Bizarre twist: Landscaper offers to pay reduced fine but some commissioners say it's still too high

County commissioners have refused to accept an offer from a landscaper to pay just 20% of a $546,157 fine for defying code enforcement for nearly six years.

But it's not because they think the fine is too low.

Three commissioners actually thought the fine was too high even though the landscaper, Top Cut, had agreed to pay the $160,000 fine.

Top Cut, one of the county’s largest landscape companies, wanted the issue resolved. So, too, did county staff.

The matter was placed on the consent agenda on July 11, which meant it was expected to be approved with no discussion. But any commissioner has the right to pull it off the consent agenda, and that is what occurred, generating a surprising 40-minute debate that became contentious at times.

'We have rules for a reason': County makes it clear to landscapers - stay out of residential areas

At issue was Top Cut's operation in Heritage Farms, a residential, rural neighborhood west of Lake Worth Beach. For years, it moved heavy equipment in and out of the community, making it difficult for residents to access their homes during rush hours.

Residents lobbied the county for protection, and eventually the commission adopted regulations that made it impossible for Top Cut to continue operating out of Heritage Farms. The company last year moved its operations to State Road 7 near Boynton Beach Boulevard in unincorporated Palm Beach County.

The company was first cited in 2017 after Heritage Farms residents complained to Code Enforcement that more than 70 trucks and landscape vehicles were stored at its Heritage Farms site, destroying their quality of life. The company even constructed a modular office building that was electrified without permits.

After it continued to ignore Code Enforcement directives, the company was taken before a magistrate where it was ordered to cease operations but it did not, and $250-a-day fines have ensued for several years.

Why did commissioners deadlock 3-3 on accepting the Top Cut settlement proposal?

Sara Baxter, Mack Bernard and Marci Woodward refused to vote for the settlement. Baxter and Bernard felt that the fine was too high even though it amounted to an 80% reduction of the $546,157. Baxter called for a 90% reduction, a figure that would save Top Cut $80,000.

Commissioners Michael Barnett, Maria Marino and Mayor Gregg Weiss supported the settlement. Maria Sachs recused herself and did not vote or participate in the discussion, saying she had a conflict of interest.

With the 3-3 deadlock, the commissioners voted to postpone consideration of the settlement, instructing staff to negotiate again with Top Cut.

No more semi storage in Acreage? County is cracking down — and truckers are not happy.

Risa McCarraher, a resident of Heritage Farms, wrote a letter to the commission saying that even a 20% reduction was too much. She later told The Post that the fine should have been increased, not decreased.

“This company not only had hundreds of trucks, cars, and employees coming into the neighborhood daily but would bring in large equipment on the weekends to mulch the landscape debris they brought to our community from their job sites. They mulched from 5 a.m. until late in the afternoon (also a violation of County rules).

“Even after purchasing a new property, with the correct zoning/land use, they refused to move until the county stepped in and cut the illegally run power to the non-permitted structure! They then illegally ran generators to power their offices!”

Growth in the area ultimately forced code changes

Mack Bernard, however, argued that the reason why Top Cut continued to operate in Heritage Farms was because the county was considering what to do about changing the code in the area, adding: “There was no way they could come into compliance while we were considering making those changes. Making them pay $160,000 amounts to extortion."

'All we are doing is enforcing the law': County's code-enforcement efforts draw ire at forum

Mayor Gregg Weiss, however, disagreed.

“For the property owner to renege on the agreement and now ask the board to overrule the agreement that the property owner agreed to is in my mind unfair to staff, the taxpayers and other code violators who cannot afford to hire an attorney to get an even better deal they already had,” Weiss told The Post.

Baxter and Bernard noted that landscapers had been operating in Heritage Farms long before many of the residents moved there. Assistant County Administrator Patrick Rutter said that code enforcement acted once residents brought the situation to the county’s attention.

Bernard said landscapers were in Heritage Farms for more than 20 years before they were first cited, adding: “I find it hard to believe that no one from staff knew they were there.”

Steven Miller, president and founder of Top Cut, told commissioners that he had planned to move to his State Road 7 location in early 2020 but COVID prevented that from occurring. And then the county, faced with staffing issues, took 18 months to issue the necessary permits for his new location west of Boynton Beach on State Road 7.

McCarraher, the Heritage Farms resident, called the fines being levied against Top Cut "a cost of doing business." And she said the fine reduction will once again undermine the work of code enforcement.

Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today

This article originally appeared on Palm Beach Post: Palm Beach County commissioners refuse landscaper' offer to pay fine