Loading...
11-612 - Anthony Varano Jr, Anthony Varano Sr & Marianna Varano.p4 1 Police Department "A CFA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 Jeffrey Katz Interim Chief of Police Code Compliance Phone: (561) 742-6120 Fax. (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: September 10, 2013 City Commission Code Compliance Division Code Compliance Case #11-612 0 jX POLI A�7 z 0 EST, j9% 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: Lj 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 1 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida July 17, 2013 February. Chair Costantino explained how a Cease and Desist Order works and pointed out the Cease and Desist was $1,000 per occurrence. Although the Board was not certifying any occurrences at this time, she cautioned they could in the future. After further discussion, it was noted minor repairs to personal vehicles were permissible. Residents can sell three vehicles per year, Motion Based on the testimony and evidence presented in the aforementioned case, Vice Chair Cole moved that this Board find that the Respondent has not complied with this Board's Order dated May 15, 2013, and having considered the gravity of the violations, the actions taken by the Respondent, that this Board impose and certify a fine in the amount of $500 per day plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Ms. Carroll seconded the motion for discussion. Mr. Borelli commented it appeared the Respondent was using his driveway to buy and sell cars. He inquired if that was a prohibited activity, Officer Lewis explained that would be a separate case; however, there were no witnesses to vehicles being sold from the property. Mr. Jackson commented he had a dealer's license and the address listed Lake Park. Once the matter was addressed, Mr. Jackson could appear for a lien reduction. Vote The motion unanimously passed. Case No. 11-612 Anthony Varano, Jr. Anthony Varano Sr 1410 Via de Pepi Marianna Varano Diane Springer, Code Compliance Coordinator, presented the case as in the notice of violation. The notice of violation was sent March 10, 2011 to obtain a Business Tax Receipt. The case was heard April 20, 2011, and no one appeared. The compliance date and fine set by the Board was to comply by April 20, 2011, or a fine of $75 per day would be incurred thereafter. The violations were corrected after 551 days of non- compliance. The applicant met all the requirements to appear for the lien reduction. They paid the application fee, and a water bill of over $600 from the former tenant. The original notice of hearing was sent, the green card signed and returned. The case arose as a complaint from animal control. The property does have a current Business Tax Receipt. Nell Tygar, Esq., representing the Respondent, 5341 W. Atlantic Avenue, Delray Beach, and Anthony Varano, Sr., the Respondent, 7283 Via Leonardo, Lake Worth, were present. Attorney Tygar explained the property was occupied by Mr. MI Meeting Minutes Code Compliance Board Boynton Beach, Florida July 17, 2013 Varano Sr.'s son, who vacated the property and moved to a larger home to accommodate a new child. The property was vacant for around a year, and Mr. Varano. Sr., then rented the property. The unit was rented for less than two months as the tenant had problems. Mr. Varano, Sr., was unaware he needed the Business Tax Receipt and at that time had not received anything from Code Compliance because he did not live there. When he found out about the lien a year later, during the process of selling another property as a short sale, he immediately complied. Since then, he paid two lien releases on other properties in the amount of $750. For his poor judgment in renting without a Business Tax Receipt, he incurred substantial repair bills, paid $1,500 in release fines plus all the other expenses and the water bill He requested a reduction to the lowest amount allowed. Ms. Springer had a copy of the notice of violation she showed to the Respondent and the Board. Chair Costantino noted the total amount for the partial releases was $1,460.13. Mr. Varano had other properties in Renaissance Commons he was selling and this lien was holding up the sale of those properties so the City prepared partial releases at the amount of administrative costs, Attorney Tygar pointed out the sales were short sales, and he did not receive monies or profit from them. He wanted to liquidate them. Mr. Varano Sr. did not recognize the signature on the green card. He has three children and he purchased one property for each child. They did move into the units, but they ended up leaving. The tenant that moved out had problems with animal control and Mr. Varano believed he was arrested. Chair Costantino pointed out he should have made it his responsibility to learn about the rules in the City. Mr. Varano responded affirmatively, and reiterated he did not learn about the violations until he tried to sell one of the units. The summons was addressed to his son because he homesteaded the property. The notice was posted on the door, but Mr. Varano, Sr., never saw the posting. He learned of it when he went to contract on a short sale. Chair Costantino inquired about the address on file with the Property Appraiser's office and it was ascertained, when the son left, he did not update his address with the County. Chair Costantino inquired about the water bill paid. Ms. Springer responded one bill was over $600 and she noticed there was an outstanding amount for the current tenant which he paid. The total amount paid was about $800. Attorney Tygar requested the Board consider Mr. Varano, Sr., is not a professional landlord. The interior of the unit was damaged from the animals and Mr. Varano, Sr., worked with Officer Roehrich from Animal Control and met her at the unit several times to rectify what she wanted corrected. To his knowledge, the matter was left in good standing and that was why Mr. Varano, Sr., did not know any of this transpired. 11 Meeting Minutes Code Compliance Board Boynton Beach, Florida July 17, 2013 He felt the issue with animal control would not have concluded unless all was corrected. He was unaware of the violations and fines accruing. The Animal Control Officer signed off, so he thought all was fine. The property was then vacant. The first short sale occurred in November of last year, and Mr. Varano, Sr.'s, Attorney was notified of the violations that had to be rectified. Once done, he contacted Ms. Springer. It was noted only this property had the lien, not the others. Originally, the mortgage documents were sent to the subject location. Now they go to a different address. The Bank did not contact him about the lien although the Bank was cited on the case. Attorney Tygar explained this property was also in foreclosure. If they can clear the lien, they should be able to sell the unit almost immediately. There was discussion about the notice dated March 28 being picked up. Attorney Tygar commented his client made heroic efforts, took care of everything with animal control, is not a professional landlord, bought homes for his children, had a vacancy for a year and allowed someone to move in by mistake for two months. This was a citation given to him about not applying for a Business Tax Receipt for a two month tenant. Given the amount of time he spent to short sale the property and resolve the matter, it was not logical for Mr. Varano to intentionally or willfully ignore anything, Attorney Tygar commented even he was unaware of it. He commented the violation was not intentional and by the time he was sited, the tenant was out. There was no other business to get a license for, but Mr. Varano, Sr., still got the license. Chair Costantino contended the owner did not let the proper authorities know of the proper mailing address. If he had changed the address on the County level, staff would have known how to contact the proper party. It is not staff's job to search for the respondent to ensure he/she receives the proper notification. There was nothing that had to be done other than an inspection. Attorney Tygar reiterated Mr. Varano, Sr., paid dearly for a mistake and he suffered for it, Vice Chair Cole commented the client has not kept up with his properties and thought allowing a property stand to remain in his son's name when he did not live there was questionable. Attorney Tygar commented the property was homesteaded when the son was there. When the son moved, the homestead was transferred when his son bought another property. Ms. Springer explained the Property Appraiser's site listed the mailing address as Via de Pepi and there is no exemption. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents Anthony Varano, Jr. Anthony Varano Sr., and Marianna Varano 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, Ms. Carroll moved 12 Officer Cain presented the case as in the notice of violation. The notice of violation was March 20, 2013, to remove a basketball hoop from the right-of-way, The hearing was May 15, 2013 and no one appeared. The compliance date and fine set by the Board was May 25, 2013 or $500 per day thereafter. The violations still exist having 52 days of non compliance. Mr. Hoffman, 940 Greenbriar Drive, explained he bought a basketball hoop for his children that he put in front of his house. It has a base filled with sand that weighs about 200 pounds. Within a week or two, someone from the City advised him the hoop could not be on the street so he moved the hoop onto his fawn. Three months go by and he never heard anything. He thought he complied. The hoop slightly stuck out over the lawn. He called and spoke to Officer Cain and was told if it encroached over the street, he should turn the hoop around when not in use. He spun it around to face the house and was still receiving letters. He called again and was told turning it around was not sufficient as there is an easement and the hoop had to be placed by the garage, He was not aware of the legalities, but he commented he would like to get rid of the hoop or donate it. Chair Costantino inquired why he did not show up when he received the hearing notice. Mr. Hoffman responded this was the first letter he remembered receiving. Officer Cain showed the signature card to the Respondent and Chair Costantino pointed out the letter reads "You are hereby ordered to appear before the Code Compliance Board on May 15, 2013." Mr. Hoffman commented had he known he had to show up, he would have. The current fine was $26,634.12 and the Board was preparing to certify the fine. Mr. Hoffman explained he was told to turn the hoop around and send Officer Cain a picture by email which he did. He had the picture on his phone. Officer Cain confirmed Mr. Hoffman did call him and testified that what Mr. Hoffman told the Board was not correct. Officer Cain explained any time he believes he has a difficult resident, his supervisor gets involved. Officer Roy was in the office and he brought it to the attention of Ms. Springer there may be a situation. Officer Cain showed the Respondent a photograph and Mr. Hoffman agreed it was an accurate image of his house. Officer Cain explained even after the conversation, he tried to make it clear to Mr. Hoffman there was a right- of-way six or seven feet into the yard and it would be best to move the hoop closer to 13 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11 -612 ANTHONY VARANO JR. ANTHONY VARANO SR. MARIANNA VARANO Respondent(s). LIEN MODIFICATION O RD ER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on July 17, 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 April 20, 2011 on the Property located at 1410 Via De Pepi, Boynton Beach, Florida, with the legal description of RENAISSANCE COMMONS PUD LT 82, according to the plat thereof as recorded in Plat Book 43, Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 20 -27 -000 -0820 is REDUCED TO $2,730.15. 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. ' r " " "� r,nr,r„ Win_ wring at City of Boynton Beach, Palm Beach County, Florida fl— is,j` day of Michel Costantino, Chairperson CODE COMPLIANCE BOARD Respondent OFFICE CITY CLERK1