09-3848 - Joseph RealeMMMi � I 011TO "Im
Date:
To:
From:
RE:
Police Department
"A CFA 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: (56.7) 742-6120
Fax. (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
January 31, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3848
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)
u 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 .12011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach,, FL January 18, 2012
which would be the requirement of a rental. There was no benefit to the Girons as the
mortgage was in arrears.
Ms. Carroll inquired of Officer Cain if the Code stated it would not only have to be rent
paid, would it be considered a violation if someone else was living in the home other
than the owner. Officer Cain noted in past practices, if a homeowner was benefitting
from an individual living in the home, and it was not a relative, a violation was cited.
Vice Chair Yerzy questioned why an attorney was hired in the case, rather than simply
pay the small fee for the Business Tax Receipt.
Carlos Soto, 7 Dalton Place, was the current occupant of the home. He claimed they
may not be blood family, but they were family none -the -less. He advised they were
working with an attorney to get a mortgage and take over the property. It would work
to everyone's advantage. He advised he had been paying the mortgage for
approximately five years.
•
Based on the testimony and evidence presented in the aforementioned case, Vice Chair
Yerzy moved that this Board find that Ovidio and Vanessa Giron are in violation of the
City of Boynton Beach Code section cited and moved to Order that the Respondents
correct the violation on or before January 28, 2012. The Board has considered the
gravity of the violation, the actions taken by the Respondents and any previous
violations by the Respondents and hereby orders that if the Respondents do not comply
with this Order, a fine in the amount of $100 per day for each day the violation
continues past January 28, 2012, plus administrative costs shall be imposed. The
Respondents are further ordered to contact the City of Boynton Beach Code Compliance
Division in order to arrange for re -inspection of the property to verify compliance with
this Order. Mr. Cole seconded the motion that unanimously passed.
Case No. 09-3848 Joseph Reale 2081 NW 2 nd COUFI
Pete Roy., Senior Code Compliance Officer, reviewed the details of the case. The
property was cited December 9, 2009, to repair or replace driveway apron and obtain a
Business Tax Receipt. The case was heard February 17, 2010. No one appeared. A
compliance date was set for March 19, 2010 or incur a fine of $50 per day.
Compliance was documented on November 16, 2011, having 606 days of non-
compliance for a fine of $30,300.
Ari Albinder and Susan Dolan, Mizner Grand Realty, 155 NE Spanish River Blvd,
Boca Raton, advised they were the listing broker for Bank of America. Ms. Dolan
advised they took possession of the property in July and investigated any code issues
on the property. The apron issue took time to get Bank approval to move it forward, as
.9.
Meeting Minutes
Code Compliance Board
Boynton Bleach, FL January 18, 2012
well as the permits and survey. They also replaced the screens and have kept the
property maintained. They would like a reduction to somewhere between $750 and
$1,000. There was a contract on the property for $43,000 and Ms. Dolan gave a
breakdown of what was spent on the property. Officer Roy presented photographs to
the Board.
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, Ms. Carroll moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount
of $1,634.12 including administrative costs. Mr. Cole seconded the motion that
unanimously passed.
Case No. 08-3701 Yale and Holly Roth 3100 S. Seacrest BlvY
Officer Roy reviewed the details of the case. The property was cited November 20,
2008, to repair driveway and fence, sod bare spots, and remove the commercial vehicle
parked in a residential zone. The case was heard February 19, 2009. Mr. Roth
appeared. A compliance date was set for June 18, 2009 or incur a fine of $50 per day.
Compliance was documented on November 16, 2011, having 880 days of non-
compliance for a fine of $44,000.
Diane Balsara, realtor with Nautica Realty, 1200 S. Federal Hwy, Unit 307, was
present on behalf of American Home Servicing, who currently was the manager for the
property. It was a bank foreclosure by Citibank. The property was acquired in the
spring of 2011. There had been a tenant in the property and before any repairs could
be performed, the tenant had to be removed. Cleanup on the property began at that
time. In addition, the pool pump was replaced, as well as repairing cracks in the pool,
which was not an item cited. All code Violations were addressed, properly bid, and
completed. The contract price on the property was $84,500.
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 February 18, 2009 to an amount
of $1,634.12 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
9
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09-3848
JOSEPH REALE
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 January l8, 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 inet all the lien reduction procedures established by the City Code of Ordinances.
The lien imposed by the Board on February 17, 2010 on the Property located at 2081 NW 2nd Ct., Boynton
Beach, Florida, with the legal description of:
ROLLING GREEN RIDGE Isr ADD LT 8 BLK 25, according to the plat thereof as recorded in Plat Book 24, Page 225, of
the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-16-01-025-0080 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 Conunission.
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
pernutted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
r, .X7, T' ` ""''"CWrT ` " - r-: ng at City of Boynton Bcach, Palm Beach County, Florida this ay of
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD