08-3188 - Benel & Yves JosephT
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P.0. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immter, Chief of Potice
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
May 31, 2012
City Commission
Code Compliance Division
Code Compliance Case #08-3188
N
z
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".
1, , 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 1 2011.
America's Gateway to the Gulfstream
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 08-3188
BENEL & YVES JOSEPH
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 21, 2012, 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 December 17, 2008 on the Property located at 520 NW I V Ave.. Boynton
Beach, Florida, with the legal description of
CHERRY HILLS BOYNTON LT 291 & W 16.67 FT OF LT 292, according to the plat thereof as recorded in Plat Book 4,
Page 58, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -14- 000 -29 is REDUCED TO NO FINE.
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 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 cW day of
6Zj 2012.
I
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
�, CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk I L
Respondent
PAY 2
CITY CLERKS $ OFFICE
W rl.
Based on 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. Bucella moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of March 16, 2011, to an amount of $5,000,
including administrative costs.
Discussion followed $7,000 may be more appropriate. Mr. Bucella amended the motion
to $6,000 including administrative costs.
Vote
Mr. Foot seconded the motion that unanimously passed.
Mr. Brody inquired what the rental 'amount had to do with the fee. Chair Costantino
explained when individuals appear before the Board, they ask for all kinds of
information. It would not have mattered if $2 in rent was collected and the rental amount
had no bearing on the fine.
Case No. 08-3188 Benell & Yves Joseph 520 NW 11th Avenue
Ms. Springer indicated this case, and the following two cases pertained to the same
property. She explained the notice of violation for this case was October 17, 2008 for
violations pertaining to mowing and maintaining the property. The case was heard on
December 17, 2008, and no one appeared. The compliance date and fine established
by the Board was December 27, 2008, or a fine of $50 a day would be imposed
thereafter. The violations were corrected on December 27, 2011, having 1,094 days of
non - compliance.
Ms. Springer received an email on November 10, 201 1, from the property manager
inquiring how to comply. On November 21, 2011, she emailed the information on all
three cases to the property manager. To comply, they had to pay an outstanding water
3
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida May 21, 2012
bill of close to $4,000. The property came into complete compliance on December 27,
2011.
Hartford Howell, 8188 Jog Road, Boynton Beach, was the real estate agent handling
the transaction for the owner. He commented the property was for sale. The violations
occurred in 2008 and the owner took possession in May of 2011. His information
showed the City ordered demolition of the property. He had a copy of the notice for
demolition dated January 13, 2011, which was prior to the current owner acquiring the
property, In May, when the owner took possession of the property and was alerted to
the issues, they ordered bids to demolish the structure themselves, but learned the City
had a better price, so they permitted the City to demolish the property. Ms. Springer
explained there was an arrangement made where the City demolished the property and
the current owner paid the City, The home was a foreclosure. It was also noted there
was a case against the Bank, who currently owns the property.
The demolition occurred on August 17, 2011. The lot was for sale, and was on the
market for $8,000. Mr. Howell explained it has been on the market for several months;
however, there was still no buyer.
Discussion followed if the Board assessed any part of the lien, it was unlikely the
property would sell. Chair Costantino suggested zeroing out the fine in the first and
second case and deal with it on the third case.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents have 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, Cole moved that this Board reduce the fines instituted in the aforementioned case
by virtue of this Board's Order of December 17, 2008, to an amount of zero dollars,
including administrative costs, Ms. Yerzy seconded the motion that unanimously
passed.
Case No. 09-3772 Benel & Yves Joseph 520 NW 11th Avenue
Ms, Springer presented the request and indicated the notice of violation was sent
December 4, 2009, for violations pertaining to removing trash, mowing grass, weeds in
the rear yard, and trimming bushes and trees. The case was heard on January 20,
2010, and no one appeared. The compliance date and fine established by the Board
was January 30, 2010, or a fine of $200 a day would be imposed thereafter. The
violations were corrected on December 27, 2011, having 695 days of non-compliance,
Hartford Howell, 8188 Jog Road, Boynton Beach, the real estate agent handling the
transaction for the owner, had no further comments to add,
Ell