15-791/795 - 1550/1600 N. Federal HighwayI olice Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
,Jeffrey, Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: October 27, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #15-791/795
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:
o 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,
J 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, -_I 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 120
Excerpt requested by City Manager Lori LaVerriere
Carol Dutra Ellis, Special Magistrate
Diane Springer, Code Compliance Coordinator
Carol Ellis, Special Magistrate, called the Hearings to order at 9:06 a.m. and
explained her role and the procedures. Pursuant to Florida Statute, all orders are
appealable to the Circuit Court in Palm Beach County, Florida and not the City
Commission. She explained a fine will be imposed if the violation(s) are not corrected
by the deadline.
II. Swearing in of Witnesses and Introduction
The Minutes Specialist administered an oath to all those intending to testify.
OEMO=
Ms. Ellis approved both the
corrections made to the AuguE
0 Pana 1 of thp Aiiniist rr
not the May 20, 2015
The case should be, rE
Page 26, Case No, 14
Page 35, Case No
not September 15,
� T=
minutes with corrections
ly and August meeting minutes with the following
1, 2015 minutes:
ng minutes, Ms, Ellis approved the June 17th minutes,
rtes with a change on page one to Case No. 15-371.
,d and not tabled.
the administrative fee should be $730.15.
, the compliance date should be September 18, 2015,
o Page 49, Case No. 15-1420, the fine amount should be $100, not $200.
(Begin transcription at 9:59 a.m.)
Case No. 15-7911795 Yachtsman's Properties LLC 1550/1600 N. Federal Hwy.
Diane Springer, Code Compliance Coordinator, explained the case originated on
April 27, 2015. The Code violations for 1550 N. Federal Highway were_
Meeting Minutes
Special Code Magistrate
Boynton Beach, Florida October 21, 2015
• Remove all non -conforming signs that do not meet the aesthetics of the building;
• The site plan does not meet the minimum landscaped irrigation standards;
• Boynton Beach Rehabilitation Center operating without a current Business Tax
Receipt-,
• Pressure clean the walkway;
• Repair the dumpster enclosure;
• Remove debris from inside and around the dumpster;
• Boynton Beach Rehab Center has Fire/Rescue amount due of $150 for an
annual fire inspection fee;
• Owner or designated agent/occupant of the property in which fire extinguishers
are located shall be responsible for inspection, maintenance and recharging; and
• The emergency lighting system shall be arranged to provide the required
illumination automatically in the event of interruption of normal lighting.
The Code violations for 1600 N. Federal Highway were:
• Site not maintained according to the site plan;
• Dumpster area on northeast corner needs a p�
• Pressure clean all mold on walks;
• Repair the stop sign at the exit on Federal Hig
• Remove trash and debris on the property.
The compliance date proposed for the
fine of $200 a day would be imr)osed
violations. The lien was
October 14, 2015, There w
amount of $215200 for both
Ms. Springer explained Ya
they signed the agreemen
started a case for each pro
would be fined twice. She
encompassed both cases.
City received the bond fo
obtain tenants since the
Receipt or Certificate of U,
with many bays.
certified on Ju
:re 106 days of
nd enclosure,
and
ted Agreement was June 29, 2015, or a
ter, On June 30th, there were remaining
5, 2015 and the compliance date was
-compliance at $200 a day for a total lien
tsman's Properties LLC has two separate cases, but when
both properties were included. Ms. Springer clarified staff
arty because Ms. Springer believed Yachtsman's Properties
)inted out when Ms. Ellis certified the lien for $200 a day, it
'he compliance date of October 14, 2015 was the date the
he dumpster enclosures. The Respondent was trying to
ilding was renovated, but could not get a Business Tax
until the lien was addressed. The property was a strip mail
Attorney Jason Evans, representing Yachtsman's Properties was present with Scott
Maslin, a managing member of Yachtsman's Properties who owned the properties at
1550 and 1600 N. Federal Highway. Mr. Evans explained they purchased the property
on January 6, 2015. When they purchased the property there was already an
agreeme . nt in place with the former owner who left the property in grave disrepair and
the tenants caused a lot of problems,
0
Meeting Minutes
Special Code Magistrate
Boynton Beach, Florida October 21, 2015
Mr. Maslin noted the Stipulated Settlement Agreement did not permit extensions. When
Mr. Maslin's team took over, they had slightly less than six months to address all the
issues including a new roof, a repaved and restriped parking lot and surrounding
perimeter. They painted the building, demolished and repaired 36 interior bays and
installed new lighting and signs. This took a lot of time and Mr. Maslin's team pushed
forward; however, they had difficult tenants that did not want to leave. When Mr. Maslin
purchased the property, he was lenient with them and gave them time to find another
location and gave rent concessions which proved to be costly. He had to evict them.
The last tenant was evicted in May 2015.
The tenants destroyed the new roof, paving and the paint job and they demolished the
inside of the property. There was also a lot of criminal conduct at the premises.
Photographs of the new roof they installed for over $100,000 and photos taken the next
day showing someone ripped their air conditioning unit out, dragged it across the roof
causing significant damage were viewed. The new asphalt parking lot they installed had
tire tracks, skid marks and paint dumped o ' n it. Throughout all this time Mr. Maslin
communicated with the City regarding all Police and Planning and Zoning matters and
paid over $580,000 to improve the property. He planned to bring in more suitable
tenants that would be vetted by his team.
Mr. Maslin explained his bank hired an independent third party consultant to manage
the cash flow and payments to third -party contractors. Copies of the checks paid were
included as was a listing of the amounts intended to be spent over the duration of the
project. Mr. Evans had all the contracts to match the checks for the work completed
and mentioned they had $243,507 more committed to final the project.
They spoke to representatives from the City and advised them of what was occurring
and of the revised timeline due to what had occurred. Mr. Maslin commented there was
an extortion attempt from a community member that was out on bail on another
extortion issue. Mr. Maslin named the individual and advised the person was recently in
the news. He had emails from him corroborating the extortion attempts which Ms. Ellis
viewed.
Mr, Maslin commented he took one of the biggest eyesores in the community that was
an epicenter for guns, prostitution, drugs and violence, and through their redevelopment
efforts, reduced the crime rate to almost zero.
Mr. Evans explained the agreement was binding although it was signed by someone
else and he asserted that any owner that would have purchased and improved the
property would not have been able to complete the work in that short amount of time.
Mr. Maslin went beyond the Code. Once completed, the property will be a benefit to the
community.
There were only two issues they could stipulate to from all of the violations detailed in
the agreement which was landscaping and the dumpster, Mr. Maslin explained there
K
Meeting Minutes
Special Code Magistrate
Boynton Beach, Florida October 21, 2015
was landscaping installed, but the contractor did not follow the correct planning and
permitting procedures resulting in the wrong landscaping being planted. The other
issue was extreme dumping with actual unassembled roofs dumped in the back of the
plaza. They felt they could not make the repairs with what was already taking place.
They met with the City, everyone was on the same page, and they have a plan to
expeditiously replace the dumpster enclosures. Ms. Springer agreed they were the only
two items that did not comply, but the City Manager agreed to go forward with lien
reductions due to the bond and the action plan for the landscaping submitted to the City.
Decision
Based on all of the testimony and detailed p
$21,200 to $2,500.
