10-2828 - Chackman Motel, IncPolice Department
"A CFA Accredited Law Enforcement Agency
100 E. Boynton Beach Boulevard
Boynton Beach, Plonda 33425-0310
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Diuision
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date- June 25, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10-2828
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:
Li 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)
D Said review must occur within thirty (30) days of the request for review.
o 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.
u 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_.
I a9whi I Lei
Case No, 10-2828 Chackman Motel, Inc.
Property Address: 706 W. Boynton Beach Blvd.
Violation(s), BBA FBC'07 ED. 105.1
ivirTY&A hti I
Obtain permit for five HVAC units installed
without permit for Bay number 101.
Ms. Springer presented the case. The Notice of Violation was sent September 23,
2010. This case came before the Board on November 17, 2010 and no one appeared.
The compliance date set by the Board was December 17, 2010 or a fine of $1,000 per
day. The property came into compliance on January 18, 2014 for 1,117 days of non-
compliance. The total amount of the lien is $1,000,117 and the administrative fees of
$922.21
Edgar Bennis, Attorney for Chackman Motels and Leonard ChaGkman, stated this
is part of the renovations to the Center.
Ms. Ellis inquired why the fine was set at $1,000 per day. Ms. Springer responded at
the time the Board was doing each case at $200 per day for one unit, this case had five
units that did not have permits. Mr. Bennis commented the five HVAC units pertained to
one tenant.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien
reduction to $2,500 plus administrative costs of $922.21 for a total cost of $3,422.21.
NOTE: This section is taken out of order
D. Fine Certification — Reconsideration of Certification of Fine
Case No. 14-102 Robert & Teresa Traxler
Property Address: 194 SE 27th
Avenue
Violation(s): CO CH 13 SEC. 13-16
LDR CH3 ART. IV Sec. 3 (D)
Apply for and pass inspection for the Business
Tax Receipt for your rental property. Over 1 ton
vehicle cannot be parked in a residential
zoning district. Please remove the tow truck.
Ms. Springer stated there was a Cease and Desist Board Order placed on this property.
The City Manager requests this Board Order be rescinded until the Ordinance can be
reviewed by the City Commission and a decision made whether to change the
Ordinance or not.
1H
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs, CASE NO. 10-2828
CHACKMAN MOTELS INC.
Respondent(s),
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on May 21, 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances. The
Magistrate 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 Magistrate hearing, tho date the affidavit of compliance was issued, the current lien
amount and all pertinent information relating to the specific case and being otherwise duty advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED that:
I , This Magistrate 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 Magistrate on November 17, 2010 on the Property located at 706 W. Boynton Beach
flLvL Boynton Beach, Florida, with the legal description of:
LAKE BOYNTON ESTE PL I LTS 3 THRU 9, LT 10 (LESS W 10 FT), LTS 13 THRU 22 & LTS 23 & 24 (LESS N 58,80
FT) BLK 3, according to the plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County,
Florida,
PCN: 08-43-45-29-01-003-0030 is REDUCED TO $3,422.21.
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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this
,2014.
ATTEST:
1--N -i'W- ). -
C CLERK
-'pyi"CfLui"nished:
Honorable Mayor and the City Commission
City Attorney
City Clerk W:1LFD
Respondent
JUN
Ctj� CLERK )s OFFICE
11
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
day of