11-2124 - Amerigas PropanePolice Department
"A CPA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
R0. Box 310
Boynton Beach, Florida 33 4250310
Phone: (561) 742-6100
Fax: (561) 7426185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax. (561) 7426383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
January 31, 2012
City Commission
Code Compliance Division
Code Compliance Case #11-2124
SbT V1
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:
❑ 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)
❑ Said review must occur within thirty (30) days of the request for review.
❑ 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.
❑ 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 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach FIL January 18,. 2012
Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of November 17, 2010 to an
amount of $2,730.15 including administrative costs. Mr. Cole seconded the motion that
unanimously passed.
Case No. 11-2124 Amerigas Propane 711 N. Federal Hwy
Officer Roy reviewed the details of the case. The property was cited August 9, 2011 to
trim hedges, remove trash and debris, and mow and maintain weeds. The case was
heard September 21, 2011. No one appeared. A compliance date was set for October
1, 2011 or incur a fine of $150 per day, Compliance was documented on December
14, 2011, having 73 days of non-compliance for a fine of $10,950.
Christopher Thomas, 640 NE 8 th Street, Pompano Beach, advised he was the District
Manager of the West Palm Beach plant. He advised that he was not receiving the
correspondence as it was being sent to the home office in Philadelphia. The
Philadelphia office mistakenly thought the West Palm Beach plant was receiving the
same notice, He recently took over the plant and by the time the information got to
him, the fine was already in place. He contacted Code Compliance immediately and
made arrangements to have the violations corrected.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of September 21, 2011 to an
amount of $634.12 including administrative costs. Ms. Carroll seconded the motion with
discussion.
Chair Costantino commented this property was on Federal Highway and was visible to
everyone travelling that roadway. Vice Chair Yerzy revised his motion due to the
propane tanks being highly visible from the roadway.
Vice Chair Yerzy motioned to amend the reduction amount to $3634.12. Mr. Cole
seconded the motion that passed 5-1 (Mr. Bucella dissenting).
0
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
AMERIGAS PROPANE
Respondent(s).
CASE NO. 11 -2124
LIEN MODIFICATION ORDER
THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on January 18, 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 September 21, 2011 on the Property located at 711 N. Federal Hwv..
Boynton Beach, Florida, with the legal description of:
PENCE & KING SUB LT 19 (LESS N 5 FT & E 35 FT) LTS 20 TO 22 INC (LESS E 35 FT & S 5 FT OF LT 22), according
to the plat thereof as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -31- 000 -0192 is REDUCED TO $3,634.12.
4. The City shall prepare a release and satisfaction consistent with this Order.
5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
6. This Order is not final until the time period for appeal under the Code has
elapsed and if appealed is properly disposed by the City Commission.
7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or
modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be
permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this c _ ay of
2012.
:.q T T.
C FY CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
JAN 3 1 2012
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
CITY CLERK'$ OFFICE