12-672Date:
To:
From:
RE:
Police De a ment
A CPA 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: (56I) 74.2-6120
FAX (561) 742-6838
February 12, 2016
City Commission
Code Compliance Division
Code Compliance Case 9-12-672
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)
® Said review must occur within thirty (30) days of the request for review.
o 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 Special Magistrate Hearings
Boyntoln Beach, Florida January 20, 2016
property was not under their control In 2009. Mr. Stevens explained his paperwork to
the Court. He said the buyer is purchasing the property from a liquidation agent. Realty
Acquisitions still has the title, but it is under the jurisdiction of the SEC. He also
attached a copy of the contract with PAP LLC. The municipal lien was paid as a
condition for this hearing. He also presented a current photo of property. The funds
from the sale will go, back to the investors as part of the reimbursement of their losses
from the fraud:
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $1,700 plus administrative costs of $634.12 reduced to the administrative costs
of $634.12.
Case No. 15@516 Realty Acquisitions and Trust
Property Address: 2319 S Federal Highway
Violation(s): CO CH15 SECT 15 -120 D INC
Mow and trim overgrown lot.
Ms. Springer presented the case, noting there are two cases for this property. Notice of
violation was sent on March 11, 2015. The Code hearing was on May 20, 2015, and no
one appeared. Compliance date and fine set was May 30, 2015 or $200 a day, Case
came into compliance on January 4, 2016; there were 216 days of non-compliance at
$200 a day fora total fine of $43,600 plus administrative costs of $634.12.
Les Stevens, attorney on behalf of the Securities and Exchange Commission, the
title agent and the buyer, stated he has conflict letters, and he repeated everything
said for the previous case. This case came about after the property was seized and
before there was a liquidation agent put Into place by the Federal judge. He said that
the liquidating agent was present. He asked for reduction due to the extenuating
circumstances. Ms. Ellis reviewed the facts of the case.
Based on the testimony of the City and of the Respondent, Ms, Ellis ordered the current
lien of $43,600 plus administrative costs of $634.12 reduced to $3,000 plus the
administrative costs of $634.12.
Case No. 12-672 Harold Mart and Ciera Hart
Property Address: 714 NW 7 Street
Violation(s): Boynton Beach Amendments to Florida
Building Code 07 Edition, 105.1
19
Meeting Minutes
Code Special Magistrate Hearings
Boynton dJanuary 0 2016
Obtain a permit for rear sliders that were
replaced with double doors.
Ms. Springer presented the case, noting there are two cases for this property under two
different names, Notice of violation was sent on April 19, 2012. The Code hearing was
on June 20, 2012, and no one appeared. Compliance date and fine set was June 30,
2012 or $250 a day. Case came into compliance on October 21, 2014; there were 642
days of non-compliance at $250 a day for a total fine of $210,500 plus administrative
costs of $634.12. The property is satisfactory for lien reduction.
Ms. Springer advised that the former property owners were cited, and a lien placed on
the property. Mr. Tobin bought the property in 2012 directly from the Harts and was not
aware of the lien (the title company did not see the lien). Ms. Ellis reviewed the facts of
the case.
Scott Tobin, stated they were not aware of any liens when they purchased the
property. They have worked diligently with Code Enforcement getting everything
rectified as quickly as possible and hiring licensed contractors. He said they purchased
the property for approximately $100,000 and have put about $50,000 into it including a
new well, driveway, electrical, sprinkler system, sod, smoke detectors, hurricane
windows, etc.
Ms. Ellis asked Mr. Tobin what the title company said, and he replied that he had not
contacted them yet.
Ms. Springer did not have any current photos.
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $210,500 plus administrative costs of $634.12 reduced to $1,000 plus the
administrative costs of $634.12.
Case No. 13-260
Property Address;
Violation(s):
c
Craig Tobin
714 NW 7 Street
Boynton Beach Amendments of the
Florida Building Code 2010 Edition,
105.1
CO CH13 SECT 13-16
Renew permit to'replace windows that
has expired with no approved
inspections. Obtain permit for garage
enclosure. Obtain Business Tax
Receipt for rental property.
Va. -1114Z Z-11:21AW11111 I " 41110"114)a,11111740
CASE NO. 12-672
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on M 20.2016. 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
aniount and all pertinent information relating to the specific case.and being otherviise 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 Ordhissices.
3. The Hen imposed by the Magistrate on age _L0,_2012 on the Property located at 714 Nw. 7th Sit Boynton
Beach, Florida, with the legal deacription of.
LAUREL HILLS 3PD ADD LIT 125 & N Y, OF LOT 126, according to the plat thereof as recorded in Plat Book 23 Page 126,
of the Public Records of Palm Beach County, Florida,
PCN: 084345-20-M-000-1250 is RADUCED 1 $1,634,12
4. The City shall prepare a release and satisfaction consistent vAth 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 find until the lima 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 Commi2sion, 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 fluther action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien
reduction.
I
DONE AND ORDERED after hearing at City of Boynton Beach, Palm, Beach County, Florida this,&;f?,z9Y of
20ilJ.
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CODE COMPLIANCE MACISTE
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City Attorney
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