10-2797 - 7 Hoawthorne LanePolice Department
"A CFA Accredited Law Eqjbrcernent Agency"
100 E. Boynton Beach Boulevard
Boy n ton Beach, Florida 33425- 03 10
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: j561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: January 28, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10-2797
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:
o 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)
Li 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,
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
Code Special Magistrate Hearings
Boynton Beach, Florida December 16, 2015
. . .. ...... .
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on April 22, 2015, The
Code hearing was on June 17, 2015, and no one appeared, Compliance date and fine
set was June 27, 2015 or $100 a day. Case came into compliance on November 14,
2015; there were 129 days of non-compliance at $100 a day for a total fine of $12,900
plus administrative fees of $634.12. When they called for the lien reduction inspection,
the inspector went out and there was nothing that had to be done on the property.
Melissa Tom, Project Manager with Colony American Home, stated they are
seeking reduction. The home is in compliance, and they had residents in the home,
which goes through a different department. It has been a "revolving door" on the
property management side. She met with Pat Hart, and she said everything was in
great condition. They have invested over $38,000 into the property. They have already
submitted the application for the 2016 Business Tax Receipt and paid the fees.
Based on the presentation by the City and the respondent, Ms. Ellis reduced the
$12,900 lien to $1,500 plus administrative costs.
Case No. 10-2797 Bank of America
Property Address: 7 Hawthorne Lane
Violation(s): CO CH10 SECT 10-51.5 INC
Property in foreclosure must be
registered and maintained in
accordance with the Property
Maintenance Regulations as adopted by
the City of Boynton Beach.
Ms. Springer presented the case. Notice of violation was sent on September 21, 2010.
It came before the Code Board on November 17, 2010, and no one appeared.
Compliance date and fine set was November 27, 2010 or $150 a day. Case came into
compliance on April 18, 2011-1 141 days of non-compliance at $150 a day for a total fine
of $21,150 plus administrative costs of $538.09. This property had no violations on it. It
went for lien reduction inspection, but they did have to pay a municipal lien of $1,260.39
and an outstanding water bill of $49.74.
Brett Troskey, PBL One LLC, owners of the property, said it was a failure on Bank of
America's part to comply with Code, and had nothing to do with them. They bought the
house at auction and paid an outstanding water bill of $4,000 plus the $49.74
Meeting Minutes
•r- •- .• Hearings
Boynton Beach, Florida December 16, 2015
mentioned. They also paid the City twice for grass mowing. They are seeking a
reduction or dismissal of the fine.
Ms. Ellis stated that when purchasing a property at auction, the buyer takes it subject to
whatever is there on title. Mr. Troskey said that City staff confirmed the two mowings,
but said the balance was under $1,000. He said he purchased the property for
approximately $150,000, and the market value is in the range of $185,000 to $225,000.
FITMOM M-2
Based on the testimony, Ms. Ellis reduced the $21,150 lien to $2,000 plus
administrative costs of $538.09.
Mr. Troskey asked if they could reduce it further, and he was advised they could appeal
to the City Commission, but that is a long process and the Commission typically agrees
with the Magistrate's decision. Ms. Springer explained how the Magistrate arrives at the
reduction.
Case No. 06-1366 Liliang Yang & Xiu Juan Dong
Property Address: 240 N Congress Avenue
Violation(s): CO CH 15 ART 9-15-120 (D) 1 INC
Part 3 of the LDR, CH7.5 to SECT 5 (B)
CH21 ART I SECT 13
Return landscaping to what appears on
the original site plan. Repair sprinkler
system. Replace bushes, trees,
hedges, and grass and repair the sign.
Permit required.
Ms.Springer presented the case. Notice of violation was sent on June 1, 2006. It came
before the Code Board on August 16, 2006, and no one appeared. Compliance date
and fine set was September 15, 2006 or $50 a day. Case came into compliance on
November 2, 2015, with 3,334 days of non-compliance at $50 a day for a total fine of
$166,700 plus administrative costs of $922.21. There was nothing needed to be done
for lien reduction. Water bills and taxes are paid, and the property was in compliance.
Ms. Ellis reviewed the facts of the case.
Jesse, family member of the owner of the property, said he represented the family
since they do not speak English. He said they purchased the property in 2006, and
received a violation because of damaged landscaping. He said the violations were not
known to them, but to the neighbor. They did the work together. When they finished,
they called the City, and thought they were done. When they went to refinance the
property to get a lower interest rate, they became aware of the lien. Jesse said he still
im
CITY OF BOYNTON BEACH, FLORIDA.
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10-2797
BANK OF AMERICA
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on December 16, 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
arnount 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 nnet all the lien reduction procedures established by the City Code of Ordinances.
3. The lien imposed by the Magistrate on November 17, 2610 on the Property located at 7 Hawthorne Ln.,
Boynton Beach, Florida, with the legal description of
LOT 4 OF BLOCK 3 OF BOYNTON LAKES PLAT N0. 4 (P.U.D.), according to the plat thereof as recorded in Plat Book
49, Page 179, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-05-06-003-0040 is REDUCED TO $2,538.09.
The City shall prepare a release and satisfaction consistent with this Order.
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 Cit, 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.
D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ' day of
2015.
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST;
Y CLERK
copies furnished:
Honorable Mayor and the C
City Attorney
City Clerk
Respondent
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