11-3343 - Victor & Barbara DieguezThe Ci!y ofBoynton
Police Department
"A CPA Accredited Law Enforcement Agency
I GO E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fur: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
September 5, 2012
City Commission
Code Compliance Division
Code Compliance Case 41 1-3343
W�,, n r �, ��w
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".
1, , 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 Lien Reduction
Boynton Beach, FL August 20, 2012
permit. Ms. Springer spoke with the owner on August 17, 2012, and he was ready for
lien reduction two weeks later.
Eric Jeanty, 14797 Cumberland Drive, Delray Beach, purchased the property on May
24, expecting to receive a clear title. He did a routine search to ensure the property was
recorded and discovered the lien the title company failed to discover. The property was
the best looking property on the block. He spent much money addressing the items the
Bank did not in order to resolve the issue with the City. The property would be an
investment property. It was not currently rented because he had to address the items in
order to obtain the Business Tax Receipt.
Mr. Foot inquired if there was any evidence if the openings were secure before
registration. Ms. Springer explained the property was in complete compliance on
August 22, 2011. There was a real estate agent working towards the lien reduction who
stopped pursuing the reduction. When Mr. Jeanty purchased the property, the agent
did not disclose there was a lien. Mr. Jeanty discovered the lien when he was checking
to ensure the sale was filed.
The title company was in Georgia. U.S. Bank uses a lot of offshore workers whom, he
believed ,sere located in India. When he contacted them, they did not respond until
today, Mr, Jeanty would have to get an attorney to resolve the issue. Ms. Springer
confirmed Alte Source, the company Mr. Jeanty dealt with, was a company in India as
she deals with them every day.
Mr. Jeanty explained he spent about $16,000 on repairs. The violations were in
compliance before that time.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, U.S. Bank National Assoc., 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. Cole moved that this Board reduce the fines 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. Ms. Yerzy seconded the motion
that passed 4-1, (Mr. Foot dissenting.)
Ms. Springer presented the case. The notice of violation was December 12, 2011
pertaining to a Business Tax Receipt. The case was heard on December 15, 2012 and
no one appeared. A compliance date was set for February 25, 2012, or a fine of $150
per day would be imposed thereafter. The violations were corrected on August 8, 2012.
The green card regarding the hearing was signed.
In
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL Au 20, 2012
Victor Dieguez, 4400 Garden Avenue, West Palm Beach, did not offer testimony. Two
checks were submitted for two properties that were situated in the same complex. He
was working with Code Officer Courtney Cain, and was unaware he had to attend the
hearing.
Ms. Springer explained Mr. Dieguez had another unit in the complex and he did obtain
the inspection for the Business Tax Receipt. The subject unit did not receive an
inspection because no one was living in it at the time. A tenant moved in a month later
and moved out and another tenant moved in about a month and a half after that. Mr.
Dieguez reiterated he was working with Officer Cain at the time. He had received
correspondence regarding the violation and Ms. Springer confirmed he sent in money
for both units. When queried if a refund was received, Mr. Dieguez responded the
money was not refunded, nor did he pursue it. Mr. Dieguez thought Officer Cain
inspected both units, but apparently did not. Ms. Springer thought it May not have been
because it was unoccupied or no one was available to let him in. She reiterated the
payment was submitted for both. Notices were issued indicating the application was not
complete for the Business Tax Receipt because of the lack of the inspection.
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents, Victor & Barbara Dieguez, 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, Mr. Bucella moved that this Board reduce the fines
instituted in the aforementioned case by virtue of this Board's Order of February 15,
2012, to an amount of $1,134.12, including administrative costs. Mr. Cole seconded the
motion that unanimously passed,
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Ms. Springer presented the case, The notice of violation was on December 1, 201
regarding registration of a foreclosed property, and mow and trim yard areas. The case
was heard February 15, 2012, and no one appeared. A compliance date was set for
February 25, 2012, or a fine of $250 per day would be imposed thereafter. The
violations were corrected on August 14, 2012.
Ms. Springer was contacted on July 31 st for a reduction and by August 9th, the work
was done. The property was brought into compliance almost immediately,
Susan Raab Popov, 8842 Cobblestone Point Circle, Boynton Beach, and Alex
Bendien, Lyons Realty Group, 1851 Via Grenada, Boynton Beach, were present.
11
CODE COMPLIANCE BOARD
CI'T'Y OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 11 -3343
VICTOR & BARBARA DIEGUEZ
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 August 20, 2012, 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 February 15, 2012 on the Property located at 2313 N. Congress Ave. #17,
Boynton Beach, Florida, with the legal description of:
BOYNTON LANDINGS CONDOMINIUM UNIT 17 BLDG 2313, according to the plat thereof as recorded in Plat Boole
54, Page 191 of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -18 -22 -006 -0170 is REDUCED TO $1,134.12.
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.
n" "U " XT �JRI7FRI D aftei° hearing at City of Boynton Beach, Palm Beach County, Florida this day of
2012.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
copies furnished
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent -` ;U
QTY CLERK' OFFICE