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Code Compliance
Phone: (561) 742-6120
Fax. (561) 742-5383
Date:
To:
From
RE:
October 28, 2013
City Commission
Code Compliance Division
Code Compliance Case #13-71
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:
j 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)
ca 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 Final Order.
o 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
America's Gateway to the Gulfstrearn
01 a I 10111111070
CODE COMPLIANCE LIEN REDUCTION
SEPTEMBER 25, 2013 SEPTEMBER 25, 2013
Case No. 13-71 BNW Trading, Inc. 1919 N. Seacrest Blvd.
Rainbow City Food Stores
Chair Costantino acknowledged the presence of Vice Chair Hay and welcomed him to
the meeting.
Ms. Springer presented the case. The notice of violation was dated January 14, 2013,
and pertained to windows, broken lights, an inoperable, unregistered vehicle, outside
cooking prohibited, sod bare areas, remove grill and repair dumpster enclosure. The
case was heard on February 12, 2013, and Billy Warrayat appeared. The compliance
date and fine set by the Board was April 6, 2013, or a fine of $250 per day would be
imposed thereafter. The violations were corrected on July 18, 2013, having 93 days of
non-compliance.
The applicant paid the application fee of $250, a water bill of $2,378.24 and requested a
meeting with the City Manager, Vice Chair Hay, the Police Chief, Sgt. Sheridan and Ms.
Springer. The City Manager advised he could apply for a lien reduction and the City
requested the Board reduce the fines to administrative fees, but the City Manager
explained to the applicant the reduction was at the discretion of the Board. If he was
unsatisfied with their decision, he could appear before the City Commission for a further
reduction. The purpose of the meeting was for all to be on the same page as to
compliance, what occurred on the property and that he complied at the time.
Billy Warrayat, 1919 N. Seacrest Boulevard, requested a reduction from the lien. He
commented he has been in the City since 1990 and never had a problem. There was
one incident which escalated slowly. The violations were addressed and the City
worked with him as much as possible. He anticipated they would communicate more
frequently. He is active in the community and several churches and he assists the
Police. He did not anticipate the situation would occur again.
Mr. Warrayat explained when he attended the first hearing, there were two or three
items outstanding. They had an issue with the sod on the side, which had to be redone.
He contended school buses and City trucks drove on the sod, but it was corrected.
Motion
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, Ms. Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of February 20, 2013, to an amount
of $730.15 including administrative costs. Mr. Borelli seconded the motion that
unanimously passed.
3
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 13-71
BNW TRADING — RAINBOW CITY FOOD STORE
Respondent(s),
RN I gogna [Uo I W con I Cox to]
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on September 25, 2013, 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 February 20, 2013 on the Property located at 1919 N. Seacrest Blvd.,
Boynton Beach, Florida, with the legal description of,
ROLLING GREEN RIDGE 1 ADD ELY 140 FT OF NLY 158.64 FT OF TR A IN PR833P]48, according to the plat
thereof as recorded in Plat Book 24, Pages 223 through 226, of the Public Records of Palm Beach County, Florida,
PCN: 08-42-45-16-01-013-0020 is REDUCED TO $730.15.
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 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
farther 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 farther action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
L'DQ ti
JE A ND after hearing at City of Boynton Beach, Palm Beach County, Florida thiar of
2013.
O Y CLERK - � b-a/19