10-3174 - Francois Baptiste & Alourde NormilThe Ci o Bo ynton Beach
Police Department
A CFA Accredited Law Er;forcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Phone: (561) 742 -6I00
Fax: (561) 742 -6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax. (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10 -3174
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)
❑ Said review must occur within thirty (30) days of the request for review.
a 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.
❑ 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 Board
Boynton Beach, FL
August 17, 2011
Mr. Foot asked to confirm that the notice went to a proper address. Mr. Minoff indicated
the notice went to the property owner at the property address. U.S. Bank did not take
ownership and records would not have changed in the property appraiser's office until
that time. Mr. Foot inquired of Officer Roy where the notice went and he stated the
notice went to U.S. Bank, clo Shapiro and Fishman, which was the address on record
for the property owner.
Case No. 10 -1576 CitiMortgage, Inc. 109 SE 4 th Avenue
Officer Roy reviewed the case. The notice of violation was May 26, 2010 to replace or
repair all damaged soffits and fascia, remove trash and debris, and register the
property. The hearing was held on July 21, 2010 and no one appeared. The
compliance date established was July 31, 2010, or incur a fine of $50 per day. The
violations were brought into compliance on July 27, 2011 having 360 days of non-
compliance for a total of $18,000.
Eric Smith, 5676 Pebble Brook Lane, Boynton Beach advised that his company,
Prodigy Capital, acquired the property through a foreclosure from the courthouse on
May 24, 2011 and was now the current owner. As soon as they were made aware of the
liens, the property was made compliant, He advised they were not aware there was a
lien on the property. When a property is purchased at the courthouse steps, many times
people are not aware of the liens. Value of the property was approximately $50,000
and would be re -sold at a later date. After some discussion with the Board, Mr. Smith
requested the fine be reduced to administrative costs.
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 July 21, 2010 to an amount of
$2,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that
unanimously passed.
Case No. 10 -3174 Francois Baptiste & 115 NW 14 Ave
Alourde Normil
Officer Roy reviewed the case. The notice of violation was October 29, 2010 to install
four inch numbers on the house, remove trailer and pallets from yard and obtain a
Business Tax Receipt required on the property. The hearing was held on December 15,
2010 and no one appeared. The compliance date established was December 25, 2010,
or incur a fine of $250 per day. The violations were brought into compliance on June 7,
2011 having 163 days of non - compliance for a total of $40,750.
R
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
August 17, 2011
Melanie Hugel, 621 NW 53r Street, Ste 390, Boca Raton, listing agent for the property
and representing the owners, advised the property was occupied when they received
their assignment. The Bank did take title on February 24, 2011. The outdoor storage,
house numbers, and rental licenses could not be remedied as renters were in the
property and they could not go on the property and remove their personal belongings.
They were evicted May 18, 2011 and, at that time, the property was brought into
compliance along with additional items for property standards that Ms. Springer had
requested. Ms. Hugel stated she was requesting a reduction to $1,500 plus hard costs.
By her calculations of when the bank took ownership of the property, with 60 days out of
compliance at $250, the estimated fine total was $15,000. Ten percent of that amount
was $1,500.
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, Ms. Carroll moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of December 15, 2010 to an
amount of $2,634.12 including administrative costs. Mr. Foot seconded the motion that
unanimously passed_
Case No. 10 -1700 Mortgage Electronic Registration 714 SE 3` Street
Officer Roy reviewed the case. The notice of violation was June 3, 2010 to mow and
trim all overgrowth and secure the property. The hearing was held on July 21, 2010 and
no one appeared. The compliance date established was July 31, 2010, or incur a fine
of $250 per day. The violations were brought into compliance on May 27, 2011 having
299 days of non - compliance for a total of $74,750.
Melanie Hugel, 621 NW 53 Street, Ste 390, Boca Raton, listing agent for the property
and representing the owners, advised she thought this case was only about registering
the property. She was not aware of any overgrowth issues. It was assigned to her office
on April 23, 2011 and the Bank took title. She did not know why the Bank did not
register the property.
Mr. Foot indicated he was not aware of a registration violation. He was aware of the
mow and trim all overgrowth and secure the property violations. Officer Roy confirmed
that under that particular Ordinance, 09 -040 INC, Registration of Property would be
included in the violations cited, even though the property is properly registered. As far
as securing the property, Officer Roy advised it was on a shed door. He submitted
pictures of the property to the Board and the Board noted there were broken windows
on the house.
7
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10 -3174
FRANCOIS BAPTISTE & ALOURDE NORMIL
Respondent(s),
1
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Aueust 17, 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 December 15, 2010 on the
Property located at 115 NW 14" Ave., Boynton Beach, Florida, with the legal description
of:
ROLLING GREEN 2 N° ADD LT 15 BLK 12, according to the plat thereof as recorded in
Plat Book 24, Page 155, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -03- 012 -0150 is REDUCED TO $2,634.12.
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.
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 day of 2011.
—as G1
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
(?Y CLERK
FILED
AUG 2 4 2011
copies furnished: CITY CLERK'S OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
2