits I would like to introduce as evidence. Exhibit number one, just showing you the business address and that plaza, 801 Southeast 6th Avenue. Exhibit number two, just showing you that I posted the property on Friday, July 10th, 2026. Exhibit number three, just showing you the affidavit of posting. That was on July 10th, 2026. Exhibit number six, just showing you the non-compliance affidavit.

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

Sir, can you tell me your name, please? Hi, I'm Jonathan Taylor. On behalf of the respondent, your honor.

I'm sorry, six exhibits.

Mr. Taylor, are you an attorney?

Yes, your honor.

Mr. Taylor, do you have any objections to the documents or photos the city would like to put in evidence?

I was only going to comment on that. Other than that, no objection.

So admitted. So no BTR. Why not? Well, hold on a sec.

Let me see what the answer is here. Yes, Your Honor. Unfortunately, my client was unaware that it was in violation. As soon as it found out on July 10th, it took action to get the application. The problem is that my client needs a biowaste operating permit in order to get the BTR. And the current biowaste operating permit is in the former name of the owner of my client's dentist's office. So my client's working on getting that biowaste operating permit switched over to the new name. Because of that, we can't fill a successful application. Other than that, we hopefully would be in a better spot by now.

How much time do you need?

I spoke with my client. We're seeking as much time as possible just because we don't know how long it's going to take to get the fire waste operating permit. So as much time as this court, Your Honor, will allow.

Not a court.

My apologies.

I can't put as much time.

You have to ask for something. 90 days.

So I did speak to the code enforcement supervisor and staff in here. We think 60 days would be more appropriate. considering the complexities.

Why 90 days? A long time.

My client's just not certain how long this is going to take, and I'm just out of the abundance of caution. I'm grateful for them, you know, wanting to give 60.

Maybe I should hear from your witness.

Magistrate, we spoke with the business tax administrator, and they were saying 60 days is more than enough time, and I also have one of the business tax offices here.

Yeah, that's a – the bio-waste permit is issued by the county health department. So we don't have control of the time frame and when that can be issued. Hopefully sooner than later, but I think 60 days is sufficient amount of time to obtain it. I'm sorry, Ricky DeFino, business tax inspector, State of Delaware Beach.

And Joseph Oliva, code enforcement supervisor. My fault.

Thank you.

Mr. Taylor, I'm going to make it 60 days. If you can't get it because it's not your client's fault, the county is not issuing it, or for whatever reason, you can come explain it to me at the noncompliance hearing. But it seems to me I'm going to rely on the expertise of the city here that 60 days should be sufficient. I don't think there's any debate that your client needs a BTR.

No debate, Your Honor.

All right. So I'll give you the 60 days. What was the fine you were seeking here?

Well, actually, the city is asking an addition of 60 days, which is October 20th, 2026. Oh, 60 days, which is October 19th. My correction on that. 60 days will be October 19th, 2026 to apply for a PTR license or $100 thereafter. Does it apply or

Obtain.

Well, apply and obtain a BTR license.

They've already applied, so. Obtain. Yeah, obtain. Okay. My bad. All right. Case 26-000-894. I make the following findings of fact and life. I notice it's sufficient. I found the property in violation of 110.02. Specifically, the respondent needs a BTR to continue in business in Delray Beach. Respondent has 60 days until October 19, 2026 to bring the property in compliance or a fine of up to $100 per day. May issue. Thank you, Mr. Chairman. Thank you, Your Honor.

Thank you. Moving on to non-compliance of board order and assessment of fine cases. Case number 10. 2023-016-418. The property owner. Is Mario R. and Eloise Belorge. The property address is 524 Angler Drive. And the code officer on the case is Chantel Jean-Baptiste.

Good afternoon. Code enforcement, Chantel Jean-Baptiste with the City of Delray Beach. Originally property 524 Angler Drive. found in violation on January 25th, 2024 for an unlicensed vehicle stored on property. Ruling was 30 days to remove unlicensed vehicle for $100 daily fine. Compliance date was February 24th, On June 13, 2024, a lien and continual fine was ordered by Code Enforcement Board in the amount of $13,900. On February 13, 2025, a lien and continual fine was ordered by Code Enforcement Board in the amount of $24,500. On July 10, 2025, a lien and continual fine was ordered by Code Enforcement Board in the amount of $14,700. A re-inspection was conducted on August 12, 2026, and the case is still out of compliance. I have photos to present to magistrate, and I would like to introduce these photos as evidence. As of August the 20th, 2026, there is an occurred fine of the amount of $40,600. The city is suggesting to lien the property in the amount of $40,600 and to continue a daily fine of $100 daily until compliance is achieved.

So here's a reminder of the violation, the photographs, the previous violations.

Exhibit one was the posting on property on July 8th, 2026. Exhibit two is affidavit of posting on property. Exhibit three is June 28th, 2026, showing the vehicle is still on the property, hasn't been removed off the landscape. Exhibit four is showing the complete property and the vehicle still on the property. It's not in compliance. Exhibit five, showing the vehicle is still on the property. That was the last re-inspection done on August 12, 2026. These are my photos I would like to submit into evidence and non-compliance affidavit for August the 12th, 2026.

So a total of six exhibits.

Is anyone here on behalf of the respondent, Maurico Luis Belorge? Without objection, I'm going to admit the six exhibits into evidence. How long has this thing been running?

2023.

All because of that car sitting there the whole time?

Correct.

Have you been able to talk to this person at all?

The day of posting, I went to knock on the door, and no one came to the door. I haven't had contact with anyone.

I'm getting the feeling that maybe the running lien is not motivating them. So you're looking for another $40,600? Is that the total amount or is that the amount that has it?

The total amount as of today, $40,600, and to continue a $100 daily fine until compliance is achieved.

All right. Case 2023-016418. I make the following findings of fact and law. I find notice is sufficient. I find the property continues to be in violation of 4.6.16E3. Specifically, there is a vehicle parked on the landscaping. I hereby lien the property in the amount of $40,600 and continue the fine of $100 a day until the property comes into compliance.

Thank you. Case number 11-2024-001-960. The property owners are Joseph Ananisette Pettifre. The property address is 2577 Dolphin Drive, And the code officer on the case is Chantel Jean-Baptiste.

Good afternoon, court enforcement. Chantel Jean-Baptiste with the city of Derry Beach. Property 2577 Dolphin Drive originally was found in violation on November 14, 2024 for unpermitted plumbing work completed on the property. Given 45 days to apply and attain all approved permits for $150 daily fine. On March 13, 2025, a lien and continual fine was ordered by Code Enforcement Board in the amount of $17,700. a re-inspection was conducted on august the 12th 2026 and this case still is out of in compliance i have photos to present to magistrate and would like to introduce photos as evidence and as of august 20th 2026 there is in the fund occurred of seventy eight thousand four hundred and fifty dollars the city suggested to lean a property in the amount of seventy eight thousand four hundred and fifty and to continue a daily fine of $150 a day to compliance with the cheat. And I would also like to mention that on August 14th, 2026, I've had contact with the owner of the property via phone and translated in Haitian Creole and informing him of the fines that was occurred. And this case was adopted by previous code enforcement, Julia Kahn.

Okay, if you could just show some old photos to refresh them.

Just before we go there, sir, can I have your name, please? Carice Petit Freire.

C-A-R-I-C-E. Last name Petit, P-E-T-I-T-F-R-E-R-E. What is your relation to Joseph and Seth? They are my parents.

Okay, hang on one second. Go ahead.

You can just describe the old photos and quickly go through the new ones.

This was an original photo when they issued a notice of violation for plumbing work. employment work being done in the restroom if you could you could probably just i don't know if you'll mind mr wagner just she should just scroll through the old ones they're already in evidence right okay on june 28 2026 is exhibit one showing the full property exhibit two was a posting on the property on july 8th 2026. exhibit three is the affidavit of posting july 8th 2026. exhibit four Another re-inspection, exterior property, and check the permit screen out of compliance. Exhibit 5 is non-compliance affidavit as of today, August 20, 2026.

I'd like to introduce 5 as a citizen to evidence.

Mr. Petit-Frier?

Yes, sir.

Do you have any objections to the photographs or documents?

Yes, I do, because this issue has been resolved more than a year ago. We came here, we came to multiple meetings, and whenever we needed any extension, we requested it. We hired a plumbing company who went to the property, they fixed the issue, they applied for the permit. I'm not sure what happened to the permits that we had applied for. We came to every meeting. We presented our case. We believe that we were notified that everything has been resolved. In addition, we were never made aware of the fine that we've been charged. If you're going to find me a fine, let us know. Give us an outline because none of that information was ever shared with us until now.

How is notice accomplished in this case?

were they received the original notice um their first class email and as well posted on a property and yes they did apply for permits what happened was it was it was not approved because they had to when the when the plumbing inspector went to inspect the property they had sealed the hole they were unable to complete the to proceed to comply the uh permit because They needed to inspect. They couldn't inspect. So the engineering, they needed to submit an engineering letter in order to have the plumbing inspector proceed. Because when they went for the final inspection, they weren't able to.

It was closed. So they needed either to open it up or get a letter from an engineer saying that it was installed properly.

That's why it's not in compliance.

I don't mean to interrupt. We were notified that everything was fixed, everything was correct.

How were you notified? Do you have documentation you can show me?

No, when we came, when we called them, they notified us everything has been resolved. We did everything that the city asked us to do. We attend every meetings. We reply to every phone calls. We never miss any calls. meetings or anything. Whenever they get in touch with us, I mean, contacted us, we replied the same day or the day after. We made every effort to resolve this issue.

Were you there when the inspector came by and basically indicated that they couldn't comply because of the whole seal?

No, I wasn't there. I was not there. But we made every effort to resolve that issue. Because one thing that the city should have informed us about the process of filing the lien

if we've been in communication every every sir every hearing like this hearing they're all noticed they're posted their mail to the address listed on the tax collectors it's it's in the file every single time I sir they follow the same procedure they do the exact notification they're supposed to notice in the beginning of every case they go through exactly what they did they mailed it they certify mailed that they posted the property they posted here every hearing so this is what I need

If the officer can give us an outline, the process of getting this issue resolved, because the license that was denied, we never received any notice regarding that. So if they can give us an outline, what's new to be done, we can get that address.

It's not an outline. You need a permit. The permit wasn't issued. The officer already said it right on the record. The permit wasn't issued because the inspector couldn't inspect. So you either need an engineering letter from an engineer saying that it was installed properly, or you need to reopen it so the inspector can see it.

did submit that engineer engineering letter we did submit that we don't have it on file magistrate um what it shows in the permit section it it says the re-inspection required it was on 415 2025 it said inspection request an engineer letter will be required for the final plumbing inspection as this work was concealed and nothing was done after that

seen that engineering letter that we submitted was never received it i it's not in the file usually if it's something gets submitted they would put it in the file so nothing is in the file on that okay i mean that's an easy thing if they have an engineering letter they submit it to staff and then you know if he wants to come back later and ask for anything any other relief then you can do that but at this point the city's position is the property still have compliance

Mr. Petitfrey, this is what I'm going to do. I'm going to lean the property because it still exists and because the city doesn't have the letter. If you have the letter, deliver it to the city, and there's a process that the code officer can explain to you to reduce the fine. But I can't do anything about reducing the fine until the property is in compliance. And as I sit here right now, the property is not in compliance. not compliance because you don't have an engineering letter or completed inspection to issue the and there's really not there's not much i can do to help you here all right that's fine sir thanks again for your time all right In case of 2024-001960, I'm going to make the following findings of fact and lie. If I notice sufficient, I find the property still in violation of 7.1.4 C1A. Specifically, a permit is needed for the plumbing work installation that still hasn't been closed. I hereby lien the property in the amount of $78,450, continuing at $150 per day.

Thank you. Case number 12. Code 26-000-599. The property owners are Mary R. and Blavet Barthelemy. The property address is 5195 Northwest 6th Street. And the code officer on the case is Chantel Jean-Baptiste.

Good afternoon, Code Enforcement Chantel Jean Baptiste, Code Enforcement Officer for the City of Derry Beach. Property 5195 Northwest 6th Street, originally found in violation on May 21st, 2026 for 2.4.13 subsection B for a building permit for an addition bill to the real property. The property owner was given 30 days to comply or a daily fine of $100 be imposed. A re-inspection was conducted on June 25th, 2026. The property is not in compliance. As of August 20th, 2026, the property occurred a fine in the amount of $6,000. The city is suggesting to lien the property in the amount of $6,000 and a continued daily fine of $100 a day until compliance is achieved. And I would like to submit these photos right here.

So you can click through the old photos.

These, the old photos, the front of the property. This is showing the addition to the rear of the property. It was granted access from the neighbors. These are the photos taken on March 2nd, 2026. Let's go through them. On June 26, 2026, I've posted a notice of violation on the property, Exhibit 1. Exhibit 2 is an affidavit of posting on June 26, 2026. Exhibit 3 is showing the property, photo taking of the property, front of property on August 14, 2026. Noncompliance affidavit as of today, June 20, 2026, and still not in compliance, August 20, 2026.

And then one of those exhibits that shows that the addition is still there. You saw that the addition is still there.

yes it's still there the owner of property she did apply for permits however i spoke with her a month ago and she needed to submit plans and as well she needed to submit a survey of the property so the permits can proceed and nothing has been done from the last time i spoke with her sorry ma'am can you tell me your name and the name of the person with you marie bartolini she's also maybe

You're both Marie Bartomeu? Yeah. Which one of you is the owner of the property?

She is.

She is. Okay.

Does she need a translator? Has she understood everything that's happened in the hearing so far? Yeah, she does. Okay. Does she need a translator?

Does she need a translator?

Can you ask her if she has understood everything that has happened so far in the hearing?

No.

We're going to start over with the translator. If you want to transfer for her, you can, however you want to do it. Or if you want an outside, if you want a staff member, just let us know. You want a staff member?

Okay.

We have to start over. Can you explain to her that we're going to recall the case and start over so that we can make sure that she understands everything that is happening?

Madam City Attorney?

Can I finish, please? Okay.

And I think we have to swear you in and then we'll recall the case. And then if we can swear in the witness and then swear in the translator. Okay, Madam Clerk. Do you swear and affirm that the testimony you are about to give is the truth, the whole truth? Nothing but the truth.

Thank you. So for you, as the translator, do you swear or affirm that you will translate a fair and accurate interpretation? Yes, I do. Thank you.

Okay. We have to redo everything. So we're going to translate verbatim. You may proceed. And just take a pause between every phrase.

Good afternoon.

Code enforcement, Chantelle Jean-Baptiste.

With the city of Derry Beach. Originally. So now. 5195 Northwest 6th Street. It says address that you live in by last 51. 95. Put it on the screen for me, please. Put it on the screen?

Yeah. Okay.

Okay. Found in violation of... On May 21st, 2026. For...

2.4, 2.4, 2.13b, 2.13b, building permit, for an addition built to the real property.

The property was given 30 days to comply. or a daily fine of $100 to be imposed. A re-inspection was conducted on June 25, 2026. The property is not in compliance. As of August 20th, 2026. August 20th, 2026.

August 20th. August 20th.

The property occurred a fine.

Occurred a fine in the amount of $6,000. $6,000. $6,000.

The city suggests.

Lean the property in the amount of $6,000.

And continue daily fine. $100 until compliance is achieved. The owner of property applied for permits, building permits. But they have to submit plans.

How the structure will be built. As well, they need to submit a survey of the property.

Okay.

So we are going to quickly scroll through old pictures of the violation.

And now we have a new exhibit. Madam Code Enforcement Officer, if you could please describe the new exhibits in order. On June 26, 2026, I posted on property a notice of violation. Exhibit 1. Exhibit 1.

Exhibit 2 is an affidavit of posting and mailing on June 26, 2026.

Exhibit 3 is a photo taken of the exterior of property on August 14, 2026. Exhibit 3 is an affidavit of posting and mailing on June 26, 2026.

Exhibit 4 is the non-compliance affidavit as of August 20th, 2026.

Can you ask her if they have any objections to the documents?

So...

Yeah, she said, it would have been said that she did her very best to comply and she applied for the permit and she's still there.

But she did her very best.

I'm going to accept and evidence the documents.

I understand that she's trying her best. But until the permits are granted...

The fines are going to continue.

The city staff can explain what you need to do. And once you bring the property into compliance,

There's a process where you can ask for a reduction of the fine.

But I can't do that until the property is in compliance. Is there anything else that she wants to tell me?

So, if we have another person testify, translate.

We have to get her name on the record and she can make comments.

What is her name? Okay, you can speak. Yeah, so anytime we come here, they ask for a document. So we always come here, we give it to them, they upload it up front.

So if you can translate what she just said for the record.

She said it in English.

No, but you have to translate for the respondent.

For the respondent, okay. Yeah.

I don't think we have anything else too. She was just asking something that relates to the building department.

Yeah, she said that, you know, every time she uploaded something and she's always have, you know, more to follow as far as like the permit.

It's one of the reasons why it's always a good idea to get the permit before you do the construction because it's always hard to do it after.

Yeah. Officer Oliva, what does the computer system say is outstanding?

So I was just looking for structural Patrick Lyons put in here that there's a lot of unresolved issues. Can you slow down?

Oh, that's right. Because he does have to translate.

Patrick Lyons, who's one of the structural...

that they need to provide plans by a registered design professional that remits all structural requirements. And then it just says provide all applicable product approvals for all roof products and rooftop structures. Signed off by a design professional of record in accordance with And then it has a number. It's an F-A-C-6-1-G-1-5-30.005. And then it also says... Provide all applicable products. Approval for exterior doors. Let's stop here.

I'm not sure this is productive.

I was just saying, if you could please tell her to contact development services for all requirements.

She might want to consider hiring a professional to help. And also planning and zoning, because I think there's setbacks.

considerations too.

If we can get the recommendation, please. I have it. It's $6,100.

I'm going to lean the property at this point because it's still out of compliance.

But once...

But once you are in compliance, you can come back and ask me to reduce the fine, but only once you're in compliance.

For the record, case 26-00599. I find the property is still in violation of 2.4.13b. The building permits have not yet been obtained.

I lien the property in the amount of $6,000.

And continue at $100 a day until compliance is achieved. Thank you. Case number 13.

Code 26.

The property owners are Rainberry Woods Homeowners Association, Inc., in care of Grant Property Management. The registered agent is Bro, Chadrow, and Levine, PA. The property address is 551 Northwest 47th Avenue, and the code officer on the case is Chantel Jean-Baptiste.

Good afternoon. Court Enforcement Chantelle Jean-Baptiste with the City of Derry Beach.

One second. Is there anyone here on behalf of Rainbury Woods Homeowners Association? I'm sorry, officer. Please continue.

Property 551 Northwest 47th Avenue originally was found in violation on May 21, 2026 for 7.8.3, maintenance of building. And for 100.05, subsection A, mosquito prevention. The property owner was given 30 days to comply or a daily fine of 250 be imposed. A re-inspection was conducted on June 25th, 2026. The property is not in compliance. As of August the 20th, 2026, the property occurred a fine in the amount of $15,000. City suggests lien the property in the amount of $15,000 and continue the $250 daily fine until compliance is achieved. This is an original photo showing unsanitary pool deck and the pool area. Exhibit 1, I posted on the property on June 30th, 2026. Exhibit 2 is the affidavit of posting on June 30th, 2026. Exhibit three is the final re-inspection on August the 11th, 2026, where it shows inside the pool still have debris and it's still unsanitary and they did not paint. Exhibit four is a second photo from the same angle showing that the owner property has not come into compliance, unsanitary pool area and debris inside the pool. Third photo zoomed in, taken on August 11, 2026, showing closely the debris that's inside of the pool. The fifth exhibit is a noncompliance affidavit as of today, August 20, 2026.

At this time, let's move the five exhibits into evidence.

With an objection, so admitted. I remember this one. They had somebody here and they were going to fix this. What happened?

Right. The only thing they done was remove the graffiti off the pool deck and they painted the pool deck. However, the pool area remained the same. They did not remove the debris out of the pool. The water was removed, but the debris remains and they were supposed to paint as well and they have not complied with that. So as of today, they are not in compliance.

Have you been able to speak to them at all? Did they ask for more time or anything?

After the magistrate, I spoke with the owner once over the phone, and he said he would come into compliance, but he has not complied.

And they haven't reached out? When you noticed this hearing, they didn't reach out to you?

They have not reached out.

All right. Case 26000671, I make the following findings of fact and law. I find notice is sufficient. I find the property continues to be in violation of 7.8.3. They have not completed repairs to the pull deck here. Respondent, I hereby assess the fine amount of $15,000 and continue to get $250 a day until compliance is achieved.

Thank you. Case number 14. Code 26-000-562. The property owners are Jero R. Lanzas and Albertina Dalia Luna. The property address is 640 Southwest 20th Court. And the code officer on the case is Joseph Oliva. However, the case will be presented by Erin Kester.

Good afternoon, Special Magistrate. My name is Aaron Kester, Code Enforcement Officer Interim for City of Delray Beach, presenting for Code Enforcement Supervisor Joseph Oliva. I'm here regarding the property at 640 Southwest 20th Court. The code case 26000562 was originally found to be in violation on February 5th, 2026 for code 2.4.13B, building a fence on the property without a permit. Given 30 days to apply for and obtain approved permits or $100 daily fine. Compliance date was March 5th, 2026 and compliance was not achieved. Reinspection was conducted on August 20th and the case is still out of compliance. I have four photographs that I would like to introduce into evidence.

Okay, we're just quickly going through the old photographs. Alright, here are the new exhibits, if you can proceed.

This is the, the first photograph is the posting of the Notice of Violation. This is the affidavit posting mailing. This is Exhibit 2. Exhibit 3 is a re-inspection on August 20th showing that the fence is still there and the permit has not been approved. And exhibit four is another view of the fence extending back to the property as well.

So those are the four exhibits we would like in evidence.

Is that objection so admitted?

And then just to be, oh, I'm sorry, there's one more.

Five? Sorry, the affidavit of noncompliance. Okay.

I'll admit that as well.

And then just for clarification, Mr. Oliva is here present with the intern today. Yes. Thank you.

Is anyone here on behalf of the respondent in the case?

any contact with the respondent no there has not been any contact with respondent and nothing in the file to suggest that a fence permit has been applied for no it is not all right what remedies the city seeking uh the city is suggesting that the accrued fine the amount of 12 200 uh be turned into a lien and the property fine continue at a hundred dollars per day

In case 26-00-0562, I make the following findings. In fact, on the live phone notice sufficient, I find the property continues to be in violation of 2.4.13b. The offense still does not have a permit. Hereby, I leave the property in the amount of $12,200 and continue at $100 a day until compliance is achieved.

Thank you.

Thank you. Case number 15, 2013. dash zero four six three nine one the owner of the property is Richard Castagna estate in care of gene Castagna the property address is four seven zero southeast first Avenue the code officer on the case is supervisor Latoya Thompson originally found a violation on December 10 2013 for construction

in the rear of the property without permit, which was a pool. Given 30 days to apply and obtain all approved permits or $50 daily fine. Compliance date was January 10, 2014. Compliance was not achieved. On March 11, 2014, a lien and continue of fines was ordered by the Code Enforcement Board in the amount of $3,000. A re-inspection was conducted on August 27, 2006. And the case is still out of compliance. I have original photos and seven new photos to present as evidence. Original photos. Exhibit one is just an aerial map from 2013. There's a pool dug up in there and some stuff. I can't zoom in.

In this area right here. Right there.

Exhibit two. Aerial map of 26. There goes the pool right there. Exhibit two. Exhibit 3, this was from the old case file put out of order of the pool. Exhibit 4 is the posting of the noncompliance notice.

And that was on July 27th?

Yes, ma'am.

Okay, thank you.

Exhibit 5 is the address number, July 27th. Exhibit 6 is the affidavit of posting for July 27th. Exhibit seven is the noncompliance affidavit. As of August 20th, 2026, there is an accrued fine in the amount of $227,200. City is suggesting lien of property in the amount of $227,200 in continued daily fines of $50 a day.

Hi, can you tell me your names, please?

Sure, I'm Demi Vaccaro.

I'm sorry, one more time, a little maybe into the mic.

Demi Vaccaro. And we like to move the seven exhibitors into evidence.

Demi Vaccaro? Yes. And you, sir? John DeMille. And what is your relation to the property owner, or at least the estate of the property owner?

Well, the property owner is deceased now. He was my boyfriend for 21 years.

So just for clarification, I know that, I believe for clarification, that this young lady here is a tenant or was involved.

We owned the house together. It was in his name, but we owned it together. Correct.

She lived in the home. The home is technically, like it's being litigated right now, Miss Jean Costaglia. Is the personal representative or overseer next of kin on the property right now just for transparency?

It's in probate.

Correct. They're litigating whether or not it should be homestead property to go to the beneficiaries. Miss Jean Castagna is the personal representative. Her address is listed on the property appraiser website, and that's where the notices have been sent. I'm not sure if she provided this young lady the ability to come and speak on the behalf of the estate or not. I think you should inquire as to that.

I will so inquire.

So Jean Castagna is the mother of Richard Castagna. Demi has lived in the house with Richard since they bought the house together in 2009.

The state and the representative of the state are the respondent of record here. Are you here on their behalf? Have they given you documentation to give you authority?

No, they haven't given me documentation. I spoke to her, or I texted her, and she's overwhelmed. She's old. Not old, but she's going through it right now with the son's death. He was only 56, and she's upset. She's having litigation right now, and she's going to put the house in my name when it's all over because it is my house. It's not her house. Give us the nickel for the house. But I know about the whole pool situation. I'm there. It's my house. So, I mean, I don't have legal documentation to say that she said to speak, but she didn't say not to speak. I told her what was going on. I didn't realize it was such an issue.

I guess there can be a fact witness, but I don't think in the, because in a state is a. Correct.

There's only one person who has the ability to speak on the behalf unless she's delegated that authority. It does not sound as though that has been done. If you would like to take, to hear her out, but I just, I just wanted to be clear that We did properly notice the appropriate party and any representation. She's not here on her behalf. You don't have to allow her to speak if you want her to speak as a

resident, then you could, but I just want to... Ms. Vaccaro, I mean, I'll certainly listen to what you have to tell me. I suspect that you're going to be disappointed in what authority I have here, which is... It's okay.

I understand.

I can't... It sounds like you have a difficult property situation and a difficult personal situation. It's frustrating. I can't solve either of those for you. No. But, I mean, I'll listen.

She lives in New Jersey and she's not going to come.

Yeah, I appreciate that. The issue before me is a very narrow one, which is a code enforcement issue. I can't revisit whether a violation existed or didn't exist on the property because... That's law of the case. It's already been decided by the code board multiple times, it looks like here.

Well, the pool is done. As far as the pool, it's done. And I know that Richie was a concrete restoration guy. He worked on the Empire State Building in the past, and that was his love, concrete restoration.

It looks beautiful to me. I'm not even going to argue that. The only question here is whether or not there's a permit. Oh, okay. And there's no permit.

Honestly, I don't... What do we have to do to get them complied, Your Honor?

You need a permit.

How much do you want to give us to get that?

I'm not even sure you can get one because you're not, right now, the owner of the property.

And if I tell the owner of the property what has to get done, and she asks me to do it, and if we can get it done?

Yeah, you can consult with the code officer, and they can give you some direction about what needs to be. If they're permitted, because remember, she's not the... Yeah, I mean, if you can get the Miss Castagna to fill out the required documents and get someone to issue a permit... you know, get the city to issue a permit, that would bring this into compliance. Once you're in compliance, which if you've been sitting here for a while, you probably heard, once you're in compliance, you can come back and ask me to reduce the fine. But I can't do that until you're in compliance. You're not in compliance until you have a permit. Does that make sense?

Can we get a letter from her notarized?

I can't give you advice on this. You're going to need her to authorize. Typically, most of the time, I mean, he sounds like a professional himself, but most of the time, And permits are obtained through companies that know how to do these kind of things. And homeowners hire companies to put up a fence or to build a whatever, and they apply for the permit and they obtain one. So in most cases, you seek a professional and a professional. But a professional is not going to be able to do it unless they have the permission of the owner. Yeah. so this is a little more complicated I mean for purposes of today I'm gonna I'm gonna lean the property because it's it's it's a record and the fines will continue but once you bring in the compliance you can come back

We can't advise you on that. I would say they should talk to the owner or development services, but we can't.

What's 13 years? How does that happen? We haven't gotten a notice or anything for 13 years. I thought it was all completed.

Yeah, so that's a fair question. The city always, under the law, the city notices the owner of record, which is the address listed in the property appraiser's. So when the city notices a violation, they send certified mail-in mail the violation to the property owner through whatever address is listed in the property appraiser's records.

I mean, 13 years ago, why didn't it come then?

And I'm going to guess in this particular case it was probably Richard Kostadna who was noticed. I can't speak to what happened to that at that point. The city's only requirement is that they send it to that address. And there's been multiple findings already in this case that the notice was done properly.

Well, he told me when it was going on, the inspector came out, told him how many feet he needed to make the cement, and he doubled it. And he told me that nobody ever came back again.

There's still no permit of record. No, I know.

But can I, what am I, do you give me a certain amount of time to figure this out?

What do I do? The violation here goes back to 2013. Mm-hmm.

What we could do is if, you know, I have been advised that staff, they don't have any problems answering her question. I'm just trying not to get into her relitigating or talking about facts of the case that have already been resolved, especially with someone who is not the record holder. note owner or a record person responsible for the property um what what staff did say they will do is they will answer some of her questions and kind of help direct her okay it's really nice but the most that we can do right with her position and so we're going to just yeah i mean for today's hearing i'm just going to lean and continue

Once you bring it in compliance, like I said, once it's in compliance and once you're the property record, once you're the owner of record, you can come back and ask for a reduction.

I'll get that.

Thank you so much. Thank you. Case 13046391. Make the following findings a fact in life. I notice it's sufficient. I find the property in violation of 7.1.3A104.1.1. Plus 105.4, specifically, the pool needs a permit.

Am I allowed to make a suggestion when you're finished? What is it you want to do? Make a suggestion? For what? For the people that are here. Like, we got here at 1.30, and we're 15 on the list. Why would you not, for the people that are present, take those for cases?

You can certainly take that up with staff. I don't do that. All right. The... The property continues to be in violation. I hereby leave the property amount of $227,200 continuing at $150 per day until property comes into compliance.

Thank you. Case number 16. Code 25-000-145. The property owner is Katie Meckler. The property address is 110 Southwest 9th Avenue. And the code officer on the case is Supervisor LaToya Thompson.

Originally found in violation by the code board on October 9th, 2025 for maintenance of building, given 10 days to correct the broken window and the unsecured door, 30 days to repair the ceiling, or $200 daily fine. On November 12th, 2025, a code board re-inspection was conducted and the property remains out of compliance and fines began to accrue. On July, correction, January 8, 2026, respondent remains out of compliance, and the lien was assessed to the property for $12,000. A re-inspection was conducted on August 12, 2026, and the property is still out of compliance. There are previous photos from prior hearing and five new photos to present I would like to introduce as evidence. Exhibit one, taken on July 2nd, is the posting of the property right there, right away on the property. Exhibit two is the affidavit of posting. Exhibit three is the re-inspection if the property still remains, grass is not cut. Let's see what's next one. Exhibit four is just another angle of the property, landscaping, still not cut. Exhibit five is the non-compliant affidavit. As of August 20th, 2026, there is an accrued fine in the amount of 44,600. The city suggests a lien of $44,600 and a continue of $200 daily fine. Is anyone here on behalf of the respondent? Katie Meckler.

All right, in case 2500145, I make the following findings a fact in law. If I notice this, for the record, I accept and evidence the exhibits submitted by the city. I find notice is good and sufficient. I found the property continues to be in violation of 7.8.3, specifically the condition of the property is still in disrepair and overgrowth. I hereby lean the property in the amount of $44,600. $44,600. Continue at $200 per day.

Thank you. Case number 17. Code 26-000640. The owner of the property is Power Group of Companies Corp. The property address is 240 Northwest 8th Avenue. And the code officer on the case is Supervisor Latoya Thompson.

Originally filed in violation on April 16, 2026, for landscape maintenance and maintenance of building, given seven days to come into compliance or $100 daily fine. On May 21, 2026, a lien and continue of fines was ordered by the magistrate in the amount of $2,300. A re-inspection was conducted on August 12, 2026. in the case is still out of compliance. I have original photos and five new photos to present to the magistrate I would like to introduce as evidence. Exhibit one is a posting of property taken on August 4th. Exhibit two is the posting of affidavit. Exhibit three is a re-inspection taken on August 12th of the property right away and the property wide angle landscape still not mold cut, hedges needed to be trimmed. This is the exhibit four taken on August 12th, back of the property, overgrown landscape. Exhibit five is an affidavit of non-compliance. As of August 20th, 2026, there is an accrued fine in the amount of $9,000. City suggests lien property in the amount of $9,000 and to continue a daily fine until compliance is achieved.

What's the daily fine, $100 per day?

Yes, sir.

Sir, can you tell me your name, please?

Dominic Aranchieri.

Can you say that one more time a little slower?

Dominic Aranchieri.

Can you spell your last name, sir?

A-R-A-N-C-H-E-R-R-Y.

And what is your relation to Par Group?

Actually, this property was under the foreclosure. I bought this by auction. And this last Monday only I got the title.

When was the property purchased?

It is an auction on June 22nd, but I got the title on August 17th.

So like two days ago?

Yeah.

Madam City Attorney? He's presenting some paper he wants us to present. Oh, yeah, sure.

And did you assume all the fines as a part of your agreement for the auction? What is the total amount?

Okay.

And the property is still out of compliance, correct?

Yes, ma'am.

Okay. You want to introduce this into evidence? Yes. So we'd like to, I guess we're asking to introduce our exhibits into evidence.

I'll accept them all.

Yes, the five from the city and the two from the... Five from the city. It's really one. And one from the respondent.

Okay, so you are... Dominique Arancheri, so you got this property, huh? Yeah. Lucky you. Thank you.

Have you... May I just ask a question to see where he is on trying to bring the property into compliance? Pardon? Pardon? Nothing's been done? I mean, I understand recently.

Yeah, I just changed the law. I will pretty soon, I hire already the trimming and the landscaping and everything.

So it sounds like he is willing to try to at least bring this property into compliance instead of going through this whole process. What we'll do is we'd like to take no action today and then the code enforcement department will re notice and bring this back if it's necessary why don't we just reset this

I'm just going to table this for now, see if you can get the property, talk to the code officers, see what you can do to get the property in compliance, and they'll re-notice it after you've had time to do something here, okay?

So for purposes of the order we're asking, it'll state that the, I don't even know if there's an order, it's just we took no action.

I won't take any action.

Thank you.

Sorry you had to wait this whole time.