13-615 12312 Wilkins Avenue LLC'10 j�11111111:
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
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date-, October 19, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-615
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:
❑ 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)
ci Said review must occur within thirty (30) days of the request for review.
D 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.
ci 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 Special Magistrate Hearings
Boynton Beach, Florida August 19, 2015
Mr, Ballore advised he had a hardship. He was selling the property and not making any
money off of it. Ms. Ellis explained there is another case and it is a repetitive issue. It
was just the Business Tax Receipt, but it was always in compliance.
Case No. 09893 Prime Property of the Palm Beaches 409 NE loth Avenue
Ms. Springer presented the case. The Notice of Violation was sent on March 30, 2009
regarding a Business Tax Receipt for a rental property. The case was heard May 20,
2009, and no one appeared. The compliance date was May 30, 2009, or a fine of $150
a day thereafter. The violations were corrected on October 27, 2009 accruing a fine of
$22,350 plus administrative fees, Ms. Springer was contacted in July for a lien
reduction inspection and the Respondent needed to sod the yard, repair the fence,
remove tires and vehicles, obtain a Business Tax Receipt as it had lapsed and pay
outstanding water bills.
Decision
Ms. Ellis reduced the fine to administrative costs of $634,12.
Case No. 13-615 12312 Wilkins Avenue LLC 1340 Piazza Pitti
Ms. Springer presented the case. The Notice of Violation was sent April 2, 2013,
regarding obtaining a Business Tax Receipt for rental property, The case was heard
June 19, 2013, and no one appeared. The compliance date and fine set was June 29,
2013 or a fine of $200 a day would be imposed thereafter. The violations were
corrected on October 25, 2013, accruing a fine of $23,400 plus administrative costs,
Ms. Springer was contacted in August and all was done.
Brian Shutt, Esq., on behalf of the property owner, explained this was an
administrative oversight on behalf of his client. All violations were in compliance. There
was no impact on the neighbors or neighborhood. They have another item on the
agenda and the townhouse was up the street, in the same townhouse complex with the
same issue. They dealt with a leasing company to rent the property. Emails to the
client and the leasing company showed they were trying to schedule an inspection and
there were issues gaining access due to the tenant. Attorney Shutt's client was
working in New Jersey remediating the effects of Hurricane Sandy. When they
returned, they addressed the issue in October. They became aware of the lien when
they attempted to sell one of the units. With the lien, they would be upside down. The
deal was falling through and Attorney Shutt requested a reduction to zero as it had no
impact on the community,
Decision
Given the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative fees
25
CITY OF BOYNTON BEACH
Petitioner,
vs
12312 WIL KINS AVENUE LLC
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO, 13-615
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on August 19, 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 ot'Ordinances.
3. The lien imposed by the Magistrate on ,lune 1.9, 2013 on the Property located at 1.340 Piazza Pitti. Boynton
Beach, Florida, with the legal description of:
RENAISSANCE COMMONS PUD LT 220, according, to the plat thereof as recorded in flat Book 102, Pages 57 through 62
hlCh[sive, of°the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-20-27-000-2200 is REDUCED TO $1,634.12.
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 Palet Beach County at the Respondent's
expense.
6. This Order is not final until the tirnc 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.
('r)
D E AND ORDERED
� , 2015.
'-,� r , -
ATTEST:
C°
after hearing at City of Boynton Beach, Palet Beach. County, Florida this qday of
FY CL1r'IZ}<
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
SEP C 10 11)
. 1
CT's CLERK'S OFFICE
Carol D. Ellis
CODE COMPLIANCE; MAGISTRATE