09-3309 - Mark McLeon - 40 Desford LanePolice Department
"A CPA 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
Jeffrey Katz
Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax., (561) 742-6383
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Date: October 28, 2013
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #09-3309
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)
u Said review must occur within thirty (30) days of the request for review.
u 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 Managers
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 Costantino, Chair
Gary Cole, First Vice Chair
Alan Borrelli
Kathleen Carroll
RoseMarje Yerzy
ABSENT:
Carol Brenner
I. Call to Order
z 104 pill" I
Shana Bridgeman, Assistant City Attorney
Diane Springer, Code Compliance Coordinator
Chair Costantino called the meeting to order at 6:30 p.m. A quorum was present.
H. Approval of Agenda
Motion
Vice Chair Cole moved to approve the agenda, Ms. Yerzy seconded the motion that
unanimously passed.
111. Swearing in of Witnesses
Attorney Bridgeman explained the procedures and administered an oath to all those
intending to testify.
Ms. Springer distributed a letter to the Respondents detailing the procedures and
appeal to the City Commission. She explained it could take up to a month and a half
before the matter is final. When needed, she could issue a letter detailing the Board's
decision, pending City Commission review, if requested.
IV. New Business
Case No. 09-3309
Mark McLeod
40 Desford Lane
Ms. Springer presented the case. The notice of violation was October 14, 2009,
regarding a Business Tax Receipt. The case was heard on November 18, 2009, and no
one appeared. The date and fine set by the Board was December 18, 2009, or a fine of
$100 per day would be imposed thereafter. The violations were corrected on August 5,
2013, having 1,325 days of non-compliance.
MEETING MINUTES
CODE COMPLIANCE LIEN REDUCTION
SEPTEMBER 25, 2013 SEPTEMBER 25, 2013
The property was purchased on June 20, 2013. Nis. Springer was first contacted on
June 21, 2013, to obtain information for lien reduction. The inspection revealed the
house numbers needed to be replaced and there were outstanding water bills. The
home was occupied at the time of purchase and the owner had to remove the tenants,
which was why it took two months from the date of purchase to the date of compliance.
The property was purchased for the owner's father. Staff confirmed the property was
vacant on August 5, 2013.
Nilesh Lakhlani, 11866 SW 44th Street, Davie, was the owner. He commented the
fines are from the owner and he sought relief. The violations were corrected and the
property was inspected'.
Chair Costantino inquired if he was aware the violations run with the property, not the
owner. Mr. Lakhlani advised he first learned of the liens when he purchased the
property from the bank. There were several expenses. The water bill was $315 which
was not paid by the former tenant. There was an expense to remove the tenant and the
cost of the repairs to the unit, which was severely damaged by the tenant and former
owner. There were HOA liens of $12,600 which he was addressing. The FP&L bill was
$515 and additional repairs were about $2,500. He had a copy of the receipts.
Mr. Lakhlani understood from the Ordinance, the violation was in reference to the
property owner not filing for a permit to rent. If that was correct, the violation did not
pose a serious or imminent threat to the safety of others. Chair Costantino commented
when an individual intends to rent property, a property inspection needs to be done for
the safety and health of the tenant. Mr. Lakhlani understood the necessary paperwork
should be filed. He pointed out he was not being disrespectful to it, but at this point, it
was not an imminent danger.
Vice Chair Cole inquired if the repairs would be made to rent to a tenant. Mr. Lakhlani
responded his 71 -year old father would be moving into the property.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Cade of
Ordinances, Vice Chair Cole moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of November 18, 2009, to an
amount of $3,634.12 including administrative costs. Ms. Carroll seconded the motion
that unanimously passed.
2
CITY OF BOYNTON BEACH
Petitioner,
vs,
MARK MC LEOD
Respondent(s).
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 09-3309
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on September 25, 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 November 18, 2009 on the Property located at 40 Desford Ln., Boynton
Beach, Florida, with the legal description of:
BOYNTON LAKES PL 5 LT 2 BLK 9, according to the plat thereof as recorded in Plat Book 52, Page 105, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-08-09-009-0020 is REDUCED TO $3,634.12.
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,
T 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
firther 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.
IDOPE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida tbia-0AY of
P J) ,2013.
A3
Miche "eCostantinol, &Chairperson
-ICE CODE COMPLIANCE BOARD
ATTEST:
C7
5ftY CLERK – &<10d4
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent