05-512 - Richardo R. Marchesini.-
The City of Boy nton Beach
Police Department
"A CFA Accredited Law Enforcement Agenc_
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (56I) 742 -6100
Fax. (561) 742 -6185
G. Matthew lmmler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 74_X6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: January 5, 2012
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #05 -512
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.
❑ 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 dayof .2011.
America's Gateway to the GuIfstream
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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 call 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
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Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL December 19, 2011
close as soon as the lien issue was resolved. The contract price was for $75,000 by
someone who would be living in the property. He was requesting the fines reflect the
amount of time it took Wachovia to bring the property into compliance, which was a little
more than three months, and the amount of money spent.
Ms. Carroll inquired as to what the $30,000 covered as far as improvements and Mr.
Ben Hama advised he did not have an item by item list. He further advised that Mr.
Marchensini was the previous owner and was foreclosed on by Wachovia Bank. The
Bank took legal title on April 15, 2011. He requested to reduce the lien to $3,000 and
explained the figure was based on how long Wachovia owned the property and the
amount of liens and calculated it on a pro rata basis. Ms. Springer advised the Board
that the work performed was done between August 16, 2011 and September 8, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of May 18, 2005 to an amount of
$3,634.12 including administrative costs. Mr. Cole seconded the motion with
discussion.
Chair Costantino advised she would like the lien amount to be at least $5,000 plus
administrative costs. Mr. Alexis advised he would like to see it go to $6,000 including
administrative costs. There was discussion on the legality of the Bank entering the
property before it took legal title. The motion failed 3 -3 (Mr. Alexis, Ms. Carroll, Ms.
Yerzy dissenting).
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. Alexis moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of May 18, 2005 to an amount of
$6,000 including administrative costs. Ms. Carroll seconded the motion. The motion
passed 5 -1 (Vice Chair Yerzy dissenting).
Case No. 07 -350 Martin's BBQ, Inc. 399 Winchester Park Blvd.
Ms. Springer reviewed the case. The property was cited February 6, 2007, to bring the
property back to the original site plan on file with the City, mow, trim and weed property,
remove junk, trash, debris and graffiti. The case was heard February 17, 2010. Jim
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AWN
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 05 -512
RICARDO R. MARCHENSINI
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 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.
3. The lien imposed by the Board on Mov 18.2005 on the Property located at 916 S. Seacrest Blvd..
Boynton Beach, Florida, with the legal description of:
BOWERS PARK LT 13 (LESS W 7 FT & EXT CURVE AREA RD R/W) & LT 14 BLK 20, 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- 020 -0130 is REDUCED TO $6,000.00.
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.
nnrrG errn nnmmOPn .frP. i , o—ina at City of $oynton Beach, Palm Beach County, Florida this day of
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
copies furnished:
Honorable Mayor and the City Comvnission
City Attorney
Cit Clerk FILED
Respondent
JAN 0 4 2012
CITY CLERK'S OFFICE 1