10-2591 - Dana Vanderhoff
The City of Boynton Beach
Police Department
"A erA AccredUcd Law Eriforcement AgencJ
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 74:;!-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
July 5,2011
To:
City Commission
From:
Code Compliance Division
RE:
Code Compliance Case #10-2591
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:
o 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)
Q Said review must occur within thirty (30) days of the request for review.
Q 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.
Q The City Commission shall direct staff to take action consistent >Nth 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 Board
Boynton Beach, FL
May 18, 2011
September 30, 2010 or $150 per day. Date of compliance was April 27. 2011 for 208
days for a total of $31,200, plus $634.12 in administrative fees.
Alexander Gananno, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, is an
attorney with the firm of Aldridge Conners and advised they represent the current
owner. Mr. Levine no longer owns the property. It is currently owned by HSBC. He
advised he spoke with the realtor and his understanding was that Mr. Levine rented the
property without a business tax receipt and that is what led him to be out of compliance.
The Sank took title to the property on April 11 J 2011 and his understanding was the
property was vacant and compliant at that point. He is asking for a reasonable
reduction as the Bank had the property under contract.
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. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of September 15, 2010 to an
amount of $1,500 including administrative costs. Mr. LaRock seconded the motion that
unanimously passed.
Case No. 10-2591
Property Address:
Violation(s):
Dana Vanderhoff
928 Isles Road
CO SBA FBC '07 105.1
Renew expired permit
Officer Roy advised this came before the Board on November 17, 2010 and no one
appeared. The compliance date and proposed fine set by the Board was November 27,
2010 or $75.00 per day. They complied on February 22, 2011 for a total of 86 days of
non-compliance for a total of $6,450 plus administrative costs of $634.12.
Bob Loscotai, 708 Lucern Avenue, Lake Worth, is the listing agent for Aurora Lawn
Services which is the current owner of the property. He advised there is a pending sale
on the property and had a closing date, but could not close because of the lien. He
advised the purchase price on the property is $374,000. He advised the Board that they
were required to get an inspection done and there were no permit requirements. It was
an old permit and they just needed to call for an inspection.
John Herring, Code Compliance Officer, advised this case was an expired air
conditioning permit and the case was written to either renew the expired permit or apply
for a new one. The air conditioning company renewed the permit and it passed
inspection.
5
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
May 18.2011
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. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of November 17, 2010 to an
amount of $1,000 including administrative costs. Vice Chair Yerzy seconded the
motion that unanimously passed.
Serrano at Country Lakes. HOA
50 Country Lake Circle
LOR CH 4, SEe 11
Site plan to be maintained per plan.
Skip Lewis, Senior Code Compliance Officer. presented the case and reviewed the
details of the violation. He advised they do have a plan in place. This was a complaint
and the neighbors were in attendance to speak. The City's recommendation is to
accept their plan. In summary, the homeowners along this border line took it upon
themselves to remove very large trees which were part of the landscape border. The
President of the Homeowners Association wants to rectify as soon as possible, but
there are money constraints due to foreclosure.
Case No. 11-554
Property Address:
Violation(s):
Mr. Foot inquired which trees the City was concerned with. Mr. Lewis advised the City
was concerned about the whole site to bring it up to site plan. The recommendation
before the Board was to plant the three "hot spot" trees. with the first three that affect
the homeowners planted within 90 days, one during each month. The next ones would
be planted over the process of a year. The compliance date for the three trees would
be August 16, 2011.
Roger Saberson, 2740 SW 23rd Cranbrook Drive. advised his home is directly behind
the homes in question. In the beginning, the developer came to the City and instead of
doing traditional single family zoning, they wanted more density. There was much
discussion at that time about the type of buffering to be used to accomplish the density
issue and provide privacy to adjoining property owners. The City maintained a strong
stand on the issue. Ultimately what was planted was called "Shady Lady" trees. These
trees grew to two stories in height and were finally achieving the purpose they were
being planted for in the first place and then they were removed. The Board should be
firm and he suggested that if the trees are not planted as scheduled, there should be
repercussions.
Mr. Lewis indicated that there will be input from the homeowners also to make sure
when the first tree is planted, it is acceptable.
6
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10-259]
DANA VANDERHOFF
Respondent(s).
I
LIEN MODIFICA TJON ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Mav 18.2011. 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:
1. 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 November 17. 2010 on the
Property located at 928 Isles Rd.. Boynton Beach, Florida, with the legal description of:
BOYNTON ISLES LT 33, according to the plat thereof as recorded in Plat Book 25,
Page 34, of the Public Records of Palm Beach County, Florida,
peN: 08-43-45-27-06-000-0330 is REDUCED TO $1,000.00.
4. The City shall prepare a release and satisfaction consistent with this
Order.
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 untll 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 fUlther action by the Code Compliance Board
or the City Commission shall be permitted regarding lien reductlon.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach
County, Florida this 1511 day of l' €y , 2011.
~~~
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
"....-...J).
.-.-.'- "=i' I ; '...,
. . I.~
L' i~~ .::-..:1 ;..:.Ii,.\ ..-
2