WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=pKw-NtXXuqE

Part: 1

1
00:04:20.000 --> 00:04:35.919
This is the special magistrate hearing for the town of Highland Beach. Uh cases are going to be called in the order in which they appear on the agenda. I think there's only two, so they'll be in that order. When you hear your case called, uh the officer is going to come up and present the uh the initial case. Then you'll have an opportunity to review any

2
00:04:35.919 --> 00:04:51.199
evidence that the officer presents and ask questions of any of the witnesses that the town presents. Then you can present your own testimony and evidence. This is a quasi judicial hearing which means the formal rules of evidence do not apply here. However, all testimony is taken under oath under penalty or

3
00:04:51.199 --> 00:05:08.759
perjury. If you have any questions as we're going through the process, please feel free to ask them. Uh before we get going, uh anyone who's going to testify today or thinks they might testify or there's a possibility they might testify, I'm going to ask that you rise and raise your right hand so that you can be sworn in.

4
00:05:12.720 --> 00:05:28.320
>> By the authority vested in me as a state of Florida, do you swear or affirm that the testimony that you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. You may be seated. >> All right. I have the minutes from

5
00:05:28.320 --> 00:05:45.840
November 12th. Wow, that was a while ago, huh? They are hereby executed and approved on this 22nd day of July. All right, first case is case number CC2687, 4117 South Ocean LLC at 4117 South Ocean

6
00:05:45.840 --> 00:06:12.520
Boulevard. Officer Orlando Caret with the town of Highland Beach Code Compliance. Owner's name is 4117 South Ocean LLC. Property address is 4117 South Ocean Boulevard. Case number CC-26-87.

7
00:06:12.880 --> 00:06:29.120
This case was initiated on April 24th, 2026 as a field observation. Existing violations are 30-122A. Building permits required. Owner failed to secure permits for new windows. 302.3

8
00:06:29.120 --> 00:06:46.479
Sidewalks and Driveways. Sidewalks, walkway, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. 304.2 Protective Treatment. Protective treatment. Peeling, flaking, and chipped

9
00:06:46.479 --> 00:07:03.199
paint shall be eliminated and surfaces repainted. 6-29 Property Maintenance Code 17-3 Nuisance. It shall be unlawful for any person to erect, keep, maintain, or permit on his property any nuisance of

10
00:07:03.199 --> 00:07:18.880
any kind, nature, or description which tends to annoy the community or any portion thereof, or which nuisance tends to injure the health, morals, or peace of the citizens of the town. 30-69 C1A1.

11
00:07:18.880 --> 00:07:35.840
Parking lots and vehicular use areas, all areas shall be maintained so as to function as proposed and to present a neat and clean appearance. Formal notice of violation and hearing was issued via certified mail on June 15, 2026. Certified mail was delivered

12
00:07:35.840 --> 00:07:52.000
on June 18th, 2026. Posted at property and city hall on June 15, 2026. Last reinspection date of property was July 22nd, 2026. Property is still in non-compliance. The town has had personal contact with

13
00:07:52.000 --> 00:08:06.879
the property owner. The town recommends the respondent to be found in violation of the town's code as alleged in the notice of violation. The town's recommendation time for compliance is August 21st, 2026 or pay

14
00:08:06.879 --> 00:08:26.120
fines of $250 per day until date of full compliance. plus the prosecution cost in the amount of $250 to be paid by August 21st, 2026. >> Is anyone here on behalf of the respondent?

15
00:08:31.919 --> 00:08:48.000
>> Yes, he's a witness. I'm the attorney. Sorry. Uh my name is Edgar Bell. B L A V A L. I am the attorney for 4117 South Ocean. Um, with respect to all of the violations, I will address them one at a

16
00:08:48.000 --> 00:09:04.000
time. Uh, with respect to the windows, there was a permit. Uh, however, uh, the installer and the manufacturer had issues. Therefore, unfortunately, there was a huge lapse. The client, my

17
00:09:04.000 --> 00:09:22.080
client's primary trustee, because it's a trust, passed away in November of 2023. The trustees are his five children, one of which is here today, uh, Joe Fontanini. Um, the trustees, the five children want to

18
00:09:22.080 --> 00:09:39.040
proceed and remedy all the situations from the windows to everything else. They have started the process and engaged uh, two different builders. Sorry. Two different builders for the purpose of completing the house. They they don't want to just peacemeal this

19
00:09:39.040 --> 00:09:55.680
and do windows remedy then stucco then brick. They'd rather get one person to come in there and do all this. Their intent is to do so. All we're asking is for abatement while we get the permitting in place. Uh there are plans already in existence which had been

20
00:09:55.680 --> 00:10:12.959
submitted previously. uh but they will be resubmitted because there's going to be new windows that are going to be installed that'll properly fit. There's going to be stuckco. There's going to be additional work that wasn't originally envisioned uh with respect to the property which includes uh renovation of

21
00:10:12.959 --> 00:10:29.600
the brick uh the stucco and any of the landscaping that requires uh remediation. >> Mr. R, you're not contesting that these violations exist. You're asking for a time to remedy them. Is that am I understanding it correctly? >> How much time are you asking for?

22
00:10:29.600 --> 00:10:46.880
>> I I really don't want to ask for some inordinate amount of time. Unfortunately, as you all know, here in South Florida, one of the issues that we have is the permitting process. It's not the actual application. Our intent is to get an application in 30 to 45 days completed, submitted, hopefully

23
00:10:46.880 --> 00:11:05.680
processed, and permitted. Uh but that is the intent and I think that falls in line kind of with I think the dates that uh Mr. Kuret, Officer Curet had uh previously cited. >> What he told me is he wants you done by

24
00:11:05.680 --> 00:11:22.000
August 21st, which I think is a little sooner than you want to be. >> Well, I think what he's talking about, if I'm not mistaken, is getting the ball rolling. In other words, get the process started, getting our permits in place above all and our applications in place. officer, why don't you come back up and maybe you can speak for yourself.

25
00:11:22.000 --> 00:11:40.720
>> Uh your honor, um the August 21st date is all permits would have to be approved by that date so we can close the case, >> officer. Would that address all of these code sections? >> Well, this has been going on for more

26
00:11:40.720 --> 00:11:56.959
than uh a year with this property as far as the property maintenance. So, um, from the time that I open the >> I mean, I think we can agree that the work can't be done by August 21st, but what you want them to do is you want them to get the permits all submitted

27
00:11:56.959 --> 00:12:13.360
and approved by August 21st. >> That's correct. And now they'll have 6 months after that to complete it or longer if they request longer time, more time. >> Mr. Val, does that work for you? >> Yeah, I think that that's flexible enough. The only thing I would ask is if during the process there's delays in the

28
00:12:13.360 --> 00:12:28.959
permitting that we can res, you know, submit some sort of request for additional time, but we definitely would want to apply as soon as possible. >> That can definitely be uh approved through the building department. Okay. >> Would it be helpful if I set it for a

29
00:12:28.959 --> 00:12:45.920
status hearing at some point or status here? I think if you're inclined to give more time, you would just give more time. I don't think the status hearing is necessary. >> I'm not so inclined. I I I do like the

30
00:12:45.920 --> 00:13:03.040
deadline. So, I mean, I guess either side can set it for a hearing if uh if there's some dispute about who's at fault for not coming to compliance, but this is what I'll do in this case. In case CC2687, make the following findings of fact and law, my notice is sufficient. I find the property in violation of the listed code

31
00:13:03.040 --> 00:13:19.360
sections. I give the respondent till August 21st to bring into compliance by applying for and obtaining the necessary permits to remedy them. In the absence of said compliance, I hereby assess a fine the amount of $250 per day until the property comes into

32
00:13:19.360 --> 00:13:36.600
compliance. Hereby assess cost the amount of $250. >> Okay. Thank you. Charles to you. >> Yeah. Thank you. Bless.

33
00:13:51.040 --> 00:14:07.680
Yeah. Sorry. All right. This would be case uh B, which is a EMC Global LLC. 26100. >> Yes. Uh, Officer Orlando Caret with the

34
00:14:07.680 --> 00:14:26.720
Town of Highland Beach Code Compliance. Owner's name is EMC Global LLC. Property address is 4226 Tranquility Drive. Case number is CC-26-1000. This case was initiated on May 11th, 2026 as a field observation. Existing

35
00:14:26.720 --> 00:14:44.399
violations are 30-122A. Building permits required. Owner failed to secure permits for interior remodel. Application was submitted on July 14th, 2026 and currently under review. IPMC 304.1

36
00:14:44.399 --> 00:15:00.160
Exterior structural. The exterior of a structure shall be maintained in good repair. 6-29 Property Maintenance Code. All other violations have been complied. Formal notice of violation and hearing was issued via certified mail on June

37
00:15:00.160 --> 00:15:15.440
12th, 2026. Certified mail was forward expired on July 16th, 2026 due to notice being unclaimed. Hosted at property in city hall on June 12th, 2026. Last reinspection date of

38
00:15:15.440 --> 00:15:32.240
property was July 22nd, 2026. Property is still in non-compliance. The town has had personal contact with the property owner. The town recommends the respondent be found in violation of the town's code as alleged in the notice of violation. The town's recommendation

39
00:15:32.240 --> 00:15:49.160
time for compliance is August 21st, 2026 or pay fines of $250 per day until date of full compliance plus the prosecution cost in the amount of $250 to be paid by August 21st, 2026.

40
00:15:49.839 --> 00:16:05.680
>> All right. So, they're in compliance with one of these, right? >> Yes, sir. which is the um the landscape >> the maintenance standards for cultivated landscape areas. >> Yes sir. >> Okay. So we have three code sections at issue.

41
00:16:05.680 --> 00:16:20.800
>> Yes. >> So tell me what is the 629. What is the property maintenance code violation? >> Uh the property maintenance code because of the um the maintenance of the property outside of the property doesn't uh >> just tell me what you observe that you think constitutes the violation.

42
00:16:20.800 --> 00:16:37.839
>> Okay. Um there uh there's a missing chipping paint on the property. The uh driveway is cracked. Um uh discoloration and so forth. >> The building permits were for the interior renovation. >> Yes, sir.

43
00:16:37.839 --> 00:16:59.040
>> And as of this time, there's no building permits for that. >> No, sir. They uh they have applied on July 14th. It's still under review. And the exterior structure is that the same is that the chip pain and >> Yes, sir. >> And you believe August 21st is a

44
00:16:59.040 --> 00:17:14.240
reasonable time for them to bring this into compliance? >> Definitely. The the process is it's in process the permit. >> So once they get the permit, then the town gives them the six months to do the work, right? So take care of it then. Yes, sir. >> Okay. Thanks. Um is the respondent here?

45
00:17:14.240 --> 00:17:29.039
Yes, she >> I'm well. Coming up. So, the town says you need to do some work here, huh? >> Yes. It's been a project to say the least. >> Yes. And a Muski, managing director for

46
00:17:29.039 --> 00:17:46.320
EMC EMC Global LLC. >> And who'd you bring with you? >> My child, Rocky. >> I assume that's a >> a Yorkie Palm. >> Yeah. Okay. All right. Um, do you contest the violations um that the city says or the

47
00:17:46.320 --> 00:18:01.520
town says, the chip paint, the cracked driveway, the missing building permits? >> I do, but unfortunately I didn't discover these things until large bushes were removed that you can actually see where the paint is missing, if that makes sense. So that's why the

48
00:18:01.520 --> 00:18:16.799
landscaping was handled first >> and transparently. I bought purchased this property from >> But you don't contest that these issues exist on your property. >> No, they they do. I mean, there's a piece that needs to be painted, but I you know, I didn't know that until the

49
00:18:16.799 --> 00:18:33.440
bush came out and >> and the interior renovations. >> Yes. And needed it. They the people that previously owned it were hoarders, and it was pretty bad. >> Okay. The town asked me to give you till August 21st um to bring this into compliance, which means that you're

50
00:18:33.440 --> 00:18:49.840
going to have to apply for the permits necessary to do this work. Is that a sufficient amount of time for you? >> I I don't believe so. If I may have an extension, I would greatly appreciate it. There's >> there's the electrician, the plumber that still needs to submit the application. It is not easy to manage

51
00:18:49.840 --> 00:19:05.280
these individuals and they're not good with technology to get them to do it. I had the architect do it, the GC, but I still need these other two individuals to get that done. It's going to take some time to coordinate with them. >> Well, you have a month.

52
00:19:05.280 --> 00:19:21.720
>> I do. It'd be great if they can answer and get things done. I'm just being fully transparent. The GC was great. He got things done quickly. Orlando has been fantastic. We've been in constant communication. >> How much time are you asking for? >> Two months.

53
00:19:22.240 --> 00:19:40.960
>> Like September 20th. 22nd. I got six months or 60 days, right? >> September 22nd is a Tuesday. >> What's the city's opinion on this replacement? >> Sorry, town. >> Um, we're we're okay with giving them up

54
00:19:40.960 --> 00:19:58.160
to September 22nd. >> All right, you got your 60 days. All right. In case CC26100, make the following findings a fact on life. I notice sufficient to find the property in violation of 629 3122A and IMPC 304.1. I adopt by reference to

55
00:19:58.160 --> 00:20:15.440
testimony of the code officers to the nature of those violations. Give the respondent until September 22nd, 2026 to bring the property in compliance or a fine of up to $250 per day may issue. I assess cost the amount of $250. I

56
00:20:15.440 --> 00:20:42.559
>> think that's it, right? That's it. >> Meeting dates. Okay, let's talk meeting dates. >> September 8th. >> Are these all Wednesdays? >> Uh, so September, October, November, and December are still the second Tuesday.

57
00:20:42.559 --> 00:20:59.919
We had a conflict August 11th. So that was the date that we would have to um reschedu. It can't be August 18th because that's an election day um at the town, but if we have availability the 19th or the 20th of August,

58
00:20:59.919 --> 00:21:37.679
um those days are open. >> Definitely not the 19th. Wait, maybe the 19th. We do it at two on the 19th. >> 19th is uh what day? >> Wednesday. >> So, Wednesday 2:00 and the other ones are just the same,

59
00:21:37.679 --> 00:22:01.559
right? September, second, Tuesday. Yeah, those are already on my calendar. Yeah, just let me know if that works. I'll put it in my calendar as 10 edition. All right. Other than that, I think we're