10-2130 - Jeremy Levine
The City of Boynton Beach
Police Department
"A eTA Accredited Law BnforcemJInt AgencY
100 E. Boynton Beach Bouleuard
P.O. Box 310
Boyn.ton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immler, Chief of Pottee
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Code Compliance
Phone: (561) 742-6120
Fax; (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
July 5, 2011
To:
City Commission
From:
Code Compliance Division
RE:
Code Compliance Case #10-2130
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)
Q Said review must occur within thirty (30) days of the request for review.
Cl 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 v.,ith their review of the
"Uen 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
,2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
May 18,2011
30,2010 or $100 per day. They complied on January 5,2011 for a total of 66 days and
a fine of $6,600 plus administrative costs of $826.
Larry Finklesteln, 1501 Corporate Drive, Suite 240, Boynton Beach, was present for
Separate Property, LLC which is the current owner of the property. Peter Wolofsky was
a lender who foreclosed on several properties in this neighborhood and did not pay the
taxes so the properties had been sold on tax deed sales. This property in question was
not purchased on the tax deed sale, but one of the other parcels was purchased on a
tax deed sale and the foreclosure had taken care of those liens. Mr. Finklestein advised
they had complied on this lot before the property was owned because it was overgrown
at the time and was next to another lot they owned. They went through the process of
cleaning up the title, paid three years of municipal liens of about $1,500 for previous
violations and the application fee. Once that was current, they applied for the lien
reduction. He advised they took title on April 26, 2011 and started working on the
property back in October when the adjacent lot was purchased.
Officer Roy advised he went by the property daily and by the time it came before the
Board, it was not compliant and it was not until January that Mr. Finklestein advised the
lots had been mowed and to reinspect the property. Mr. Finklestein advised they only
mowed the property because it was next to another one of theirs, so they never
contacted anyone. It was after that time, they contacted Mr. Wolofsky to purchase the
property, but the liens were making it unaffordable. He further advised they are trying to
make a trade With Habitat of Humanity, but were advised the past taxes had to be paid
before the lien reduction could be applied for in the amount of $4,761 for 2008, 2009
and 2010 plus the $1,490.40 in municipal liens.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of October 20, 2010 to an amount
of $1,480.18 including administrative costs. Mr. LaRock seconded the motion that
unanimously passed.
Case No. 10-2130
Property Address:
Violation( s):
Jeremy Levine
1241 Sussex Street
CO CH 13 SEe 13-16.
Business tax receipt required.
Officer Roy advised the Code Compliance Board hearing was on September 15, 2010
and no one appeared. Compliance date and proposed fine was set by the Board for
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
May 18, 2011
September 30, 2010 or $150 per day. Date of compliance was April 27, 2011 for 208
days for a total of $31,200, plus $634.12 in administrative fees.
Alexander Gananno, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, is an
attorney with the firm of Aldridge Conners and advised they represent the current
owner. Mr. Levine no longer owns the property. It is currently owned by HSBC. He
advised he spoke with the realtor and his understanding was that Mr. Levine rented the
property without a business tax receipt and that is what led him to be out of compliance.
The Bank took title to the property on April 11, 2011 and his understanding was the
property was vacant and compliant at that point. He is asking for a reasonable
reduction as the Bank had the property under contract.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of September 15, 2010 to an
amount of $1,500 including administrative costs. Mr. LaRock seconded the motion that
unanimously passed.
Dana Vanderhoff
928 Isles Road
CO BBA FBC '07 105.1
Renew expired permit
Officer Roy advised this came before the Board on November 17, 2010 and no one
appeared. The compliance date and proposed fine set by the Board was November 27,
2010 or $75.00 per day. They complied on February 22, 2011 for a total of 86 days of
non-comptiance for a total of $6,450 plus administrative costs of $634.12.
Case No. 10-2591
Property Address:
Violation( s):
Bob Loscotai, 708 Lucern Avenue, Lake Worth, is the listing agent for Aurora Lawn
Services which is the current owner of the property. He advised there is a pending sale
on the property and had a closing date, but could not close because of the lien. He
advised the purchase price on the property is $374,000. He advised the Board that they
were required to get an inspection done and there were no permit requirements. It was
an old permit and they just needed to call for an inspection.
John Herring, Code Compliance Officer, advised this case was an expired air
conditioning permit and the case was written to either renew the expired permit or apply
for a new one. The air conditioning company renewed the permit and it passed
inspection.
5
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10-2130
JEREMY LEVINE
Respondent(s).
/
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Mav 18. 2011. pursuant to Chapter
two, Article five of the City Code of Ordinances. The Board 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 board 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 Board 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 Board on September IS. 2010 on the
Property located at 1241 Sussex St., Boynton Beach, Florida, with the legal description
of:
LA WRENCE GROVE PL 1 LT 161, according to the plat thereof as recorded in Plat
Book 60, Page 21, of the Public Records of Palm Beach County, Florida,
peN: 08-43-45-07-11-000-1610 is REDUCED TO $1.500.00.
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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. Tn the event that the property owner does not comply with the Code
Compliance Board 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 Board
or the City Commission shall be pennitted regarding lien reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach
County, Florida this M day of ~ ' 20 II,
'J~~~
Michele ostantlno, ChaIrperson
CODE COMPLIANCE BOARD
ATTEST:
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JUL 0 5 2011
CITY CLERK'S OFFICE
e Mayor and the City Commission
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erk
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