11-2953 Adalgisa ScotuzziPolice 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
Date: March 10, 2015
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742=6838
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11-2953
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:
D 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.
u 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.
Lj 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 120
Meeting Minutes
Code Compliance Magistrate Hearings
Boynton Beach, Florida February 18, 2015
Officer Weixier recommended no fine. The violations were corrected.
Sidney Besse, the Property Manager, was present and advised all was addressed.
He requested no fine.
Ms. Ellis so ordered.
Case No. 11-2953 Adalgisa Scotuzz! 1690 Renaissance Commons
Blvd., No. 304
Diane Springer, Code Compliance Manager, reviewed the case pertained to needing
a permit for interior demolition of drywall and installation. The Notice of Violation was
sent October 24, 2011. The case was heard January 18, 2012. No one appeared. The
compliance date and fine set by the Board was March 1, 2012, or a fine of $100 a day
thereafter. Compliance was confirmed on July 2, 2014, accruing a total fine of $83,500
with administrative costs.
Ms. Springer explained the case was in compliance and ready for lien reduction when
they were first contacted. This case was a Chinese drywall issue.
Don DuPerault, owner of the property, explained he and his wife purchased the
property two months ago. It appeared the prior owner lived in Washington D,C, Most of
their correspondence was returned. He speculated they started their own renovation
without permits and the City halted the work. Due to the $100 a day fine, the owners
gave up and abandoned the property. Several years later, the drywall issue was
finished and a separate contractor rehabbed 300 units with permits. He understood the
fine imposed, but noted this case involved the prior owner and no amount of money
would have remedied the situation. The home was a foreclosure that was four years
behind in property taxes and Homeowner Association Assessments. He requested a
dramatic fee reduction.
Mr. DuPerault indicated they paid about $30,000 for the foreclosed unit. Back taxes
were about $13,000 and they paid in excess of the HOA fees, He advised the total they
paid was what the unit was appraised for. Mr. DuPerault advised he learned of the
case via the notices posted on the door. He went to City Hall, pulled records to learn
what was occurring. They did not want more liens or foreclosures and wanted to ensure
all would not worsen,
Based on the testimony of the City, Ms. Ellis reduced the lien to $2,500 plus
administrative fees of $826,18.
I
CITY OF BOYNTON BEACH
Petitioner,
vs.
ADALGISA SCOTUZZI
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 11-2953
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on February 18, 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:
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 January 18, 2012 on the Property located at 1690 Renaissance
Commons Blvd. ##1304, Boynton Beach, Florida, with the legal description of:
VILLA LAGO CONDOMINIUM UNIT 1304, according to the plat thereof as recorded in Plat Book 43, Page 139, of the
Public Records of Palm Beach County, Florida,
PCN: 08-43-45-17-18-000-1304 is REDUCED TO $3,326,18.
The City shall prepare a release and satisfaction consistent with this Order.
The release and satisfaction shall be recorded in the public records of Palin 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.
Vo D, NE ANIS ORDERED after hearing at City of Boynton Beach, Palin Beach County, Florida this ')f day of
, 2015.
a-�
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST;