Agenda 02-03-11
AGENDA
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:
Thursday, February 3. 2011
TIME:
6:30 P.M.
PLACE;
BOYNTON BEACH CITY HALL
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BOULEVARD
A.
CALL TO ORDER - Michael Bessell, Chairman
ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
APPROVAL OF AGENDA & MINUTES (MINUTES OF 3118J10 MEETING)
OLD BUSINESS
B.
c.
D.
None
Reference:
Applicant: First Stop Foods
Letter of Appea I
E.
NEW BUSINESS
Explanation:
Applicant:
Reference:
Explanation:
The applicant is appealing the revocation of their
Business Tax Receipt pursuant to Section 13-18(d)
of the Boynton Beach Code of Ordinances. The
revocation of the Business Tax Receipt is due to the
failure to comply to City Codes as determined by
Chapter 13, Section 13-18 and specifically with
multiple counts of public assistance fraud as
documented in Boynton' Beach Police Department
Incident Report 10022409 dated May 12. 2010.
Marwan Inc., dba EZMarket
Letter of Appeal
The applicant is appealing the revocation of their
Business Tax Receipt pursuant to Section 13-18(d)
of the Boynton Beach Code of Ordinances. The
revocation of the Business Tax Receipt is due to the
failure to comply to City Codes as determined by
Chapter 13. Section 13.18 and specifically with
multiple counts of public assistance fraud and
multiple counts of racketeering as documented in
Boynton Beach Police Department Incident Report
10027570 dated June 10,2010.
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Page 2
February 3, 2011
F.
ANNOUNCEMENTS
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk's office. (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request. .
xc: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development & Building Official
S:lf)evelonl1ll;.nl.\Rl OJ nTNfl\Bl)ildint> Aoard of AdilJ~tmellls & Anlleal,\ARenfla fl2fH It ,doc
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AGENDA
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:
Thursday, February 3, 2011
TIME:
6:30 P.M.
PLACE:
BOYNTON BEACH CITY HALL
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BOULEVARD
A.
CALL TO ORDER - Michael Bessell. Chairman
B.
ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
C.
D.
APPROVAL OF AGENDA & MINUTES (MINUTES OF 3/18/10 MEETING)
OLD BUSINESS
None
E.
NEW BUSINESS
Applicant: First Stop Foods
Reference:
Explanation:
Applicant:
Reference:
Explanation:
--<~~~----:-
,,- - -' -- --
Letter of Appeal
The applicant is appealing the revocation of their
Business Tax Receipt pursuant to Section 13-18(d)
of the Boynton Beach Code of Ordinances. The
revocation of the Business Tax Receipt is due to the
failure to comply to City Codes as determined by
Chapter 13, Section 13-18 and specifically with
multiple counts of public assistance fraud as
documented in Boynton Beach Police Department
Incident Report 10022409 dated May 12, 2010.
Marwan Inc., dba EZ Market
Letter of Appeal
The applicant is appealing the revocation of their
Business Tax Receipt pursuant to Section 13-18(d)
of the Boynton Beach Code of Ordinances. The
revocation of the Business Tax Receipt is due to the
failure to comply to City Codes as determined by
Chapter 13, Section 13-18 and specifically with
multiple counts of public assistance fraud and
multiple counts of racketeering as documented in
Boynton Beach Police Department Incident Report
10027570 dated June 10, 2010.
~--
Page 2
February 3. 2011
F.
ANNOUNCEMENTS
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk's office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
xc: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development & Building Official
S'\Develonment\RlI1l.DTNnIRuildinQ Roard of Adjustments & AnnealslAl1enda 020111 dol'
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MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS
MEETING HELD ON THURSDAY, MARCH 18,2010 AT 6:30 P.M.
IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Michael Bessell, Chair
David Buist, Vice Chair
Richard Kurtz
Beverly Agee
Tim Rurey
Tim Large, Interim Chief Building Inspector
Jamila Alexander, Assistant City Attorney
ABSENT:
Richard Darby
Sanford Guritzky
A. Call to Order
The meeting was called to order at 6:31 p.m.
B. Acknowledgement of Members and Visitors
The Recording Secretary called the roll. A quorum was present. The applicant, William
David Poist, was recognized.
C. Approval of Agenda & Minutes (Minutes of 5/28/09 Meeting)
There was one correction to the minutes on page 2 as follows: Section FloFida Sla~
105.3.2. of the Boynton Beach Administrative Amendments to the 2007 Florida Suildin
Code.
Motion
Mr. Buist moved to approve the minutes as amended. Mr. Kurtz seconded the motion.
Vote
Roll call was taken. The vote was 5-0.
D. Old Business
None.
--.....~~,.::-
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Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, FL
March 18, 2010
E.
New Business
Applicant: William David Poist
C1 Construction, Inc.
Reference: Renaissance Commons
Explanation: Applicant is appealing Section 105.3.2 (Time
limitation of application) of the City of
Boynton Beach Administrative
Amendments to the 2007 Florida Building
Code, and is requesting another 12-month
extension to permit application numbers
05-6776 and 05-6778 and 05-6780 with all
the same preservations previously granted
and approved on December 18, 2008.
Tim Large, Interim Chief Building Official. explained the Building Department supported
the request for the permit extensions.
William David Poist, builder for the project, explained they were moving forward and
would be starting Building 3 by the end of the month. The plans for the garage in
Building 1 were being submitted and the engineering permits were ready to be issued
for Building 2. Mr. Poist advised the extension would be for one year. The project was
a two-year project and would take 20-24 months from the time they received their
permits. He further anticipated they would receive their funding by May 1, 2010.
Motion
Mr. Buist moved to extend the permit application for one year based on previous
precedents that the Board extended it with the Building Department and applicant's
agreement that this was in their best interest. Mr. Kurtz seconded the motion.
Vote
A roll call vote was taken. The vote was 5-0.
There was brief discussion about the project.
F. ANNOUNCEMENTS
None.
....... --0;..-'
Meeting Minutes
Building Board of Adjustments and Appeals
Boynton Beach, FL
March 18, 2010
ADJOURNMENT
There being no further business to discuss, Ms. Agee moved to adjourn. The motion
was duly seconded and unanimously passed. The meeting adjourned at 6:37 p.m.
11 11 I
L~ ~AJlJ.k
Catherine Cherry a
Recording Secretary
032210
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
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www.boynton-beach.org
January 20, 2011
VIA CERTIFIED MAIL
Mr. Michael Bessell, Chairman
2657 SW 23rd Cranbrook Drive
Boynton Beach, FL 33436
RE: Revocation of Business Tax Receipts for Marwan Inc., dba EZ Market and
First Stop Foods
Dear Mr. Bessell and Board Members:
Attached is the agenda for the February 3,2011 meeting. The applicants, Marwan Inc., dba
EZ Market of 1005 N. Seacrest Boulevard and First Stop Foods of 2755 S. Federal Highway,
is appealing the revocation of their Business Tax Receipts pursuant to Part II, Chapter 13,
Section 13-18 of the City of Boynton Beach Code of Ordinances.
The City revoked the Business Tax Receipt, effective November 24,2010, due to the
following violations of state and local laws as evidenced by the charges documented in
Boynton Beach Police Department Incident Report #10022409 dated May 12, 2010 for First
Stop Foods at 2755 South Federal Highway, Boynton Beach, Florida and Boynton Beach
Police Department Incident Report # 10027570 dated June 10,2010 for business known as
EZ Market located at 1005 N. Seacrest Boulevard, Boynton Beach, Florida.
Pursuant to Section 13-18(d) of the Boynton Beach Code of Ordinances, Marwan Inc., dba
EZ Market and First Stop Foods are appealing the revocation of their Business Tax Receipts
to the Building Board of Adjustment & Appeals. This appeal process applies ONLY to the
revocation of the Business Tax Receipts.
sincere.IY, . /J
d/1/(~/ (
Andrew P. Mack, P.E., CBO, LEED AP
Interim Building Official
APM:pt
Attachment
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. Page 2
January 20J 1
Michael Bessell
RE: Marwan Inc., dba EZ Market and
First Stop Foods
Xc: Members of Building Board of Adjustment & Appeals
Via Reaular Mail
City Commission Members
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Janet Prainto, City Clerk
Recording Secretary
Quintus Greene, Director of Development
Timothy K. Large, Deputy Building Official
Karl Swierzko, Chief Field Inspector
Maxime Ducoste-Amedee, Zoning & Business Tax Manager
Lawrence A. Hashish, Esq. for Applicant Marwan Inc., dba EZ Market
169 East Flagler Street, Ste 1241, Miami, FL 33131
Via Certified Mail Article No.
Radi Gali, Marwant, Inc. dba EZ Market, 1005 N. Seacrest Boulevard, Boynton Beach,
FL 33435, Via Certified Mail Article No.
Mohammad Chawdhury, First Stop Foods, 2755 S. Federal Highway, Boynton Beach,
FL 33435, Via Certified Mail Article No.
Mohammad M. Rahman, First Stop Foods, 2755 S. Federal Highway, Boynton Beach,
FL 33435, Via Certified Mail Article No.
S:\Development\BUILDING\BuildinQ Board of Adiustments & Appeals\Bd of Adis & Appeals mtQ EZ Market 2-3-11.doc
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Page 1 of 1
Cherry-Guberman, Catherine
From: richard darby [ricdarby@live.com]
Sent: Saturday, January 29, 2011 2:44 PM
To: mack@bernardtitle.com
Subject: hi
this is not to good to be true this way i don't deal with a higher position than me i excepted this offer n
never looked back i cant believe how things have turned out for me it is not unlikely to become
successful htto:/ /bit.lv/f2kh18
2/3/2011
City of Boynton Beach
Department of Development
Building Division
BUILDING BOARD OF ADJUSTMENT AND APPEALS-APPLICATION
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JAN 0 3 2011
BUILDING DI\IISION
Submittal Deadline: 30 days after decision ;s rendered by the Building Division
Please print or type Submittal Date: 0/ / O}; // /
Filing Fee: $100 payable to the City of Boynton Beach
The undersigned owner(s) hereby respectfully petition(s) the Building Board
of Adjustment and Appeals to grant to petitioner(s) an appeal of decisions and
interpretations of the Building Official and consider variances of the technical codes:
Section(s) to be appealed: ffA.r-l-.J
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Property involved is described as follows:
Subdivision 13"7/11,;;" II.{/~
or otherwise described as follows:
Lot(s) /5U 1. /SI , Block 0
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Property Address: 100<:,- /t~.IL.. Se.~-(J('sJ give!, /!,e>Y/J/....'" 1"&.C4 I /L-
Name and Address of Owner: ","vI. ,,:.r t-',J' 4l;/.wp/O c.I.....I. '
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Name of Applicant: _/(..&1. t~ I. .
Applicant's Phone Number: '> (p( - 70) -) Y'yl
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Date: 0/ /03///
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Signature of Applicant
THE NOTICE OF APPEALS SHALL CONTAIN:
1. A clear and concise statement of the order and decision of the Building Official sought to
be appealed and the date thereof.
2. The reasons for which the appeal is taken and a definite and detailed statement of relief
sought from the Building Board of Adjustment and Appeals.
3. The notice of appeal shall be signed by the applicant or his/her duly authorized agent and
it shall have appended to it copies of any plans, drawings, rules or regulations or other
documents that would be pertinent and materials to the hearing of the appeal.
In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter
period. ~~@~UW~ID)
100 East Boynton Beach Blvd. po Box 310, Boynton Beach FL 3342~310 Phone: (561)742-6350 ~~),.. <
S:\Deve/opmentlBuildinglFonns& TemplatesVn-HouselBuilding Board of Adjustment and Appeals Application (4193, 7/95, 10/geU(lD~~N
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.u5
www,boynton-beach.org
MEMORANDUM
TO: Andrew Mack
FROM: Janet M. Prainito, MMC
City Clerk
DATE: December 6, 2010
SUBJECT: Notice of Appeal of the Notice of Revocation of Business Tax
Receipt for Marwan Inc. dba EZ Market
Attached for your information and fie is the Notice of Appeal mentioned above.
Please contact me if there are any questions. Thank you.
~Yn. ~n
Attachment
C: Central File
Pat Tucker
Maxime Ducoste
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BUILDING DIVISION
s:\CC\ WP\Tammy\Noticc of Appeal of Revocation of Busincs,; 1.1';C .doc
,4merica \ Gatevvay to the GU/fc\'tream
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LAW OFFICES OF
LAWRENCE A. HASHISH, P.A.
169 EAST FLAGLER STREET, SUITE 1241
MIAMI, FLORIDA 33131
Office: 305.373.6773 Fax: 305.373.3832
hashish320@hotrnail.com
December 3, 2010
City Clerk
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Building Board of Adjustments and Appeals
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re: "NOTICE OF APPEAL" of the Notice of Revocation of the
Business Tax Receipts for Marwan Inc., dba EZ Market, 1005 N.
Seacrest Blvd, Boynton Beach, FL 33435
To Whom It May Concern:
I represent Marwan, Inc. I hereby file this Notice of Appeal regarding the
City of Boynton Beach's decision to revoke Marwan, Inc.'s Business Tax
Receipts.
\!;ery truly your,s,
/
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Lawrence A. Hashish, Esq.
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Radi Gali for Marwan, Inc.
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LAW OFFICES OF LAWRENCE A. HASHISH, P.A.-:169-E- FLAGLER ST, SUITE 1241 MIAMI. FLORIDA. 33131 TELEPHONE (305) 373-6773. FACSIMILE (305) 373-3832
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
Business Tax Division
100 E, Boynton Beaer, Bouleviln
P,O, Box 310
Boynton Beach, Rorida 33425-0310
TEL: 561-742-6360
FAX: 561J42-63H
www,boyntor-beach,org
November 10, 2010
VIA REGULAR AND CERTIFIED U.S. MAIL
RETURN RECEIPT REQUESTED
Mr. Radi Gali, President
Marwan, Inc.
1005 N. Seacrest Blvd,
Boynton Beach, FL 33435
RE: Notice of Business Tax Receipt Revocation
Dear Mr. Gali:
Pursuant to Part II, Chapter 13, Section 13-18 of the City of Boynton Beach Code of Ordinances, the City
of Boynton Beach is hereby providing you with Notice of Revocation of the Business Tax Receipts
for the business known as EZ Marketwhich is located at 1005 N. Seacrest Blvd., Boynton Beach, Florida.
The City is revoking the Business Tax Receipt, effective November 24, 2010, due to the following violations
of state and local laws as evidenced by the charges documented in Boynton Beach Police Department
Incident Report #10027570 dated June 10, 2010:
. Multiple counts of racketeering
. Multiple counts of public assistance fraud
A copy of the relevant City Code of Ordinance sections is attached for your reference. Section 13-18( d) of
the City of Boynton Beach Code of Ordinances provides for the right to appeal the revocation of the
Business Tax Receipt. If you desire to appeal the revocation, you must submit your appeal, in writing, to
the City Clerk no later than December 6, 2010. The appeal will then be heard by the City's Building Board
of Adjustment.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Sincerely,
CZ7;-~Al!--
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Zoning and Business Tax Manager
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. Page 2
November 9, 2010
cc: Mayor Jose Rodriguez and Members of the City Commission
Kurt Bressner, City Manager
James A. Cheraf, City Attorney
File
bee: Quintus Greene, Director of Development
S:\Planning\Business TaX\Occupational\lETTERS\Year 2010\EZ Market Business Tax Receipt Revocation Letter.doc
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HovntorJ Beach Code
Sec. 13-17. Methods of enforcement: injunction;
code enforcement.
ia) The specific penalties and enforcement
mechanisms contained within this article are not
exclusive remedies and shall not be construed a~
prohibiting the city from seeking other fines and other
remedies authorized by city, state, or common law
(b) Any person subject to and who fails to
secure a business tax receipt required by this chapter
or any other ordinance of the city or law of the State
of Florida, shall upon petition by the city be enjoined
by the circuit court from engaging in the business in
which he has failed to secure said license, until such
time as he shall secure same, including all costs of
such action.
(Ord. No. 94-15, {ll, 6-21-94; Ord. No. 95-22, S 2.
7-5-95; Ord. No. 06-096, S 2, 1-2-07)
See. 13-18. Right to deny issuance, renewal,
transfer, revocation; right of appeal.
(a) The city may refuse to issue, reissue or
transfer any license provided for in this chapter when:
(1) Issuance will result in the violation of
applicable city, county, federal or state law, or
(2) When the City's Code Enforcement
Board has issued an order finding a code violation and
the violation has not been corrected, or
(3) When the City's Code Enforcement
Board has issued an order imposing a fine and the fine
remains unpaid.
(b) In the case of refusal to issue, reissue or
rransfer any license on one of the foregoing grounds,
the city shall notify the license applicant or license
holder in writing the basis for such refusal to issue,
reissue or transfer a license with specific reference to
the provisions of the City Code or Code Board Order
which the city asserts constitutes grounds for denial.
(c) The city shall have the right and authority to
revoke, with fifteen (15) days written notice, any
business taX receipt granted under this chapter and
issued to any person, whenever it is made to appear
2007 S-28
.........,... ---~-'-~--
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that the busmess method or operation or work bemg
conducted Jf ::arried on by the licensee wille!'
constitutes the violation of any applicable city, COUnt,
or state 13\\
I d I !\f] applicant who IS denied issuance.
reissuance or transfer of a license or whose license has
been revoked may, within ten (10) calendar days of
the denial or revocation, file a written appeal of the
denial or revocation to the Building Board of
Adjustment The Notice of Appeal shall be filed witb
the City Clerk
i e) The Board shall meet within thirty (30) days
and shall conduct a quasi-judicial evidentiary hearing.
The initial burden of proof shall be on the City to
establish that the refusal or denial to issue, reissue or
transfer a license is based on the grounds as set forth
in division (a) above. The burden then shifts to the
applicant to prove that the applicant is exempt from
application of the City, County, Federal or Stare law,
that the Code violation has been corrected, or that the
Code Board fine has been paid. The Board shall issue
<1 final order with fmdings of fact
(n The decision of t..l-te Building Board of
Adjustment shall be final and shall only be subject to
review by writ of certiorari to Palm Beach Coumy
Circuit Court.
\gj A Notice of Appeal stays the denial or
revocation of the license until the appeal process is
completed
(hj When denial of the issuance or reissuance of
a license is based on division (a)(3) above, the Notice
of Appeal shall be accompanied by payment of the
outstanding Code violation fine.
(Ord. No. 94-15, g 1,6-21-94; Ord. No. 95-22, S 2
7-5-95; Ord. No. 06-071. S 2, 7-18-06; Ord. No
06-096, S 2. ]-2-07)
Sec. 13-19. Special permits for nonprofit
enterprise.
The city shall issue special permits, without
payment of any license fees or other charges therefor.
to any person or organization for the conducting or
operating of a nonprofit enterprise, either regularly 0;
temporarily. when the applicant signs an affidavit that
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City of Boynton Beach
Department of Development a
Building Division / ()~. Cu~~
BUILDING BOARD OF ADJUSTMENT AND APPEALS APPLICATION .l'J-/~!to
Submittal Deadline: 30 days after decision is rendered by the Building Division
Please print or type Submittal Date: I~',<~ -/#
Filing Fee: $100 payable to the City of Boynton Beach
The undersigned owner(s) hereby respectfully petition(s) the Building Board of
Adjustment and Appeals to grant to petitioner( s) an appeal of decisions and
interpretations of the Building Official and consider variances of the technical codes:
Section(s) to be appealed: ABOUT €.USI \'f E.55 TA-)c 'f<E VOCA:,10r! NOTI CE
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Property involved is described as follows: Lot(s)
Subdivision , Plat Book
, Block
, Page
or otherwise described as follows: FIR ST 57(/ P Fa; 1:>
Property Address: !21-~~ S&UTIf ffj)E.-((',I)'- /.fur
Name and Address of Owner: M()1I1IItJ6A-.1J ~. C flIIMI/)fWRy 6' frJl'JltllmmEJ J41. f(MPMIH'I
tl?!% 5'dt ~d,yd/lW')I':gpy~ BeAd,~L- :3?Y~j,
Name of Applicant: fJ1t/A~p/ CAawc/,.{ury ,
Applicant's Phone Number: rtl -5tl(- 9~6 5' Date: /Z-:<7"-//J
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t;.2! Signature of Applicant
THE NOTICE OF APPEALS SHALL CONTAIN:
1. A clear and concise statement of the order and decision of the Building Official sought to
be appealed and the date thereof.
2. The reasons for which the appeal is taken and a definite and detailed statement of relief
sought from the Building Board of Adjustment and Appeals.
3. The notice of appeal shall be signed by the applicant or hislher duly authorized agent and it
shall have appended to it copies of any plans, drawings, rules or regulations or other
documents that would be pertinent and materials to the hearing of the appeal.
In the case of a building or structure, which, in the opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his decision, limit the time for such appeal to a shorter
period.
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CITY OF BOYNTON BEACH
Boynton Beach, Florida
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7:he City of Boynton Beach
....
DEVELOPMENT DEPARTMENT
Business Tax Division
lOG E. Boynton Beach Boulp'iiJrri
PO Box i
Boynton Beach, Florid2: 33';
TEL: 561-74=>c;J6(
FAX 56l~4~-G36~
www.boynton-oeacn.orr;
November 10, 2010
VIA REGULAR AND CERTIFIED U.S. MAIL
RETURN RECEIPT REQUESTED
Mr. Mohammad Chawdhury
First Stop Foods
2755 S. Federal Highway
Boynton Beach, FL 33435
RE; Notice of Business Tax Receipt Revocation
Dear Mr. Chawdhury:
Pursuant to Part II, Chapter 13, Section 13-18 of the City of Boynton Beach Code of Ordinances, the City
of Boynton Beach is hereby providing you with Notice of Revocation of the Business Tax Receipts
for the business known as First Stop Foods which is located at 2755 South Federal Highway, Boynton
Beach, Florida. The City is revoking the Business Tax Receipt, effective November 24, 2010, due to the
following violations of state and local laws as evidenced by the charges documented in Boynton Beach
Police Department Incident Report #10022409 dated May 12, 2010:
. Multiple counts of public assistance fraud
A copy of the relevant City Code of Ordinance sections is attached for your reference. Section 13-18( d) of
the City of Boynton Beach Code of Ordinances provides for the right to appeal the revocation of the
Business Tax Receipt. If you desire to appeal the revocation, you must submit your appeal, in writing, to
the City Clerk no later than December 6, 2010. The appeal will then be heard by the City's Building Board
of Adjustment.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Sincerely,
/
Boynton Beach Code
Sec. 13-17. Methods of enforcement: injunction;
code enforcement.
(a) The specific penalties and enforcement
mechanisms contained within this article are not
exclusive remedies and shall not be copstrued as
prohibiting the city from seeking other fines' and other
remedies authorized by city, state. or common law.
(b) Any person subject to and who fails to
secure a business tax receipt required by this chapter
or any other ordinance of the city or law of the State
of Florida, shall upon petition by the city be enjoined
by the circuit court from engaging in the business in
which he has failed to secure said license, until such
time as he shall secure same, including all COStS of
such action.
(Ord. No. 94-15, S 1, 6-21-94; Ord. No. 95-22, S 2,
7-5-95; Ord. No. 06-096, S 2, 1-2-07)
Sec. 13-18. Right to deny issuance, renewal.
transfer, revocation; right of appeal.
(a) The city may refuse to issue, reissue or
transfer any license provided for in this chapter when:
(1) Issuance will result in the violation of
applicable city, county, federal or state law, or
(2) When the City's Code Enforcement
Board has issued an order finding a code violation and
the violation has not been corrected, or
(3) When the City's Code Enforcement
Board has issued an order imposing a fine and the fine
remains unpaid.
(b) In the case of refusal to issue, reissue or
transfer any license on one of the foregoing grounds,
the city shall notify the license applicant or license
holder in writing the basis for such refusal to issue.
reissue or transfer a license with specific reference to
the provisions of the City Code or Code Board Order
which the city assens constirutes grounds for denial.
(c) The city shall have the right and authority to
revoke, with fifteen (15) days written notice, any
business tax receipt granted under this chapter and
issued to any person, whenever it is made to appear
2007 5-28
that the business method or operation or work being
conducted or carried on by the licensee which
constitutes the violation of any applicable city. coumy,
or state la\\'.
