02-227 -- Christine Tetrick and Joseph MagneticoDate:
To:
From:
RE:
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 Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
January 25, 2013
City Commission
Code Compliance Division
Code Compliance Case #02-227
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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:
u 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.
Lj 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.
o 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 Compliance Board
Boynton Beach, FL December 19, 2012
IV. Swearing in of Witnesses and Introduction
Shana Bridgeman, Board Counsel, explained the hearing procedures and
administered an oath to all those intending to testify.
V. New Business
Officer Pierre called the roll and determined who was present. Chair Costantino also
pointed out the January 16, 2013, meeting would be a combination Code Compliance
and Lien Reduction meeting.
Case No. 02-227 Christine A. Tetrick & Joseph Magnetico 1010 Coral Ct.
Diane Springer, Code Compliance Coordinator, presented the case as contained in
the Notice of Violation issued on January 23, 2002, which related to needing a permit
for an irrigation system and shed. The case was heard on March 20, 2002, and no one
appeared. A compliance date and fine was set for April 19, 2002, or a fine of $25 per
day would be incurred thereafter. The violations were corrected on December 6, 2012,
accruing a fine of $97,075 plus administrative fees. This case had been tabled from the
Lien Reduction meeting.
Ms. Springer explained Ms. Tetrick had applied for a mortgage re -finance which was
when the lien was discovered. Mr. Magnetico received the certified mail and did not
inform Ms. Tetrick of the lien. Upon learning of the lien, Ms. Tetrick came to City and
was advised what had to be done. She went to the Building Department, was told what
to do and she did it. The shed was removed. She contacted a contractor to repair the
irrigation system and obtain permits. When she received the estimates from the plumber
and electrician, the price was more than she could afford. She had the irrigation system
removed, also with a permit, and it was approved by the Building Department on
December 6, 2012. She paid for the permit and she requested a refund; however, the
Building Department is not refunding the money. They collected the fees from her, were
not reviewing any plans and would not conduct any inspections.
Christine Ann Tetrick, 1010 Coral Court, Boynton Beach, explained when she first
purchased the property, she made the mistake of putting someone on the deed she
should not have. She paid for everything regarding the house, made all the payments
and within 12 months, realized Mr. Magnetico was not honorable and she was in the
process of throwing him out. She opined that was why she did not know about the mail.
She paid $40,000 to have him removed from the deed, but it was a Quit Claim Deed
and her lawyer should have done a title search. It was only when she applied and was
approved for a government refinance program that she found the lien. She made
contact with the City to find out what to do and consequently removed the shed, but it
was too expensive to fix the irrigation system as it was too expensive to do so and she
removed it. She commented she is on disability.
2
Meeting Minutes
Code Compliance Board
Boynton Beach, FL December 19, 2012
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents, Christine A. Tetrick & Joseph Magnetico, 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
March 20, 2002, to an amount of zero dollars, including administrative costs. Ms. Carroll
seconded the motion.
Vice Chair Foot commented the Board heard a similar case and did not zero out the
fine. He thought the City should at least recapture the City's costs.
The motion passed 5-1 (Vice Chair Foot dissenting).
Case No. 12-1980 Dalan Enterprise Inc. — HD Aero Support
Property Address: 3547 High Ridge Rd.
Violation(s): BBA FBC 2010 ED. 105-1
Rack shelving installed without permit and fire
wall opening without permit. Red tagged.
Courtney Cain, Code Compliance Officer, presented the case as contained in the
Notice of Violation. The initial inspection date was October 5, 2012. The Respondent
requested 60 days to correct the violations.
Based on the testimony and evidence presented in the aforementioned case, Ms.
Carroll moved that this Board find that Galan Enterprise Inc. — HD Aero Support are in
violation of the City of Boynton Beach Code section cited and moved to Order that the
Respondents correct the violation on or before February 17, 2013. The Board has
considered the gravity of the violation, the actions taken by the Respondents and any
previous violations by the Respondents and hereby orders that if the Respondents do
not comply with this Order, a fine in the amount of $50 per day for each day the violation
continues past February 17, 2013, plus administrative costs shall be imposed. The
Respondents are further ordered to contact the City of Boynton Beach Code
Compliance Division in order to arrange for re -inspection of the property to verify
compliance with this Order. Mr. Bucella seconded the motion that unanimously passed.
Case No. 12-1721 Thomas McGraw
Property Address, 118 SE 29th Avenue
Violation(s): BBA FBC 2010 ED 105.1
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CODE COMPLIANCE BOARD
CITY OF BBOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 02-227
CHRISTINE A. TETRICK
JOSEPH MAGNETICO
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, 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 March 20, 2002 on the Property located at 1010 Coral Ct., Boynton.
Beach, Florida, with the legal description of:
VENETIAN ISLE ADD 1 LT 59 (LESS ELY 25 FT), according to the plat thereof as recorded in Plat Book 25, Page 221, of
the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-20-04-000-0591 is REDUCED TO NO FINE.
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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palrn Beach County, Florida this day of
y , 2013.
e
ATTEST:
Cl Y CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
CO CLEWS OFFICE
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD