Special Magistrate Meeting

City Hall Commission Chambers 3560 NE 12 Avenue Oakland Park, Florida 33334 MINUTES SPECIAL MAGISTRATE MEETING MAY 15, 2025, 1:00 P.M. A. CALL TO ORDER The regular meeting of the Special Magistrate of the City of Oakland Park, Florida was called to order at 1:10 P.M. in City Hall Chambers by Special Magistrate John Herin, Jr. Staff Present: Code Officers: Carl Locke, Gilbert Venero, Wilson Quintero, Angel Smith, Ted Scardina Walter Fenton, Code Enforcement Supervisor Sip Margerum, Code Enforcement Manager Brad Ostroff, Code Enforcement Interim Director Rick Buckeye, Planning Supervisor Diana Cimadevilla, Secretary Assistant City Attorney Sean Swartz Secretary Cimadevilla described the meeting proceedings. If found in violation, violators are required to pay an administrative fee of $175.00. Items may be heard out of order. Anyone testifying before the Special Magistrate was sworn in. B. MINUTES Minutes from the April 17, 2025 meeting were approved by Special Magistrate Herin. C. NEW CASES 1. SP25 044 CODE202503000012982 433 - 465 NW 43 CT OFFICER: Ted Scardina OWNER: 433-465 RENTALS LLC SEC.7.17 BUSINESS TAX RECEIPT Officer Scardina presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 30 days or a fine of $100 per day. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 30 days or a fine of $100 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order.

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 2 2. SP25 055 CODE202503000013051 4440 NW 19 AVE OFFICER: Ted Scardina OWNER: BRYNN JOHNSON SEC.24.79.1(D)(2) OUTDOOR STORAGE Officer Scardina presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 15 days or a fine of $150 per day. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 30 days or a fine of $100 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 3. SP25 020 CODE202501000012858 1655 E OAKLAND PARK BLVD OFFICER: Carl Locke OWNER: Chess, Karen & Steven SEC.24.144(A)(1) PROHIBITED SIGNS (ANIMATED) SEC.24.152(G) NONCONFORMING SIGNS (POLE) Officer Locke presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 45 days or a fine of $250 per day, per violation. Adam Chess, the owners’ attorney, spoke in defense of this item. He claimed the sign was grandfathered in based on a previous sign on the property and said this was “actually becoming harassment.” He also said he had not been provided personal notice of the hearing [the property had been posted.] Mr. Chess then argued this was a first amendment [free speech] violation and an illegal taking per the Florida Constitution. Mr. Chess then questioned Officer Locke regarding the definition of “animated” signs. Special Magistrate Herin informed Mr. Chess that the City’s posting notice of the hearing at the property and sending by certified mail was proper; they were not required to send notice to counsel. Mr. Chess continued questioning Officer Locke, who stated the three conditions under which a pole sign must be removed, including that the business that operated the sign was not in business for six months or more. Officer Locke confirmed that the property had no active Business Tax Receipt for over four years. Walter Fenton, Code Enforcement Supervisor stated the permit for this sign had been issued in error, so this sign was never legal, non-conforming. There had also been no business in the property. Assistant City Attorney Sean Swartz said because this was an animated LED sign, it should not have been approved in 2018. Special Magistrate Herin allowed Mr. Chess time to examine the case file and heard other cases in the meantime. Upon returning to the case, Mr. Chess requested a special meeting so Joe Diskin, Business Regulatory Supervisor, could be present and Special Magistrate Herin denied the request. Supervisor Fenton said Mr. Chess had been provided a physical copy of the relevant ordinance and emailed it to him. Mr. Chess claimed Mr. Diskin was aware of an agreement between the owners and the City that the sign would be allowed to change every minute. He offered nothing in writing regarding any agreement. Officer Locke said he had sent Mr. Chess an email chain in which Mr. Chess requested the sign be allowed to change every minute but Mr. Diskin had indicated it could only change once every 24 hours instead. Special Magistrate Herin, staff and Mr. Chess discussed service of the Notice of Hearing.

