Code Enforcement Detail
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
Phone  
Case Description
THERE IS A BUSINESS OPERATING AT THIS PROPERTY
WITHOUT THE REQUIRED SPECIAL USE PERMIT
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)
Notes
2010-01-28 08:41:22ON 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
Inspections/Events Detail
DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS
2013-10-2314:09:13COMMENTSLIEN RELEASED ON 10/09/2013
BOOK 26376 PAGE 1319
2013-10-0811:52:17COMMENTSRELEASE 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.
2010-09-2116:16:45COMMENTSSTIPULATED AGREEMENT - SEE ATTACHMENTS
2010-08-1808:38:24COMMENTSPARTIES WORKING OUT A SIPULATION - NO
ORDER ENTERED; ROBERT SAYLOR & CLIENTS
PRESENT
2010-08-1710:58:42SM - OTHER MATTERSSCHEDULED FOR 11:00AM SPECIAL SET
HEARING PER LAW DEPARTMENT
2010-08-0914:42:18COMMENTSLIEN RECORDED 07/27/10 FOR 0.00
BOOK 23975 PAGE 0915
2010-07-1416:20:14COMMENTSADDED FINE ON 94-272, TABLE IX-1(66)
START DATE: 07/08/10 FINE AMT: 1000.00
2010-07-0816:18:06AFFIDAVIT OF NON-COMPLIANCE 
2010-05-1914:32:15SPECIAL MASTER ORDERSEE 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.
2010-02-2416:16:02SPECIAL MASTER STIPULATIONSTIPULATION: 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.
2009-12-1414:09:49CERTIFIED MAIL RETURNED70080500000134788979
UNCLAIMED
2009-12-0217:13:44NOTICE OF HEARING12/02/2009 HEARING SCHEDULED BCARMAN
2009-12-0208:12:29COMMENTSCONTINUED TO A SPECIAL SET HEARING ON
2/3/10 AT 1PM
2009-11-2517:13:44REINSPECTIONPRE-HEARING INSP SCHED BCARMAN
2009-11-1617:26:37CERTIFIED MAIL SENT70080500000134788979
2009-11-1613:27:52AFFIDAVIT OF POSTING 
2009-11-1613:27:43POSTED PROPERTY/CITY HALL 
2009-11-1317:13:44NOTICE OF VIOLATIONNOTICE OF VIO. RECORDED BCARMAN
2009-11-1313:30:10REINSPECTION 
2009-11-1213:30:10INITIAL INSPECTION 
2009-11-1213:30:10CREATE INITIAL CASE RECORDVIOLATION RECORDED MJOYCE


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