12-765 - Trudevelopment Inc4 4A
Police Department
A CFA Accredited Law Enforcement Agency"
1 00 E. Boynton Beach Boulevard
R 0. 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
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Date:
To:
From
RE:
April 16, 2013
City Commission
Code Compliance Division
Code Compliance Case #12-765
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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:
j 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)
Lj Said review must occur within thirty (30) days of the request for review.
Li 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
Michele Costantinc, Chair
Robert Foot, Vice Chair
Gary Cole, Second Vice Chair
Alan Borrelli (arr. 6:49)
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Kathleen Carroll
RoseMarie Yerzy
Call to Order
Shana Bridgeman, Assistant City Attorney
Diane Springer, Code Compliance Coordinator
Chair Ccstantino called the meeting to order at 6:49 p.m. when a quorum was
established and acknowledged.
H. Approval of Agenda
Motion
Mr. Foot moved to approve the agenda. Mr. Cole seconded the motion that
unanimously passed.
'Win
Attorney Bridgeman explained the hearing procedures and administered an oath to all
those intending to testify. She also, advised that since there were only four members
present, all four would have to have the same vote. There could not be a 3-1 majority.
An option was presented to the Respondents to come back when more than four
members were present. There were no withdrawals.
IV. New Business
Diane Springer, Code Compliance Coordinator, reviewed the details of the case. The
case came before the Board on June 20, 2012 and no one appeared. The proposed
compliance date was June 30, 2012 or $150 per day. The compliance date was on
November 30, 2012, for 152 days of non - compliance.
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL March 18, 2013
David Abbabo, 1731 Beacon Street, Brookline, MA, advised he flew here from Boston
and net with Melissa Dyer and stated there was no record of the fence on the
computer. He surmises the tenant attempted to build a fence and the City told him he
had to obtain a permit, so the tenant immediately removed the fence. The pool fence
was repaired and the property was cleaned. He spoke with Officer Roy when he failed
the inspection and Mr. Abbabo immediately repaired the items and passed. He was told
the case would be closed. Mr. Abbabo was told he would have to reapply for the
Business Tax Receipt since it was December, but he would not have to pay the fee
since it was just paid. He advised an associate paid the fee with cash to Ms. Dyer but
no one could find a record of payment on the computer. In the interim, the lien was
running on the property,
Ms. Springer advised the original citation did include the fence, but the fence was
removed prior to the Business Tax Receipt issue. The payment eventually was found
and the payment was backdated to reflect the date the original inspection was passed.
There was a second inspection done for lien reduction. The Business Tax Receipt was
paid for, but since he never called for an inspection, the system showed he didn't have
it, so the lien continued to run.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, David Abbabo, 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 June 20, 2012 to an amount of
$2,634,12, including administrative costs. Mr. Foot seconded the motion. The motion
passed unanimously.
Case No, 08-2092 Nicole Maximin-joseph 151 Citrus Park Cirr-le
Ms. Springer presented the details of the case. The notice of violation was issued on
July 18, 2008. It came before the Board on August 20, 2008 and no one appeared.
The proposed compliance date was August 30, 2008 or $50 per day. The compliance
date was on June 7, 2011, for 1,010 days of non-compliance. Originally the lis pendens
was filed in 2008 by Washington Mutual Bank and was re-filed by JP Morgan Chase in
2010, When it was realized the property was in foreclosure, JP Morgan Chase was
cited and a lien was recorded against the property. The lien in this case was satisfied
on February 13, 2012, so the property is no longer in foreclosure and the lien case
against the bank has been closed.
0
CODE COMPLIANCE BOARD
CITY OF BOYN TON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS.
TRUDEVELOPMENT INC.
Respondents),
f
CASE NO. 12 -765
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on March 18, 2013, 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 .tune 20 2012 on the Property located at 3120 E. Atlantic Dr., Boynton
Beach, Florida, with the legal description of:
ROLLING GREEN RIDGE LTS 28 & 29 BLK 2, according to the plat thereof as recorded in Plat Book 24, Page 124, of the
Public Records of Patin Beach County, Florida,
PCN: 08- 43- 45- 09 -12- 002 -0280 is REDUCED TO $2,634.12.
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 Carder 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 ZD day of
, 2013.
1 1 4 LV-� l
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
copies f imished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent FILED
APR 15 2013