09-1946�J
Police Department
`A CFA 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: (561) 742-6120
PAX; (56I) 742-6838
LIEN REDUCTION TRANSIVn7AL MEMORANDUM
Date: March 14, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #09-1946
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.
e 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.
Li 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 _�. , 20T
Meeting Minutes
Code Special Magistrate clearings
Boynton Beach, Florida February 17, 2016
a call on October 12, 2015, about a loose emaciated dog. The respondent said the dog
had run off. Ms. Roehrich received another complaint on December 30, 2015, ' with a
loose German Shepherd. She spoke to several juveniles at the residence, who said
they were temporarily watching the dog. The last date of Inspection was December 30,
2015, and she' does not believe there are any dogs currently at the property. - She
recommended a Cease and Desist order with a $250 per occurrence. Ms. Roehrich
stated that was based on the past history of dogs coming and going and not in
accordance with law.
Anicea Harrison, owner of the property, said the German Shepherd was not theirs,
and she does not have any animals now. She told her daughter that she cannot have
animals in the house any more.
Ms. Roehrich was confident that the Cease and Desist action would be successful. Her
intent is that Ashley cannot bring animals there unless they are perfectly legal and
permitted by her parents. She will speak to the daughter after the hearing.
Ms. Ellis issued a Cease and Desist effective immediately, and $250 per occurrence.
V11. OLD BUSINESS
E. Lien Reductions -- Tabled
Case -Io. 09-1946 Bayfront Townhornes — Crest
Management Co.
Property Address: 450 Bayfront Drive
Violation(s):. CO CH9 SECT 9-22 (C)
Non-payment of annual fire Inspection
fee.
Ms. Springer presented the case. The notice of violation date was June 22, 2009. The
Magistrate hearing was August 19, 2009, and no one appeared. The compliance date
was set at August 29, 2009. The fine proposed was $100 a day. The property
complied on September 9, 2015, for 2,216 days of non-compliance at $100 a day for a
fine of $221,600 plus administrative fees of $346.03. Ms. Springer said they went to the
property to do lien inspection; it is a large property and they had to restripe the parking
lot, repair the cracks in the rear building, repair electrical lights at the front entry, remove
unlicensed, inoperable vehicles and sod bare spots on the property. The first inspection
was in October. It was re -inspected in January and was satisfactory for lien reduction at
that time.
13
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida February 17, 2011
Gerard Collins, Esq., attorney representing the Bayfront Baynton Beach
Townhorhes. Mr. Collins also had Tom Fazio (Board President) and Ellen Rubin
(Property Manager for the Association) with him. Mr. Collins said the property is a 48 -
unit condominium, and was under the control of a developer who built the property at
the time of inspection. He said several notices/invoices were sent to the wrong address
— 450 Bayfront Drive - the clubhouse, which does not have a mailbox. He presented
copies to the Magistrate.
Ms. Ellis asked how the matter became known to him. Mr. Collins replied the current
Board of Directors discovered the matter through a prospective purchaser who reported
a lien on the unit he wanted to buy. The Association then paid the initial violation, and
when the City came out, they found several items that needed fixing. Those items were
remediated quickly. Mr. Collins elaborated that the lien covers the property that is
owned by the Association; 22 units have paid to get a partial release from the lien. The
City has received from those fees approximately $5,500 on a $150 outstanding amount,
Ms. Springer clarified that at the time of citation, Crest Management was managing the
property. All letters send to Crest Management had signed green cards returned. The
partial releases are not deducted from the lien; they are a service to the buyers/sellers
to allow the sale to go through without affecting the lien. She said the $5,500 helps
cover the administrative costs involved and has. nothing to do with the amount of the
lien.
Mr. Collins stated that the current state of affairs is not the fault of the current Board of
Directors, who took immediate steps to remedy the situation as soon as they became
aware of it.
Ms. Springer clarified that the lien is against Bayfront Townhomes, and Crest
Management, not Southern Homes, who was the developer.
Based 'on the testimony of both sides, .Ms. Ellis reduced the lien of $221,600 to $2,500
plus the administrative costs of $346.03.
Case No. 09-2396 Bayfront Townhomes — Crest
Management Co.
Property Address: 450 Bayfront Drive
Violation(s): CO CH10 SECT 10-60 (A) and (D)
Have all fire extinguishers,. fire sprinkler
systems, and fire alarm systems in
proper working order,
14
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 09-1946
BAYFRONT TOWNHOMES — CREST MANAGEMENT CO.
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 January 20, 201!& 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 August 19, 2009 on the Property located at 450 Bayfront Dr., Boynton
Beach, Florida, with the legal description of:.
LOTS 56 & 57 AMENDED PLAT OF TRADEWINDS ESTATES, according to the plat thereof as recorded in Plat Book 21,
Page 73, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-46-04-33-000-0000 is REDUCED TO $2,546.03
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 Beach County, Florida this day of
�f' S 2016.
ATTEST:
j
LiTY CLERK
/.`copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
NAR a 2016
CITY CLERK'S OFFICE