09-3474 - Krause Lund Associates LLCThe Ci o Bo nton Beach
Police Department
A CFA Accredited Law Enforcement Agenci
I00 E. Boynton Beach Boulevard
P.O. Box 32 0
Boynton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 74x61$5
G. Matthew 1'mmler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Pax: (561) 7426353
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: August 9, 2011
To: City Commission
From. Code Compliance Division
RE: Code Compliance Case #09 -3474
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)
❑ Said review must occur within thirty (30) days of the request for review.
❑ 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.
u 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 dayof , 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL July 20, 2011
aforementioned case by virtue of this Board's Order of December 15, 2010 to an
amount of $500 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 09 -3474 Krause Lund Associates LLC 1599 SW 30th Ave. #14
Bold Construction Corp.
Officer Roy reviewed the case. The notice of violation date was November 3, 2009 for
violations pertaining to non - payment of fire inspection fees. The hearing was held on
December 16, 2009 and no one appeared. The compliance date established was
December 26, 2009 or incur a fine of $50 per day. Compliance was documented on
July 5, 2011 having 555 days of non - compliance.
Daniel Lewis, D.P. Lewis and Associates, the agent for the owner who was U.S. Bank
National Association as Trustee, testified the Bank took title via a foreclosure action.
They conducted a title search in March or April and no liens were found at that time.
The property is under contract and during the contract process, another title search was
done at the end of June and in early July learned about the lien. The fee was to be paid
for by Krause Lund Associates or Lund and Associates or Bold Construction. The 2009
fees were not paid, but the 2010 fees were paid. When Lewis and Associates learned
of the fee, they immediately spoke with Code. It was a title problem and the Trustee
wants to clear the title and apply for a reduction for administrative costs only.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondents have complied with all lien reduction
procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of December 16, 2009 to an
amount of $1,134.12 including administrative costs. Ms. Carroll seconded the motion
that unanimously passed.
Case No. 10 -2534 General Electric Capital Corp. 3210 SW 14th Place
Officer Roy reviewed the case. The notice of violation date was August 27, 2010 for
violations pertaining to the Property Registration Ordinance and to mow overgrown
yard, trim vegetation and remove trash and debris. The hearing was held on November
17, 2010 and no one appeared. The compliance date established was December 2,
2010 or incur a fine of $200 per day. Compliance was documented on June 30, 2011,
having 209 days of non - compliance.
Craig Barnett, Esq, Greenburg Traurig, 401 E. Los Olas Blvd, Suite 2000, Ft,
Lauderdale, Counsel for General Electric explained his client spent over $20,000 to
bring the property to a sellable state. The foreclosure began in February of 2009, prior
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 09 -3474
KRAUSE LUND ASSOCIATES LLC
BOLD CONSTRUCTION CORP.
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on July 20, 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 December 16, 2009 on the
Property located at 1599 SW 30 Ave., #14 Boynton Beach, Florida, with the legal
description of
CROSSPOINT INDUSTRIAL PLAZA CONDOMINIUM UNIT 14, according to the
plat thereof as recorded in Plat Book 42, Page 134, of the Public Records of Palm Beach
County, Florida,
PCN: 08- 43- 45- 21 -16- 000 -1550 is REDUCED TO $1,134.12.
I
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.
G. 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 ?Jbay of 12U,64 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
�CLERK
copies furnished: OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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