09-3839 - First Impression AcademyDate:
To:
From
RE
Police Department
to CPA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (5611742-6383
October 12, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3839
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)
a Said review must occur within thirty (30) days of the request for review.
a 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.
Lj 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 J 2011.
America's GateLuay to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL September 19, 2012
about it, she did not have the opportunity to provide a work order to Ms. Springer within
30 days and have the fee waived. A copy of the letter the employee left for Ms. O'Keefe
was included in the meeting materials. The day after Ms. O'Keefe spoke with his.
Springer, she came in and paid the fee of $175, Ms. O'Keefe explained she and her
husband were the sole owners.
Chair Costantino inquired why Ms. O'Keefe did not check with the General Manager or
double check on the operation. Ms. O'Keefe explained she was involved in the
business, but not in the day-to-day operations, and she had no reason to distrust the
employee, She had a 15 -year history with the employee who was educated and
seemed to have Ms. O'Keefe's best interests at heart. Ms. O'Keefe explained she was
proactive They had problems with the alarm company so they got another.
When prompted by the Board about whether money was taken, Ms. O'Keefe responded
she did not want to make accusations that were not proven. She had consulted an
attorney about unaccounted funds and with the verification needed, it would be cost
prohibitive. Her concern was to have her schools accredited, which were now both gold
sea] accredited. Ms. O'Keefe did not file a police investigation and a suggestion was
made to her that the matter could be pursued criminally.
The members agreed this case had extenuating circumstances.
Untinn
used on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent, First Impressions Academy of Boynton, Inc.,
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. Carroll moved that this Board
reduce the fine instituted in the aforementioned case by virtue of this Board's Order of
January 21, 2009, to an amount of $1,038,09 including administrative costs, Mr. Foot
seconded the motion that unanimously passed.
Case No, 09-3839 First Impressions Academy 3520 Old Boynton Rd.
of Boynton Inc.
Nis, Springer presented the case which pertained to non-payment of Annual Fire
Inspection Fees, The case was heard on January 20, 2010, and no one appeared. A
compliance date was set for January 30, 2010, or a fine of $50 per day would be
imposed thereafter. The violations were corrected on April 25, 2012, Ms. Springer
explained this case arose during the same time the employee was employed as the
general manager as in the previous case. She checked the record and explained every
fire inspection fee prior to and after the subject time period was paid in full and on time.
This tee was likely left on the desk unaddressed. Ms. O'Keefe had sent her copies of
Meeting Minutes
Code Compliance Board
Boynton Beach, FL September 19, 2012
payments that were made because she thought they were paid all along. Ms. Springer,
pointed out the missed payment and she did not have a record of payment for it.
Janice O'Keefe, 3520 Old Boynton Road, Boynton Beach, had no further testimony as
the circumstances were the same as the previous case.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent, First Impressions Academy of Boynton Inc.,
has compiled with all lien reduction procedures set forth in Section 2-84 through 2-89 of
the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce
the fine instituted in the aforementioned case by virtue of this Board's Order of January
20, 2010, to an amount of $8,46.03 including administrative costs. Ms. Yerzy seconded
the motion that unanimously passed.
Case No. '12-1240 Lake Success Rentals LLC
Location: '19 Peachtree Place
Violation(s): CO CH10 SEC 10-56 (D)
CO CHI 3 SEC 13-16
Repair or replace damaged or missing stucco
on exterior wall. Business Tax Receipt needed
to rent residence.
Officer Herring presented the case as contained in the notice of violation. Staff
recommended 30 days be given to correct the violations.
Motion
Based on the testimony and evidence presented in the aforementioned case, Mr.
Bucella moved that this Board find that Lake Success Rentals LLC is in violation of the
City of Boynton Beach Code sections cited and moved to Order that the Respondent
correct the violations on or before October 19, 2012, The Board has considered the
gravity of the violations, the actions taken by the Respondent and any previous
violations by the Respondent and hereby orders that if the Respondent does not comply
with this Order, a fine in the amount of $150 per day for each day the violations continue
past October 19, 2012, plus administrative costs shall be imposed, The Respondent is
further ordered to contact the City of Boynton Beach Code Compliance Division in order
to arrange for re -inspection of the property to verify compliance with this Order. Ms.
Carroll seconded the motion that unanimously passed.
Case No. 12-1462 Southern Homes of Palm Beach
Location-. 3081 Waterside Circle
Violation(s): CO CH10 SEC 10-56 (A) (B)
im
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CI'T'Y OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09-3839
FIRST IMPRESSIONS ACADEMY OF BOYNTON INC,
Respondent(s).
LIED MODIFICATION ORDER
THIS CAUSE camc before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on September 19, 2012, 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 premises, 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 January 20, 2010 on the Property located at 3520 Old Boynton Rd.,
Boynton Beach, Florida, with the legal description of:
19-45-43, P137P19 TR 53 (LESS N 377.16 FT OF S 657.28 FT OF W 141.06 FT, S 260 FT, E 15 FT & TRGLR COR,
according to the plat thereof as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-19-05-053-0010 is REDUCED TO $846.03.
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, v.,•ithin 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.
DOME AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thieq IV
day of
'2012.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
ta
0EP�r
CITY '
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD