15-357 - 1600 N. Federal HighwayIF!
Police Department
"A CFA Accredited Law Enforcement Agency
100 E. Boynton Beach Boulevard
Boynton Beach, Flwida 33425-0310
Phone: (561) 742-6700
,Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: October 27, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #15-357
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:
La 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)
Lj 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 , 20_
Meeting Minutes
Special Code Magistrate
Boynton Beach, Florida October 21, 2015
was landscaping installed, but the contractor did not follow the correct planning and
permitting procedures resulting in the wrong landscaping being planted. The other
issue was extreme dumping with actual unassembled roofs dumped in the back of the
plaza. They felt they could not make the repairs with what was already taking place.
They met with the City, everyone was on the same page, and they have a plan to
expeditiously replace the dumpster enclosures. Ms. Springer agreed they were the only
two items that did not comply, but the City Manager agreed to go forward with lien
reductions due to the bond and the action plan for the landscaping submitted to the City.
Based on all of the testimony and detailed
$21,200 to $2,500.
Case No. 15-357 Yachtsman's Prooerties LILC
s. Ellis reduced the lien of
Federal Highway
Ms. Springer presented the case. The Notice of Violation was sent on February 11,
2015 regarding discharge by user to the public sewer of certain liquids or waste (grease
or oil) is prohibited. The case was heard on March 18, 2015, and Jason Evans
appeared. The case was tabled to Apdl 15, 2015, and the Respondent was asked to
provide documentation that the grease was removed. No one appeared for the April
hearing and Ms. Ellis certified a fine of $10,000 for the irreparable damage. Ms.
Springer included minutes from that hearing in the backup.
Ms. Ellis inquired why, no one
of the second hearing and
already resolved before the si
his presentation showed they
drain by hiring a company tha
drainage line.
Mr. Maslin explained there
spill was an intentional act
video. Ms. Ellis cornme
the City environments
understanding the infort
thought the Code Officer
eared and Mr. Evans responded he did not get notice
vould have appeared. He explained the issue was
d hearing. Mr. Evans pointed out pages 17 and 18 of
onded to retaliation from a tenant spilling oil down the
nps and cleans the catch basin with a high velocity jet
a timeline in the presentation regarding the oil spill. The
n a tenant they were in litigation with and they had a
e had specifically requested information from them and
id submitted documentation. It was Mr. Maslin's
was sent to the City and they complied, Mr. Evans
uld testify.
Officer Hart explained he spoke with Mr. Maslin who did say via phone that it was
addressed, but he did not get documentation by mail or email about it prior to the
second hearing or thereafter. Mr. Evans asked if Ms. Ellis could table the case to allow
them to provide documentation. They will pay the fine with the earlier case so he could
obtain the Business Tax Receipt. He had tenants lined up.
Mr. Evans thought this would have been better resolved if he had attended the hearing.
Ms. Springer advised a letter was sent March 26, 2015 for the April 15 hearing. The
0
Meeting Minutes
Special Code Magistrate
Boynton Beach, Florida
October 21, 2015
green card was signed by "Rosado" at Yachtsman's Properties LLC. Ms. Springer
explained if Mr. Evans appears on record, they do not to notify him because he was
present as a representative.
Ms. Ellis explained the invoice paid was to remedy the matter. She thought she would
receive a professional report regarding the environmental impact and that it was
remediated. Mr. Maslin responded they acted quickly to resolve the matter when they
received the notice. If there was an ongoing issue with the oil spill and the environment,
their cleaners and specialists would have taken further steps, and they did not. He also
thought they would have received another violation to remediate what was found. Mr.
Maslin advised this was not a large oil spill. It was someone dragging the cooking oil
and pouring it onto the concrete with some of it finding its way into the drain. That was
what their specialist cleaned up,
Decision
Ms. Ellis wanted something written from the specialist for the file explaining what they
did within five days. If Ms. Ellis received it, she would reduce the lien to $3,500; if not
the fine would stand. Ms. Ellis advised the documentation must be done to the
satisfaction of a professional.
Mr. Maslin agreed to contact the co
Business Tax Receipt issued once a
Evans inquired if they could get a
Ms. Springer explained they would
Maslin and they will fast track them.
61
CITY OFBOYNTO0 MACH, FLORIDA
C|TY0FBOYNTONBEACH
Poxki*ncc
vo. CASE NO. 15-357
YACHTSMAN 9T',OP£RT1£SLLC
�oPm�cu�s)
7R]S CAUSE xume onlot tli�- Ci1y of Boynton Beach Code Compliance Mu&'ooa/u on the Respondent's
upp8c�6un for |iun redmxi^m on , to Chapter Two, Article Five of rho City Code ufOrdinances.
Th^ Na@imr� hiving cnnai�:rcdthe upp|icotioo, ul� the tucu m-ardin& the epev|fic co& the appealing rany was in
vicYadou of, the datC Of the 01`1011m| Mx,-iuwmm h*.irinP, the dm* the affidavit ufuompUao*o was issued, the curre lien
amount and all pmdnmx in[onnmiun relating to the spccifi: uxwu and being oUnenvise duly advixed in the prcmires, it in
h*roopco,
01�DGRED AND ADJUDGED thoc
I . This: magistrate has Subject mutterjurisdi#ioou[ this cause and jur{odimioo over the Respondent,
2. The Respondent has met all rhu lien reduction proccdures rrtablishod b) the City Code oCOrdinances.
3� T6- lien bz`p*oed by the Magistrutc; on April l5 M5 on the Property |uuuied *l6{XL `
Boynton 8cuoh. F|urida.n|J` d`,� legal description of;
aEormw 1, oo--.o/wAoov PLAT n+eueorxu xsConoao IN puu BOOK 24, pwGs 14. puouC
wcConos np PALM nrAc* cou^/rr/=umR/oA, uusrws mo*r OF WAY FOR um. /i/mHIm*, w` (STATE Ro*m 5), AS
RECORDED .wonaocxa:u, PAGE 1ex� MORE PARTICULARLY DESCRIBED xopoL-owm:
THAT PART OF SECTION `, COQUIf,AuCVE, ACCORDING m THE PLAT mOQK THEREOF ASpsCOROED/w PLAT BOOK
m. PAGE w,pom-�n�oonoeu" PALM BEACH es/ws�asur�muuroWwa*/*^eeouTxc»wse
+zc/rT.aso/G *one,xRTIcu'AnL,ncnomoco»aFOLLOWS-
asu/mw/mG AT (,wrF.awonr*umsnp AND �m�n FEET wvemco�snn�ru�woF THE usconwsmopnAm
saono�� z�u�mwre�vo�po/mrow* CURVE CONCAVE ro THE EAST, AND HAVING a TANGENT esAmwGo,y
vr oeoRsEo oo'za'w rwRou** o^m po/wr, now 000n+ssI-Y ALoxu SAID Cu�vs. *^VwQ A cewrnAL ANGLE or 94
oeunssu**o3' AND A RP-31US Op 75G9 49 FEET, A DISTANCE OF 265 66 FEET THROUGH AN ANGLE OF: 02 DEG7EL:S
oo'zo" "TO A POINT op oumpocNo ounve, nxewce mourvsncrow ^cumve. HAVING A CENTRAL ^woLeop es
DEGREES 20'C3" AND A RADtUS OF 12 FEET, A DIqTANCE OF M97 / TO THsEND OF SAID CURVE AND A POIN; ON
r*saooC*u*soramo I.. THENCE woeceGm=aaa,y`w
pscr TO THE ecm'+wxva convs TO THE n.o*r r*swos wmmr*weorsmc/ ON smu ou*ve. *Av/wG a CcwnwL
ANGLE OF u* usomsenam'a;` AND xRADIUS OF 25 pssr. An/anAwos oFw,1u FEET roA POINT 0. comPoowo
CURVE; rxsmoswoRr/'�^ursaLvomawu CURVE, xm//wC^CENTRAL ANGLE oposnao�oesz/'un`AnoAm*omx
OF 5*79 ss FEET A D STANCE opzsu.ma FEET THROUGH xm ANGLE opo2 DEGREES u �
`'�' TOrHs//wooawC-//up
n4/onsonom 1: rysxosaas o-'omssazs'oo^ eALowurHsNORTH LINE OF SAID oeor/ow 1 Aofsrxmosop 19,24
vesrro THE po'xroF � sGwwwo.
is REDUCEDTO S3
4, 11�eCity pnepmvore|cese a ugisfiact(on consistent with thiuO-d/r,
expense.
8. This Order is no«f»u[ uoh] the tiuoo period for appeal under the Code, 6uy e)-pu d unJ if appealed is properly
disposed by 1h,:, City Cnmmiaoion
7. ln the evert r6u/the properly owner does not comply -with 1he Magistrate,'s order, as approved or modified by
the City Commission, within ninety (90) days of Cammioxion'x action, the Lien Reduction Ordot shall boofno further force
or cffem and the original lien o6u8 r�noxin on the property, Nu extensions mf the ninety (9U) clay period shall be permitted,
and no fu66rr uu`�on by the Code Compliance Magistrate or Uux [3,y Commission shall be pemziund ,ogm&g lien
DQNE AND ORDERED after hearing at City uFBoynton Beach, Palm Beach County, Florida this day oC
2015.
11
CO DL COMPLIANCE MAGISTRATE
,ATTEST:
ITY CLEFS ° - -t) " x
copies furnishe&
Honorable M, yor and the City Commission
City :A c,)rney
City Clerk:
Respondent