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 3 Supervisor Fenton displayed a photo of the posting at the property dated 2/11/25. He asked staff to send the other documents related to service to Mr. Chess. Special Magistrate Herin confirmed staff had complied with notice requirements. Special Magistrate Herin allowed Mr. Chess 10 business days to provide documentation indicating there was an agreement with the City to allow the sign to remain. Rick Buckeye, Planning Supervisor, clarified that the permit had been issued in error in 2018 because the plans were misrepresented. There were conditions that the sign could not be animated or flashing but what was installed was a sign that moved and changed copy, which was not permitted. City Attorney Swartz read from the definition of an animated sign in City code Section 24-143.B.2, including signs “…that have the ability to change imagery or information, as well as any sign that can change imagery or text electronically or mechanically…” Mr. Buckeye read the prior definition, which would have been in effect when the permit was issued which included: “ A sign which utilizes motion of any part of any means, or displays flashing, oscillating, sequential or intermittent lights.” Staff and Special Magistrate Herin discussed the fact that no business with a Business Tax Receipt was occupying the building and Special Magistrate Herin took a brief recess for Mr. Chess to investigate. Upon returning to the case, Mr. Chess had Richard Buell on the phone, who said his non-profit, Victory Center LLC, had opened an office in the building in October 2024 and still had equipment there. Mr. Buell stated he did not know a Business Tax Receipt was required. He said in the past, they had operated the sign sometimes. Special Magistrate Herin said a search by City staff found no Business Tax Receipts for this address. Special Magistrate Herin reiterated that notice was proper for the case. He stated he found no animus or discrimination on the part of the City. He added that Circuit Court was the proper venue for First Amendment claims. Regarding an illegal taking, he stated if any court ruled in favor of any of Mr. Chess’s arguments, he would be allowed to keep the sign until 2029, when all pole signs would be forbidden, and that this was a legal method for eliminating non-conforming uses. Special Magistrate Herin said he would defer a decision for SEC.24.144(A)(1) for 15 days to allow both parties to supplement the record. The remaining issue was whether the sign was in compliance under the existing regulations adopted in 2023 and therefore maintained its legal, non-conforming use or lost it because of the stoppage of business at the location. Based upon the testimony and evidence, he found for the City that there had not been a business in operation for the requisite time, noting that Mr. Buell’s non-profit had never had a Business Tax Receipt, per the City’s records. The property was therefore in violation of SEC.24.152(G). Special Magistrate Herin allowed 15 days for both parties to supplement the record regarding SEC.24.144(A)(1). He also found there was a violation of SEC.24.152(G) and ordered compliance by removing the pole sign within 120 days or a fine of $175 per day, per violation thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 4. SP25 059 CODE202502000012895 3341 NE 15 AVE OFFICER: Carl Locke OWNER: TARPON IV LLC SEC.8.7(A) OVERGROWTH

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 4 Officer Locke presented into evidence notices, photos, affidavits, and certified mail information. He recommended finding this was a repeat violation and ordering compliance within 7 days or a fine of $500 per day. The City also requested a threat to public health, safety and welfare ruling, allowing the City to remediate the problem if the owner did not. Special Magistrate Herin found there was a repeat violation of the stated code, and that the violation and/or conditions causing the violation constitute a threat to public health, safety and welfare and ordered compliance within 15 days or a fine of $500 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. Special Magistrate Herin also authorized the City to take corrective action if the owner did not. 5. SP25 060 CODE202408000012562 1679 NE 33 ST 1-2 OFFICER: Carl Locke OWNER: BRANDON FREER SEC.5.3(A) PERMITS REQUIRED Officer Locke presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 60 days or a fine of $200 per day, per violation. Brandon Freer, owner, spoke in defense of this item. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 60 days or a fine of $200 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 6. SP25 061 CODE202411000012763 954 NE 39 ST OFFICER: Carl Locke OWNER: WYLLIE, BARRY & RACHEL SEC.5.3(A) PERMITS REQUIRED SEC.24.105 LANDSCAPING MAINTENANCE Officer Locke presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 90 days or a fine of $150 per day, per violation. Special Magistrate Herin found there was a violation of the stated codes and ordered compliance within 90 days or a fine of $150 per day, per violation thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 7. SP25 009 COMPLIED CODE202412000012798 4107 NW 15 AVE OFFICER: Gilbert Venero OWNER: MIRANDA, BYRON SEC.24.79.1(D)(2) OUTDOOR STORAGE

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 5 8. SP25 017 CODE202502000012906 2929 NW 17 OFFICER: Gilberto Venero OWNER: LTS PROPERTIES LLC SEC.24-40(B)(1) I-1: LIGHT INDUSTRIAL DISTRICT – EVENT HOSTED BY TENANT Officer Venero presented into evidence notices, photos, affidavits, and certified mail information and said the case was opened pursuant to a complaint from a Broward Sheriff’s Office deputy. He requested a finding of fact and a $500 fine for this irreversible violation. Ranae Sutherland, the tenant’s wife, said she understood. Special Magistrate Herin found there had been a violation of the stated code, and assessed a one-time fine of $250, plus the $175 administrative fee, payable within 30 days. 9. SP25 041 CODE202502000012943 888 NW 62 ST 2FL FORT LAUDERDALE FL 33309 OFFICER: Gilbert Venero OWNER: HABITAT FOR HUMANITY OF BROWARD SEC.24.105 - 1 (A)(5)(h) TREE BLOCK ROAD/SIDEWALK Officer Venero presented into evidence notices, photos, affidavits and certified mail information and recommended ordering compliance within 15 days or a fine of $125 per day. The City requested a threat to public health, safety and welfare ruling, allowing the City to remediate the problem if the owner did not. Special Magistrate Herin found there was a violation of the stated code, and that the violation and/or conditions causing the violation constitute a threat to public health, safety and welfare and ordered compliance within 30 days or a fine of $125 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. Special Magistrate Herin also authorized the City to take corrective action if the owner did not. 10. SP25 040 COMPLIED CODE202503000013063 2100 NW 27 ST 1-2 OFFICER: Gilbert Venero OWNER: 2100 NW 27 ST 1-2 LLC SEC.24.79.1(D)(2) OUTDOOR STORAGE 11. SP25 042 CODE202502000012926 1931 NW 32 CT OFFICER: Gilbert Venero OWNER: FERREIRA, RAPHAEL L SEC.24.69(B)(3) POOL FENCING & GATES REQUIRED Officer Venero presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 30 days or a fine of $250 per day. Raphael Ferreira, owner, spoke in defense of this item.

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 6 Special Magistrate Herin found there was a violation of the stated code and that the violation and/or conditions causing the violation constitute a threat to public health, safety and welfare and ordered compliance by pulling the permit and doing the work within 30 days or a fine of $250 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 12. SP25 052 CODE202503000012990 2640 NW 25 AVE OFFICER: Gilbert Venero OWNER: CUMMINGS, DONNA C SEC.8.7(A) OVERGROWTH Officer Venero presented into evidence notices, photos, affidavits and certified mail information and recommended ordering compliance within 15 days or a fine of $100 per day. The City requested a threat to public health, safety and welfare ruling, allowing the City to remediate the problem if the owner did not. Special Magistrate Herin found there was a violation of the stated code, and that the violation and/or conditions causing the violation constitute a threat to public health, safety and welfare and ordered compliance within 15 days or a fine of $100 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. Special Magistrate Herin also authorized the City to take corrective action if the owner did not. 13. SP25 053 CODE202502000012973 2620 NW 20 AVE OFFICER: Gilbert Venero OWNER: LEMAY, SAMUEL ELLIS SEC.8.7(A) OVERGROWTH Officer Venero presented into evidence notices, photos, affidavits and certified mail information and recommended ordering compliance within 15 days or a fine of $100 per day. The City requested a threat to public health, safety and welfare ruling, allowing the City to remediate the problem if the owner did not. Special Magistrate Herin found there was a violation of the stated code, and that the violation and/or conditions causing the violation constitute a threat to public health, safety and welfare and ordered compliance within 30 days or a fine of $100 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. Special Magistrate Herin also authorized the City to take corrective action if the owner did not. 14. SP25 054 CODE202501000012829 1421 NW 42 ST OFFICER: Gilbert Venero OWNER: TYS, JORIBIEN ATYS, ESPERANCE SEC.5.3(A) PERMITS REQUIRED Officer Venero presented into evidence notices, photos, affidavits, and certified mail information. He

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 7 recommended ordering compliance within 20 days or a fine of $150 per day. Odeleya Israel , the owner’s daughter, spoke in defense of this item. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 60 days or a fine of $175 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 15. SP25 057 COMPLIED CODE202503000013012 2701 NW 18 TER OFFICER: Gilbert Venero OWNER: TORRES, GLORIA NORMA YNONAN SEC.24.79.1(D)(3) OUTDOOR STORAGE SEC.8.7(B) TRASH/GRAFFITI 16. SP25 045 COMPLIED CODE202405000012372 620 NE 57 ST OFFICER: Wilson Quintero OWNER: CSMA BLT LLC SEC.24.65 UNLICENSED VEHICLES SEC.24.80(I)(3) GRASS PARKING RESIDENTIAL 17. SP25 046 CODE202409000012635 999 W PROSPECT RD OFFICER: Wilson Quintero OWNER: 999 PROSPECT LLC SEC.24.80(B)(3) PAVING/POTHOLES SEC.8.7(B) TRASH/GRAFFITI Officer Quintero presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 21 days or a fine of $250 per day, per violation. Special Magistrate Herin found there was a violation of the stated codes and ordered compliance with SEC.24.80(B)(3) within 45 days or a fine of $75 per day and with SEC.8.7(B) within 21 days or a fine of $150 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 18. SP25 047 CODE202410000012685 4111 NW 10 TER OFFICER: Wilson Quintero OWNER: ORELLANA GARCIA, LUIS ORELLANA GARCIA, JUAN ET AL SEC.5.3(A) PERMITS REQUIRED Officer Quintero presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 90 days or a fine of $250 per day.

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 8 Gustavo Gutierrez, the owners’ attorney, spoke in defense of this item. He said the permits were in process. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 90 days or a fine of $250 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 19. SP25 048 CODE202410000012688 60 NW 47 CT OFFICER: Wilson Quintero OWNER: 60 NW 47 CT FLORIDA LAND TR ASSET CONSERVATION INC TRUSTEE SEC.5.3(A) PERMITS REQUIRED Officer Quintero presented into evidence notices, photos, affidavits, and certified mail information. He recommended ordering compliance within 90 days or a fine of $250 per day. Yenice Cordero, permit expediter, spoke in defense of this item. She requested more than 90 days. Special Magistrate Herin found there was a violation of the stated code and ordered compliance within 90 days or a fine of $250 per day thereafter, plus the $175 administrative fee. The violator is also ordered to contact the City of Oakland Park Code Enforcement Division to re-inspect the property to verify compliance with this order. 20. SP25 049 COMPLIED CODE202410000012719 4440 NE 10 TER OFFICER: Wilson Quintero OWNER: 1ST TERRACE APARTMENTS LLC SEC.13.8(A) TRASH RECEPTACLE SEC.8.7(B) TRASH/GRAFFITI 21. SP25 051 WITHDRAWN CODE202502000012975 4640 NE 5 AVE OFFICER: Wilson Quintero OWNER: ARGEN-DINA PROPERTIES LLC SEC.24.79.1(E)(5)(d) PROPERTY MAINTENANCE DOORS/WINDOWS SEC.5.3(A) PERMITS REQUIRED SEC.7.153(A) VACATION RENTAL REGISTRATION REQUIRED 22. SP25 058 COMPLIED CODE202408000012546 321 NW 35 ST OFFICER: Walter Fenton OWNER: STORYBROOKE LLC SEC.5.3(A) PERMITS REQUIRED SEC.24.94(A) SWALE OBSTRUCTION D. CERTIFICATIONS

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 9 1. SP24 165 CODE202407000012532 4517 N ANDREWS AVE OFFICER: Wilson Quintero OWNER: BAYONET, MAGALY Violation Amt. Per Day Compliance Date Resolution Date SEC.4.1 FOWL KEEPING RESTRICTED ROAMING PROHIBITED $120 12/16/24 SEC.24.65 UNLICENSED VEHICLES $120 12/16/24 SEC.24.79.1(D)(2) OUTDOOR STORAGE $120 12/16/24 SEC.8.7(A) OVERGROWTH $120 12/16/24 12/17/24 The original hearing was on 10/17/24 to be complied by 12/16/24 or a fine of $120 per day, per violation. On 3/20/25, the Special Magistrate had granted an extension to 5/15/25. The property was not in compliance, and fines had accrued to $54,120, which would continue to accrue until the property was in compliance, plus the $175 administrative fee. Magaly Bayonet, owner, spoke in defense of this item. She said she was selling the house and needed more time to comply. Special Magistrate Herin granted an extension to 8/21/25, during which time no fines would accrue. 2. SP24 032 CODE202309000011516 698 NW 43 ST OFFICER: Walter Fenton OWNER: JAREK TADLA Violation Amt. Per Day Compliance Date Resolution Date SEC.5.3(A) PERMITS REQUIRED $250 4/21/24 5/14/25 The original hearing was on 3/21/24 to be complied 4/21/24 or a fine of $250 per day. On 3/20/25, the Special Magistrate had granted an extension to 5/15/25. The property was in compliance and fines totaled $97,000, plus the $175 administrative fee. Juliette Salliette, permit expediter, spoke in defense of this item. Special Magistrate Herin reduced the fines to $9,700 plus the $175 administrative fee, payable within 60 days. If not paid within 60 days the fine would revert to the original $97,000, plus the $175 administrative fee, and a lien would be filed against the property. E. OLD BUSINESS None ADJOURN: There being no further business, the meeting was adjourned at: 5:45 PM.

City of Oakland Park Special Magistrate Meeting Minutes May 15, 2025 Page 10 ___________________________ ___________________________________ John Herin Jr., Special Magistrate Diana Cimadevilla, Recording Secretary