10-540 - Joshua Properties IV, LLJ 'R
Police Department
"A CFA Accredited Law Enforcement Agency"
100 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
Date: May 21, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10-540
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 00107,
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.
Signed on this date, the day of 1 20_
Meeting Minutes
Code Compliance Hearings
Boynton Beach, FL April 16, 2014
lien reduction. The property could be in better shape, but there were no outstanding
violations.
Omar Salazar, Attorney, for the property owner, explained David Abotbool lives in
Massachusetts and he restored the abandoned property and rents it. The lien was
imposed on November 27, 2012, and the violations were corrected, The Property
Manager was present to answer questions and Attorney Salazar requested a reduction
of the lien,
Greg Jacobs, explained he worked for True Development who services the property.
He started the job about two months ago and he explained whoever worked for Mr.
Abotbool before did not do what they said they would. He commented they hauled
numerous loads of concrete, rocks, debris, old construction materials, and tires from the
property. He had the receipt from Waste Management. There was a large tree in the
front of the property that does not allow grass to grow, so they put down Chattahoochee
rock. He spoke with one of the Code Officers who recommended removing the weeds
from the rocks. He commented he would maintain the yard. The tenant there had chairs
out front, and he told them to remove them. He explained he would ensure the yard
was maintained
Based on the testimony from the City and the Respondent and his representative, Ms.
Ellis reduced the lien to $3,500 plus administrative costs of $634,12.
Case No. 10-540 Joshua Properties IV, LL 3313 Grove RoaV,
Ms. Springer presented the case. The Notice of Violation was sent on February 25,
2010, regarding repair or removal of the fence and a Business Tax Receipt needed for
rental property. The case was heard on April 21, 2010, and no one appeared, The
compliance date and fine set by the Board was May 6, 2010, or a fine of $50 a day
would be imposed thereafter. The violations were corrected on November 14, 2013,
having 1,287 of non-compliance, a fine of $64,350, and administrative costs of $634.12.
Ms. Springer was contacted in August 2013 about how to comply. The property was re-
inspected in September. The fence was repaired, but a Business Tax Receipt was
needed. Once the Business Tax Receipt was resolved, there were outstanding water
and property taxes that needed to be paid. She was again contacted in December to be
placed on the agenda for a lien reduction; however, an inspection revealed several
violations, which were to remove trash, debris and auto parts, repair the driveway
apron, sod bare spots and repair the hurricane shutters. The property was re -inspected
on February 24, 2014, and a vehicle without a tag had to be removed, which was
addressed immediately. The property became eligible on February 28, 2014, for the
lien reduction,
I
Meeting Minutes
Code Compliance Hearings
Boynton Beach, FL April 16, 2014
Jacqueline Chang for Hamilton Property Partners, the new owners was present.
The lien was on Joshua Properties. A title search showed the lien and they contacted
Ms. Springer. Ms Chang explained the property was purchased in a package in 2012.
Given the testimony by the City and the Respondent and Ms. Ellis noting for the record
the compliance date was November 14, 2013, Ms. Ellis reduced the lien to $3,500 plus
administrative fees of $634.12,
Case No. 13-40 Dalland Properties LP 233 NW Stn Court
Ms,. Springer presented the case. The Notice of Violation was sent on January 11,
2013, regarding a Business Tax Receipt for rental property and to repair the driveway.
The case was heard an February 20, 2013, and no one appeared. The compliance
date and fine set by the Board was March 2, 2013, or a fine of $1,000 per day would be
imposed thereafter. The violations were corrected on May 8, 2013, having 66 days of
non-compliance, a fine of $66,000 and administrative fees of $634.12.
Ms. Springer was contacted in January for a lien reduction inspection, and the officer
found bushes near the air conditioning compressor needed to be trimmed, trash and
debris needed to be removed and a doorknob needed to be installed on the west side of
the dwelling. Additionally, water bills close to $2,500 needed to be paid. The property
was re -inspected on February 28, 2014, and was eligible for lien reduction.
Bernadine Jones, for Dalland Properties, was hired in January to bring 80 of
Da[land's properties in Palm Beach County into compliance. They did have a
preservation team that did not do what they were supposed to do. She got a new team
together and requested the lien reduction. She would ensure the properties would be
maintained. Dalland purchased too many properties all at once and thought they had
the right management team, but they did not. They were backtracking to bring all the
properties into compliance. She explained Dalland purchased the properties in 2012.
Based on the testimony by the City and the Respondent's representative, Ms. Ellis
reduced the lien to $2,500 plus administrative costs of $634.12.
Case No. 13-1923 Dalland Properties LP 233 NW 5th Court
Ms, Springer presented the case. The Notice of Violation was sent August 27, 2013,
regarding repairs to the plumbing system, cleaning all unsanitary conditions due to
plumbing issues, repairing the flooring, walls, baseboard, etc. damaged by water and
sewage, and the house could not be occupied until it passed inspection. The case was
heard November 16, 2013, and no one appeared. The compliance date and fine set by
M
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
Vs, CASE NO, 10-540
JOSHUA PROPERTIES IV LLC
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on April 16, 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 information relating to the specific case and being otherwise duly advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED that:
1, 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 April 21, 2010 on the Property located at 3313 13 Grove RL Boynton
Beach, Florida, with the legal description of:
RIDGE GROVE ESTATES S Y2 OF LT 19, according to the plat thereof as recorded in Plat Book 30, Page 100, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-09-18-000-0191 is REDUCED TO $4,134.12.
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.
& 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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this �Tl� day of
20
4/v
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C'-a—r—Wl D, Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
r
Cr , I CLERIC.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent 1=1LED