12-1978 Forum Shoppes of Boynton LLDPolice Department
"A CFA Accredited Law Enforcement Agency
100 E. Boynton Beach Bouleuard
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
11111:411:441101" 1 Lei Z a I MA 1-11ky1 It a LAIN&L-14
Date: July 14, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-1978
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:
Lj 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)
o 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, 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 1 20_
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida June 11-2 015
1�2 IWO
Ms. Ellis certified the fine and advised Mr. Sauter of the lien reduction process,
Case No. 14-1195 David & Mirth Saget
Property Address: 322 SW 7th Avenue
Violation(s): CO CH14 SEC 14-13
Remove oversized truck from the
property.
Officer Pierre presented the case, The Notice of Violation was May 19, 2014. The case
was heard July 16, 2014, and the compliance date and fine set was July 16, 2014 or a
fine of $100 thereafter. There was a Cease and Desist ordered and there were two
occurrences.
Ms. Ellis reviewed the history, She ordered the Cease and Desist Order in July 2014
with a $100 fine per occurrence plus administrative charges. No one appeared at the
hearing. One violation occurred May 19, 2015, and the second violation occurred on
June 12, 2015.
David Saget, the owner, was present. Ms. Ellis had outlined the events and Mr. Saget
asked what a Cease and Desist meant. Ms. Ellis explained the Cease and Desist Order
and the matter has been ongoing since 2014. Officer Pierre explained Code
Compliance takes a photograph, even after the truck is moved, because the truck
returns.
Mr. Saget explained the truck was gone two weeks. One violation was last year. He
explained he travelled to Haiti after the earthquake to assist his handicapped children.
He purchased a truck in May to send to Haiti and shortly thereafter, Code Compliance
took pictures of the truck. Mr. Saget called Officer Cain and explained he moved the
truck and would be sending it to Haiti.
Ms. Ellis asked why he did not attend the hearing in July 2014 and Mr. Saget responded
his mother had passed away. Ms. Ellis reviewed two photographs dated May 19, 2015,
and June 1, 2015, showing the presence of a white oversized truck on the property.
Ms. Ellis explained he was found in violation.
Decision
Ms. Ellis certified the fine.
Case No. 12-,1978 Forum Shoppes of Boynton LLC 140 N. Congress
Palermo Bakery Avenue #4
16
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida June 17, 2015
Ms. Springer presented the case. The Notice of Violation was sent on October 5, 2012,
to obtain a permit for the walk in cooler and freezers, added display cases and the wall
between the kitchen and sales area. A Business Tax Receipt was required. The case
was heard on January 16, 2013, and no one appeared. The compliance date and fine
set was March 17, 2013, or a fine of $150 a day would be imposed thereafter. The
violations were corrected on May 14, 2013, having 57 days of non-compliance and a
fine of $8,550, plus administrative costs of $634.12, Ms. Springer commented the
Business Tax Receipt could not be issued while the permits were open.
The case originated from a red tag from the Building Department, The contractor had
revised the floor plan and the work listed on the permits was different from the work that
was done. All the permits were issued, but two portions of the permit were pending.
The Respondent had paperwork showing they did issue sections of the permits, which
looked like the permits were open and pending when they were not.
The Respondent, Ms. Orlando, had attended the fine certification hearing and
misunderstood. The Forum Shoppes had contacted Ms. Springer and she explained
the lien was under Palermo Bakery and then the owner contacted her. The owner was
unaware the fine had been certified.
Anna Orlando, owner of Palermo Bakery, conveyed Ms. Springer's comments were
correct.
19TIA-Wom
Based on the testimony, Ms. Ellis reduced the lien from $8,550 to $500 plus
administrative expenses of $634.12 for a total amount of $1,134.12.
Case No. 11-3421 David & Nataliya Giordano 2315 N. Congress Ave, #31
Ms. Springer presented the case. The Notice of Violation was sent on December 19,
2011, for violations pertaining to a Business Tax Receipt for a rental property, The case
was heard on March 21, 2012, and no one appeared. The compliance date and fine
was April 4, 2012, or a fine of $100 a day would be imposed thereafter. The violations
were corrected on December 22, 2014, having 990 days of non-compliance and a fine
of $99,000 plus administrative fees of $634.12,
Ms. Springer was first contacted by Mr, Giordano in April 2014 when he learned of the
lien on the property, He thought once application was made and the Business Tax
Receipt paid for in March 2012 that he was issued the permit. He never called for an
inspection. Ms. Springer advised he should reapply for the Business Tax Receipt since
it lapsed for two years. Mr. Giordano did so, called for an inspection and had to pay for
the 2012, 2013, 2014, and 2015 Business Tax Receipts, He failed the first inspection
on November 3, 2014, and then passed on December 22, 2014,
17
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs, CASE NO, 12-1978
FORUM SHOPPES OF BOYN70N BEACH — PALERMO BAKERY
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 June 17, 20151 Pursuant to Chapter Two, Article Five of the City Code of Ordinances. The
Magistrate having considered the application, all the fhcts regarding the specific code or codes the appealing party was in
violation of, the date of the original Magistrate hearing, the dale the affidavit of compliance was issued, the current lien
amount and all pertinent irilbri-riation 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 matterjurisdiction 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 January 16, 2013 on the Property located at 140 N. Congress Ave,
#4, Boynton Beach, Florida, with the legal description of:
29-45-43 PB7P20, S 754.99 FT OF N 1515.73 FT OF W 588.15 FT OF NW 1/4 (LESS S 140 FT OF N 200 FT OF W 285
FT, S 190 FT OF N 460 FT OF W 285 FT, S 200 FT OF W 260 FT, S 240.05 FT OF E- 328.22 FT OF W 648.22 FT & W 60
FT SR 807 R/W), according to the plat thereof as recorded in Plat Book 7, Page 20, of the Public Records of Palm Beach
County, Florida,
PCN: 08-43-45-29-02-000-0042 is REDUCED TO $1,134.12.
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,
6This Order is not final until the tirric 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 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 an 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 Commission shall be pci-i-nitted regarding lien
reduction,
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this L, day of
,2015.
ATTEST:
ITY CLERK
copies furnished:
Honorable Mayo
City Attorney
City Clerk
Respondent
ON
`Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
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