11-3137 - 3030 SE 2nd StreetG y� POLI
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Police Department
A CFA Accredited Law Enforcement Agency"
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1 00 E. Boynton Beach Boulevard Z
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fax: (561) 742-6185 ear yg2
Jeffrey Katz
Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
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Date:
To:
From
RE:
January 2, 2014
City Commission
Code Compliance Division
Code Compliance Case #11-3137
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)
o 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.
u 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 20
America's Gateway to the Gulfstrearn
Meeting Minutes
Code Compliance Board
Boynton Beach, FL November 20, 2013
properties for the company. In this instance, the home was purchased in a bulk sale, in
January 2013. They painted, cleaned the interior, and landscaped the home with intent
to rent, but decided it did not meet their criteria and to sell it. The home was under
contract in September and he received the lien search and found out about the fines.
The property is one of the best looking homes in the area. There was a broken window,
but the home was vandalized and that was why they decided to sell it. When the home
was vandalized, they stole the air conditioner and broke the doorknob. He spoke with
Ms. Springer and took care of the problem in a few weeks. They spent about $1,500
and had to replace the air conditioning compressor. The property complied and they
addressed the issues immediately. He hoped the fines would be reduced to
administrative costs.
The property was under contract. The fines were at $99K and the contract was about
$92K. They had it listed for $89K and there were multiple offers. The purchaser was an
investor and would probably lease it. Ms. Springer had photographs.
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 Code of
Ordinances, Mr. Cwynar moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of
$634,12 including administrative costs. The motion died for lack of a second.
Motion
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 Code 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 June 20, 2012, to an amount of
$3,634.12 including administrative costs. Ms. Yerzy seconded the motion that passed 5-
1 (Mr. Cwynar dissenting.)
Case No. 11-3137 Gustave Ovilma 3030 SE 2 nd Street
Ms. Springer presented the case as in the notice of violation. The notice of violation
was sent on November 21, 2011, regarding obtaining a Business Tax Receipt for a
rental property. The case was heard on January 18, 2012, and no one appeared. The
compliance date and fine set by the Board was January 28, 2012, or a fine of $200 per
day would be imposed thereafter. The violations were corrected on October 30, 2013,
having 640 days of non-compliance.
12
Meeting Minutes
Code Compliance Board
Boynton Beach, FL November 20, 2013
The property was purchased in August 2013. Ms. Springer was contacted by Mr. Ernst
Simeus who requested a lien reduction inspection. On November 6, 2013, she
informed him he needed to replace screens and install smoke detectors in the bedroom.
The home was re-inspected the next day and passed. There were no outstanding taxes
or water bills that needed to be paid.
Ernst Simeus, 6748 Bulrush Court, West Palm Beach, explained the property was
purchased from a short sale and it was in foreclosure. The prior owner did not comply.
He learned the tenant was served with the foreclosure notice and the tenant refused to
leave and was evicted. There were many problems. Mr. Simeus planned to rent the
premises. When they applied for the license, the inspector mentioned the repairs and
they addressed them all. He requested the Board reduce the liens to administrative
fees.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all iien reduction
procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 18, 2012, to an amount
of $1,634.12, including administrative costs. Ms. Carroll seconded the motion that
passed 5-1 (Mr. Cwynar dissentingj
Case No. 11-3036 Anita Winston 1633 NE 4 th Street
Ms. Springer presented the case. The notice of violation was November 8, 2011,
regarding securing building permits, restoring the exterior area to a sanitary condition
including a sewer line spill, and removing 211 outdoor stored materials, trash and debris.
The case was heard on March 21, 2012, and Jonathan Steinberg, the Respondent's
son, appeared. The compliance date and fine set by the Board was May 5, 2012, or a
fine of $250 per day would be imposed thereafter. The violations were corrected on
June 13, 2013, having 403 days of non-compliance.
Ms. Springer was contacted last year by Kim Martin, Ms. Winston's daughter, inquiring
about the status of the case and she tried to correct the violations. At one point there
was a fire. The brother was living in the home which became uninhabitable. The
mother then became ill and was moved to Georgia. Ms. Martin again contacted Ms.
Springer in June, and they met with the building department to discuss what needed to
be done to repair the property. The entire roof was destroyed by the fire and it was
suggested the roof be removed during hurricane season, but Ms. Martin decided to
demolish the home. She contacted Habitat for Humanity and she gifted the property to
them. Habitat subsequently demolished the home. All the permits were finalized and
the lot was vacant.
13
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
GUSTAVE OVILMA
Respondent's);
I
ATTEST:
THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on November 20, 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 January 18, 2012 on the Property located at 3030 SE 2" St., Boynton
Beach, Florida, with the legal description of:
JOSEPHINE S LATINO SUB LOT 6, according to the plat thereof as recorded in Plat Book 38, Page 78, of the Public
Records of Palm Beach County, Florida,
PCN: 08- 43- 46- 04 -25- 000 -0060 is REDUCED TO 1,634.12.
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 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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ay of
, 2013.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
CASE NO. 11 -3137
LIEN MODIFICATION ORDER.
Respondent Y i
CITY CLERK' S OFFICE