07-2655 - Stuart HoughtalingThe Ci o Bo nton Beach
Police Department
A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P D. Box 310
Boynton Beach, Floridn 38435.0310
Phone (56 1) 742-6 100
Fax: (562) 743.6185
G. Matthewlmmler, Chief of Police
Scott Blasie, Code Compliance Administrator
Phone: (561) 742-6120
Fax: (561) 742.6383
LIEN REDUC11ON TRANSMITTAL MEMORANDUM
Date: April 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #07 -2655
In accordance with Ordinance number 001 -07, the enclosed "Final Lien Modification Order" is
hereby forwarded to you for review. As required by Ordinance number 001 -07, the following
procedures are to be followed:
❑ A City Commissioner has seven (7) days from the rendition of the Order to request the
City Manager's Office to place the case on a City Commission Agenda for review.
(Space provided below for transmittal purposes)
o Said review must occur within thirty (30) days of the request for review.
o Upon such review, the City Commission may take one of the following actions:
a. Uphold the Code Compliance Board's recommendation in full.
b. Over -rule the Board's decision in full.
c. Modify the Board's Final Order.
o The City Commission shall direct staff to take action consistent with their review of the
"Lien Modification Order".
I, , hereby request the City Manager's
Office to place the above referenced case on the next available City Commission Agenda for
review.
Signed on this date, the day of , 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, Florida March 21, 2011
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth In Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Mr. Yerzy moved that this Board reduce the fines Instituted in the
aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount
of $4,237 Including administrative costs. No one seconded the motion. Chair Costantino
asked for another motion after discussion.
Mr. Foot suggested that we consider something in the range of $1,500 Including
administrative costs. Mr. Brake asked why $1,500. Mr. Foot indicated this is not the
most serious of situations and that the City was not harmed by this delay and their
registration Is complete. Mr. Brake suggested possibly setting It off to the side until they
have a contract and then the Board would feel more pressured to do something. Chair
Costantino reminded Mr. Brake that the Respondent asked to be heard and they have
paid to be heard. Her only issue was that it appears the Bank Ignored the City but, she
added, Mr. Yerzy made a motion and she believed it was a fair amount that he
proposed. Mr. Brake Indicated If Mr. Yerzy remade his motion, he would second It. Mr.
Blasie interjected the Bank appeared to have complied without being prompted, with no
sale pending, and no contract. Many times when suddenly there is a sale pending and
there Is a Code violation and no registration, it Is rushed through for a lien reduction.
This Is not the case here. Chair Costantino reminded Mr. Blasse that the Bank was told
If the order was ignored, a fine would be levied. Mr. Yerzy remade his motion.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth In Section 2 -84 through 2 -89 of the City of Boynton BeaCh Code of
Ordinances, Mr. Yerzy moved that this Board reduce the fines instituted In the
aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount
of $4,237 including administrative costs. Mr. Brake seconded the motion that passed 5-
2 (Ms Carroll and Mr. Foot dissenting).
Case 407 -26SS Stuart A. Houghtaling 222 SE a Ave.
Mr. Blasie presented the case and set forth the details of the violations. The case had
originally been cited September 4, 2007 for violations to the City's Community
Appearance Code and a Business Tax Receipt for rental of a residential property. The
case had been presented to the Board on October 17, 2007, and no one had appeared.
A compliance date and proposed fine were established by the Board on November 16,
Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, Florida March 21, 2031
2007 or $75 per day. Staff had documented compliance on February 15, 2011, having
1,186 days of non- compllance, plus administrative costs.
Mr. Blasle indicated the overgrowth was remedied in time to comply with the Board's
order. However, the Business Tax Receipt was not. He submitted pictures taken on
October 16, 2007 and the yard looked good.
Connie Williams, RE /MAX Direct, 1301 W. Boynton Beach Blvd, representative for Mr.
Houghtaling and holds the listing on the property. Mr. Blasle presented pictures
showing the yard. From personal conversations and from reading an email, the owner
was transferred all over the country as a Motorola employee and had the property. At
one point, the tenants submtted. The property was visited and there were a couple of
issues that qualified for lien reduction. Ms. Williams was asked if this was the address
Mr. Houghtaling receives information at and Ms. Williams did not think so. She Indicated
she found a notice on the front door and at that point, she contacted the owner. Within
two days, everything was rectified. There was discussion with Ms. Williams as to dates
of the lien and compliance. She indicated two properties were listed in owner's name --
one in Boca Raton and this one. Diane Springer, Code Compliance Coordinator, was
sworn in and testified the address the notice was mailed to in 2007 was to a Boca
Raton address which was registered as the malling address for this property. Owner
was then transferred to Texas and although he changed his address, it was after the
case began. Another case complied and everything was mailed to Georgia. Even though
the owner kept his addresses up to date, In 2007 the registered mail was not forwarded
from his Boca Raton address to his address in Texas. Ms. Springer indicated Mr.
Houghtaling did what he was supposed to do. Mr. Blasle confirmed the overgrowth
issue was rectified, the date of compliance was when staff documented the property
was vacant; therefore, no business tax was applicable. Chair Costantino asked for
motion.
otion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2-84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the
aforementioned case by virtue of this Board's Order of October 17, 2007 to an amount
of $5,000, including administrative costs. Mr. Yerzy seconded the motion. Motion
passed with a vote of 6 -1 (Ms Carroll dissenting).
4
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 07 -2655
STEWART A. HOUGHTALING
Respondent's),
J
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on March 31. 2011, pursuant to
Chapter two, Article five of the City Code of Ordinances. The Board having considered
the application, all the facts regarding the specific code or codes the appealing party was
in violation of, the date of the original board hearing, the date the affidavit of compliance
was issued, the current lien amount and all pertinent information relating to the specific
case and being otherwise duly advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that:
This Board has subject matter jurisdiction of this cause and jurisdiction
over the Respondent.
2. The Respondent has met all the lien reduction procedures established by
the City Code of Ordinances.
3. The lien imposed by the Board on October 17, 2007 on the
Property located at 222 SE 4` Ave., Boynton Beach, Florida, with the legal description
o£
BOWERS PARK LT 7, according to the plat thereof as recorded in Plat Book 11, Page
57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -28 -12 -007 -0040 is REDUCED TO $5,000.00.
1
4. The City shall prepare a release and satisfaction consistent with this
Order.
5. The release and satisfaction shall be recorded in the public records of
Palm Beach County at the Respondent's expense.
6. This Order is not final until the time period for appeal under the Code has
elapsed and if appealed is properly disposed by the City Commission.
7. In the event that the property owner does not comply with the Code
Compliance Board order, as approved or modified by the City Commission, within ninety
(90) days of Commission's action, the Lien Reduction Order shall be of no further force
or effect, and the original lien shall remain on the property. No extensions of the ninety
(90) day period shall be permitted, and no further action by the Code Compliance Board
or the City Commission shall be permitted regarding lien reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach
County, :Florida this 5 day o L , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
M.
(qYCLERY-
'
APR 4 7 2011
copies furnished: Cl.'.�k'�' OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
N