By Jason Schwartz
A Delray Beach couple is accusing the City of Boynton Beach of strong-arming them for their property to redevelop a section the city’s north end.
Leon and Gail Jenkins said the city’s building inspectors have condemned their four-unit apartment complex at 132-134 W. Martin Luther King Jr. Blvd. although they have spent at least $40,000 to repair the property over the last four years.
After a string of meetings, requests for permits, deadline extensions and a scheduled inspection, which became a no-show, city workers last week broke the locks on the doors of the newly remodeled property and began removing tiles and dry wall to inspect for asbestos, a procedure that must be done before demolition begins, the Jenkins said. The Asbestos Removal Edmonton services can be of great help on identifying and removing asbestos.
Just days earlier, city workers removed the water meter and disconnected the sewer.
The city in 2010 offered to buy the property. But their offer price was too low.
“The mortgage is $160,000 and they wanted to give us $110,000, and we said, ‘No you need to give us something above that,’” said Gail Jenkins, who has owned the property since 1984. “They said, ‘It’s not worth it’ so we said, ‘Maybe it’s not but we can’t pay the mortgage with $110,000.”
The city was then determined to get the property at any cost, the Jenkins said.
Andrew Mack, the city’s building official, said the city attorney directed him not to comment on the matter because the Jenkins have filed for an injunction hearing.
However, in an Oct. 29 memorandum from Mack to the Building Board of Adjustment and Appeals, Mack said the property has a history of neglect and is managed lackadaisically.
Since the Jenkins took ownership of the property, there have been 73 code cases filed against the property along with 201 documented crime activities,” he wrote. “It is also evident by the current condition of the property, the owners are either absentee landlords or are planning on walking away from the property because the financial status of the property does not benefit them.”
The Jenkins maintain that the city wants the last remaining lot on the block for its Heart of Boynton project, a residential area along Seacrest Boulevard between Boynton Beach and Martin Luther King Jr. boulevards. The area is comprised of 15 neighborhoods, which are primarily African American and Caribbean. The average household income is around $23,000.
In January 2014, the Boynton Beach Community Redevelopment Agency board unanimously voted to draft development and purchasing contracts with Boos Development Group to bring a Family Dollar chain store on the southeast corner of Seacrest and Martin Luther King Jr. boulevards. The proposed development, which is across the street from the Jenkins’ property, is expected to be 8,320 square feet with up to 20 parking spaces. The CRA looks at the prospective development as a catalyst for the surrounding area.
Two nonprofit organizations, Habitat for Humanity of South Palm Beach County and Boynton Beach Faith Based Community Development Corp., are building the 21-home Ocean Breeze West development on land just south of the Jenkins’ property.
While driving by in April of 2013, a city inspector discovered that someone had tampered with a Florida Power & Light meter box. The inspector called some perth electricians, who determined that electricity was being stolen and disconnected the power from the house, according to official documents obtained.
The tenants moved out and trespassers broke in, destroyed electric wires, which may also need services like electrical panel upgrades, plumbing, and ripped out tiles from the remodeled bathrooms, Jenkins said.
The city in April 2014 sent the Jenkins a letter ordering them to repair and rehabilitate the building or it would be demolished in 10 days. They appealed and received a two-week extension.
“A second notice of unsafe structure was certified and mailed to the owner on Sept. 2,” according to Mack’s Oct. 29 memorandum. “Due to the lack of response from the order, a demolition order was issued on Sept. 15.”
In a letter to the city, Jenkin’s attorney said they have worked tirelessly to comply with the city’s demands to repair and rehabilitate the building.
“They have expanded funds approximating $10,000 for architectural drawings down payments to contractors and subcontractors, and permits and materials. Therefore, you’re clearly moving forward with rehabilitation of the above-mentioned structure,” Attorney Larry E. Schner wrote. “One such permit, plumbing, has already been obtained.”
The Jenkins and their attorney said the city strategically created roadblocks that were costly and stalled the process.
“When the general contractor attempted to obtain his permit, the city informed the contractor that he was denied the right to even apply for permit,” Schner wrote. “My clients inquired as to why, but refused a reason from the city.”
The Jenkins had to pay a $250 fee to request a hearing to learn why the application was denied, the attorney wrote.
“Further, with hearing pending and without explanation to my clients, the city demolished the driveway and sewer lines,” he said, adding, “This, despite my clients’ efforts to begin work with a legitimate plumbing permit.”
The Jenkins has a court hearing on Thursday where a judge will decide if the city has grounds to tear down the building.