10-242 - National Land Co. Inc.Date:
To:
From
RE:
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P 0, Box 310
Boyntort Beach, Flonda 33425-0310
Phone: (562) 742-6700
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
March 28, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3135
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:
o 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.
D 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.
ci 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 Gate-Lucty to the Gulfstream
CITY OF BOYNTON BEACH
Petitioner,
vs.
NATIONAL LAND CO., INC.
Respondent(s).
CODE COMPLIANCE BOARD
CITY OF BOYNTON BE, FLORIDA
CASE NO. 09-3135
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien redUCtion on March 19, 201:2, 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 nearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent
information relating to the specific case and being others, Ise 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 May 19, 2010 on the Property located at 12807 Lake Dr., Boynton Beach,
Florida, with the legal description of. -
5 -46-43,
f:5-46-43, TH PT OF S '/ LYG E OF SR 9, W OF LAKE SHORE ESTS & LAKE EDEN PL2, BNDLD ON N BY WLY
EXT OF S LI OF BLK 3 LAKE EDEN PL 2 & ON S BY IRREGPAR IN CO (LESS OR2073P546 & PB32P53) CONT
22.90 AC, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida,
PCN: 05-43-46-05-00-000-5140 is REDUCED TO $20,000,00,
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.
DONE AND ORDERED atter hearing at City of Boynton Beach. Palm Beach County, Florida this day of
2012,
AT'TES l':
C i'Y CF.ERh`
"Ts
c��t�ie, tiu7�ished., '.
)rabic Mayor antf ap City Commission
Attorney
Clerk i
endenf
Michele Costantino, Chairperson
CODE COMPLIANCE: BOARD
2012
QTYOFFICE
�11111 11111 11 1 iqi�iiiii��i;r o q I q1111111
Date -
To:
From
RE:
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boiiiaorz Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334 25-0370
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew Immier, Chief of Police
Code Compliance
Phouez (5611 742-6120
Fox: (561) 742 -638 --
March 28, 2012
City Commission
Code Compliance Division
Code Compliance Case #11-242
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:
:j 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)
j Said review must occur within thirty (30) days of the request for review.
j 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.
z) 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
CITY OF BOYNTON BEACH
Petitioner,
vs.
NATIONAL LAND CO., INC.
Respondent(s).
CODE? COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 11-242.
LIEN MODIFICATION ORDER
THIS CAUSE. came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on March 19, 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:
I. 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 August 17„ 2011 on the Property located at 12807 Lake Dr., Boynton
Beach, Florida, with the legal description of:
5-46-43, TH PT OF S '/ LYG E OF SR 9 W OF LAKE SHORE ESTS & LAKE EDEN PI -2, BNDED ON N BY WLY
EXT OF S Ll OF BLK 3 LAKE EDEN PL 2 & ON S BY IRREGPAR IN CO (LESS OR2073P546 & PB32P53) CONT
22.90 AC, according to the plat thereof as recorded in the Public Records of Palm Beach County, Florida,
PCN: 08-43-46-05-00-000-5140 is RESCINDED.
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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this c17 days of
2011
VI TE:S`I':
Honorable Mayor
City Attorney
t'i:y Cl&k
R wrrd6it
City Corrimission
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL March 19, 2,012
aforementioned case by virtue of this Board's Order of February 17, 2010, and that the
lien imposed by that Order be released. Ms. Yerzy seconded the motion that
unanimously passed.
Case No. 09-3135 National Land Co., Inc. 12807 Lake Drive
Ms. Springer explained this case and the next involved the same property but had
different violations. The notice of violation was sent September 28, 2009, for the
following violations: remove outside storage; install six-inch numbers on building;
remove unpermitted signs; repair broken windows; repair or replace damaged soffit and
fascia; remove barricades from all exits; remove unlicensed business from the property;
remove unregistered/inoperable vehicles/trailers; and only two recreational vehicles are
allowed on the site and they must be registered and have current tags.
The case was heard on May 19, 2010, and no one appeared. The Respondent was
ordered to correct the violations by May 29, 2010, or incur a fine of $150 per day. The
violations were corrected on February 29, 2012,
David Paladino, 1528 N. Lakeside Drive, Lake Worth, was present and explained the
location of the property. Chair Costantino announced for the record that Mr. Paladino
had contacted her and she referred him to Ms. Springer. Ms. Springer explained
Attorney Bridgeman had requested the Board consider both cases at the same time
and decide on a fine amount. Attorney Bridgeman would then provide additional
direction to the Board.
1".'qse Vo. 11-272 National Land Co., Inc. 12807 Lake Drivz
Ms. Springer explained the notice of violation was sent on February 2, 2011, for
violations pertaining to mowing grass and weeds and to trim the property. The case
was heard on August 17, 2011, and no one appeared, The Respondent was ordered to
correct the violations before August 27, 2011, or incur a fine of $150 a day. The
violations were corrected on December 14, 2011.
