Loading...
12-1978% he Cituo Bo apt®n. Beach Police Department "A CFA Accredited Law Enforcement Agency X. 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: July 14, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1978 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) ❑ 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. ❑ The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 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 Decision Ms. Ellis certified the fine and advised Mr. Sauter of the lien reduction process. Case No. 14-1195 David & Mirth Saget Property Address: 322 SW 7th Avenue Violation(s): CO CH14 SEC 14-13 Remove oversized truck from the property. Officer Pierre presented the case. The Notice of Violation was May 19, 2014. The case was heard July 16, 2014, and the compliance date and fine set was July 16, 2014 or a fine of $100 thereafter. There was a Cease and Desist ordered and there were two occurrences. Ms. Ellis reviewed the history. She ordered the Cease and Desist Order in July 2014 with a $100 fine per occurrence plus administrative charges. No one appeared at the hearing. One violation occurred May 19, 2015, and the second violation occurred on June 12, 2015. David Saget, the owner, was present. Ms. Ellis had outlined the events and Mr. Saget asked what a Cease and Desist meant. Ms. Ellis explained the Cease and Desist Order and the matter has been ongoing since 2014. Officer Pierre explained Code Compliance takes a photograph, even after the truck is moved, because the truck returns. Mr. Saget explained the truck was gone two weeks. One violation was last year. He explained he travelled to Haiti after the earthquake to assist his handicapped children. He purchased a truck in May to send to Haiti and shortly thereafter, Code Compliance took pictures of the truck. Mr. Saget called Officer Cain and explained he moved the truck and would be sending it to Haiti. Ms. Ellis asked why he did not attend the hearing in July 2014 and Mr. Saget responded his mother had passed away. Ms. Ellis reviewed two photographs dated May 19, 2015, and June 1, 2015, showing the presence of a white oversized truck on the property. Ms. Ellis explained he was found in violation. Decision Ms. Ellis certified the fine. Case No. 12-1978 Forum Shoppes of Boynton LLC 140 N. Congress Palermo Bakery Avenue #4 M.- 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 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 12-1978 FORUM SITOPPF.S OF BOYNTON BEACH — PALERMO BAKERY 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 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 irilbrmation 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. 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 Januaiv 16, 2013 on the Property located at 140 N. Congress Ave. #4 Boynton Beach, Florida, with the legal description of. - 29 -45-43 f:29-45-43 PB7P20, S 754.99 FT OF N 1515.73 FT OF W 588.15 FT OF NW 1/4 (LESS S 140 FT OF N 200 FT OF W 285 FT, S 190 FT OF N 460 FT OF W 285 FT, S 200 FT OF W 260 FT, S 240.05 FT OF E 328.22 FT OF W 648.22 FT & W 60 FT SR 807 R/W), according to the plat thereof as recorded in Plat Book 7, Page 20, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-02-000-0042 is REDUCED TO $1,134.12. 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 tinder the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property owner docs 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, q� DONE AND ORDERED atter hearing at City of Boynton Beach, Palm Beach County, Florida this /' day of 2015. arol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CLERK -,9,p &,sly copies furnished: Honorable Mayo City Attorney City Clerk Respondent TO JUt �-� 2015 in C� 1rL�t��i'