08-2092 - Nicole Maximin-JosephDate:
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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) 742-6785
G. Matthew Immler, Chief of Police
Code Compliance
Phone: f561) 742-6120
Fax: (561) 742-6383
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April 16, 2013
City Commission
Code Compliance Division
Code Compliance Case #08-2092
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:
o 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)
u Said review must occur within thirty (30) days of the request for review.
o 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.
Lj 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 12011.
America's Gateway to the Gulfstream
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 met 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.
Motion
Based an 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 Circle
Ms. Springer presented the details of the case. The notice of violation was issued on
July 18, 2008. It carne 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.
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Meeting Minutes
Code Lien Reduction
Boynton Beach, FL March 18, 2013
In May, 2012, the Respondent contacted Ms. Springer and inquired what needed to be
completed to qualify for a lien reduction. She completed all the items to come into
compliance.
Wesley Findley, 8282 Emerald Avenue, Parkland, FL, advised he was the financial
advisor for the Respondent, Ms. Maximin-Joseph. He advised his client purchased the
property 'in 2003 and had lived in it since that time. Unfortunately, she became ill with
and left the area for rehabilitation in New York, During the time, the property had been
vandalized and items were stolen. When she got better, she moved back to the home
in Florida and found out there was an excessive amount of money owed on the property
for liens, She took care of the issues and came into compliance. While she was away
from the property, it was vacant. The timeframe was approximately 2007 — 2010,
There was brief discussion on the securing of the property and the procedure followed
in posting the property.
Tanya Blass, girlfriend of the Respondent's son, advised that the medical bills were
being paid by the family, but nothing else was paid because the house went into
foreclosure. The respondent did not think she was going to come back because the
house was going to foreclosure. The bank, however, ended up working with her to save
the home. During the time frame, all the other bills were returned to sender due to no
forwarding address,
Chair Costantino inquired whether this HOA had a maintenance service that would
come and mow the yard. Mr. Findley advised, as of last year, the maintenance
company mowed the lawn. Before then, the neighbor would mow the lawn for her.
9174M
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Nicole Maximin-Joseph, 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 August 28, 2008, to an
amount of $3,230.15, including administrative costs. Mr, Cole seconded the motion.
The motion passed unanimously.
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Ms. Springer presented the details of the case. The notice of violation was issued on
June 2, 2010, It came before the Board on July 21, 2010 and no one appeared. The
proposed compliance date was August 20, 2010 or $150 per day. The compliance date
was on March 11; 2013, for 933 days of non-compl ia rice.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 08-2092
NICOLE MAXIMIN-JOSEPH
Respondent(s).
LIEN MODIFICAT°ION 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 August 20, 2008 on the Property located at 151 Citrus Park Cir. Boynton
Beach, Florida, with the legal description of:
CITRUS PARK PL LT 104, according to the plat thereof as recorded in Plat Book 74, Page 176, of the Public Records of
Palm Beach County, Florida,
PCN: 08-43-45-18-17-000-1040 is REDUCED TO $3,230.15.
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.
,n, rr nrrr, nor,T.vM-,n k,earing at City of Boynton $each, Palm Beach County, Florida this day of
copies furnished:
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
Honorable Mayor and the City Commission ,
Cit y Attorney
APS I
City Clerk
Respondent CR CLERKS OFFICE
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