15-310f
The CiW ofBounton Beach
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
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: July 27, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #15-310
In accordance with City Ordinance, Chapter 2, Article V, Sec. 2-90, the enclosed "Lien
Modification Order' is hereby forwarded to you for review. As required this Ordinance,
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".
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_.
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS.
FEDERAL NATIONAL MORTGAGE ASSOC.
Respondent(s).
CASE NO. 15-310
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 15, 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
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 JUNE 17, 2015 the Property located at 642 NW 5TH ST.,
Boynton Beach, Florida, with the legal description of:
RIDGEWOOD MANOR LT 16, according to the plat thereof as recorded in Plat Book 24, Page 175, of the Public Records of
Pahn Beach County, Florida,
PCN: 0843-45-21-13-000-0160 is REDUCED TO $ 4,230.15
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 -70'lday of
Jvt IV , 2016.
ATTEST:
T CLERK
pies fiunished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
JILL 2.5 2016
CITY CLERK'S OFFICE
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida June 15, 2016
Case No. 15-310 Federal National Mortgage Assoc.
Property Address: 642 NW 5 Street
Violation(s): Boynton Beach Amendments to the
Florida Building Code, 2010 edition,
105.1
Obtain building and electrical permits for
the conversion of two rooms as stated in
the red tag issued by the building
official.
Mr. Yannuzzi presented the case. Violation date was February 12, 2015. Magistrate
hearing and date was March 18, 2015, and Joe Sauter appeared on behalf of the
owner. The compliance date was March 28, 2015, or $150 a day. Date complied was
December 23, 2015. There were 269 days of non-compliance at $150 a day for a total
of $40,350.
There were 5 inspections for a total of $408.15 plus the affidavit filing cost of $250 for a
total administrative cost of $730.15. Three inspections were done for the lien reduction
request, which was initiated on April 5, 2016. There were two outstanding water bills
totaling $193.52 and property taxes due of $2,452.59, all of which have since been paid.
The first inspection had just been done on April 21, 2016, and violations were found. A
follow-up inspection on May 10, 2016, found some items complied, but new ones were
added. On May 17, 2016, all issues were complied.
Marckens Larose and Onias Derilus, owners, said they bought the property out of
foreclosure in September, 2015, and proceeded to pull permits for work. However, the
property was originally two bedrooms, and it had been converted illegally to four
bedrooms. The property is now vacant. Mr. Larose presented photos of the property.
He added they spent over $65,000 to put the property back into compliance, and it is
now under contract for sale.
Ms. Ellis reviewed the facts of the case.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $3,500 plus administrative costs of
$730.15, for a total of $4,230.15.
23