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13-82 - 762 Rider RoadPolice 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 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 22, 2015 To: City Commission From Code Compliance Division RE: Code Compliance Case #13-82 In accordance with Ordinance number 001 -07, the enclosed "Final Lion 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. Signed on this date, the day of , 20_. Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 they already hired a contractor to address the outside issues that do not need permits. The wood around the roof was fixed and they were now applying for permits to resolve the remaining violations, The property was vacant. The former property manager gave an estimate of $1,800 for the new permits. The funds were sent and nothing was done, A Business Tax Receipt application was filed, but he learned that if the other violations were not addressed, the Business Tax Receipt application would not be approved. The new owner applied for the Business Tax Receipt, removed the trash and debris, they repaired the roof, and only need the permit for the electrical panel, fix the damaged walls, rear, and front doors, and bring the sanitary system up to Code. Ms. Ellis noted it was an unsanitary property and she appreciated Mr. Bess's efforts to remedy the violations. Decision Due to public health and safety, Ms. Ellis ordered a seven-day compliance date of November 26, 2014, If not complied by then, a $200 a day fine would be imposed thereafter, Mr. Bess commented they could do the plumbing in seven days, but the permits and fixing the doors would take longer, Ms. Ellis explained the seven days was just for the plumbing. She noted the issue would come back to the Board in a month. Case No. 13-82 Daniel P. Navillo 762 Rider RoaM Diane Springer, Code Compliance Coordinator, presented the case. The Notice of Violation was sent on January 17, 2013, to secure permits for work on both units, including electrical, mechanical, structural, broken windows, the pool and dock. The case was heard May 20, 2014. Patty Navilio appeared. The compliance date and fine set was May 4, 2013, or a fine of $500 a day would be imposed thereafter. The case complied on June 16, 2014, having 407 days of non-compliance and accruing a fine of $203,500 and the administrative costs. The case started as a complaint about a bed and breakfast being operated in a residential zone. Code Compliance discovered there were several building violations and the Chief Building Inspector performed an inspection and the premises were placarded on March 14, 2013 as unsafe and barring occupancy. Permits were pulled in August 2013, and additional permits were issued in June 2014. The case complied on June 16, 2014, and permits for all Code sections were pulled. When the request for lien reduction was received in July 2014, the inspection showed violations such as. open electrical that needed to be repaired, a washed-out area by the pool had to be repaired, the south parking needed to be rocked and paved, another washed out area by the base of the house needed to be filled, the driveway needed to be repaired on the west side, and the Applicant needed to pressure clean the decks, 7 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 roof and exterior walls. Taxes in the amount of $7,000 and a water bill of about $3,500 had to be paid, Ms. Ellis received confirmation they complied in June, but it took a few months for Ms. Navilio to be eligible for lion reduction because other violations were found. Staff researched when permits were pulled and three parts were issued on June 16, 2014. Only one part was issued when Ms. Navilio thought it was. Patty Navilio, on behalf of Daniel Navilio, advised her brother was no longer the owner the property. She gave paperwork to Ms. Springer regarding Thomas Papoutsis, the new owner she was representing. Ms. Navilio came before the Board when the building was placarded in March 2013. She was not fined, but was given time to get the permits. They were asked to vacate the house which they did. While working with the City, Ms. Navilio did not know a notice was sent to attend a meeting in May, They were not receiving mail because it was being returned because the house was vacant. She thought all departments were communicating with one another. Ms. Navilio contended the requirement says to get the permit, not complete the work. The permit was issued for all the subcontractors, but Ms. Navilio did not submit the Notice of Commencement to close the permit until months later. She contended she complied when she got the permit on August 29, 2013. The new owner was Thomas Papoutsis. Ms, Navilio stepped in on behalf of her brother so he and the investor would not lose the property. There were ongoing foreclosure proceedings, so the investor purchased the property at the end of September 2013. Ms. Ellis inquired why the new owner did not attend the hearing. Ms. Navilio explained he has five children. Ms. Springer explained the permit has one permit number and four elements have to be satisfied. This is broken down in the Building Department because four different trades have to apply for the permit. The first part of the permit was a building which addressed the structural issues. There were still mechanical, plumbing and electrical that had to be pulled to satisfy the violations on the property. Those permits were not issued until June 16, 2014. Compliance with one section of the permit does not constitute compliance for all the issues. The Building Department advised the entire permit had to be issued, The plans had a stamp of approval for all of the components; it was not issued until June 2014. Ms. Navilio explained that was the gray area with closing out the permit, Ms. Springer explained the issue was not closing the permit; it was the issuance of the permit. Ms. Springer pointed out the Navilio's had not been in attendance for all the meetings, but her brother attended the meeting in May when the fine was imposed. '911 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 Ms. Ellis explained the current request is to reduce the lien. if eligible, she could reduce the lien. The lien was set for $203,500 based on 407 days of non-compliance at $500 a day. Based on the testimony, Ms. Ellis reduced the lien from $203,500 to $20,000. It was clarified the violations were being treated as two separate cases and the fine was in addition to the administrative costs of $634.12. Case No. 13-8,3 Daniel P. Navilio 764 Rider Road Ms. Springer explained the Notice of Violation was sent on January 17, 2013, for the same violations as in the prior case. The case was heard on March 20, 2013, and Patty Navilio appeared. The compliance date and fine was set for May 4, 2014 or a fine of $500 would be imposed thereafter. The violations were corrected on June 16, 2014, having $203,500 in fines and administrative fees. Staff recommended imposing only administrative fees of $634.12 for the second case. Ms. Ellis approved the staff recommendation of a fine of $634,12. Case No. 11-2388 Frandieu Nazaire 607 S. Seacrest Boulevard Ms. Springer explained the Notice of Violation was sent on August 30, 2011, regarding a permit for the carport enclosure. The case was heard on November 16, 2011, and Frandieu Nazaire appeared, The compliance date and fine set was January 16, 2012, and the violations were corrected on August 28, 2013, accruing a fine of $59,000 and administrative fees of $730.15. Ms. Springer was contacted in September for the lien reduction. There was a long list, of repairs to be made, which Ms. Springer reviewed. In September, the property was re-inspected and a few items were outstanding. A lien reduction inspection on October 10 revealed the property was eligible. The case was heard last month and the matter was tabled to allow Mr, Nazaire time to provide information on the sale of the property. Frandieu Nazaire provided receipts on how much he spent to improve the property. He commented all was in compliance and he provided an invoice for $54,000. He stated this home was a foreclosure property and the market value of the property was about $130,000, We CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. DANIEL P. NAYILIO Respondent's). CASE NO. 13 -82 LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on November 19 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances. The Magistrate having considered the application, all the ]acts regarding the specific code or codes the appealing party was in violation of, the elate 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: 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 March 20, 2013 on the Property located at 762 Rider Rd.. Boynton Beach, Florida, with the legal description of: LAKE VISTA UNIT 2 AS IN OR8099P1230, according, to the plat thereof'as recorded in Plat Book 33, Page 41 and 42, of the Public Records of Palm Reach Count) Florida, PCN: 08- 43- 45- 22 -28- 000 -0020 is REDUCED TO $20,634.12, 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 tinie period for appeal under the Code has elapsed and ii 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 Cornmission'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. DONP AND ORDERED after hearing at City of Boynton Beach, Palen Beach County, Florida this day of T 20 w- r— ATTEST: C Y CLFRK,. 9 ff' A/ Carol D. Ellis CODE COMPLIANCE; MAGISTRATE FILED copies furnished: Honorable Mayor and the City Commission rjEC 19 2014 City Attorney City Clerk CITY CLERK OFFICE Respondent