(d) An applicant who is denied issuance,
reissuance or transfer of a license or whose license has
been revoked may, within ten (] 0) calendar days of
the denial or revocation, file a written appeal of the
denial or revocation to the Building Board of
Adjustment. The Notice of Appeal shall be filed with
the City Clerk.
(e) The Board shall meet within thiny (30) days
and shall conduct a quasi-judicial evidentiary hearing.
The initial burden of proof shall be on the City to
establish that the refusal or denial to issue, reissue or
transfer a license is based on the grounds as set forth
in division (a) above. The burden then shifts to the
applicant to prove that the applicant is exempt from
application of the City, County, Federal or State law,
that the Code violation has been corrected, or that the
Code Board fine has been paid. The Board shall issue
a final order with findings of fact.
(f) The decision of the Building Board of
Adjusrrnent shall be final and shall only be subject to
review by writ of ceniorari to Palm Beach County
Circuit Court.
(g) A Notice of Appeal stays the denial or
revocation of the license until the appeal process is
completed.
(h) When denial of the issuance or reissuance of
a license is based on division (a)(3) above, the Notice
of Appeal shall be accompanied by payment of the
outstanding Code violation fme.
(Ord. No. 94-15, ~ 1, 6-21-94; Ord. No. 95-22, ~ 2,
7-5-95; Ord. No. 06-071, S 2, 7-18-06; Ord. No.
06-096, S 2, 1-2-07)
Sec. 13-19. Special permits for nonprofit
enterprise.
The city shall issue special permits, witham
payment of any license fees or other charges therefor,
to any person or organization for the conducting or
operating of a nonprofit enterprise, either regularly or
temporarily. when the applicant signs an affidavit that
.--- ~'~":'
. --.:;- _.
7 Regulars - 2 Alternates
Staggered Three-year Terms for Regular Members
One-year terms for Alternates
Established per Ordinance No. 76-11
J-3 --1/
2011
BUILDING BOARD OF ADJUSTMENT & APPEALS
EXPIRES~OS.!f~tONE
12/12 737 -9004
Appt'd 1/19/10 742-7510 (F)
901-1520 (C)
bQa717@aol.com
MEMBER ~
dS; AGEE, Beverly . r-=-\fSO
~ 832 SW 33rd Place 1 L"\
(33435) ~\ U
P BESSELL, Michael - Chair ~
2657 SW 23rd Cranbrook r
(33436)
^, BOGGESS, Boyd S.
I-\" 703 SW 27 Terrace
l (33435)
A DARBY, Richard
,. 905 Villa Circle
(33435)
f
A
f
GURITZKY, Sanford
14 Estate Drive
(33436)
~
KURTZ, Richard (Resigning)
1221 SW 26 Ave
(33426)
RUREY, Timothy \.[
730 Ocean Inlet Dr.
(33435)
f
AL TERNATES:
SHORES, Richard t I
2652 NE 4th Court ~
(33435)
OPEN 12/11
12/13 \/
Appt'd 12/16/08 '\
12/13
Appt'd 6/15/10
12/11
Appt'd 3/3/09
12/12 \ I
Appt'd 1/5/10' '\
12/12
Appt'd 1/5/10
12/13 \. I
Appt'd 5/15/08 \
12/11 -. I"~
Appt'd 12/07/10
PROFESSION
Attorney
735-3293 (H)
393-7944 (W)
239-1827 (C)
MBessell@aol.com
Structural Inspector/
Plans Examiner
245-1193
boYdo@yoyo.orq
Contractor/Owner
506-8979
ricdarbY@live.com
Mortgage Broker
734-8899
1 sandq@comcast.net
Retired
737 -0625
rekurtz@juno.com
Semi-retired
Elec. Eng. Consult
954-786-9119 (W)
trureY@charlandrurey.com
561-573-4567 (C)
General Contractor
317-3471 Gen. Mngr &
shoresra@my.palmbeachstate.edu Network Adm
CITY REPRESENTATIVE: ANDREW MACK, 742-6982
INTERIM BUILDING OFFICIAL
Updated: 2/2/11
S:\CC\WP\BOARDS\L1STS\2011 Board List\BLDG BD OF ADJ & APPEALS .doc