Code Enforcement Detail
Code Enforcement Detail
Case Number CE16090429 *zones*  
Case Date 2016-09-17 priority 9171999991703831590824
Type DISC Status C - C
Description DISCOVERED BY INSPECTOR Officer E7850
Operator mposner
Property On Case
Property ID 74434305010150190 Owner 2417 SPRUCE AVENUE LAND TRUST ARSAL
Property Address 1650 45TH ST Owner Address 217 N SEACREST BOX 413
City/State/Zip WEST PALM BEACH FL 33407 City/State/Zip BOYNTON BEACH FL 33435 4011
Phone (561) 740-1320
Case Description
*****CHRONIC NUISANCE*****
ADJUDICATIONS:
CE15040012, 4-1-15: UNSANITARY CONDITION, PAINT
EXTERIOR, INOPERABLE VEHICLE, LANDSCAPING, OUTDOOR
STORAGE UNPAVED PARKING.
CITED 7 OTHER TIMES, 3 OF THEM IN 2016.
CURRENTLY: SEVERE OVERGROWTH, DETERIORATION, FENCE
WORK, CLEAN & SANITARY, TRASH & DEBRIS, TRASH
RECEPTACLE STORED IN VIEW, AND UNSECURED POOL
AREA.
Violation Code(s)
1: 54-403-A -- DECLARATION - CHRONIC NUISANCE
Inspections/Events Detail
DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS
2017-12-1912:44:25ACTION PLAN REINSPECTIONACTION PLAN FOLLOWED, WILL CLOSE THE
CASE.
2017-12-1912:24:16CLOSE CASEACTION PLAN FOLLOWED, CASE CLOSED.
2017-11-2815:13:26ACTION PLAN REINSPECTIONACTION PLAN - GOOD
2017-11-2811:45:39SERVICE ORDER RE-INSPECTIONSTATUS CHANGE
2017-11-2708:42:21CERTIFIED MAIL SENT9171999991703831590824
2017-11-2215:11:01ACTION PLANRECEIVED AN ADEQUATE ACTION PLAN ON
11-17-17 AND ACCEPTED IT. I SENT OUT AN
ADEQUATE ACTION PLAN NOTICE TO OWNER. I
WILL CHANGE THE STATUS TO ACTION PLAN.
2017-10-3112:50:51SERVICE ORDER RE-INSPECTIONPROPERTY TRIMMED AND CLEANED, NO WORK
ORDER AT THIS TIME.
2017-09-2612:17:48SERVICE ORDER RE-INSPECTIONPROPERTY TRIMMED AND CLEANED, NO WORK
ORDER AT THIS TIME.
2017-08-2107:38:47SERVICE ORDER RE-INSPECTIONPROPERTY TRIMMED AND CLEANED, NO WORK
ORDER AT THIS TIME.
2017-07-2411:37:30EMAILRESPONDED TO TWO ACCUSATORY EMAILS SENT
BY ANTHONY ARSALI
([email protected]) LEVYING CHARGES
OF BIAS AND RETALIATION AND ASKING CASE
OFFICER RECUSE HIMSELF FROM ALL CASES
UNDER SAME OWNERSHIP. RESPONSE INCLUDED
AN ANSWER FOR EACH LISTED ITEM THAT
ALLEGEDLY INDICATED BIAS OR RETALIATION.
CCED L. BORSO ON RESPONSE EMAIL.
2017-07-2113:36:07COMMENTSCNSO RECORDED 7/21/17 OR BK 29233 PG
0946
2017-07-1914:14:54COMMENTSAT HIS REQUEST, SPOKE WITH NICOLAS
ARSALI IMMEDIATELY AFTER THE HEARING IN
WHICH A SERVICE ORDER WAS ISSUED. HE
ASKED IF HE CAN TURN IN AN ACTION PLAN.
ADVISED HIM THERE IS NO REQUIREMENT TO
ACCEPT AN ACTION PLAN AT THIS POINT AND
THE COURTESY OF THAT IS RESERVED FOR
OWNERS THAT ATTEMPT TO WORK WITH THE
CITY AND AS HE JUST TRIED TO TELL THE
MAGISTRATE THAT THIS WAS BROUGHT TO
HEARING ONLY AS RETALIATION FOR A
COMPLAINT REGARDING OTHER CASES AND THEN
HAD TO BE THREATENED WITH REMOVAL BY THE
MAGISTRATE IF HE DIDN'T LEAVE ADDED TO
HAVING FAILED THREE ACTION PLAN, THERE
WAS NO REASON FOR THE CITY TO ACCEPT ONE
AT THIS TIME. ADVISED HIM THAT WAS MY
DECISION AND WAS WELCOME TO SPEAK WITH
MY SUPERVISOR WHO CAN OVERRULE THAT
DECISION. HE FOLLOWED THAT UP WITH AN
EMAIL TO L. BORSO STATING "HE (MITCH
POSNER) SUGGESTED THAT I WRITE YOU A
REQUEST FOR ACCEPTING AN ACTION PLAN
UNTIL THE PROPERTY IS SOLD." NOT
ENTIRELY ACCURATE. CONFERRED WITH L.
BORSO AND UDATED HER ON THE HEARING AND
THE CONVERSATION THAT FOLLOWED. SHE
RESPONDED ADVISING HIM THERE WILL BE NO
ACTION PLAN AND IF HE JUST STICKS TO
WHAT HE SAID IN THE EMAIL COSTS WILL BE
MINIMAL (ONLY INSPECTIONS).
2017-07-1912:13:59SPECIAL MASTER ORDERCNSO
2017-07-1909:41:50COMMENTSRESPONDENTS EXHIBITS FROM 7/19 HEARING
SCANNED INTO ATTACHMENTS
2017-07-1909:13:21NOTICE OF HEARING07/19/2017 HEARING SCHEDULED MPOSNER
2017-07-1809:13:21REINSPECTIONPRE-HEARING INSP SCHED MPOSNER// TRIM
AT THIS TIME, EXTERIOR NEEDS TO BE
CLEANED AND FENCE WORK NEEDED ESPECAILLY
AT GATE. CAN SEE REAR YARD TRIM AT THIS
TIME THROUGH FRONT WINDOW.
2017-07-0609:36:05EMAILOWNER NICK ARSALI ([email protected])
EMAILED AGAIN REQUESTING THE EHARING BE
CANCELED OR POSTPONED. THIS EMAIL
INCLUDED PROOF OF TENANT EVICTION AND
STATED IT IS A "FORMAL" REQUEST TO
CANCEL THE HEARING. HE WAS ADVISED THAT
HIS FORMAL REQUEST WAS RECEIVED, THAT
EVICTION OF NON COMPLIANT TENANTS IS NOT
A KEY FACTOR, AND THAT THE MAIN ISSUE IS
THE INABILITY TO FOLLOW ACCEPTED ACTION
PLANS. ALSO INFORMED HIM THE HEARING
TIME REMAINS UNCHANGED AND IS SCHEDULED
FOR 7-19-17 AT 9:00 AM. HE RESPONDED
ASKING THAT L. BORSO RETURN HIS CALL AND
THAT REQUEST WAS FORWARDED TO HER.
ADDITIONALLY, L. BORSO RESPONDED TO HIS
PHONE MESSAGES TO HER VIA EMAIL ADVISING
HIM SHE REVIEWED THE CASE AND HE SHOULD
ATTEND THE HEARING TO DISPUTE IT. HE
RESPONDED ADVISING HE WILL ATTEND THE
HEARING AND ASKED TO MEET WITH HER
REGARDING INVOICING OF CITY
CONTRACTORS.
2017-07-0507:37:30REINSPECTIONFRONT LANDSCAPE TRIM, REAR OVERGROWN,
DEAD VEGETATION ALONG THE EAST SIDE OF
STRUCTURE, EXTERIOR NEEDS TO BE PRESSURE
CLEANED, FENCEWORK NEEDED, AND SPEED
LIMIT SIGN (40MPH) SITTING ON FRONT LAWN
WITH SUPPORT POLE NEXT TO IT.
2017-06-2813:39:46PHONE CALLOWNER NICOLAS ARSALI LEFT TWO PHONE
MESSAGES AND EMAILED REGARDING
CANCELLING THE HEARING FOR THIS CASE.
PER OUR PREVIOUS CONVERSATION HE WAS
EXPECTED TO CALL NEXT WEEK TO SEE IF I
HAD LOOKED AT THE PROPERTY YET. DRIVING
BY THE PROPERTY THIS MORNING IT WAS
CLEAR THAT THE LANDSCAPE HAD BEEN
MAINTENANCED. THE EMAIL RECEIVED HAD A
COPY OF A PALM BEACH COUNTY DEPUTY'S
CARD WITH AN ACCIDENT REPORT NUMBER ON
IT. I CONTACTED PALM BEACH COUNTY
RECORDS AND THEY EMAILED A COPY OF THE
REPORT WHICH IS ATTACHED TO THIS CASE.
ACCORDING TO THE REPORT THE ACCIDENT
THAT TOOK OUT THE FRONT FENCE OCCURRED
ON THE MORNING OF 6/18/17. THIS IS ODD
AS THE FRONT FENCE WAS ALREADY DOWN AND
DAMAGED WHEN I WAS THERE ON 6/16/17.
ADDITIONALLY THE LANDSCAPE WAS ALREADY
OVERGROWN ON THAT DATE AND MR. ARSALI
SAYS THEY HELD OFF MOWING AND REMOVING
THE DAMAGED FENCE UNTIL AFTER THE
ACCIDENT REPORT. CLEARLY THE GRASS WAS
IN VIOLATION PRIOR TO THE ACCIDENT. ON
6/20/17, TWO DAYS AFTER THE ACCIDENT
REPORT WAS TAKEN, THE FENCE WAS STILL
DOWN AND THE GRASS STILL IN VIOLATION.
PUTTING ALL THIS INFORMATION TOGETHER I
RETURNED MR. ARSALI'S CALLS, (561)
740-1320 AND RECEIVED NO ANSWER, LEAVING
A MESSAGE THAT I WILL RESPOND TO HIS
EMAIL INSTEAD TO BE SURE HE GETS THE
INFORMATION. EMAIL SENT
([email protected]) ADVISED HIM OF
THE ABOVE FACTS AS WELL AS A REMINDER
THAT IN THE 9 MONTHS SINCE THIS CASE WAS
OPENED THIS IS THE 3RD ACTION PLAN
FAILED AS WELL AS THE HISTORY THAT UNDER
HIS OWNERSHIP THIS PROPERTY HAS BEEN
CITED 10 OTHER TIMES. ALSO ADVISED HIM
THAT THERE HAS ALREADY BEEN A SURPLUS OF
FORBEARANCE ON THIS CASE SO AT THIS
POINT IT WIL STILL GO TO HEARING SO THE
CITY CAN GET A SERVICE ORDER AND THE
ISSUE OF AN ACTION PLAN CAN BE REVISITED
AFTER THE HEARING. AS LAST CONVERSATION
HE EXPRESSED A DESIRE TO SPEAK WITH MY
SUPERVISOR IF THE HEARING WASN'T
CANCELLED I INCLUDED CONTACT INFORMATION
FOR L. BORSO. HE ALSO ASKED WHO TO
SPEAK WITH ABOUT THE COST OF C. MARTIN'S
INVOICES AND WAS TOLD L. BORSO IS ALSO
THE PERSON TO SPEAK TO ABOUT THAT.
2017-06-2813:28:43PHONE CALLRECEIVED A CALL FROM OWNER NICHOLAS
ARSALI, (561) 740-1320, IN RESPONSE TO
EARLIER EMAIL. HE ADVISED THE PROPERTY
WAS NOW CLEANED UP AND ASKED IF THE
HEARING COULD BE CANCELLED. ADVISED HIM
THIS IS THE THIRD TIME AN ACTION PLAN
WAS FOUND TO BE INADEQATE AND WE CAN
REVISIT THE ISSUE OF AN ACTION PLAN BUT
AT THIS POINT THE HEARING GOES FORWARD.
HE ASKED IF THERE WAS SOMEONE ELSE HE
CAN TALK TO AND ADVISED HIM I CAN GIVE
HIM MY SUPERVISOR'S NAME AND PHONE
NUMBER. HE ASKED ME TO SEE HOW GOOD THE
PROPERTY LOOKS NOW AND SINCE THERE'S
STILL TIME HE'LL CALL AGAIN NEXT WEEK
AFTER I'VE SEEN IT.
2017-06-2811:15:01EMAILRECEIVED EMAIL & PHONE CALL FROM
PROPERTY OWNER NICOLAS ARSALI
([email protected]), REGARDING NOV
RECEIVED. THE EMAIL HAS A COPY O A
PREVIOUSLY SENT EMAIL THAT HE THOUGHT I
HADN'T BEEN RECEIVED. ADVISED HIM THAT
IT HAD BEEN RECEIVED ON MAY 3 BUT THE
NOV WAS DUE TO PROPERTY CONDITIONS AS OF
6/16/17.
2017-06-2215:01:54REINSPECTIONOVERGROWTH, FENCE WORK NEEDED, AND GATE
& FRONT FENCE APPEAR TO HAVE BEEN STRUCK
BY A VEHICILE & ARE LYING ON THE
GROUND.
2017-06-2214:50:51CERTIFIED MAIL RETURNED70170530000013431636-RETURNED
2017-06-2211:16:12CERTIFIED MAIL RECEIVED70170530000013431643-NO SIGNATURE
2017-06-2115:00:41POST PROPERTYPOSTED NOV TO PROPERTY. COMPLETED &
SUBMITTED AFFIDAVIT.
2017-06-2109:35:39CERTIFIED MAIL RETURNED70170530000013431636-UNDELIVERABLE AS
ADDRESSED
2017-06-2009:34:54CERTIFIED MAIL RETURNED70170530000013431629-UNCONFIRMED
2017-06-1909:36:17CERTIFIED MAIL SENT70170530000013431643
2017-06-1909:30:06CERTIFIED MAIL SENT7017053000013431636
2017-06-1909:28:34CERTIFIED MAIL SENT7017053000013431629
2017-06-1909:13:21NOTICE OF VIOLATIONCHRONVIO PRINTED BY MPOSNER
2017-06-1614:05:09ACTION PLAN REINSPECTIONFRONT SEEN AS VERY OVERGROWN DURING
DRIVEBY. ALSO FENCEWORK NEEDED. REAR
YARD STILL SECURED & EXTERIOR NEEDS TO
BE PRESSURE WASHED. CHANGED STATUS TO
CHRONIC NUISANCE AND SENDING NOTICE OF
VIOLATION AS THIS IS THIRD FAILED ACTION
PLAN.
2017-05-0903:45:38ACTION PLAN REINSPECTIONINSPECT TO DETERMINE AP ADEQUACY. FRONT
IS TRIM AND CLEAN. REAR IS SECURED FROM
ENTRY AND HAS BEEN WORKED ON EVEN IF NOT
COMPLETELY DONE. ACCEPTED MOST RECENT
ACTION PLAN.
2017-05-0307:51:31EMAILOWNER NICHOLAS ARSALI
([email protected]) RESPONDED TO
YESTERDAY'S EMAIL THAT HE WILL TELL HIS
LANDSCAPER IMMEDIATELY ABOUT THE REAR
YARD CONDITIONS. WILL RE-CHECK MONDAY
5-8-17 TO DETERMINE IF AP IS ADEQUATE.
2017-05-0211:17:56ACTION PLAN REINSPECTIONSLIGHT OVERGROWTH IN FRONT, EXTERIOR
NEEDS TO CLEANED, AND MINOR FENCE &
EXTERIOR REPAIRS ARE NEEDED. REAR IS
SECURED FROM ENTRY NOW, HOWEVER, THE
REAR LANDSCAPE WAS CLEARLY NOT TENDED
TO. EMAILED RESULTS OF THIS TO OWNER
NICOLAS ARSALI ([email protected]),
AWAITING REPLY BEFORE DECISION TO SEND
TO NOV OR ACCEPT ACTION PLAN.
2017-04-2814:14:21PHONE CALLRETURNED CALL TO OWNER NICHOLAS ARSALI
(561) 740-1320) WHO ADVISED THEY ABATED
THE VIOLATIONS IN THE REAR INCLUDING
FIXING THE POOL. STATED HE WAS UNAWARE
THEY NEEDED TO PROVIDE A NEW ACTION PLAN
LET ALONE THAT IT WAS DUE YESTERDAY.
