13-747 - Sky Bopynton Holdings LLC-T-MobilePolice Department
"A CFA Accredited Law Enforcement Agency
1 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone; (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: April 15, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-747
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.
Lj 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_
rViee- fin g Minutes
Code Compliance Board
Boynton Beach, FIL March 19, 2014
remove trash and debris, and repair and weed the driveway. A water bill of over $2,000
was outstanding as well as a municipal lien.
The property was inspected in December 2013. Some items were corrected but it was
learned permits were only pulled for two of the four windows that were replaced and a
door. The property was re-inspected in January. The driveway needed to be replaced
and they needed to paint and repair the stucco where the air conditioner was, the air
conditioner condenser needed to be replaced and the front yard sodded. The items
were all corrected and the property met all the requirements for the lien reduction,
Sue King, Data Quick Title, 5629 Strand Boulevard, Naples, the authorized agent for
the Bank, explained the property was a bank-owned foreclosure. They recorded the
certificate of title on July 12, 2013. In 2012, the assessed value of the home was
$31,455. This year the value is $411,966. The Bank invested $45,532 in the repairs and
there were mold issues they addressed. She thought the repairs increased the value.
Ms. King opined the home may sell for $45K to $50K and she offered to email a list of
the repairs needed. Ms. Ellis agreed to recall the case pending receipt of the expenses.
Case No. 13-747 Sky Boynton Holdings LL C- T-Mobile
South ILLC
Property Address: 310 N. Congress Avenue
Violation(s): BBA FBC 2010 ED 105.1
Tenant to obtain building permit for store
front, customer counter and electrical
repair work performed without permits.
Red tagged.
Ms. Springer presented the case. The Notice of Violation date was April 23, 2013, for
the above captioned violations. The case was heard on June 19, 2013. The compliance
date and fine was June 29, 2013, or a fine of $300 a day would be imposed thereafter.
The violations were corrected on January 21, 2014, having 205 days of non-compliance
and a fine totaling $61,500 plus administrative fees.
Rhonda Blanchard, Nationwide Security and Building Services in Southern
California, the property repair and maintenance company for T-Mobile, explained there
was an emergency at the location as a motorist drove through the front window. The
firm contracts local contractors in the area to take care of the repairs. The company
went to the site, gave a quote, made the repairs, but did not pull a permit. They
received notification from T-Mobile that a notice was left at the site for non-compliance
and not having a pert They immediately applied to the City for the permits and
submitted sketches. The permit process was a long process that started on April 15".
They were notified on July 12 by T-Mobile about a hearing, which they interpreted to
read T-Mobile would appear at the August 21' hearing, while T-Mobile thought
Nationwide Security and Building Services would appear. The permits were closed and
IN
Meeting Minutes
Code Compliance Board
Boynton Beach, Fl- March 19, 2014
they were requesting a reduction. They would go back to the contractor that did the
work to hold them accountable,
Stan Wachowski, property owner for the shopping center, explained it was a case of
too many people involved. They notified the individuals handling the repair, and the
matter fell through the cracks. The work was done by licensed personnel using local
vendors. They learned of the outstanding lien while going through a refinance process.
They contacted all the parties involved to get to the bottom of the matter. T-Mobile has
been a tenant since the shopping center was built nearly 10 years ago. There was also
some confusion about the type of permit to be pulled. There was no damage to the
electrical, it was just the storefront.
Given the testimony and there were issues, Ms. Ellis reduced the lien to $4K plus
administrative costs of $634.12.
Case No. 13-33.8 JP Morgan Chase Bank NA
Property Address: 1802 Meadows Circle W.
Violation(s): BBB FBC 201 ED- 105.1
Permit required for demolition. Red
tagged,
Ms. Springer presented the case. The notice of violation was sent on March 6, 2013,
for the above captioned violation which involved mold and drywall. The case was heard
May 15, 2013. The compliance date and fine was May 25, 2013, or a fine of $500 per
day would be imposed thereafter. The violations were corrected on November 21, 2013,
having 179 days of non-compliance, and a total fine of $89,600 plus administrative fees.
Ms. Springer was contacted in December, and at that time, the property met all the
requirements for lien reduction.
Ryan Shirley, of Ronald R. Wolf and Associates for JP Morgan Chase, explained
he was not given information about why a permit was not obtained. The Bank obtained
the Certificate of Title on January 30, 2013 and came into compliance about 10 months
after taking possession. The property is not under contract, but they want to sell it. The
property is worth about $45K. Attorney Shirley did not have information about how
much money was spent in repairs, but he agreed to provide it to Ms. Springer by the
end of the week. Ms. Ellis explained she needed that information before making her
decision.
Fol, t 4 �
Ms. Ellis tabled the case to April 19, 2014.
Case Now 10-3262
Property Address:
Deutsche Bank National Trust
921 NW 3 Street
11
CITY OF BOYNTON REACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
V& CASE NO. 13-747
SKY BOYNTON HOLDINGS LLC
T-MOBILE SOUTH LLC
Respondent(-s)-
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on March 19, 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances.
The Magistrate 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 Magistrate hearing, the date the affidavit of compliance was issued, the current lien
amount and all pertinent infoirnation relating to the specific, case and being otherwise duly advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED that:
I . This Magistrate 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 Magistrate on June 19, 2013 on the Property located at 31 N. Congress Ave,,
Boynton Beach, Florida, with the legal description of:
29-45-43 PB7 P20 W 260 FT OF LT 2 & N 43.6 FT OF W 260 FT OF LT 3 (LESS W 60 FT SR 807 R/W & SR 804 R/W),
according to the plat thereof as recorded in Plat Book 2, Pages 217 through 220, of the Public Records of Palm Beach
County, Florida,
PCN: 08-43-45-29-02-000-0020 is REDUCED TO $4,634.12.
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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien
reduction.
. NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Ll day of
1 20�A
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
Y CLERK
copies furnished:
Honorable Mayor and the
City Attorney
City Clerk
Respondent
APR 0 2 20
CITY CLERKS oFFICE
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