09-3419 - Marcia J OsowskyI'll,f. 0
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Date:
To:
From
RE:
Police Department
"A CFA Accredited Law Enforcement Agency"
IGO E. Boynton Beach Boulevard
P. 0. BOX 310
Boynton Beach, Florida 33425-0310
Phone: (567) 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
September 5, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3419
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:
Li 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)
o Said review must occur within thirty (30) days of the request for review.
o 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.
Lj 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 I day of 2011.
America's Gateway to the Gulfstreurn
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL August 20, 2012
The property was under contract with a non-profit agency who would do a complete
rehabilitation of the property. The sale price was in the low $40's, maybe $43K - $44K.
The sale was handled through Wells Fargo who offers the properties to non -profits first.
The Bank would pay the cost of the lien. The lien is not passed on to the buyer.
VX01f M$E
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, U.S. Bank National Assoc., 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 February 17, 2010 to an
amount of $3,834.12, including administrative costs. Ms. Yerzy seconded the motion
that unanimously passed,
Case No. 09-3419 Marcia J. Osowsky 730 NE 20th Lane
Ms. Springer presented the case. The notice of violation was sent on October 28, 2009,
regarding humanely securing a dog that must have a current tag and registration with
the County. The case was heard on November 18, 2009, and Ms. Osowsky appeared.
Two board orders were issued. One was to Cease and Desist by November 19, 2009
or a fine of $50 per occurrence for the leash law would be incurred, and the other was to
comply by November 28, 2009, or incur a fine of $150 per day for the registration
The Cease and Desist Order resulted in 10 occurrences and the date of compliance for
the other Board Order was May 16, 2012.
Marcia Osowksy, 730 NE 20th Lane, was present. She testified she had been in a
severe accident in November and was on crutches. She commented she has complied
and she was short selling the property. As for her dog, Ms. Osowsky commented she
was fixed and licensed for well over a year and more likely two years. She may have
misunderstood the situation. She thought the violation was corrected the first time when
she addressed the matter and did not know it remained. She explained the fine accrued
was worth more than the value of the home.
There were 10 occurrences when the dog was on the leash. She was only aware of two
violations. She requested the lien be reduced so she could sell the property. The last
violation was in 2009. Since the 10 occurrences, Animal Control Supervisor, Liz
Roehrich, never saw or reported another occurrence.
Since there were two separate Board Orders, each had to be addressed individually.
As to the registration, Officer Roehrich did call the County who verified the dog was
K
Meeting Minutes
registered on May 16, 2012. Ms. Osowsky commented Dr. Armstrong had seen the dog
for over two years and she was micro -chipped at least a year and a half ago.
Discussion followed about the fine amounts. The Cease and Desist order would not be
reduced and the request would be denied. The remaining Board Order would be
reduced to $1,180.15,
lifuem ms
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent, Marcia J. Osowsky, has complied with all
lien reduction procedures as set forth in section 2-84 through 2-89, the City of Boynton
Beach Code of Ordinances, Mr. Coles moved that the fine instituted in the
aforementioned case by virtue of the Board's Order remain as stated in said Order. Ms.
Yerzy seconded the motion that unanimously passed.
Chair Costantino reminded Ms. Osowsky that she was still under a Cease and Desist
Order, and if the dog was caught without the lease, more fines would be incurred.
or*=*
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
regarding the registration, by virtue of this Board's Order of November 18, 2009, to an
amount of $1,180.15, including administrative costs, Mr. Bucella seconded the motion
that unanimously passed,
Case 10-1513 U.S. Bank National Assoc. 410 NW 3rd Street
Ms. Springer presented the case. The notice of violation was May 18, 2010, regarding
registration of a foreclosed property and to secure openings. The case was heard on
July 21, 2010, and no one appeared. The compliance date set was July 31, 2010, or a
fine of $150 would be imposed thereafter. The violations were corrected August 22,
2011.
Ms. Springer was in contact with a realtor in August of 2011, who was working toward
lien reduction and then heard nothing occurred until recently. The property owner, Mr.
Jeanty, came to City Hall and learned of the lien. The title company did not conduct the
search from the bank or former owner's name and never found the lien. In order to
come into compliance, he had to replace a missing air conditioner and broken windows.
All of it was done. The air conditioner was replaced, but the contractor did not pull a
N
CITY OF BOYNTON BEACH
Petitioner,.
vs.
MARCIA J. OSOWSKY
Respondent(s).
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 09-3419
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on August 20, 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 (LEASH LAW VIOLATION) imposed by the Board on November 18, 2009 on the Property located
at 730 NE 20"' Ln., Boynton Beach, Florida, with the legal description of:
WATERSEDGE LOTS 7 & 7-A BLK 6, according to the plat thereof as recorded in Plat Book 37, Page 69 of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-15-11-006-0070 is REDUCED TO $1,180.15.
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 thi day of
, 2012.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
RespondentL
ED
A 01
ITS CLERK PEKE
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09-3419
MARCIA J, OSOWSKY
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 August 20, 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 (REGISTRATION/VACCINATION VIOLATION) imposed by the Board on November 18, 2009
on the Property located at 730 NE 20¢x' Ln., Boynton Beach, Florida, with the legal description of:
WATERSEDGE LOTS 7 & 7-A BLK 6, according to the plat thereof as recorded in Plat Book 37, Page 69 of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-15-11-006-0070 is DENIED REDUCTION AND REMAINS AT $500.00.
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.
11�DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this,- day of
, 2012.
I &i2i�
Honorable Mayor and the City Commission
City Attorney
City Clerk
Resuondent
aU
%' OFFICE
Michele Costantino, Chairperson
CODE COMPLIANCE ;BOARD