14-2546ki
Police Department -= '
y,r aACFA Accredited Law EnforcementAgency
I00 E. Boynton Beach Boulevard
Boynton Beach, FYorlda 33425-0310 -
�,.' Phone: (561) 742-6100
�' Jeffrey Katz
;�...;
Chief of Ponce �
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-5838
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Date: February 12, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #14-2546
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:
u 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.
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,
c3 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
Boynton Beach, Florida January 20, 2016
Mildred Jeanne Cook, said she had no idea of the problem when she purchased the
property in 2012. The work had been done in 2009, and it was reported to her in 2015.
She requested that the lien be removed.
Decision
Based on the testimony, Ms. Ellis ordered that the $6200 lien plus the administrative
costs of $730.15 be reduced to just the administrative costs of $730.15.
Case No. 14-1003 IH3 Property Florida LP
Property Address: 12 Redwood Court
Violation(s): CO CH13 SECT 13-11
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on April 25, 2014. The
Code hearing was on June 18, 2014, and Michael Garrett appeared. Compliance date
and fine set was July 3, 2014 or $100 a day. Case came into compliance on November
10, 2015; there were 494 days of non-compliance at $100 a day for a total fine of
$49,400 with four inspections plus administrative costs of $634.12. An additional three
lien reduction inspections were done on the property. There was an outstanding water
bill that had to be paid and in order to comply the case, the Business Tax inspection had
to be done and they had to pay for the 2016 Business Tax Receipt. They were then
ready for lien reduction.
William Overfelt, Imitation Homes aka IH3 Properties, was sworn in by Ms. Ellis. He
said the property manager and Michael Garrett are no longer with the company, and the
paperwork got lost. He said they paid the Business Tax Receipt in June, having
received the violation in May. The lien was recorded in September 2014, and they
finally passed the Business Tax Receipt inspection in November, 2014. Mr. Overfelt
said he has a $785 invoice for landscaping that was approved (sprinkler system), and
he showed the invoice.
Based on the testimony given by both the City and the respondent, Ms. Ellis ordered
that the current lien of $49,400 plus the administrative costs of $634.12 be reduced to
$4,500 plus the administrative costs of $634.12.
Case No. 14-2546
Property Address:
Violation(s):
16
NHO Real Estate USA LLC
94. Magnolia Circle
CO CH13 SECT 13-16
Meeting minutes
Code Special Magistrate Hearings
Boynton Beach, Florida January 20, 2016
CO CH15 SECT 15-120 ® INC
Apply for and pass inspection for
Business Tax Receipt for rental
property. Remove washer and dryer
from the driveway.
Ms. Springer presented the case. Notice of violation was sent on November 12, 2014.
The Code hearing was on January 21, 2015, and no one appeared. Compliance date
and fine set was January 31, 2015 or $100 a day. Case came into compliance on June
13, 2015; there were 132 days of non-compliance at $100 a day for a total fine of
$13,200' plus administrative costs of $634.12. There were a total of four lien reduction
inspections. The City was contacted in June of 2015 for lien reduction inspection. They
had to obtain a permit for the newly installed windows and remove a tree trunk from the
yard. The City was contacted again In October of 2015; the permit was pulled and final,
but the tree trunk stili existed. The next inspection was requested in November, 2015.
It was re -inspected on November 23, 2015, and the property needed to be mowed. It is
now satisfactory for lien reduction.
Barbara Moskowitz (Fields), a property Manager for NHO Real Estate USA LLC,
stated that the tenant would not allow access to the property and would not comply with
anything. They tried to get everything done, and did not know about the washer and
dryer until the violation was received. At that point, she called the tenant, he left and
they removed the washer and dryer. She said problems continued, with the tenant
breaking a window at one point. They have had a new tenant since September, and
she is cooperative.
Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current
lien of $13,200 plus administrative costs of $634.12 be reduced to $1,500 plus
administrative costs of $634.12.
Case No. 12-1448 Citibank ISA
Property Address: 653 SW 1 Court
Violation(s): CO CH10 SECT 10-51.5 INC
Remove bees around electric meter.
Remove inoperable vehicle and outside
storage. Mow, weed, and trim all
overgrowth. Replace missing jalousie
windows.
Ms. Springer presented the case. Notice of violation was sent on August 1, 2012. The
Code hearing was on September 19, 2012, and no one appeared. Compliance date
and fine.set was September 29, 2012, or $250 a day. Case came into compliance on
17
CITY OF BOYNTON B1EAC$ FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 14-2546
NHO REAL ESTATE USA LLC
Respondent(s).
LIEN MO DMCATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on Lartunry 20, 201ba 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
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 Januar® 21, 2015 on the Property located at 94 Mapnolia
Boynton Beach, Florida, with the legal description of:
LAKES OF TARA UNIT 2 LT 94, according to the plat thereof as recorded in Plat Book 52 Pages 84 and 85, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-30-20-000-0940 is REDUCED TO $2.134.12
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
.%penes.
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,t7ND ORDERED slier hearing at City of Boynton Beach Palm Beach County, Florida this day of
2016.
v� Carol D. Ellis
-r CODE COMPLIANCE MAGISTRATE
ATTEST:
/,C, ITY CLERIC.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
F I D
FEB C 5 2016
CITY CLERK'S OFFICE