09-3442 - Harbor Cay LLCThe Ci o Bo nton Beach
Police Department
"A CFA Accredited Law Enforcement Agency
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 74.
Fax: (561) 74x6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone. (561) z42 - -6I20
Fax. (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
January 5, 2012
City Commission
Code Compliance Division
Code Compliance Case #09 -3442
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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)
o 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.
E3 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
America's Gateway to the Gulfstream
MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION
MEETING HELD ON MONDAY, DECEMBER 19, 2011, AT 6:30 P.M.
IN THE COMMISSION CHAMBERS, CITY HALL
100. E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA
PRESENT:
Michele Costantino, Chair
Richard Yerzy, Vice Chair
Aimond Alexis
Kathleen Carroll
Gary Cole
RoseMarie Yerzy
ABSENT:
Robert Foot
Robert Bucella, Alternate
Call to Order
Shang Bridgeman, Assistant City Attorney
Diane Springer, City Representative
Chair Costantino called the meeting to order at 6:30 p.m.
li. Approval of Agenda
Motion
Vice Chair Yerzy moved to approve the agenda. Mr. Cole seconded the motion that
unanimously passed.
Ill. Swearing in of Witnesses and Introduction
Attorney Bridgeman administered the oath to those intending to testify. Ms. Springer
reviewed the appeal procedure.
Ms. Springer called the roll to determine who was present.
IV. New Business
A. Lien Reductions
Case No. 09 -3442
Harbor Gay LLC 605 Lakeside Harbor
Ms. Springer reviewed the details of the case and advised this and the next case were
for the same property address. The property was cited October 29, 2009 for violations
Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL December 19, 2011
pertaining to mowing, weeding, trimming and removal of trash and debris. The case
was heard December 16, 2009. No one appeared and a compliance date was set for
December 26, 2009 or incur $100 per day. Compliance was achieved October 13, 2011
for 655 days of non - compliance. Ms. Springer advised she had photographs. She
further advised Mr. Denardo just purchased the property. He came to the office in
October to discuss the liens and verify compliance. He had to pay approximately $500
in municipal liens before coming before the Board. She explained that the property was
originally purchased by developers who were supposed to build townhomes. When the
market crashed, they abandoned the property. The respondent stated the house that
sits on the property was being refurbished and his intention was to put a military veteran
in there, free of rent for a year.
Joe Denardo, 1401 SE 10 Street, Suite 130, Pompano Beach, felt he was an innocent
party concerning the liens. He verified the documentation presented by Ms. Springer.
He advised that within one week he completed the improvements to the property and
went beyond what was required. He distributed his own document and explained the
contents to the Board. He indicated there was a document included that showed a
contract with TD Bank, whereas TD Bank was to give them title to the property free of
all liens and encumbrances. The closing date had to be extended 45 days. When the
bank continued to neglect the property, Mr. Denardo stated he took the property
anyway. Expenses for the improvements commencing since the date he acquired the
property totaled approximately $25,000. He advised that being a combat veteran; it was
decided to offer free rent for a year to a veteran.
Mr. Alexis inquired if the Bank reduced the price of the house and Mr. Denardo
confirmed they negotiated a lower price for the property based on the lien.
Mr. Denardo also advised that after the year of free rent was completed, the veteran
would be allowed to rent if he decided to do so. Ms. Springer advised Mr. Denardo to
contact the Business Tax Receipt Department and inquire whether a Business Tax
Receipt was required if he was not collecting rent. Mr. Denardo advised the Board that
there would be ongoing maintenance performed on the property. He also owned the
property in back so it would be important to maintain the front property.
There was discussion by the Board and suggestions of taking the improved appearance
of the property into consideration.
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, 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
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Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL December 19, 2011
amount of $1,634.12, including administrative costs. The motion was seconded by Ms.
Carroll and unanimously passed.
Case No. 10 -573 Harbor Cay LLC 605 Lakeside Harbor
Ms. Springer reviewed the details of the case. The property was cited March 1, 2010
for violations pertaining to mowing and removing trash and debris. It was heard April
21, 2010 and no one appeared. The compliance date set by the Board was May 6, 2010
or incur a fine of $100 per day. Compliance date was October 13, 2011 for 524 days of
non - compliance.
Joe Denardo, of 1401 SE 10" Street, Suite 130, Pompano Beach, Vice Chair Yerzy
inquired in order to expedite this matter, could Mr. Denardo attest that the testimony in
this case would be the same as the first one. Mr. Denardo advised the situation and
testimony were identical.
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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of
$1,634.12 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 05-512 Richardo R. Marchesini 916 S. Seacrest Blvd.
Ms. Springer reviewed the case. The property was cited March 7, 2005, to repair or
replace driveway and install sod in Swale area. The case was heard May 18, 2005. No
one appeared. A compliance date was set for June 17, 2005 or incur a fine of $25 per
day. Compliance was documented on August 16, 2011, having 2,250 days of non-
compliance. In July of 2011, Ms. Springer was asked to ensure the property came into
compliance. On August 9, 2011, she received a tail that the final inspection for the
driveway was done and it passed. In addition, in order for this to come before the Lien
Reduction Board, the Respondent had to repair or replace the soffits and soffit screens,
repair or replace the fascia in the pool area, replace missing window screens and repair
the sprinkler system. She provided photographs.
Aubrey Ben Hama, 7000 West Palmetto Park Blvd, Suite 300, Boca Raton, advised he
represented Wachovia Bank who was the current owner of the property. He advised
that although the property had been in violation since 2005, the client took legal title of
the property in April 2011. Since that time, Wachovia had spent over $30,000 to bring
the property into compliance. There was a contract on the unit and that was ready to
3
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
HARBOR CAY LLC
Respondent's).
CASE NO. 09 -3442
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on December 19, 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.
The lien imposed by the Board on December 16 2009 on the Property located at 605 Lakeside Harbor,
Boynton Beach, Florida, with the legal description of.
BROWN SAM JR SUB WLY 226.08 FT OF LT 2 & WLY 273.65 FT LT 3 LYG E OF & ADJ TO SR 5 R/W, according to
the plat thereof as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -15 -03 -000 -0022 is REDUCED TO $1,634.12.
The City shall prepare a release and satisfaction consistent with this Order.
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 4iay of
2012'•.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
JAN 0 4 t012
CITY CLE�WS OFFICXE.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent