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11-241 - Safety Solutions 3457 High Ridge Rd��^�~ Department �n���V�N� "u CFA Accredited Law Enforcement Agency" /ooE. Boynton Beach owoem,ru pn. Box s/o Boynton Beach, rsriuooa425-o31n p*vne:po//n*r'o/oo Fax: /5a1/7vz'o1oo G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 suz: (561) 742-6383 Date. To: From RE: November 2.2O12 City Commission Code Compliance Division Code Compliance Case #11-241 |O accordance with Ordinance number O01-O7.the enclosed "Final Lien Modification Order" i8 hereby forwarded iD you for review. As required by Ordinance number O0Y-O7, the follow 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 ona City Commission Agenda for review. (Space provided below for transmittal purposes) Li Said review must occur within thirty (30) days of the request for review. u 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. D The City Commission shall &8nt staff to take action consistent with their review ofthe ~Lien Modification Order". [ Office to place the above Signed on this date, the , hereby request the City Manager's referenced case on the next available City Commission Agenda for day of .2O11. Ameiiccz's Gatewuy to the8ulfstrenrn NflkiUTES OF THE (_'ODE COI'VIPIIJ; LtEN REDUCTION MEETING HELD ON U10 0CTCjBE_-f:1 '15,2012, AT 6.30 P1M,, IN COMRAISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA P R E S"E_ N T : Michelc Costantino, Chair Rooerf Foot, First Vice Chair Gary Cole, Second Vice Chair Robert Bucella Rose Marie Yerzy Alan Borrelli, Alt A 6 S E't \I Kathleen Carroll Cali to Order Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator Chair Costantino called the meeting to order at 6: p.m. Approval of Agenda Ni o d ci n Nilr Cole rr'.oved to approve the agenda. Mr. Bucella seconded the motion that Linan[MOUSly passed. ifl. Sv,�e�,amng in of 'Witnesses Attorney Bridgemari explained the hearing procedures and administered an oath to all those intending to testify Sfaty Solutions 3457 High Ridge R oad Case iNo, 1 a 1-241 a Nis, Springer rioted the next two cases dealt with the same property. The notice of viclation was issued on Febtuai y 2, 201 It carne before the Board or) March 16, 201 and no one appeared The proposed compliance date was March 31, 201 or $100 per day. Compliance date was on September 20, 2012, for 538 days of non-compliance. She advised this case was initiated through the Building Department as a red tag issued on January 10, 201 In 2007, there was a permit applied for to install racks and the permit expired. It was reissued on August 9, 2011 and expired again. The Respondents reapplied and an extension was granted by the Building Department. On September 19, 2012, Ni'Is. Springer advised she received an email from the Building Department that the property was in compliance. It appeared there were some issues Cc,de i - iero kedj4ct�on P 0 f) D 0 Yin t Be'ach" FL October '15, 20•2 with the Engineer and soave of U e contractors used, which was one of the reasons it took so long to comply. Michael :Renner, 4672 Bucida Road, Boynton Beach advised he was the owner of the p 1 c) p e ri 'y at 'J- acid 3459 High Ridge Road. He advised when they moved in, they installed O racks and wary: inspected by the Fire Department and Code Enforcement, They paid each year to receive their inspections for the last four years. The City hired a new fire Protection engine and stated that sprinklers would have to be installed in each of the rocks. The initial contractor was hired, which was Stearns, and they applied for the pel Stearns went Out of business and left the Respondent hanging, Another contractor/engineer was hired, who was working with the City as far as the inspection and other requirements. In the end, both properties were completed and went beyond what was required, The racks were engineered, installed, bolted down, secured together and a sprinkler contractor was hired to perform all the work and install the spril'11,;ers. It toc'k %� :seat (Jeal of time bec�-use when the building was built, the sprinkler flow for th enliiU bc :,Ideng vjas rnislabeled and misrepresented by the original contractor ,and that was a big delay. As a result, the entire building had to be reinspected to ensure i;­ie actual flow (','C)_ild handle the modification, in the end, the engineers cjetermin that the flow could be handled by the sprinklers and both buildings were done NI fire inspections and taxes had been paid every year and it was never questioned All of a sL.ddc,n there was an issue with the sprinklers. Chair Costantino ir why the Respondent did not ask for extensions and he replied they did ask for extensions and n fact, the same day the Code Board met they were grarited trio extension, but siric(., it d�!as for one building and not the other, it appeared as if no One snovr_'d L;P. W Foot F�fq on he deialls of the case since both cases were related to ih- carne unit. Chair Costantino queried the Respondent as to how Much of a lien i ec;uc[ion he v-,iantca and t ie advised he felt a dismissal was warranted as the effort they put is was beyond what ',vas required. He could have removed the rack but instead wanted to ensure all problems were taken care of. There was continued discussion on the chain of events and what led up to the red tag and subsequent violations, The bottom line was the Respondent moved in and installed the racks in 2007 and was not notified until 20 that fie needed permits and sprinklers installed due to change in the Ofdifla'nce' Accoiuinq To N Splirigej: : P - j 2007 V-P-rc was an application made for a permit, it was Issued and jieli vo;1cj,, b or time limitations and reissued in 2011 and given an extensors. She r_;vievved the deltal!s, Mr. Rein cornm-rited that !ie Dellc,ves part of the confusion was that he had two units. There are permits for both, but only one unit was under question. Chair Costantino suggested - tabling the case in an attempt to contact the building officials and query them on the Situation lVir. Foot opined there was enough information available to proceed I Mueting Minutes Cod& Lien Reduction Boyriton Beach, FL October 16, 2012 with the case Vice Chair Cole opined that although he could see Mr. Foot's point, he felt the Respondent may have been Caught in a "Catch 22" situation and he wanted to be sure the situation handled was the situation brought to the Board on this date. Ms. Sprii - I J. , i FAdded thai lie pG17r �,,lculd not have been extended or reissued if the 2007 ISSUU 'V/2�`:,' iqnofed '_-*,0)1­nel[h1r.g ITIUSt ha beer. done during the course of that firrie for therm to gu back and miss =u a ne e^ p and when they reapplied to address it. Then th(, SeWi pvrrr,it exI)ired dL1-_ to t!rne (imitations when they sent the red tag. S I � I , ,d taven Lav 3 SE 2 Avenue Deerfield Beach stated he was an employee of Mr. Reimer, Fie explained that in 2011, he was given the file that had the inspections needed and � told to secur,: thy; racks. A consultant was hired, LTL Associates, who applied for all the per nits, scheduled all the work, completed the work with the racks as told, secured the racks to i the prints were laid out, and called for the inspection. A cfii! r,3rit f:kc kl,�Pectcj caanc-, Ja,ire LeJeune, who inspected the sprinkler system and w :IJOL:Id viol i�.,�Ipicve it Fie inj'c&-,ed tale flov. of - .,!atervvoLild not suppoi­t the racks. At the time, h_� advised they were aSKed to present a letter saying the sprinklers met the reciuiremenls for the racks, and once again, it was rejected. At that time, all the fire sprink ers were replaced along with all the piping. It took six to eight months to complete, Access was necessary through another tenants building to accomplish this. Nii _a;,vler indicated he f,c, [f) Melissa Dyer and someone else in the Building De ir, ad0i[ici!, h- ir ii spoke to approximately four or five different inspectors, Pie inspector t1hat perfoi the final inspection apologized personally for all the corifusior that Ji.CLIUJC� %.vith the mc buildings since February 201 and advised tinnv " (_ 11t J',/li Lawler floicated he came to the City on ;3everal occ:Siji)3 c AtC`m Xlr_ i.0 L!� Cl -.,iiluc!iion n:.solved- Each tiriiw, he was given another iii trt.:ciicn to uompk -;,,(; to .,)(, avat. Fhe first meeting with Code Enforcen occurred when awe "rie! Niu, Spiingei to yet the application completed for appearance before tht. Board. I'Jir Law'lGr 'Urfl1ei[ ihJ; cited that any certified letters sent were received after di had passed ca[id the contractor also stated no letters were ever received by h in I Ar� stca,,ed thai he fl, We- assurances of LTL that it was being handled. Motion Br-_,sod On testiniotiy wid t­,, LJenc& presented in ihy, aforementioned case and having bl-uf cidviscci asst lh 1 :Jrt lclii, Sa[e[y Solutions, has complied with all lien re%jLjuucn pro_ set iujlh iii Sectton 2-8z, through 2-89 of the City of Boynton Be; clh Cold.- oa Ordi:i2riues, liv,r. EiLicciia, moved that this Board reduce the fines insti in the afoiementicii-;d c­lsa by virtue: of this Board's Order of March 16, 2011 to aii amount of $1,634.12, including administrative costs. Mr. Cole seconded the wotien� Fhe - fsodofl ".)assed 5-1 Costantino dissenfii Mi Reimer ir,quired v hat 1 snoulc31 do about the second property. Chair Costanfino indicated untll the case 'Nas i)rought before the Board, nothing could be handled at thin tirrie N!,s Springer advised n,ni u.. coniact her Lind she would discuss it With hie'! 3 CODE. COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. SAFETY SOLUTIONS Respondent(s), CASE NO. 11-241 LIEN 'MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on October 15, 2012,, purstiant to Chapter t`. , o, 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: I . This Board has subject matterjurisdiction 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 March 16, 2011 on the Property located at 3457 High Ride Rd., Boynton Beach, Florida, with the legal description of: HIGH RIDGE COMMERCE CENTER 2 CONDOMINIUM BLDG, UNIT 42 -16, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida, PC'N: 011- 43- 45- 17 -13 -002 -0160 is REDUCED TO $1,534.12. The City shall prepare a release and satisfaction consistent with this Order. 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, 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 Board 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 day of , 2011 �—�CekaL &�� Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: Y� - kx� C Y CLERl ccat�irs fiumisl�ed: abTt;�yor and the City Commission Arne Clerk ondent u a >` i