05-1741- Janet Loffio7777777�
Police Department
"A CPA Accredited Law 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 Immler, Chief of Police
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 #05-1741
0
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:
u A City Commissioner has seven (7) days from the rendition of the Order to request the
City Manager's Off ice to place the case on a City Commission Agenda for review.
(Space provided below for transmittal purposes)
o Said review must occur within thirty (30) days of the request for review.
u 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.
u 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 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida May 21, 2012
Case No. 05-1741 Janet Lofflo 2012 S. Federal Hwy. #402
Ms. Springer presented the request and stated the notice of violation was sent July 29,
2005, for violations pertaining to securing a permit to change an air conditioning unit.
The case was heard on September 21, 2005, and no one appeared. The compliance
date and fine established by the Board was October 1, 2005 or a fine of $25 a day
would be imposed thereafter. The violations were corrected on April 25, 2012, having
2,397 days of non-compliance.
Ms. Springer explained Ms. Loffio is deceased and the property was for sale. A title
search revealed the lien. In discussions with Ms. Loffio's former daughter-in-law, who
has taken over the sale of the property, it was learned Ms. Loffio was admitted to a
nursing home right after the air conditioner was changed in 2005, and her brother, who
was also elderly, was taking care of her affairs. None of the violations came to light.
Accidentally, the violation came into compliance because the home needed a new air
conditioner.
Ms. Springer explained Island Air Conditioning Co., who replaced the air conditioner,
said they removed a 1999 air conditioner from the unit and it was an original unit;
however, Building Department records indicated the original unit was placed in 1988.
Apparently the company installed a 1999 air conditioning unit in 2005 and never applied
for a permit. Officer Pierre, who cited the case, saw the air conditioning company
working without the permit.
Robin Winistorfer, 2531 NE 51st Street, Lighthouse Point, the real estate agent selling
the property for the owner Elizabeth Loffio, was present. Ms. Winistorfer agreed with
Ms. Springer the unit was replaced in 2005 with a 1999 unit. This occurred in July of
2005, and in August 2005, Janet Loffio did receive two certified mailings from the City
regarding the unit; however, in August, Ms. Loffio appeared to be unable to function on
her own. The daughter-in-law, Elizabeth Loffio, made plans to have Ms. Loffio admitted
into a nursing home. Her health deteriorated and Ms. Loffio never returned to the
building. The electric was turned off from August 2005 to March of 2012. When the
power was turned on, the unit, which had been installed, did not work and had to be
replaced in March 2012.
Ms. Winistorfer requested the lien be dismissed because no one knew of it, and if they
had, they would have addressed it. It was only when the title search was conducted did
they learn of the matter. Although the letters were received, there had been meetings
with an attorney to admit Ms. Loffio into a nursing home. When she vacated, they did
not have any documents. In clearing out the house, they found documents were hidden
but the daughter-in-law never came across the information, nor did the brother have
information. The amount of the lien was more than the selling price of the house, which
was $58,000. Ms. Winistorfer explained they had a buyer and were supposed to close
last week. The mortgage was paid.
0
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida May 21, 2012
Elizabeth Lofflo is the widow of Janet Lofflo's only son, who passed away in 1091.
Elizabeth was added to the deed, but could not do anything until Janet passed away,
When Ms. Lofflo died in 2012, she was 87 years old and the brother was likely over 90.
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. Foot moved that this Board reduce the fines instituted in the aforementioned case
by virtue of this Board's Order of September 21, 2005, to an amount $5,000, including
administrative costs. Mr. Cole seconded the motion that unanimously passed.
Case No, 10-2056 Citimortgage 115 BE 14th Avenue
Ms. Springer explained this case and the next were for the same property. Ms. Springer
presented the request and indicated the notice of violation was sent July 13, 2010, for
violations pertaining to registering a foreclosed property, mowing the yard and trimming
the vegetation. The case was heard on August 18, 2010, and no one appeared. The
compliance date and fine established by the Board was August 28, 2010, or a fine of
$100 a day would be imposed thereafter. The violations were corrected on September
19, 2011, having 386 days of non-compliance. Ms. Springer clarified mowing and
trimming the yard were not part of the original violation.
Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker
representing Citimortgage, was present. He commented the property was currently
under contract. Ms. Springer explained the property was registered on September 19,
2011. Mr. Matthews explained the Bank did not obtain the property until January 4,
2012. The foreclosure proceeding was started and it should have been registered on
March 23, 2010, when the lis pendens was filed, Mr. Matthews explained he was not
involved until January 9, 2012, but noted the property was occupied at that time. He did
cash for keys to Mark Veen, the owner, who was living at the premises on February 20,
2012. Mr. Matthews expressed confusion as he registered the property after they
moved Mr. Veen out.
Attorney Bridgeman explained there are two elements of the Ordinance. One element is
to register the property once it becomes vacant, and the second component was to
maintain the property once it becomes vacant. If they filed the (is pendens, there was
an obligation to register and maintain the property; however, the Ordinance also
specifies it applies to property that is vacant or subject to default. The violation notice
was sent to the foreclosing attorney in Tampa, who signed a receipt of mailing for the
notice.
Ms. Springer explained they sent the notice to the foreclosing attorney because the
County property records would reflect Mark Veen as the owner until the foreclosure was
N
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 05-1741
JANET LOFFIO
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 September 21, 2005 on the Property located at 2012 S. Federal Hwv.
#402, Boynton Beach, Florida, with the legal description of:
SEAGATE OF GULFSTREAM COND 1 UNIT 402 BLDG F, according to the plat thereof as recorded in the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-33-22-006-4020 is REDUCED TO $5,000.00.
4. The City shall prepare a release and satisfaction consistent with this Order.
5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense,
6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly
disposed by the City Commission.
7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or
modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be
permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 49—q— day of
'V-10—tl 2012.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney paw 7
City Clerk
Respondent "4
MAY 2 1, 2(11'
C17 CLERK'$ OFFICE I