14-116 IH2 Property LPPolice Department
"A CPA Accredited Lau) Enforcement Agency
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: f561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
Date: June 24, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #14-116
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 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)
ij 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.
o 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
SPECIAL MAGISTRATE HEARINGS
BOYNTON BEACH, FLORIDA MAY 20, 2015
January 20, 2015, revealed a broken gate. Another inspection on February 27, 2015,
showed palm trees needed to be trimmed and there were two unlicensed vehicles in the
front yard. The property passed inspection on April 3, 2015.
William Overfeldt, Construction Manager for IH2 Properties and Invitation Homes,
explained the only information he had were notes indicating they came into compliance
on March 25, 2015, regarding trimming the palm trees, bushes and removing debris,
ZTT4 C4 MOT
Based on the testimony of the City, Ms. Ellis reduced the $15,200 lien to $3,000 plus
$634.12 in administrative costs.
Case N, . 14-116 IH2 Property LP 40 E. Tara Lakes DrIvt
Ms, Springer presented the case. The Notice of Violation was January 28, 2014,
regarding permits for all changes made to the property, air conditioner, water heater,
light fixture change outs, bathrooms and mold remediation as stated in the Red Tag,
The case was heard on April 16, 2014, and no one appeared. The compliance date set
was April 26, 2014, or a fine of $50 a day would be imposed thereafter. The violations
were corrected on February 25, 2015, having 304 days of non-compliance and
administrative fees of $634.12.
Ms. Springer was contacted in February and a lien reduction inspection showed they
had to remove trash and debris, there were fencing pylons and an old table that had to
be removed. They had to cover the dryer vent, level the patio stones or remove them,
and repair or remove broken patio stones on the driveway and pay an outstanding water
bill. In May the violations still existed, and they found missing fence panels on the gate.
The property was re-inspected and the dryer vent violation still remained. The property
passed inspection on April 17, 2015.
William Overfeldt, Construction
property was purchased at auctic
general contractors, but had issu
contractor that pulled the needed
2015.
Manager, Invitation and IH2 Homes, explained the
n. They started work on it and went through a few
es with them pulling permits. They found a general
permits and the building was approved on February 6,
Given the testimony of both parties, Ms. Ellis reduced the $15,200 lien to $3,000 plus
$634.12 in administrative costs.
21
CI"T"Y OF BOYNTON BEACH
Petitioner,
Vs.
IH2 PROPERTY FLORIDA LP
Respondent's),
CASE NO. 14 -116
LIEN MODIF'ICATIOIV ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on May 20, 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 matter jurisdiction of this cause and jurisdiction over the Respondent,
1 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 16, 2014, on the Property located at 40 E TARA LAKES DR.
Boynton Beach, Florida, with the legal description of:
LAKES OF TARA UNIT 1 LT 40, according to the plat thereof as recorded in Plat Book 46 Page 102 and 103 of the public
Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 30 -16- 000 -0400 is REDUCED TO $3,634.12
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 Lieu Reduction Order shall be of no furtherr 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 day of
,2015,
i
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
CLERK - J
copies furnished: --
Honorable Mayor and the City
City Attorney
City Clerk
Respondent
FILED
AN 112
1