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08-2942 - 1420 Holdings Regency Design CtrPolice Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Pax. (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 #08-2942 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 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. u 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 GWstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 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. a= 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 MEETING MINUTES • COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA • B E R 23, 20 11 Raymond Greaves 137 N. Swinton Avenue, Delray Beach, Mr. Greaves explained this was one of the cases his tenant was notified and he was not. Ms. Springer stated the notices went to 1420 Holdings at 4699 N. Federal Highway #206 to Regency Design Center at 1420 SW 30th Avenue in Boynton Beach. The narrative indicates the October 20, 2008 notice was returned by the Post Office for 1420 Holdings and returned on October 21, 2008 for Regency Design. The property was posted. Mr. Greaves alleged the 4699 N. Federal Highway address had not been valid since 2001. Ms. Springer commented the Property Appraisers Office and the Tax Collectors Office still had the address as his mailing address. Chair Costantino advised the addresses the Property Appraisers and Tax Collector's Office have is what is utilized. Chair Costantino informed Mr. Greaves it is his responsibility to make sure his address of record is correct. The property had been posted on December 06, 2008 as well as February 05, 2008. Ms. Springer interjected there was a note in the file from Mr. Scoff Blaisi he tried to contact the owner and the voice mail was full and could not leave a message. Mr. Greaves asked for the total owed on this case and Chair Costantino replied $21,250 plus administrative costs of $538.09. Mr. Greaves contended that his tenant was required to pay that fee. Chair Costantino agreed, but it was Mr. Greaves' responsibility as the owner to make sure the fees are taken care of by his tenants. He understood and was upset this situation went awry over a $150 fee that turned into a $21,000 lien. He did not want to make excuses. As he found out about these issues, he took immediate action. He stated he was under the assumption if a tenant had a responsibility of paying a fee it would not eventually become his problem. However, he agrees that he understands this now. Ms. Brenner inquired if the lease agreements covered payment of fees. Mr. Greaves indicated it was general wording and he explains to them that prior to signing the lease they should go to the City to make sure they are in compliance with any requirements. Ms. Brenner suggested he make sure it is in the lease going forward or not let the tenant take occupancy until all fees and requirements have been satisfied. Mr. Greaves indicated Regency Design moved out a few years ago. Mr. Cwynar commented business owners have responsibilities and it is not the landlord's responsibility. It is the business owner's responsibility to get the business tax license, inspections and anything else that is required. It was his opinion these fines should go to the business and not the landlord. Ms. Brenner agreed with Mr. Cwynar but also indicated Codes are in place to ensure the safety of the City. Ms. Springer commented the City is governed by a State statute which holds the property owner responsible for any violations that occur on their property. This is why the property owner is being cited. The property owner has insurance for the property and is responsible to ensure that everyone will be safe. The 9 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 inspection is more than just a fee. The officers check the lights, signs, fire extinguishers and that they are in the proper place and can be accessed when needed. Ms. Carroll commented, given what Ms. Springer stated, the lien goes to the owner of the property and Mr. Greaves is the owner. The Board's role is to gain compliance. At this point, a motion should be made. Mr. Greaves added since all of these issues began there have not been any additional violations. When a tenant has any kind of violation it is taken care of immediately. He was confident this would not be ongoing. Mr. Borrelli asked Mr. Greaves if he ever spoke with a Compliance Officer. Mr. Greaves replied he has spoken with a Compliance Officer many times. Mr. Borrelli inquired if Mr. Greaves had ever given a Code Officer his address and Mr. Greaves replied he had not been asked. His current address was on the tax records and the mailing address was current. Chair Costantino asked if the LLC property office had to have a fire inspection. Ms. Springer responded every bay in the building had to have a fire inspection. The building inspection consists of the sprinkler systems, certification and an independent inspection of each tenant which consists of their particular business. The only issues in the building have been the bays. 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, Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 17, 2008, to the amount of $1,538.09 including administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case No. 09-338 1420 Holdings 1420 SW 30th Avenue Ms. Springer presented the case. The notification of violation was sent on February 4, 2009., A permit was required for installation of French doors between units 14 and 15, and obtain a permit for demolition of the stud wall for unit 5. The Code Compliance Board hearing was May 20, 2009 and no one appeared. The compliance date and fine set by the Board was June 19, 2009 or $250 a day. The date of compliance was August 4, 2009 for 45 days of non-compliance with a total amount of the lien $11,250 plus administrative costs of $730.15. Raymond Greaves, 137 N. Swinton Ave., Delray Beach, FL. 33444. Mr. Greaves explained this was a notice given on a routine inspection in regards to a hole made in the wall. This was done by the property owner but when Mr. Greaves found out about it, went to the City. The inspectors came back at which time Mr. Greaves explained the 5 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 08-2942 1420 HOLDINGS LLC REGENCY DESIGN CENTER 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 17, 2008 on the Property located at 1420 SW 3021 Ave. #4, 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 REDUCED TO $1,538.09. 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 May of 7)Q=, 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD