10-573 - Harbor Cay LLCThe Cit�o f Bolinton Beach
Police Department
"A CFA Accredited Law Enforcement Agencff
100 E. Boynton Beach Boulevard
P, 0. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 7426185
G. Matthew Immler, Chief of Police
-Cade Compliance
Phone: (561) 742-6120
Fax: (561) 7426383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
January 5, 2012
City Commission
Code Compliance Division
Code Compliance Case 410 -573
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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 day of 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Lion Reductions
Boynton Beach, FL December 19, 2011
amount of $1,634.12, including administrative costs. The motion was seconded by Ms.
Carroll and unanimously passed.
Case No. 10 -673 Harbor Cay LLC 605 Lakeside Harbor
Ms. Springer reviewed the details of the case. The property was cited March 1, 2010
for violations pertaining to mowing and removing trash and debris. It was heard April
21, 2010 and no one appeared. The compliance date set by the Board was May 6, 2010
or incur a fine of $100 per day. Compliance date was October 13, 2011 for 524 days of
non - compliance.
Joe Denardo, of 1401 SE 10 Street, Suite 130, Pompano Beach, Vice Chair Yerzy
inquired in order to expedite this matter, could Mr. Denardo attest that the testimony in
this case would be the same as the first one. Mr. Denardo advised the situation and
testimony were identical.
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 April 21, 2010 to an amount of
$1,634.12 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 05 -512 Richardo R. Marchesini 516 S. Seacrest Blvd.
Ms. Springer reviewed the case. The property was cited March 7, 2005, to repair or
replace driveway and install sod in swale area. The case was heard May 18, 2005. No
one appeared. A compliance date was set for June 17, 2005 or incur a fine of $25 per
day. Compliance was documented on August 16, 2011, having 2,250 days of non-
compliance. In July of 2011, Ms. Springer was asked to ensure the property came into
compliance. On August 9, 2011, she received a call that the final inspection for the
driveway was done and it passed. In addition, in order for this to come before the Lien
Reduction Board, the Respondent had to repair or replace the soffits and soffit screens,
repair or replace the fascia in the pool area, replace missing window screens and repair
the sprinkler system. She provided photographs.
Aubrey Ben Hama, 7000 West Palmetto Park Blvd, Suite 300, Roca Raton, advised he
represented Wachovia Bank who was the current owner of the property. He advised
that although the property had been in violation since 2005, the client took legal title of
the property in April 2011. Since that time, Wachovia had spent over $30,000 to bring
the property into compliance. There was a contract on the unit and that was ready to
3
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
HARBOR CAY LLC
Respondent(s).
CASE NO. 10 -573
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on December 19, 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.
The lien imposed by the Board on April 21, 2010, on the Property located at 605 Lakeside Harbor. Boynton
Beach, Florida, with the legal description of:
BROWN SAM JR SUB WLY 226.08 FT OF LT 2 & WLY 273.65 FT LT 3 LYG E OF & ADJ TO SR 5 R/W, according to
the plat thereof as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 15 -03- 000 -0022 is REDUCED TO $1,634.12.
The City shall prepare a release and satisfaction consistent with this Order.
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 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.
r,n,.rG nrTn ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ay or
20 11.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
s �
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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.S AN C 4 201
CITY CLEEKia ;'3 OFFICE