08-2383 - Harrison C KutunThe City o f Bopnton Beach
Police Department
'A CFA Accredited Law Enforcement Agen -i}'
100 E. Boynton Beach Boulevard
P.O. Box 3.10
Boynton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 742 -61$5
G. Matthew Imm ter, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #08 -2383
$uT ieao
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.
❑ 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 dayof , 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
C — Case No. 08 -2383
Harrison C. Kutun
September 21, 2011
710 SW 25th Place
Officer Roy presented the case. The notice of violation was August 15, 2008, for
violations pertaining to installing a pool barrier and maintaining the pool in a sanitary
condition. The case was heard on September 17, 2008. No one appeared. The
Respondents were ordered to correct the violations by September 27, 2008, or incur a
fine of $500 per day. The violations were corrected on June 18, 2010. The accrued
fine totaled $314,000.
Arii Ben -Hamo, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, the Attorney
representing the Bank was present.
The members noted there were two orders on the property: one for the pool, and the
other for registration of a foreclosed property.
Merideth Markarian, of Keyes Real Estate, 10921 Jog Road, Suite 152, Boynton
Beach, the listing agent for the Bank was present.
Attorney Ben -Hama testified the Bank took title to the property on January 6, 2011. The
Bank had been working diligently to bring the property into compliance and spent
$50,000 to correct the violations, including a new roof, the pool, landscaping, electrical,
and a number of other issues. He stated the pool was brought into compliance before
the Bank took title, but it had not been inspected.
Ms. Markarian stated when they took over the listing, a lien search showed the Code
violations. They immediately started to comply. The first was the roof, which they
replaced with a new barrel tile roof, which cost $26,500 and there were other smaller
issues. A Code Officer inspected the property and, at that time, the violations were
cleared but they were cited for additional violations in the interior of the home, which
were also corrected immediately at a cost of $27,850. Additionally, the Bank re- sodded
the property.
Attorney Ben -Hamo testified there is a contract on the property with someone who will
live in the home. The contract price is $111,000. The closing had been delayed several
times due to the Code violations, but the parties want to close as soon as possible.
It was noted there was a compliance date of June 18, 2010, but the testimony is they
did not get the property until January 6, 2011. It was in compliance with the pool six
months before the Bank took it over. The same principal applied to the second case.
Attorney Ben -Hamo stated the balance at the time of foreclosure was approximately
$400,000. The property appraisal, last year, was just under $90,000. The date of the
foreclosure was December 14, 2010, and the Certificate of Title was recorded January
15, 2011.
Meeting Minutes
Code Compliance Board
Boynton Beach, FL September 21, 2011
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 September 17, 2008, to an
amount of $12,560,00 including administrative costs. Mr. Foot seconded the motion
that unanimously passed.
Case No. 09 -3695 U.S. Bank National Assoc. 710 SW 25th Place
Officer Roy presented the case. The notice of violation was November 20, 2003, for
violations pertaining to property registration and maintain the property per City Code.
The case was heard January 20, 2010, and no one appeared. The Respondent was
ordered to comply by February 4, 2010, or incur a fine of $250 per day. The violations
were corrected on August 9, 2010. The accrued fine totaled $46,250.
Ad Ben -Hamo, representing U.S. Bank National Association, 7000 W. Palmetto Park
Road, Suite 307, Boca Raton, stated the Bank spent $50,000, and in fairness with the
other cases that were being reduced, he requested that this one be reduced to just
costs.
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 January 20, 2010 to an amount
of $1,460, including administrative costs. Ms. Carroll seconded the motion.
Mr. Foot expressed the Ordinance needed to be enforced, and he felt the fine was not
reflective of the Ordinance.
Vote
There was a vote on the motion. The motion passed 5 -1 (Mr. Foot dissenting).
Case No. 05 -2563 Lee F. Brown 143 SE 27th Place
Officer Roy presented the case. The notice of violation occurred on November 9, 2005,
for violations pertaining to an unpermitted carport. The case was heard February 15,
2006, and no one appeared. The Respondent was ordered to correct the violation by
10
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 08 -2383
HARRISON C. KUTUN
Respondent(s).
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LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on September 21, 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 17, 2008 on the
Property located at 710 SW 25` Pl.. Boynton Beach, Florida, with the legal description
of:
FOREST HILLS LT 1 BLK 5, according to the plat thereof as recorded in Plat Book 25,
Page 57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -32 -01 -005 -0010 is REDUCED TO $12,560.00.
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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.
5. 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
ATTEST:
G� Y'
FILED
d OCT 0 4 2011
or and thanyoLffiWiSOFICE
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