Case No. 15-357 Yachtsman's
. Ellis reduced the lien of
ies LLC 1'600,N. Federal Highway
Ms. Springer presented the case. The Notice of Vio
2015 regarding discharge by user to the public sewer (
or oil) is prohibited. The case was heard on Mar,
appeared. The case was tabled to April 15, 2015, an
provide documentation that the grease was
hearing and Ms. Ellis certified a fine of $'
Springer included minutes from that hearing in
Ms. Ellis inquired why no one appeared and A
of the second hearing and he would have
already resolved before the second hearing. I
his presentation showed they responded to re
drain by hiring a company that pumps and cle;
drainage line.
ft
0 for
tion was sent on February 11,
certain liquids or waste (grease
18, 2015, and Jason Evans
the Respondent was asked to
No one appeared for the April
the irreparable damage. Ms.
p -
Evans responded he did not get notice
:)peared. He explained the issue was
I Evans pointed out pages 17 and 18 of
iation from a tenant spilling oil down the
s the catch basin with a high velocity jet
Mr. Maslin explained there was a timeline in the presentation regarding the oil spill. The
spill was an intentional act from a tenant they were in litigation with and they had a
video, Ms. Ellis commented she had specifically requested information from them and
the City environmentalist had submitted documentation. It was Mr. Maslin's
understanding the information was sent to the City and they complied. Mr. Evans
thought the Code Officer could testify.
Officer Hart explained he spoke with Mr. Maslin who did say via phone that it was
addressed, but he did not get documentation by mail or email about it prior to the
second hearing or thereafter. Mr. Evans asked if Ms. Ellis could table the case to allow
them to provide documentation. They will pay the fine with the earlier case so he could
obtain the Business Tax Receipt. He had tenants lined up.
Mr. Evans thought this would have been better resolved if he had attended the hearing.
Ms. Springer advised a letter was sent March 26, 2015 for the April 15th hearing. The
-19
CITY Of BOYNTON BEACH, FLORIDA
CITY OF 30YNT ON BEACH
Petitioner.
vs. CASE \40,15-7 ,31795
Yf,.Cl-ITS,AAN ROPE (TIES LLC.
T�es�alldent(s.
f F.FN fk;.O I 'IC:'ATT(")P9 O -RI) sR
THIS CAUSE✓ came before the City of Boynton Sc.ach Code C oin� Bance Magistrate on the Respondent's
application for lien reduction on October 21, 2014, pursuant to Chapter 'Pvvo, Article 1^iv,3 of the City Code of Ordinnnc�-,.
f he Magistrate haviot coni, Jered the application, -il the facts rwgarding the specific ,.ode or codes the appealing, party was in
violation of, the date of the original Magisir.: hearing, the date the affid vit of compliance was issued, the current lien
amount and all pertincrit in ornatic:i relating to the specific case and being otherwise duly advised in the premises, it is
hercLlP011,
ORDERED AIND ADJUDGED th-L
I , This Magistrate has subjcc'matter jurisdiction of this casts _ andjurisdiction over the RcsponderiL
2. The t\'esponden( has niet all the lien reduction procedums established by the City Cade of Orditlwnces.
3. Then lien imposed by the Magi trate~ on .7uiy f 5.2011) on the Property located ?,t 1550 N, Federal Hn. &1600
N. FederaI11.vy Boynton Beach, Florida, tivitli the legal description of: —
LOT 19, YACHTMAN'S COVE, ACCORD'NG TO' HL PLAT THEREC" X7 RECORDED IN PLAT t'OOK 3, FADE 225, OF THE
P'J'--:C RECORP0 O`= PLAM REACH COUNTY. ,FLORIDA
OCN: 08-43-45-22-20-00 0-0190
„'..CTedN 1, COW NA COVE, ,.CCC),,' 1DIHG rC THE FLAT THEREOF AS RECORDED IN PLAT "OOK 24, P'Za 14, PUBLIC
R CJI J- C,: �' tL," BEA^.i C21-4 i'Y, FLO; .,DA, LEIS THE RIGHT OF WAY FOR U.S. HIGHvv.,.1, 41 ('-TATE .ROAD S), AS
RECO-".DED N O R BOOK SCe;. PAGr 18 }, MORE PAR`. ICULARt.Y DE ,Ct'JL =D AS FOLLOWS
THA. PART OF SECTIvi1 '1, COC)U[f,.A COVE ACCORDING TO T1lE PLAT BOOK THFRFC7 AS RECORDED IN PLAT BOOK
21, MACE 114, PUBLIC RECORDS OF PALM A:.=ACO r COUNTY, FLCRIDA, CEING 'N SECTRC'J k2 TO'yvNSHiP 45 SOUTH RANGE
4'EAST, 'BUNG le OI, : PARTICULARLY OF`�CRJEIEC -':..5 FOLLOWS.
