13-1067 - Amazing Houses Inc0 1
z
Vat 102
Code Compliance
Phone: (561) 742-6120
Fax. (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
November 26, 2013
City Commission
Code Compliance Division
Code Compliance Case #13-1067
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:
❑ 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.
gL!ned on this date, the day
America's Gateway to the Gulfstream
MEETING MINUTES
CODE COMPLIANCE LIEN REDUCTION
BOYNTON BEACH, FLORIDA OCTOBER 23,2013
Chair Costantino informed Mr. Tovar when a case is tabled, the time is still running. It is
of the utmost importance to get the issue fixed as soon as possible and let the Code
Department and re-inspect the property and stop the time. Mr. Tovar said at the time it
was a window permit issue and that was why it was tabled. It was not until the second
inspection that the driveway issue came up. Mr. Borrelli asked how much the house is
worth, but Mr. Tovar had no idea. He reiterated the previous owner is still living in the
property. Chair Costantino commented it has been a rental property since March or
April 2013 and the owner has been collecting rent without a business tax receipt.
Chair Costantino surmised if Mr. Tovar's employer purchased the property in 2011 and
the person they bought it from stayed in the house, he was collecting rent from that
person. Mr. Tovar commented he only worked for the company for one and a half
years. Chair Costantiono asked if rent is being collected now and Mr. Tovar said $700
a month was collected now. Ms. Brenner asked Ms. Springer if the owner was fined for
the BTR or if he came in and made the application. Ms. Springer related the owner was
cited in March and made application in April.
Motion
Based on 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 Code of Ordinances,
Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of April 17, 2013, to the amount of $2,280.00
including administrative costs. Ms. Yerzy seconded the motion that passed 5-2. (Ms.
Carroll and Mr. Cwynar dissented).
Case No. 13-1067 Amazing Houses, Inc. 1480 Via De Pepi
Ms. Springer presented the case. The notice of violation was May 17, 2013 to apply for
and pass inspection for business tax receipt for rental property. The Code Compliance
Board hearing was July 17, 2013 and no one appeared. Compliance date and fine set
by the Board was July 27, 2013 or $150 a day, Compliance was October 17, 2013 for
81 days of non-compliance at $150 a day for a total fine amount of $12,150 plus
administrative costs of $634.12. Ms. Springer was contacted by Mr. Brown, owner of
1480 Via De Pepi, last week and advised him his case did not comply because the
property needed to be inspected as stated on the business tax receipt application. The
property was inspected on October 17, 2013 and passed inspection. There were no
outstanding water bills or taxes.
Paul Seal, 12008 S. Shore Blvd., Wellington, explained the property is currently under
contract. There was a tenant who received a notice in July about the non-compliance.
Mr. Seal stated his client, Mr. Brown, contacted the Code Compliance Department and
paid $82 for two years. The check was returned because the fee is not accepted for
im
MEETING MINUTES
CODE COMPLIANCE LIEN REDUCTION
BOYNTON BEACH, FLORIDA OCTOBER 23, 20 11
two years. Mr. Brown sent another check for $49 on July 7, 2013. Mr. Brown also sent
the application form to the Business Tax Department. Mr. Brown contacted Officer
Peter Roy but the appointment for the inspection was not made at that time. The
application was not processed for two and one half months until recently when the
search showed a lien on the property. It was at this time Mr. Brown found out his
application still had not been processed. Mr. Seal advised he was present for the
inspection last week and the property passed inspection. Mr. Seal is asking for a lien
reduction on behalf of his client. Ms. Brenner inquired how long Amazing Homes, Inc.
had owned the property and Mr. Seal replied since 2006. It has been a rental. The
owners are investors who paid $360,000 for the property. Mr. Seal was not aware of
anything that happened in the past. Vice Chair Cole asked how much the contract is
for and Mr. Seal replied $195,000.
W W-rl
Based on 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 Code of Ordinances,
Mr. Cwynar moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of July 17, 2013, and that the amount be released.
Motion died for lack of a second motion.
Based on 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 Code of Ordinances,
Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of July 17, 2013, to the amount of $1,849.12 which
is approximately 10% and includes administrative costs. Vice Chair Cole seconded the
motion that passed 4-3. (Mr. Borrelli, Ms. Carroll and Mr. Cwynar).
V. Adjournment
There being no further business to discuss, Vice Chair Cole moved to adjourn. Ms.
Brenner seconded the motion that unanimously passed. The meeting was adjourned at
8:45 p.m.
Grace Morales
Records Coordinator
1030-13 12 hours
W,
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 13-1067
AMAZING HOUSES INC.
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 October 23, 20 13, 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 July 17, 2013 on the Property located at 1480 Via De PqVi, Boynton
Beach, Florida, with the legal description of:
RENAISSANCE COMMONS PUD LT 75, according to the plat thereof as recorded in Plat Book 102, Pages 57 through 62,
of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-20-27-000-0750 is REDUCED TO $1,849.12.
The City shall prepare a release and satisfaction consistent with this Order.
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
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.
AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 29day of
- n Pr ..—,
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
NOV 13 20
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
Respondent