08-849 - Tanglers Development LLCThe City o Bo ynton Beach
Police Department
A CFA Accredited Lau Enforcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Phone: (561) 742 -6100
Fax: (561) 742 -6185
G. Matthew ImmIer, Chief of Police
Code Compliance
Phone: (561) 742 -6I20
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #08 -849
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:
❑ 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.
v 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 , 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
August 17, 2011
received a contract for $32,000, with an original close date of June 1, 2011. When
Nautica found out the bank did not register the property, they registered it and began
putting it into compliance. The windows were fixed, a sprinkler system installed, and
spent close to $6,500 on the property to get it in compliance.
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, Ms. Carroll 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 $2,634.12 including administrative costs. The motion was seconded by Vice
Chair Yerzy and passed 6 -1 (Mr. Foot dissenting).
Case No. 08 -849 Tangiers Development LLC 132 NE 12'" Ave
Officer Roy reviewed the case. The notice of violation was March 17, 2008 for non-
payment of annual fire inspection fees. The hearing was held on May 21, 2008 and no
one appeared. The compliance date established was June 20, 2008, or incur a fine of
$100 per day. The violations were brought into compliance on March 31, 2010 having
648 days of non - compliance for a total of $64,800. Officer Roy advised the next four
cases are the same and that the only violation was that they did not pay the annual
fees. The inspections were passed. These properties are two, six -unit, multi - family
apartment complexes.
Jason Block, 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank,
advised these properties were acquired through the subsequent FDIC foreclosure of
Sterling Bank, who had foreclosed on these properties in May. Iberia Bank became
involved in January. Since then, approximately $50,000 had been spent to maintain
these properties, and to remove tenants and squatters from the property.
Deanna Richardson, Administrative Associate, explained that because it was a multi-
family unit, it was considered a business and they have an annual inspection fee.
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 May 21, 2008 to an amount of
$1,038.09 including administrative costs. The motion was seconded by Mr. Foot and
unanimously passed.
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 08 -849
TANGIERS DEVELOPMENT LLC
Respondent(s).
1
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on AuLxust 17, 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 Mav 21, 2008 on the
Property located at 132 NE 12` Ave.. Boynton Beach, Florida, with the legal description
of:
HAPPY HOME HEIGHTS LT 2 & E 5 FT OF LT 3, according to the plat thereof as
recorded in Plat Book 11, Page 30, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -20- 007 -0020 is REDUCED TO $1.038.09.
1
4. The City shall prepare a release and satisfaction consistent with this
Order.
S. The release and satisfaction shall be recorded in the public records of
Palm Beach County at the Respondent's expense.
G. 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 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 permitted regarding lien reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach
County, Florida this (day of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
Y CLERK F 1 L E 0
AUG 2 4 2011
copies furnished: CLE OFFICE
Honorable Mayor and the City O ion
City Attorney
City Clerk
Respondent
2