14-1984 The (C7P.It _of in tBefecr,D
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Police Department .
°A CFA Accredited Law Enforcement Agency I
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100 E. Boynton Beach Bouievani
Boynton Reach, norida 33425-0310
orta: (561) 742-6100 7 -4; 1
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Jeffrey Katz
/ Chief of Police
Code Compliance Division -----"
Phorze: (561) 742-6120
FAX: (561) 742-6838
LIEN , T EDUCTION TRANSItiiiTTAL MEIWORAHDUNI
Date: April 18, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #14-1984
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.
c.1 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 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".
, hereby request the City Manager's
Office to place the above referenced case on the net available City Commission
Agenda for review.
Signed on this date, the _ day of 20_
See ti rig Min utes
Code Special Wiegiotrate Heringe
Boynton Beech, Florida Rfiarch 1E, 2016
Apply for and pass inspection for
Business Tax Receipt for rental
property. Sod bare areas of lawn.
Ms. Springer presented the case. Notice of violation was sent on May 7, 2015. The
Code hearing was on July 15, 2015, and Christina Colone, property manager,
appeared. Compliance date and fine set was July 25, 2015, or $200 a day. Case came
into compliance on February 25, 2016; there were 214 days of non-compliance at $200
a day for a total Hen of $42,800 plus administrative fees of $634.12.
Ms. Springer said she was contacted in January of 2016 to confirm compliance and lien
reduction; inspection was done, and it was noted sod was needed in the front yard.
Property was not vacant, so the Business Tax Receipt was necessary, and they also
needed an interior inspection done. The inspection failed: there were missing screens
on the windows and the sliding door, and the electrical panel needed to be labeled.
The Business Tax Receipt was issued and it came for lien reduction on February 25,
2016.
Tracy Lautenschlager, attorney with Greenberg Traerhe representing the property
own.r, said this property was involved in a fraud case resulting in convictions. She
presented a press release regarding the case. The owner had no control over the
properties for some time due to an "imposter" company. The U.S. Attorney's office
instructed the owner to take no action against the fraudulent tenant for a period of time;
eventually he was evicted, and Ms. Lautenschlager presented the eviction papers. The
renovations were then completed; she believed they were done in January, and the
workers may have been mistaken for tenants. She presented current photos, evidence
of the value of the work performed, and a complete rental inspection including interior
pictures."
Decision
Based on the testimony and the evidence presented, Ms. Ellis reduced the lien to
$1 1 000 plus administrative costs of $634.12.
Case No. 14-1984 1112 Property Florida LP
Property Address: 3205 Chapel Hill Boulevard
Violation(s): CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on August 20, 2014. The
Code hearing was on October 15, 2014, and no one appeared. Compliance date and
fine set was October 25, 2014, or $500 a day. Case came into compliance on March
15
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10, 2016; there were 201 days of non-compiisnce at $500 a day for a total lien of
$250,500 plus administrative fees of $634.12.
Ms. Springer was contacted in May of 2015 for lien reduction inspection; they had to
reseal the driveway, pass the Business Tax Receipt inspection, and finalize permit for
water heater. She was contacted again in February, 2016, when the permit was
finalized; they needed inspection for the Business Tax Receipt. Inspection occurred on
March 1, 2016; the driveway still needed resealing, needed smoke detectors, needed
permit for newly installed air conditioning, needed weather-stripping on back door, and
removal of couch in rear, On March 10, 2016, everything passed for lien reduction.
William Overfelt, a construction manager for Imitation Homes (IH2 Properties), said they
walked the property with the Boynton Beach checklist after the violation was noted.
During the next few months, they experienced issues with the resident setting up
appointments. He explained the details of getting the water heater permit. He said that
IH2 Properties mismanaged the Business Tax Receipt process and apologized,
Decisiori
Based on the testimony, Ms. Ellis reduced the fine to $5,000 plus administrative costs of
$634.12.
V. NEW BUSINESS
Cases to be Heard - NOW
Case islo. 16.150 Boa* LLC
Property Address: 115 SE 6 Avenue
Type of Property: Single-family home, homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7
CO CH15 SECT 95-120 (D) INC
Apply for and pass inspection for
Business Tax Receipt and Certificate of
Use and Occupancy for rental property.
Officer Cain presented the case, which was a routine inspection. The initial inspection
date was January 14, 2016. The sod is complied; all that remains is the driveway. It is
a repeat violator. Initial notice was January 14, 2016, by written notice. Thirty days
were given to comply. Notice was posted on the property and City Hall on March 4,
2016, Date of last inspection was March 14, 2016. There is no health or safety hazard.
City recornmended 10 days for compliance or $500 a day. Ms. Ellis reviewed the facts
of the case.
16
CITY OF BOYNTON 3EAC FLORIDA
CITY OF BOYIs,ITON BEACH
Petitioner,
vs. CASE NO. 14-1984
IH2 PROPERTY FLORIDA LP
Respondent(s):
LIEN MODIFICATION Or, • ER
THIS CAUSE came before the City of Boynton Beach Code Compliance M: :istrate on the Respondent's
application for lien reduction on March 16, 201A, 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:
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 October IS., 2014 on the Property located at 3205 Chapel Hill Blvd.,
Boynton Beach, Florida, with the legal description of
CHAPEL FULL LT 22 BLK 11, according to the plat thereof as recorded in Plat Book 24, Page 111, of the Public Records of
Palm Beach County, Florida,
PCN: 08-43-46-05-01-011-0220 is RE ILUCED TO S5 634.12.
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 M. !istrate'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
2016.
72. Carol D. Ellis
• CODE COMPLIANCE MAGISTRATE
ATTEST:
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C. CLERK
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'copies furnished: R 2,010
Honorable Mayor and the City Commission
City Attorney
Clit CLERIC'S OFFICE
City Clerk
Respondent
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