Top Cut landscaper will pay only 10% of a fine for six years' worth of county code violations
Top Cut, a landscape company that defied county code enforcement for more than five years by operating in a residential area, was allowed to pay just 10% of a $546,157 fine during a county commission meeting Tuesday.
Top Cut had actually agreed to resolve the code-enforcement violations in July by paying a staff-recommended penalty of $160,000. But three county commissioners, Sara Baxter, Mack Bernard and Marci Woodward, said they believed the fine was too high, and there were not enough votes to approve it. Staff was told to renegotiate the fine.
Maria Sachs recused herself from voting and participating in any discussions. Her husband's law firm represents Top Cut; the county attorney ruled she should recuse herself.
Following the 3-3 deadlock last month, staff returned with a recommendation to reduce the fine from $160,000 to just $54,616 or 10% of the total amount that had been assessed against the major landscaper.
The backstory: Heritage Farms residents had complained that Top Cut was destroying quality of life
Top Cut operated out of Heritage Farms, a rural-residential area whose residents complained to code enforcement that the scores of landscape equipment coming in and out of their community were destroying their quality of life.
The company even constructed a modular office building that was electrified without permits. Code enforcement had Florida Power & Light cut off electricity. Top Cut was taken before a magistrate, where it was ordered to cease operations. When it did not, $250-a-day fines were imposed for nearly six years.
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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 to a site off State Road 7 near Boynton Beach Boulevard.
The reduction to $54,616 was done Tuesday through approval of the consent agenda, which meant there was no debate. In July, county commissioners spent more than 30 minutes discussing whether the $160,000 should be accepted even though Top Cut had agreed to pay it.
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Bernard said the fine should be reduced because the county was trying to figure out whether the zoning at Heritage Farms should be changed to permit them to stay there. But Mayor Gregg Weiss saw no reason for a reduction, noting that it was Top Cut that had approached the county and agreed to pay the $160,000. There was no explanation at the meeting Tuesday as to why the fine was so significantly reduced.
Commissioner Maria Marino, who wanted to accept the initial Top Cut offer of $160,000, told The Post she is not satisfied with the current process of negotiating these settlements, adding: "I think the Board needs to come to a consensus on the best method for evaluating these cases in the future."
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One Heritage Farms resident, Michele Burns, who called for code enforcement to enforce the county code, called the lower fine "a slap in the face to Code Enforcement inspectors," adding:
“I feel bad for them. They put in all this time and effort and the fine is so small it can be written off as a cost of doing business. The message is ignore the zoning code and take your chances. This is just so wrong."
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: Top Cut landscaper pays part of fine for Palm Beach County violations
