05-2114 1420 Holdings LLCPolice Department
"A CFA Accredited Law Enforcement Agency"
100.8. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fax: (561) 742-6185
Jeffrey Katz
Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: November 26, 2013
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #05-2114
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)
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,
Ei 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 20—.
America's Gateway to the Gulfstream
Michele Costantino, Chair
Gary Cole, Vice Chair
Alan Borrelli
Carol Brenner
Kathleen Carroll
William Cwynar (arrived at 6:35 pm)
Rose Marie Yerzy
1. Call to order
Shana Bridgeman, Assistant City Attorney
Diane Springer, Code Compliance Coordinator
Chair Costantino called the meeting to order at 6:30 p.m. A quorum was present.
L= -
Diane Springer, Code Compliance Coordinator, had no deletions and everyone was
present.
Ill. Swearing in of Witnesses
Shana Bridgeman, Assistant City Attorney administered an oath to all those
intending to testify.
Ms. Springer distributed a letter to the Respondents detailing the procedures and
appeals to the City Commission. She explained it could take up to a month and a half
before the matter is final. When needed, she could issue a letter detailing the Board's
decision, pending City Commission review, if requested.
IV. New Business
Case No. 05-2114
1420 Holdings LLC 1420 SW 30th Avenue
Ms. Springer presented the case. The notice of violation was sent on September 07,
2005, for site plan maintenance required. The case was heard on December 20, 2006
and no one appeared. The compliance date and fine set by the Board was to comply by
January 19, 2007, or a fine of $75 per day would be imposed thereafter.
MEETING MINUTES
• COMPLIANCE LIEN REDUCTION
BOYNTON BEACH, FLORIDA OCTOBER 23,2O13
Violations were corrected on May 26, 2007 having 126 days of non-compliance. The
total amount of the fine was $9,450; however, the amount certified was the
administrative cost of only $2,690.45. The Respondent contacted Ms. Springer several
years ago about coming into compliance with the liens and also going for lien reduction.
Respondent was not eligible to come before the Board due to issues on the property
that had to be resolved and an issue with back taxes. Until the back taxes were paid
the Board could not hear the case. Respondent paid $450 in application fees and taxes
have been paid in full. Respondent also paid an outstanding water bill of $1,966.03.
Lien Reduction inspection was done on October 2, 2013. Respondent needed to repair
pot holes and broken curb stops, restripe parking lot, replace missing shrubs on the
island on the rear property line. Re -inspection was done October 08, 2013 and the
property passed for lien reduction. The respondent was present.
Raymond Greaves, 137 N. Swinton ►venue, Delray Beach, stated he is the property
owner and explained there were issues with occupancy and parking approval.. He was
working on the site plan when other issues came up and he had to redesign the parking
area to coincide with tenant occupancy. Mr. Greaves explained when this was
happening, he did appear and was granted an extension; however, it was already in the
violation stage.
Mr. Greaves advised he owned the property since approximately 1998. Chair
Costantino commented there seemed to be a consistency of no one appearing. Mr.
Greaves responded of the four cases, two notices were sent directly to the owner and
four directly to the tenants. He never saw the notices that went directly to the tenants.
He had met with Ms. Springer at that time and it was explained to him that was how it
was done. Mr. Greaves stated once he became aware of the violations he took care of
them immediately. Ms. Springer added he was sent notification for all six cases and
was cited for all six cases. Mr. Greaves did not appear for the original Board order, but
may have appeared at subsequent meetings.
Vice Chair Cole sought clarification of the amount for this case. Ms. Springer responded
the fine certified is the administrative cost of $2,690.45.
Ms. Springer pointed out the Respondent did appear at the fine certification meeting on
May 16, 2007 which was when the amount of $2,690.45 was certified.
Ms. Brenner inquired what was in the building and Mr. Greaves replied there were
warehouses, an auto repair shop, a collision shop, two granite companies and a
millwork company.
Chair Costantino asked if the property was brought into compliance in 2007 what had
taken so long to seek a further reduction. Mr. Greaves explained when this happened,
the economy was not doing well and there were problems collecting the rent. The
2
MEETING MINUTES
CODE COMPLIANCE LIEN REDUCTION
BOYNTON BEACH, FLORIDA OCTOBER 23, 2011
property taxes fell behind for about one year. Things started to get better but he was
not able to apply until the property taxes were paid.
Chair Costantino asked what Mr. Hallahan requested be done to bring the property into
compliance. Ms. Springer announced she had pictures which she showed to Mr.
Greaves and the Board. Ms. Brenner wondered if there was a mortgage on the
property. Mr. Greaves responded there was not. Ms. Springer interjected the site plan
called for replacement of missing shrubs, trees and pot holes had to be repaired. Mr.
Greaves had to bring the property back to the original site plan.
Mr. Greaves commented from the time of the original site plan there had been changes
of tenants. When the parking lot was going to be repaired there were new
requirements. There needed to be a new parking plan to ensure there were enough
parking spaces for the number of tenants occupying the building. Vice Chair Coles
asked what the percentage of occupancy was and Mr. Greaves answered it was at
100% occupancy.
Ms. Springer clarified the actual lien was the $9,450 plus administrative cost of
$2,690.45. The Board only charged him the administrative cost. Ms. Brenner thought
the $2,690.45 was a fair amount to pay. Mr. Greaves paid off the property, all violations
from 2007 and everything seems to be in order.. Mr. Greaves said he would accept that
amount.
Based on 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. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of the Board's Order of May 26, 2007 to the amount as stated in this set
Order. Vice Chair Cole seconded the motion to maintain the balance as certified of
$2,690.45 and the motion passed unanimously.
Case No. 08-2942 1420 Holdings 1420 SW 30th Avenue
Regency Design Center (Bay 4)
Ms. Springer presented the case. The notice of violation was sent on October 06, 2008
for non-payment of annual fire inspection fee. The case came before the Board on
December 17, 2008 and no one appeared. The compliance date and fine set by the
Board was January 16, 2009 or $50 a day. Compliance was obtained on March 18,
2010 for 425 days of non-compliance for a total amount of lien at $21,250 plus $538.09
administrative fees.
K
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 05-2114
1420 HOLDINGS LLC
Respondent(s).
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 23, 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 December 20, 2006 on the Property located at 1420 SW 30"' Ave.,
Boynton Beach, Florida, with the legal description of:
LAWSON INDUSTRIAL PARK PL I LT 14, according to the plat thereof as recorded in Plat Book 42, Pages 134 and 135,
of the Public Records of Palm Beach County, Florida,
PCN: 08-43-46-05-08-000-0040 is DENIED AND THE AMOUNT OF THE FINE REMAINS AT $2,690.45.
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 Rather 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
2013.
NOV 13 2013
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD