05-1145 - BG MeadowsPolice Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone. (561) 742-6100
,Jeffrey Katz
Chief of Police
Code Compliance Division
Phone,, (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: February 5, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #05-1145
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)
ci Said review must occur within thirty (30) days of the request for review.
D 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 20
Meeting Minutes:
Code Compliance; Board
Boynton Beach, Florida December 17, 2014
was effectuated by certified mail, green card signed on December 1, 2014. The
property was last inspected on December, 16, 2014.
Charles Herring, Sr., the owner, explained he thought the letter was for his son who
was using his address. The second letter he received was a registered letter which
specified it was for Charles Herring Sr. He advised he had been sick and he had never
got a chance to speak to the Code Officer, He thought he complied and removed the
tubs and junk, He then realized he had not complied and requested an extension to
avoid the fine. If possible, he requested 15 or 30 days to comply. Officer Cain had
photographs he showed to the Respondent and Ms. EMs. It was noted Mr, Herring, Sr,
resides at the address,
Officer Cain recommended, due to the upcoming holidays, a compliance deadline of 60
days or a fine of $100 a day,
Decision
Ms. Ellis ordered a 45 -day compliance date due to the Respondent being a repeat
violator. She explained after 45 days, a fine of $100 a day would begin to accrue.
Mr. Herring explained he refurbishes old cars. He was in the process of selling them,
One vehicle was not registered. Ms. Ellis recommended working with City staff.
Case No. 14-1617
Property Address4
Violation(s):
Bentley Partners LLC
2105 NE 3`d Street
CO CH 13 S ECI 3-16
CO CH15 SEC 15-120(D) INC
CO CHI 5 SEC 15-120(D) 1E
Apply for and pass inspection for
Business Tax Receipt for your rental
property. Mow, weed and trim
overgrowth and tree along NE 20�'
Avenue to a minimum height of 14 feet
over the road and 10 feet over the right
of-way/swale. Remove outside stored
materials, trash and debris,
Glenn Weixter, Code Compliance Officer, advised the case complied,
Case No. 05-1145 BG Meadows Square 4707 N. Congress Avenue
Diane Springer, Code Compliance Coordinator, reported the Notice of Violation was
sent on June 9, 2005, to replace missing trees and shrubs per the site plan, repair
potholes in the parking lot and repair the fence. The case was heard on October 19,
2005, and no one appeared. The compliance date and fine set by the Board was
In
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida December 17, 2014
November 18, 2005, or a fine of $50 would be imposed thereafter. The violations were
corrected on November 17, 2014, accruing a fine of $164,250, plus administrative fees.
Ms. Springer was first contacted in October, and pointed out there were past water bills
in the amount of $12,588.78 from a prior tenant that had to be paid. The property was
in a plaza. Ms. Springer found six businesses operating without Business Tax
Receipts. One unit made interior renovations without a permit and there were two
permits that had never been finalized. There were repairs needed. Ms, Springer noted
there were two parcel control numbers needed: one for the gas station and
convenience store, and the other for the entire plaza, Ms. Springer noted what she
presented applied to both locations. All the repairs were made in a month. She
commented most of the damage was due to hurricanes. The plaza was previously
maintained, Trees and bushes were missing
Trevor Joseph, Property Manager, explained he started managing the property in
March. He learned of the violations and liens at the end of September from the
corporate office. They worked hard and had been in contact with Ms. Springer, Over
$100,000 was spent to restore the landscaping to Code and $10,000 to $15,000 for the
additional repairs.
Ms. Ellis inquired why it took so long to address the issues, Mr. Joseph explained there
were multiple property managers and some were not located in the area. He had not
received any notification about the issue after the lien was filed, and he learned of it in
September, .
11
Given the testimony by the City and the Respondent's presentation, Ms. Ellis reduced
the lien to $2,000, plus $922.21 in administrative costs.
Case No. 06-2033 BG Meadows Square 4719 N. Congress Avenue
Ms. Springer explained the Notice of Violation was sent on August 3, 2006, to repair the
ceiling over the gas pump, weed and install grass around the service station area, clean
the entire area and maintain the property. The case was heard on May 16, 2007, and
no one appeared. The compliance date and fine set was May 26, 2007, or a fine of
$250 a day would be incurred thereafter. The violations were corrected on October 16,
2007, accruing a fine of $35,500, plus administrative costs,
Mr. Joseph commented the violations were corrected before he started to manage the
property,
.1
CITY OF BOYNTON BEACH, FLORIDA
CITY OFBOYNTON BEAC14
Petitioner,
vs. CASE NO, 05-1145
BG MEADOWS SQUARE
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on December 17, 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances.
The Magistrate 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 Magistrate hearing, the date the affidavit of compliance was issued, the current lien
amount and all pertinent infon-nation relating to the specific case and being otherwise duly advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED that:
1. This Magistrate 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 Magistrate on October 19, 2005 on the Property located at 4707 N..Con gress Ave.,
Boynton Beach, Florida, with the legal description of,
MEADOWS 300 PL NO 2 TR TC (LESS NLY 163.5 FT OF ELY 217.26 FT, N 195 FT OF W 105 FT & NLY 403.04 FT
OF SLY 549.14 FT OF ELY 3; FT CONGRESS AVE R/W), according to the plat thereof as recorded in Plat Book 48, Pages
194 and 195, ofthe Public Records of Palm Beach County, Florida,
PCN: 08-43-45-07-03-020-0031 is REDUCED TO S2,922.21.
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 Linder 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 Magistrate's 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 Magistrate or the City Comm'ission shall be pen-nittud regarding ftn
reduction.
DON AND ORDERED after hearing at City of Boynton Beach, Palin Beach County, Florida this2—'l day of
12014.
4ay�orrD. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
sion