ADVISED HIM IF HE SUBMITS IT QUICKLY AND
I CAN EVALUATE IT BY MONDAY (5/1/17) WE
CAN ACCEPT AN ADEQUATE ACTION PLAN.
2017-04-1808:53:31CERTIFIED MAIL SENT70163010000072999873 TO ARSALI LLC
2017-04-1808:47:32CERTIFIED MAIL SENT70163010000072999866 TO SOUTHERN
ENGINEERING
2017-04-1313:48:35ACTION PLAN REINSPECTIONFRONT TRIM, LANDSCAPE ON EAST SIDE
BLANKETED IN EXCESSIVE DEAD VEGETATION,
SEVERAL TIRES SITTING IN CARPORT, AND
FENCE WORK NEEDED. REAR FOUND UNSECURE,
OVERGROWTH, CONSTRUCTION DEBRIS &
MATERIAL, BROKEN WINDOW ON WEST SIDE,
AND POOL AREA EMPTY & UNSECURED.
SENDING INADEQUATE ACTION PLAN LETTER
AND WILL NOT ACCEPT ANOTHER ACTION PLAN
UNLESS IT ACCOUNTS FOR SECURING REAR
FROM ACCESS.
2017-02-0116:13:00CERTIFIED MAIL SENT70160600000050130831 - SOUTHERN ENG &
CONST
2017-02-0116:11:30CERTIFIED MAIL SENT70160600000050130829 - ANTHINY ARSALI,
ESQ
2017-01-3105:43:42ACTION PLANNEW ACTION PLAN ACCEPTED, NOTICE OF SAME
SENT.
2017-01-1913:32:21CERTIFIED MAIL SENT70160600000050129687
2017-01-1913:25:05CERTIFIED MAIL SENT70160600000050129694
2017-01-1108:55:18ACTION PLAN REINSPECTIONOVERGROWTH IN FRONT WITH LIGHT T/D AND
SOME DEAD VEGETATION. GATE TO REAR WAS
UNSECURE AND AJAR. REAR IS COMPLETELY,
SEVERELY OVERGROWN AND HAS EMPTY (AT
LEAST MOSTLY) IN THE GROUND POOL. WILL
SEND INADEQUATE AP LETTER.
2016-10-0610:48:08REINSPECTIONADEQUATE AP ACCEPTED
2016-10-0512:34:11CERTIFIED MAIL SENT70160600000016375011 TO A ARSALI ESQ
2016-10-0512:30:44CERTIFIED MAIL SENT70153430000087772509 TO SOUTHERN
ENGINEERING
2016-10-0508:54:01ACTION PLANAFTER CONSULTING WITH ZONE OFFICER PAUL
MCFARLANE WHO VOUCHED FOR THE
RESPONSIVENESSS OF OWNER, THE ACTION
PLAN RECEIVED 10/3/16 WAS ACCEPTED AS
ADEQUATE. NOTICE OF SAME SENT.
2016-10-0406:35:57EMAILRECEIVED ACTION PLAN FROM OWNER'S
ATTORNEY, ANTHONY ARSALI
([email protected]), WHO ALSO LEFT A
PHONE MESSAGE, (561) 370-7428. SENT
REPLY ADVISING ACTION PLAN IS BEING
EVALUATED. WILL CONSULT WITH ZONE
OFFICER MCFARLANE AS HE IS MORE FAMILIAR
WITHT THE OWNERS.
2016-09-1910:37:14POST PROPERTYPOSTED DECLARATION TO PROPERTY.
COMPLETED AND TURNED IN AFFIDAVIT.
2016-09-1909:09:05CERTIFIED MAIL SENT70153430000087772356 TO SOUTHERN
ENGINEERING & CONSTRUCTION
2016-09-1710:32:20CREATE INITIAL CASE RECORDVIOLATION RECORDED MPOSNER
2016-09-1410:32:24INITIAL INSPECTIONSEVERE OVERGROWTH, DETERIORATION, BROEN
WINDOW, FENCE WORK, CLEAN & SANITARY,
TRASH & DEBRIS, TRASH RECEPTACLE STORED
IN VIEW, AND UNSECURED POOL AREA.


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