| Code Enforcement Detail |
| Case Number |
CE09110267 |
*zones* |
11 |
| Case Date |
2009-11-12 |
priority |
70080500000134788979 |
| Type |
DISC |
Status |
C - C |
| Description |
DISCOVERED BY INSPECTOR |
Officer |
E1634 |
| Operator |
mjoyce |
| Property On Case |
| Property ID |
74434309060060050 |
Owner |
MCKINON SYLVESTER & DOROTHY |
| Property Address |
940 28TH ST |
Owner Address |
1461 N MAGNOLIA DR |
| City/State/Zip |
WEST PALM BEACH FL 33407 |
City/State/Zip |
WEST PALM BEACH FL 33401 |
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Phone |
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| Case Description |
| THERE IS A BUSINESS OPERATING AT THIS PROPERTY | | WITHOUT THE REQUIRED SPECIAL USE PERMIT |
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| Violation Code(s) |
| 1: 94-272, TABLE IX-1(66) -- SPECIAL USE PERMIT REQUIRED | | 2: 94-273-D-66 -- DO NOT USE | | 3: 94-611, APPENDIX A. -- MASTER USE LIST (66) |
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| Notes |
| 2010-01-28 08:41:22 | ON OCT.15, 2009 DURNING ROUTINE INSPECTI | | | NEIGHBORHOODS IN ZONE 11/NORTHWOOD HILLS | | | NEW BUSINESS IN OPERATION AT 940 28TH ST | | | APPEARED TO BE A MULCHING BUSINESS. I WI | | | TRUCKS BRINGING IN LOADS OR VEGETATION A | | | DEPARTING WITH AN EMPTY TRUCK BED. I NOT | | | SUPERVISOR AND CRA OFFICIALS. AFTER MAKI | | | INQUIRY TO ONE OF THE WORKERS, I CITED M | | | VITIELLO OF 2385 EXECUTIVE CTR. DR. BOCA | | | OF FLORIDA CUTTINGS - BUSINESS NAME ON S | | | FENCE AT ENTRANCE) FOR NOT HAVING A CERT | | | AND BUSINESS TAX RECEIPT ON 11-5-09. | | | | | | ON 1-11-10, WHILE VIEWING THE AREA, I WA | | | DEAD RAT AND SNAKE (PHOTOS ATTACHED) THA | | | KILLED BY MR. FRANTZ TOUSSAINT. MR. TOUS | | | NEIGHBORING BUSINESS OWNER, ALSO COMPLAI | | | SMELL AND SMOLTERING RISING FROM THE MOU | | | | | | ON 1-15-10, I RECEIVED A PHONE CALL FROM | | | ORTLIEB (RESIDENT @ 913 29TH ST). MR ORT | | | ABOUT THE SMELL FROM THE MULCHING OPERAT | | | ST. HE WAS INFORMED THAT THE CITY WAS WE | | | SITUATION AND A CASE ALREADY HAD BEEN IN | | | ORTLIEB STATED HE'D BE INTERESTED IN BEI | | | ANY UPCOMING HEARING. | | | | | | ON 1-27-10 I VISITED THE CITE AND SPOKE | | | GENTLEMAN WHO IDENTIFIED HIMSELF AS THE | | | STATED THAT HIS FUTURE PLANS WERE TO CEA | | | MULCHING OF LEAFY VEGETATION AT THIS CIT | | | ONLY BE MULCHING WOOD FROM TREES ONCE A |
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| Inspections/Events Detail |
| DATE | TIME | INSPECTION / EVENT TYPE | INSTRUCTIONS / COMMENTS | | 2013-10-23 | 14:09:13 | COMMENTS | LIEN RELEASED ON 10/09/2013 BOOK 26376 PAGE 1319
| | 2013-10-08 | 11:52:17 | COMMENTS | RELEASE EXECUTED TODAY AND BEING SENT OVER TO COURTHOUSE FOR RECORDING. LIEN SHOULD HAVE BEEN RELEASED PREVIOUSLY DUE TO A STIPULATED AGREEMENT THAT WAS EXECUTED PER KIMBERLY ROTHENBURG, ASST CITY ATTY.
| | 2010-09-21 | 16:16:45 | COMMENTS | STIPULATED AGREEMENT - SEE ATTACHMENTS
| | 2010-08-18 | 08:38:24 | COMMENTS | PARTIES WORKING OUT A SIPULATION - NO ORDER ENTERED; ROBERT SAYLOR & CLIENTS PRESENT
| | 2010-08-17 | 10:58:42 | SM - OTHER MATTERS | SCHEDULED FOR 11:00AM SPECIAL SET HEARING PER LAW DEPARTMENT
| | 2010-08-09 | 14:42:18 | COMMENTS | LIEN RECORDED 07/27/10 FOR 0.00 BOOK 23975 PAGE 0915
| | 2010-07-14 | 16:20:14 | COMMENTS | ADDED FINE ON 94-272, TABLE IX-1(66) START DATE: 07/08/10 FINE AMT: 1000.00
| | 2010-07-08 | 16:18:06 | AFFIDAVIT OF NON-COMPLIANCE | | | 2010-05-19 | 14:32:15 | SPECIAL MASTER ORDER | SEE ATTACHMENTS-AGREED ORDER: RESPONDENT SHALL APPEAR BEFORE THE ZONING BOARD OF APPEALS NO LATER THAN THE REGULARLY SCHEDULED HEARING ON 7/1/10 - ALL OTHER CONDITIONS OF THE STIPULATION OF 2/17/10 AND ORDER DATED 2/24/10 SHALL REMAIN IN EFFECT.
| | 2010-02-24 | 16:16:02 | SPECIAL MASTER STIPULATION | STIPULATION: 1. RESPONDENTS SHALL SUBMIT A ZONING BOARD OF APPEALS APPLICATION FOR A CLASS B SPECIAL USE PERMIT NO LATER THAN MARCH 1, 2010. 2. RESPONDENTS SHALL MEET WITH PLANNING AND ZONING ADMINISTRATOR ANGELA JONES-VANN OR OTHER PLANNER TO REVIEW THE APPLICATION NO LATER THAN MARCH 1, 2010. 3. RESPONDENTS SHALL OBTAIN A CLASS B SPECIAL USE PERMIT FROM THE ZONING BOARD OF APPEALS NO LATER THAN MAY 6, 2010.
4. IN THE INTERIM, RESPONDENTS SHALL IMMEDIATELY COMPLY WITH THE FOLLOWING CONDITIONS:
A. NO YARD WASTE (OTHER THAN WOOD-ONLY) SHALL BE STORED ON THE PROPERTY FOR MORE THAN TWENTY-FOUR (24) HOURS. B. CUTTING OF YARD WASTE (WOOD-ONLY) SHALL ONLY OCCUR ONCE EVERY TWO (2) WEEKS AND SHALL BE ALLOWED ON WEEKDAYS BETWEEN THE HOURS OF 8 A.M. AND 5 P.M. C. NO FOUL ODORS SHALL BE PERMITTED ON THE PROPERTY AND SHALL BE ABATED WITHIN TWENTY-FOUR (24) HOURS OF NOTIFICATION. D. NO TRUCKS ENTERING OR LEAVING THE PROPERTY FOR PURPOSES OF YARD WASTE PROCESSING SHALL USE SERVICE ROAD OR WINDSOR AVENUE. E. ALL SCREENING SHALL BE MAINTAINED IN GOOD REPAIR.
5. RESPONDENTS SHALL EITHER 1.) OBTAIN A PERMIT FOR THE CONSTRUCTION TRAILER LOCATED ON THE PROPERTY (SEE PERMIT APPLICATION #09110026) WITHIN THIRTY (30) DAYS OF THE DATE OF THE STIPULATION; OR 2.) REMOVE THE CONSTRUCTION TRAILER FROM THE PROPERTY WITHIN SEVEN (7) DAYS OF THE DATE OF THIS STIPULATION.
6. ANY DELAY NOT CAUSED BY RESPONDENTS SHALL NOT BE CONSIDERED NON-COMPLIANCE WITH THE TERMS OF THE STIPULATION.
7. IN THE EVENT THAT THE ZONING BOARD OF APPEALS DENIES RESPONDENT???S APPLICATION FOR A CLASS B SPECIAL USE PERMIT, RESPONDENTS SHALL BE PERMITTED TO APPLY FOR A STAY BEFORE THE SPECIAL MAGISTRATE WHICH SHALL BE HEARD WITHIN TWENTY (20) DAYS BY THE SPECIAL MAGISTRATE.
8. IN THE EVENT THE RESPONDENTS FAIL TO MEET ANY OF THE ABOVE CONDITIONS, RESPONDENTS SHALL IMMEDIATELY CEASE AND DESIST ALL YARD WASTE PROCESSING OPERATIONS AT THE PROPERTY OR PAY A FINE IN THE AMOUNT OF $1,000.00 PER DAY.
| | 2009-12-14 | 14:09:49 | CERTIFIED MAIL RETURNED | 70080500000134788979 UNCLAIMED
| | 2009-12-02 | 17:13:44 | NOTICE OF HEARING | 12/02/2009 HEARING SCHEDULED BCARMAN
| | 2009-12-02 | 08:12:29 | COMMENTS | CONTINUED TO A SPECIAL SET HEARING ON 2/3/10 AT 1PM
| | 2009-11-25 | 17:13:44 | REINSPECTION | PRE-HEARING INSP SCHED BCARMAN
| | 2009-11-16 | 17:26:37 | CERTIFIED MAIL SENT | 70080500000134788979
| | 2009-11-16 | 13:27:52 | AFFIDAVIT OF POSTING | | | 2009-11-16 | 13:27:43 | POSTED PROPERTY/CITY HALL | | | 2009-11-13 | 17:13:44 | NOTICE OF VIOLATION | NOTICE OF VIO. RECORDED BCARMAN
| | 2009-11-13 | 13:30:10 | REINSPECTION | | | 2009-11-12 | 13:30:10 | INITIAL INSPECTION | | | 2009-11-12 | 13:30:10 | CREATE INITIAL CASE RECORD | VIOLATION RECORDED MJOYCE
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