David Paladino, 1528 N. Lakeside Drive, Lake Worth was present. Ms. Springer
distributed photographs to the Board. Ms. Paladino explained he purchased the
property in 2004 from B.E. Aerospace. He voluntarily annexed the property into Boynton
Beach and changed the zoning in 2006 to residential. The annexation agreement did
not address him continuing to use a commercial building for commercial purposes until
he demolished the building to build homes, which did not occur. The City then allowed a
legal, non -conforming status if certain items were addressed, one of which was the
tenant had to apply for the business license. When the tenant applied, the City advised
they could not process the request because the property was in non-compliance
because of its location. Mr. Paladino then addressed the items involved with the Code
case
a
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL March 19, 2012_
Mr. Paladino explained the problem was he did not get permission in writing in the
annexation agreement to use the property as commerciallindustrial. The Fire
Department treats the property as a commercial property and would not allow him to
disconnect the firelsprinkler system. The Solid Waste Authority still taxes the property
as commercial property. Nonetheless, the violations were corrected, He explained at a
prior meeting with Wayne Bergman, Kurt Bressner, Quintus Greene, Mike Rumpf, Scott
Blasie and Jim Cherof, he was advised the property could continue to be used for light
industrial including an exporting business, but there were conditions.
Ms. Springer clarified the property is currently zoned residential. The agreement
stipulated that if he cleaned up the property by January 2010, the City would allow him a
restricted commercial use on the property. There was one grandfathered business on
site when the zoning changed from commercial to residential, which the City allowed
him to keep. That business left so he had to meet the criteria in order for him to continue
to have businesses on the property. Mr. Paladino expressed he would contact the
Zoning Department to revisit the matter. If they determined the property could not be
used for a commercial use while he was waiting for the market to turn around, he may
demolish the building as it did not make sense to pay taxes on a building they could not
use.
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, Mr, Bucella moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of May 19, 2010, to an amount of
$15,000 including administrative costs. Mr. Bucella explained the fine only pertained
to this case and it included administrative costs, He would seek to rescind the fine on
the second case. The motion died for lack of a second
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, Mr. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of May 19, 2010, to an amount of
$25,000 including administrative costs. Chair Costantino passed the gavel to Vice Chair
Yerzy and seconded the motion which failed 2-3 (Vice Chair Yerzy, Ms. Yerzy, and Mr.
Bucella dissenting.)
Vice Chair Yerzy returned the gavel to the Chair,
is
Meeting-ibinutes
Code Lien Reduction
Boynton Beach, FL March 19, 2012
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 May 19, 2010, to an amount of
$20,000 including administrative costs. Ms. Yerzy and Mr. Bucella seconded the motion
that unanimously passed.
The following motion pertained to the second case (Case No. 11-272.) Mr. Paladino
explained the case was a set of unfortunate circumstances and appreciated the Board
making the fine as low as possible.
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 move that this Board rescind the fine instituted in the
aforementioned case by virtue of this Board's Order of August 17, 2011, and that the
lien imposed by that Order be released, Ms. Yerzy seconded the motion that
unanimously passed,
Attorney Bridgeman requested the Board amend the prior motions to include a
stipulation that the lien would only be reduced/rescinded subject to payment of full
outstanding taxes owed to the City of Boynton Beach on these two properties.
Vice Chair Yerzy moved to reopen his motion having to do with Case No. 09-3135. Ms.
Yerzy and Mr. Bucelia agreed to reopen and the motion unanimously passed.
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 May 19, 2010, to an amount of
$20,000 including administrative costs as well as requiring the property owner to pay to
the City of Boynton Beach any outstanding taxes owed prior to the lien being reduced.
Ms. Yerzy seconded the motion. The motion unanimously passed.
9
Meeting Minutes
Code Lion Reduction
Boynton Beach, FL March 191, 2012
Vice Chair Yerzy moved to amend his motion having to do with Case No. 11-272, Ms.
Yerzy agreed to the amendment. Fhe motion unanimously passed.
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 rescind the fine instituted in Case
No. 11 -272 by virtue of this Board's Order of August 17, 2011, and that the lien imposed
by that Order be released with the stipulation that all outstanding taxes due to the City
from the property owner be paid in full prior to the rescission of fine. Ms. Yerzy
seconded the motion.
It was noted that the City was in agreement with this stipulation. The motion
unanimously passed.
Case No. 08-1982 Raynold D & Muracia Simeus, 3105 Ocean Parkway
Attorney Bridgeman administered the oath to the Respondent present.
Ms. Springer presented the case. The notice of violation was sent on July 10, 2008, for
violations pertaining to removing graffiti from the driveway, mow the yard, and remove
trash and debris. The case was heard on August 20, 2008, and no one appeared. The
Respondent was ordered to correct the violations by August 30, 2008, or incur a fine of
$100 per day. The violations were corrected on May 11, 2011. An outstanding water bill
and municipal liens were paid in full. On May 24, 2011, the Respondents were given a
list of repairs to be done in order to apply for Lien Reduction. It took the Respondents
until December 15, 2011, to come before the Board as the list of repairs was extensive.
It included fixing the rotted fascia and the sliding door window; replacing the soffit
screens; repairing broken windows; and removing trash, debris and tires. There was
open electrical; an unsafe meter can; overgrown grass, hedges and weeds; sodding
yard areas; replacing the mailbox; and repairing the sprinkler system. The only item
addressed quickly was they boarded up the structure almost immediately.
Fabiola Ruth, 3939 NE 5th Avenue, D-104, Boca Raton, the leasing agent representing
the Bank was present. The property was foreclosed, The Bank took over the property in
early 2011 and was put on the market right away. A contract was entered into, and the
lien search reflected the Code violations. The contract price was $19,900.
10