05-1346 -- Boynton Shipwreck, Inci; 0 COT It
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Phone, (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immter, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax. (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
January 25, 2013
City Commission
Code Compliance Division
Code Compliance Case #05-1346
0
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.
u 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, EL December 17, 2012
compliance date was on November 27, 2012, for 240 days of non-compliance for the
total amount of $24,000 plus administrative costs of $730.15.
Finbar E. Quinn, 6431 Lemon Tree Lane, Miami Lakes advised he was never given
notice of the violation at his address until the violation notice was found at the property
of the tenant. He immediately phoned Officer Melillo and was advised he was in
violation of an ordinance and was told a letter was sent and signed for advising him of
the violation. He had been trying to cooperate and become compliant. Due to his
current financial situation, he requested a fine waiver or as much reduction as possible.
Ms, Springer presented the signed green card to Mr. Quinn, Although the card
contained a signature, Mr. Quinn advised the signature was not his and the address the
card was sent to had not been his address for approximately nine months. There was
brief discussion on the notification procedures followed.
100=4 11
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Finbar E. Quinn, 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 fines instituted in the
aforementioned case by virtue of this Board's Order of March 21, 2012 to an amount of
$3,130,15, including administrative costs. Mr. Bucella seconded the motion. The
motion passed unanimously.
Case No. 06-1346 Boynton Shipwreck, Inc. 811 S.E. 3` Street
Ms, Springer presented the details of the case. The notice of violation was issued on
June 20, 2005. It came before the Board on August 17, 2005 and Bob Katz appeared.
The proposed compliance date was October 1, 2005 or $25 per day. The compliance
date was on November 14, 2012, for 2,600 days of non-compliance for a total amount of
$65,000 plus administrative costs. Mr. Springer advised that upon further research, a
Business Tax Receipt was issued in 2007 and the violations would have had to comply
before this was issued. That would significantly bring the lien down to approximately
$13,000,
Arthur Dallmada, 105 E. Palmetto Park Road, Boca Raton, advised that he became
aware of this recently when the title search was done. Mr. Katz purchased the home in
2005 and it was occupied by a tenant at the time. The tenant was difficult and
eventually was evicted in 2006 due to criminal charges and other issues. The property
complied in January of 2007. Mr. Katz became ill and passed away shortly after. Mr.
Dalmada indicated he was not aware these liens existed until the title search. He
advised the property had been maintained and was in compliance.
N
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL
December 17, 2012
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Boynton Shipwreck, Inc., 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. Bucella moved that this Board reduce the fines
instituted in the aforementioned case by virtue of this Board's Order of August 17, 2005,
to an amount of $1,934,12, including administrative costs. Mr. Cole seconded the
motion. The motion passed unanimously.
Case No. 11-896 Deutsche Bank National Trust 3391 Orange Street
Ms, Springer presented the details of the case. The notice of violation was issued on
April 21, 2011, It came before the Board on June 15, 2011 and no one appeared. The
proposed compliance date was June 25, 2011 or $150 per day. The compliance date
was on November 16, 2011, for 143 days of non-compliance. There were many items
that needed to comply before becoming eligible for a lien reduction such as missing
glass on the front door, replace the rear door and steps, obtain permits for newly
installed windows, trim overgrowth, remove outside storage, trash and debris, replace
mailbox, repair sprinkler system, replace shed door and remove shed trash. Notice was
given in April and the realtor had been working diligently to complete the outstanding
items.
Chair CostantinO Galled for a recess at 7:12 p.m.
Chair Costantino reconvened the meeting at 7 p,m.
Brian Koch, was an authorized representative and proposed buyer of the property. He
advised the repairs on the home were more significant than he had originally
anticipated, as well as the liens on the property that had to be paid, Even though he
does not own the property at this point, he paid the monies. He was requesting as
much of a reduction as possible. The property was previously under contract with
someone else and that contract fell through, The realtor renegotiated with him and he
had paid the maintenance and repairs on the property to become compliant.
There was discussion on the amount of fine per day and that the amount was high for
an overgrown yard, since Mr. Koch was only responsible for the maintenance portion of
the violation.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Deutsche Bank National Trust 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
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 05 -1346
BOYNTON SHIPWRECK INC.
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 17, 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 Aueust 17, 2005 on the Property located at 811 SE Y St.. Boynton Beach,
Florida, with the legal description of:
HATHAWAY PARK LT 4 BLK D, according to the plat thereof as recorded in Plat Book 13, Page 17, of the Public Records
of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -23 -004 -0040 is REDUCED TO $1,934,12.
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 day of
1 2013.
ATTEST:
Michele ostantino, Chairperson
CODE COMPLIANCE BOARD