11-3421The Citu ofBoynton Beach
Police Department
A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33 42 5-03 10
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: July 14, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11-3421
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)
o 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".
I, , 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 June 17, 2015
Ms. Springer presented the case. The Notice of Violation was sent on October 5, 2012,
to obtain a permit for the walk in cooler and freezers, added display cases and the wall
between the kitchen and sales area. A Business Tax Receipt was required. The case
was heard on January 16, 2013, and no one appeared. The compliance date and fine
set was March 17, 2013, or a fine of $150 a day would be imposed thereafter. The
violations were corrected on May 14, 2013, having 57 days of non-compliance and a
fine of $8,550, plus administrative costs of $634.12. Ms. Springer commented the
Business Tax Receipt could not be issued while the permits were open.
The case originated from a red tag from the Building Department. The contractor had
revised the floor plan and the work listed on the permits was different from the work that
was done. All the permits were Issued, but two portions of the permit were pending.
The Respondent had paperwork showing they did issue sections of the permits, which
looked like the permits were open and pending when they were not.
The Respondent, Ms. Orlando, had attended the fine certification hearing and
misunderstood. The Forum Shoppes had contacted Ms. Springer and she explained
the lien was under Palermo Bakery and then the owner contacted her. The owner was
unaware the fine had been certified.
Anna Orlando, owner of Palermo Bakery, conveyed Ms. Springer's comments were
correct.
Decision
Based on the testimony, Ms. Ellis reduced the lien from $8,550 to $500 plus
administrative expenses of $634.12 for a total amount of $1,134.12.
Case No. 11-3421 David & Nataliya Giordano 2315 N. Congress Ave. #31
Ms. Springer presented the case. The Notice of Violation was sent on December 19,
2011, for violations pertaining to a Business Tax Receipt for a rental property. The case
was heard on March 21, 2012, and no one appeared. The compliance date and fine
was April 4, 2012, or a fine of $100 a day would be imposed thereafter. The violations
were corrected on December 22, 2014, having 990 days of non-compliance and a fine
of $99,000 plus administrative fees of $634.12.
Ms. Springer was first contacted by Mr. Giordano in April 2014 when he learned of the
lien on the property. He thought once application was made and the Business Tax
Receipt paid for in March 2012 that he was issued the permit. He never called for an
inspection. Ms. Springer advised he should reapply for the Business Tax Receipt since
it lapsed for two years. Mr. Giordano did so, called for an inspection and had to pay for
the 2012, 2013, 2014, and 2015 Business Tax Receipts, He failed the first inspection
on November 3, 2014, and then passed on December 22, 2014.
17
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida June 17, 2015
David Giordano, property owner, explained he lives in New Jersey, and learned of the
case through a friend that came down to check on the home and the notice was taped
to the door. He mailed a check and the application for the Business Tax Receipt in
2012, and never heard anything. He called Officer Cain and left information to forward
all correspondence to the New Jersey address, and he heard nothing for a year until he
attempted to sell the property. A lien search found the lien on the property. The property
has been for sale and has been vacant for a year. He did not have a contract on the
property.
Ms. Springer explained the application signed in 2012 and 2014 highlighted one must
call to schedule an inspection for rental property after the application is submitted.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $2,500, plus administrative fees of
$634.12. The current lien was $99,000.
Mr. Giordano objected and commented the lien could have been zero had Officer Cain
responded to him and sent the mail to his address. He advised he addressed the issue
immediately. Ms. Ellis responded he had not and the instructions to call for an
inspection were very clear.
Case No. 14-2414 Lansdowne Mortgage LLC 103 SE 21St Avenue
Ms. Springer presented the case. The Notice of Violation was sent on October 24, 2014
to register and maintain a foreclosed property per City Code. Repairs were needed to
the fence at the front of the property and screen. The case was heard December 17,
2014, and no one appeared. The compliance date and fine was to correct the violations
by December 27, 2014, or a fine of $100 a day would be imposed thereafter. The
violations remained outstanding for 61 days accruing a fine of $6,100 plus
administrative fees of $634.12.
Ms. Springer was contacted in February for a lien reduction inspection and she advised
the case was not in compliance. They brought it into compliance on February 27, but
they also conducted the lien reduction inspection which revealed the Respondent had to
replace missing window screens, secure the property, obtain a permit for a water
heater, replace both missing air conditioners, obtain a permit for a screen enclosure,
utility room, sod bare areas in the front yard, repair soffit screens, a wood fence, broken
planks on the front of the fence and repaint the fence. There were also outstanding
property taxes and a water bill of over $2,000 that had to be paid. The property was re-
inspected on April 6, 2015, and some violations remained. Another inspection a month
later revealed all was corrected.
Dale Disham, Landsdowne Mortgage, explained they took possession of the home
through a foreclosure. They got a contractor and improved the property and put the
EE
CITY OF BOYNTON BEACH
Petitioner,
vs.
DAVID & NATALIYA GIORDANO
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 11-3421
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on June 17, 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 duty 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 March 21, 2012 on the Property located at 2315 N. Congress Ave.
#, 31, Boynton Beach, Florida, with the legal description of.
BOYNTON LANDINGS CONDOMINIUM UNIT 31 BLDG 2315, according to the plat thereof as recorded in Plat Boole
54, Page 91, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-18-22-007-0310 is REDUCED TO $3,134.12.
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 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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm
2015.
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
Beach County, Florida this �' day of
ATTEST:
oY CLERK �- Q�
es furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent R L
JUL 13 2015
CITY CLERK'S OFFICE
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