09-355 - 1420 Holdings (Isaloni Marble)Date:
To:
From:
RE:
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
R 0. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fav (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 #09-355
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:
L3 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)
Ej 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.
Li The City Commission shall direct staff to take action consistent with their review of the
"Lien Modification Order".
1, , hereby request the City Manager's
Office to place the above referenced case on the next available City Commission Agenda for
review.
Signed on this date, the day of , 20®
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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.
2=
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. Boreffi, Chair Costantino, Vice Chair Cole and
Ms. Brenner dissenting).
A=.* a
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
(Isaloni Marble)
1.1
OCTOBER 23, 2013
Ms. Springer presented the case. The notice of violation was February 4, 2009 for the
non-payment of annual fire inspection fee. The Code Compliance Board hearing was
April 15, 2009 and no one appeared. The compliance date and proposed fine set by the
Board was April 25, 2009 or $100 a day. There was compliance on June 25, 2009 for
60 days of non-compliance at $100 a day for a total fine amount of $6,000 plus
administrative costs of $634.12.
Raymond Greaves, 137 N. Swinton Ave., Delray Beach, FL. 33444 indicated this
was the same as the Regency Design case where the tenant failed to pay the annual
inspection fee. He commented once he was aware of the violation he paid the fee.
Motion
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. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of April 15, 2009, to the amount of $634.12. Vice
Chair Cole seconded the motion that passed 5-2 (Ms. Carroll and Mr. Cwynar
dissenting).
Case No. 09-956 1420 Holdings 1420 SW 30th Avenue
(innovative Wood Studios, LLC)
Ms. Springer presented the case. T notice of violation was April 7, 2009 for non-
payment of annual fire inspection fee. The Code Compliance hearing was May 20,
2009 and no one appeared. The compliance date and proposed fine set by the Board
was May 30, 2009 or $100 a day. Date complied was June 25, 2009 for 25 days of
non-compliance at $100 a day for a total fine amount of $2,500 plus administrative costs
of $634.12.
Raymond Greaves, 137 N. Swinton Ave. Delray Beach stated this was the same
situation as the previous two cases.
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 $634.12 including
administrative costs. Motion was seconded by Vice Chair Cole that passed 4-3 (Mr.
Borrelli, Ms. Carroll and Mr. Cwynar dissenting).
VA
CITY OF BOYNTON BEACH
Petitioner,
vs.
1420 HOLDINGS LLC
ISALONI MARBLE
Respondent(s).
CODE COMPLIANCE BOARD
lonr -1
CASE NO. 09-355
LIEN MODIFICATION ORDER
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 promises, it is hereupon,
ORDERED AND ADJUDGED that:
1. 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 April 15, 2009 on the Property located at 1420 SW 30'h 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 $634.12.
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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thisL-44,
iiay of
2013,
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILIED
Respondent
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD