11-3289Police Department
'A CFA Accredited Law En orae wnt 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) 742-6I20
FAX. (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: July 6, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11-3269
In accordance with City Ordinance, Chapter 2, Article V, Sec. 2-90, the enclosed `Lien
Modification Order' is hereby forwarded to you for review. As required this Ordinance,
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.
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 f=inal Order.
D The City Commission shall direct staff to take action consistent with their review
of the 'Lien Modification Order".
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 , 20®.
CITY OF BOYNTON BEACH
Petitioner,
vs.
7 ELEVEN INC.
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 11-3289
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on April 20, 2016, 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, 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:
1. 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 1February 15, 2012 on the Property located at 650 Gateway Blvdy
Boynton Beach, Florida, with the legal description of
QUANTUM PARK AT BOYNTON BEACH PL 9 NLY 228 FT OF ELY 235.60 FT OF LT 65-B, according to the plat
thereof as recorded in Plat Book 60 Pages 32 and 33, of the Public Records of Palm Beach County, Florida,
PCN; 08-43-45-16-33-000-0653 is REDUCED TO �15.i30.15.
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 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. /
ADONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of
G(_ 414.
ATTEST: ,1
kiTY CLERK.®-
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
RE
M
c�
C
Meeting Minutes
Code Special Magistrate Headngs
Boynton Beach, Florida April 20, 2016 -
Case No. 11-3269 7 Eleven Inc
Property Address: 650 Gateway Boulevard
Violation(s): 105.1 Boynton Beach Amendment to
the Florida Building Code, 2007 Ed.
Permits required for remodeling as
noted in red tag.
Mr. Yannuzzi presented the case. Notice of violation was sent on December 6, 2011.
The Code hearing was on December 15, 2012, and Daniel Marino appeared.
Compliance date and fine set was March 31, 2012, or $200 a day. Case came into
compliance on June 25, 2015; there were 1,150 days of non-compilance at $200 a day
for a total lien of $236,000 plus administrative fees of $730.15. There were no
outstanding water bills, taxes or other issues. Inspection was done on March 15, 2016,
where they found a broken clean-out for the sewer system. Re -inspection done on
March 24, 2016, and all Issues were complied. Ms. Ellis reviewed the facts of the case.
Joseph Bishops representative of 7 Eleven Inc, said the business had been
operating as a 7 Eleven since the date of violation. He said the corporation wants to
reduce the lien so they can move forward with another property acquisition in Boynton
Beach, which they are for approximately $1.1 million.
Decision
Based on the testimony, Ms. Ellis ordered the lien reduced to $15,000 plus $730.15 of
administrative costs.