.i_C.,V ,INCL AT A 'DINT ON THE NORTH LINE Di /AD 2; a 49 F ET N 69 DEGR230 25'00 W CF THE HE CORNER OF SAID
ECTION 1, CAID POINT BEING A POINT ON A ;CURVE GC i,lCAVE TO THE EAST AND HAVING A TANGENT BEARING OF S
07 D GREE:i Sv'23' W THROUGH 3XD ,'OINT, RUN SOUTHERLY ALONG SAID CURVE, HAVING A CENTRAS. ANGLE OF 04
L-CRL2.S =B4O0" ',Nt7 A RADWS OF 7539.49 FEET, A DISTANCE OF 265.6% FLET THROUGH AN ANGLE OF 02 DEGREES
(n'20" TO A PO N'r OF: COMPOUND CJFVE, THENCE SOUTHERLY ON A CURVE, HAVING A C;-NTRAL ANGLE OF `S
CEG?EES 20'03' AND A RADIUS OF 12 "EET, R 131 STANCE OF 19.97 FEET TO THE END OF SAID CL).WE AND A POINT ON
EH.:-. SOUTH LLE C''- F'AID S e ON 1; THENCE N 89 DEGREES 30'00" W ALONG SAID SC':JTH L'" -SE A DISTANCE OF 1'1.65
FLIT TO THE Pi-.QINNING CURVE TO THU }2IGHT; THENCE NORTHV;'=STERLY ON SAID CURVE. :WAVING A CENTRAL
ANGLE OF 94 DEGREES 24'31" AND A RADIUS OF 25 FEET, A DISTANCE OF 41.15 FEET TO A ,'OINT OF COMPOUND
CURVE; THENCE NORTHEASTERLY ON SAID CURVE, HAVING A C=NTRAL ANGLE OF 06 OE.G.RLFW ;,7'G3" AND A RADIUS
OF 5679.65 FEET, A DISTANCE OF 25005 FEET THROUGH AN ANGLE OF 02 DEGREES 31'21° TO THE NW CORNER OF
SAID SECTION 1, THENCE S 89 DEGREES 25'00" E ALONG THE NORTH LINE OF SAID SECTION 1, A DI' TANCE OF 29.24
F'vET TO THE POI NT OF B„ GiININ 3
POW 00-4345.22-06-000.0830
is REDUCED TO 12,500M,
4. The City shall pr .n' -,re a release and satisfaction consiste it with this C)rdcr.
5. The release and satisfaction shall be recorded in the public records of Paled aeac i County ai the Respondent's
expie:Tlse .
6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is property
dispo:;vd by the City Commission.
7, In the event th it elle p -opcxt l own.�r docs not comply with the Magistr;>tc's order, as approved or modified by
th ' C.'it Commission, wlthiri ninety (90) day; ofConamission's action, the Liege Reductiel Order shall be of no further i'arce
or eli'ect, and tale original' lien shall remain on th- property No extensions of the ninety (90) day period shall be penTsitted,
and no further .•-action by the Code Compliance lviagl trate or the City C'ommisrion shall be permitted regarding lien
rc�dL:°:tion.
2
[)ONE AND ORDERED after hearimy at City of Boynton Beach, Palm Bt�acli County, Florida thi,; X day of
015,
C:,rl D. Elli.,
COO'v','COMPLIANCE MAGISTRATE
f fTY CLIER,
cl
cupies furnished:
�ionoraUr- W.yur and *ic Cily Corrrrniv. an
C'ity Attom- y
City C ierk-
RCSPOF16ML
0,