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09-338 - 1420 HoldingsDate: To: From RE: Police Department "A CPA Accredited Law Enforcement Agency" 100 B. Boynton Beach Boulevard P. Q. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Pax. (561) 742-6185 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM November 26, 2013 City Commission Code Compliance Division Code Compliance Case #09-338 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: u A City Commissioner has seven (7) days from the rendition of the Order to request the City Manager's Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) o Said review must occur within thirty (30) days of the request for review. u Upon such review, the City Commission may take one of the following actions: a. Uphold the Code Compliance Board's recommendation in full. b. Over -rule the Board's decision in full. c. Modify the Board's Final Order. o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 1, , hereby request the City Managers Office to place the above referenced case on the next available City Commission Agenda for review. Signed on this date, the day of 120, America's Gateway to the Gulfstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2011 inspection is more than just a fee. The officers check the lights, signs, fire extinguishers and that they are in the proper place and can be accessed when needed. Ms. Carroll commented, given what Ms. Springer stated, the lien goes to the owner of the property and Mr. Greaves is the owner. The Board's role is to gain compliance. At this point, a motion should be made. Mr. Greaves added since all of these issues began there have not been any additional violations. When a tenant has any kind of violation it is taken care of immediately. He was confident this would not be ongoing. Mr. Borrelli asked Mr. Greaves if he ever spoke with a Compliance Officer. Mr. Greaves replied he has spoken with a Compliance Officer many times. Mr. Borrelli inquired if Mr. Greaves had ever given a Code Officer his address and Mr. Greaves replied he had not been asked. His current address was on the tax records and the mailing address was current. Chair Costantino asked if the LLC property office had to have a fire inspection. Ms. Springer responded every bay in the building had to have a fire inspection. The building inspection consists of the sprinkler systems, certification and an independent inspection of each tenant which consists of their particular business. The only issues in the building have been the bays. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 17, 2008, to the amount of $1,538.09 including administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case No. 09-338 1420 Holdings 1420 SW 30th Avenue Ms. Springer presented the case. The notification of violation was sent on February 4, 2009.. A permit was required for installation of French doors between units 14 and 15, and obtain a permit for demolition of the stud wall for unit 5. The Code Compliance Board hearing was May 20, 2009 and no one appeared. The compliance date and fine set by the Board was June 19, 2009 or $250 a day. The date of compliance was August 4, 2009 for 45 days of non-compliance with a total amount of the lien $11,250 plus administrative costs of $730.15. Raymond Greaves, 137 N. Swinton Ave., Delray Beach, FL. 33444. Mr. Greaves explained this was a notice given on a routine inspection in regards to a hole made in the wall. This was done by the property owner but when Mr. Greaves found out about it, went to the City. The inspectors came back at which time Mr. Greaves explained the 5 BOYNTON BEACH, FLORIDA I Dole 1101A.4 hole was not there when he purchased the building in 1998. Mr. Greaves said he met with Mr, Don Johnson at the Building Department and a complete new occupancy, with new calculations of the entire building, had to be made. The City was there to inspect the hole but found there was no record of French doors as well. Mr. Greaves stated the doors where there since he purchased the building. Mr. Greaves explained the violation was the hole they made in the wall without a permit or authority to do so. Another site plan had to be done because of a change in occupancy. The new calculations cost $16,000 for permit fees and re-engineering. Mr. Greaves felt every time he met with inspectors at the building there was a new violation he needed to address. Ms. Springer advised it was a building issue which was initiated by the Fire Department on an annual inspection. The hole in the wall was actually made through a fire wall separating unit 14 and 15. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $100 including administrative costs. Ms. Brenner agreed with the fine reduction but felt the City is owed the administrative costs. Chair Costantino asked to raise the amount to $730.15 to recover the administrative costs. Mr. Cwynar said he would raise the amount to $250. After a vote of 2-5 the motion failed. (Ms. Yerzy, Mr. Borelli, Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting). Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $730.15 including administrative costs. Vice Chair Cole seconded the motion that passed 6-1 (Mr. Cwynar dissenting). Mr. Greaves asked for clarification of the amount and Chair Costantino responded it includes five inspection and affidavit filing costs for a final amount of $730.15. Case No. 09-355 1420 Holdings 1420 SW 30th Avenue (Isalonli Marble) 1� All CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09-338 1420 HOLDINGS LLC Respondent(s). THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on October 23, 2013, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: L This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on May 20, 2009 on the Property located at 1420 SW 30th Ave. Boynton Beach, Florida, with the legal description of'. LAWSON INDUSTRIAL PARK PL I LT 14, according to the plat thereof as recorded in Plat Book 42, Pages 134 and 135, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-05-08-000-0040 is REDUCED TO $730-15. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense, 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. wONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Nay of , 2013, copies furnished; Honorable Mayor and the City Commission City Attorney City Clerk Respondent 11 � , i I LL Michele Costantino, Chairperson CODE COMPLIANCE BOARD NOV 13 2013 I FIT1 1, M , s' � r '' �