13-1394 Pelican Estates, Inc031
Police Department
"A CPA Accredited Low 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: March 5, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-1394
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)
Lj 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�
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida January 21, 2015
Case No. 13-1394 Pelican Estates, Inc. 1340 Neptune Driv.-
Ms. Springer explained the Notice of Violation was sent on June 28, 2013, regarding a
Business Tax Receipt. The case was heard on October 26, 2013, and no one
appeared. The compliance date and fine set was October 26, 2013, or a fine of $200 a
day would be imposed thereafter The violations were corrected on October 22, 2014,
having 360 days of non-compliance and a total fine of $72,072, plus five inspections at
$730.15.
The property was a commercial property, She was first contacted in November and the
Respondent had to remove outside storage, wood on the northeast corner and parking
spaces, restripe the parking lot, trim the overgrowth, remove an inoperable truck in the
rear of the property, an unpermitted sign on the road front, place six-inch street
numbers on the building, paint over the old signage and replace the stop sign at both
entrances. The Respondent complied within a short period of time.
Andrew Marciniszin, representing Pelican Estates, Inc., explained they learned of
the liens in August 2014, Prior to that, the bookkeeper received the notice and went to
the City and paid the Business Tax Receipt in October. He thought he was correcting
the issue by making the payment. The bookkeeper became ill, and they finally received
the notices in August. They contacted the tenant and corrected the matter. He
requested the City reduce the lien.
Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of
$730.15.
Property Address:
Violation(s):
Sylvie Elfassaint — Jose Vargas,
Tenant
21 S. Atlantic Drive
CH1 5 ARTX SEC 15-121124
It is unlawful for any person who is
required to register as a sexual predator
or offender, under the laws of the State
to establish a permanent or temporary
residence within 2,500 feet of any
school, designated public school bus
stop, day care center, park, playground
or any other place where children
regularly congregate,
Officer Hart presented the case as contained in the Notice of Violation, The case was a
City department referral. The initial inspection date was November 14, 2014. Written
notice was sent November 14, 2014, giving 30 days to address the matter, Service was
IFI
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO, 13-1394
PELICAN ESTATES INC,
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 January 21, 2015, 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;
I, This Magistrate has subject natter 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 October 16,_201.3 on the Property located at 1340 Neptune Dr„
Boynton Leach, Florida, with the legal description of,
5-46-43, S 281.50 FT OF N 873 FT OF NW A OF SW V, (LESS W 1202.76 FT), according to the Public Records of Palm
Beach County, Florida,
PCN: 08-43-46-05-00-000-7024 is REDUCED TO $1,730.15_,
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 ofPalin 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.
n 1
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Leach County, Florida this day of
_,2015.
copies furnished.
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
FEB2014
CITY CLERKS OFFICE
Carol D, Ellis
CODE COMPLIANCE MAGISTRATE