12-516 - Emigrant Funding CorpPolice Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phone: 1561) 742-6100
Fax: (561) 742-6285
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
Date:
To:
From
RE:
May 6, 2013
City Commission
Code Compliance Division
Code Compliance Case #12-516
C � POLI
In accordance with Ordinance number 00107, 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)
:i Said review must occur within thirty (30) days of the request for review.
Li 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, 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 1 201
America's Gateway to the Gulfstream
iftethnq 1VhnUtf_-'S
C ode Lien Reduction
Boynton Beach, FL April 24, 2013
mmm
b_se di on th .- testimony and evidence presented In the aforementioned case, and
having been advised that the Respondent has complied with all Hen reduction
praceouies sot forth In Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Mrs. Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of
$3,534.12 including administrative costs. Ms. Carroll seconded the motion that failed 2-
3 (Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting.)
Discussion followed the amount was too low and the neighborhood suffered. Ms.
Brenner commented this was a big issue and a longstanding violation. The poor
cof)diflon of the home damages the neighborhood and the violations infringe on abutting
properties. She suggested a higher amount.
M Carroll dfflerud and explained vendors were coming into the community and taking
problern properti,ys thc[ have been around for a long time, that caused health hazards
for the - itnunity and properly values to drop, fixed them and sold them to people who
will rnaintain them. She poirited out the role of the Board is compliance and this case
was complied riot by the fault of this man, who was the one who fixed it. She expressed
the $3,634 was an adequate fine to cover the City's costs to eliminate the problem.
DiSCL.s. fok) rLhare were two sides to the issue and that courthouse auctions are
a ganiLda.
Motion
Based on the i(:;stIniony -ind evidence presented in the aforenientioncd case, and
having been advised that the Respondent has complied with all lien reduction
procedures sot forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Ms, Brenner moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of
$8,8E0, irICIUding administrative costs. Vice Chair Cole seconded the motion that
passed 3-2 (AIP Yorzy and lVis. Carroll dissenfingj
�11
C a se int o. 1 516 Ernigraint Funding Corp, 717 NE - 10th Avenue
Attorrie Br:d,
� gernr -.in administered - n oath to the Respondent.
Ms. Springer presented the case. The notice of violation was dated March 28, 2012,
pertaining to mowing, trimming and needing a Business Tax Receipt. The respondent
needed to sod dead areas of the lawn. The case was heard on May '16, 2012, and Joy
the bank appeared, The compliance date and fine Set by the
7
Mee'Ling WnUL.s
Code Lien Redicdon
Boynton B-'Pacii, FL April 24, 2013
Board was May 31, 2012, or a fine of $250 per d&y would be incurred. The violations
were correctec', ,:n i'VIC 8, 2013. The liati reduction application fee was paid.
Ms, Sprijnger wE.;s cont:actod on April '16, 2013, about the reduction and she explained
what needed to be doi)e for the property to come into compliance, which was replace
missing sC.reeris arLd v repair broken windows, replace missing wall and window
air COI)d`ti0',kIg units, rtilslat missing light fixtures and missing curl) stop. it was
inspactt-,d on April 19 2013, and '!I the violaiions were corrected at that time. There
were no outstanding water bills and the taxes were up-to-date,
Fernando Perei, 19154 S Garder-da Avenue, Weston, one of the owners with Darwin
Corp that pur�,Ciased the property from the bank, explained they purchased the home
on jar 3 2013, after negotiating with the bank for four or five months. The
grope il was [ j ojL sir _,( shap . and they spent $5,000 just on the work on the outside.
,,
They v ' ere vvaifii;ag io (To inside and correct the violations but there were tenants in units.
They evicted all eight tenants and the property is vacant. The Corporation intended to
own ft, prcperty, rent it, and keep it as clean as 1 They purchased the property
for $28r,000. There arc, eight Urlit'S. He cornmented the neighbors vvere happy with the
acquisition. The improvemems enhanced the environment of the neighborhood.
Mr. P3ro'z .." a'vare of the liens when he purchased the property, waived the liens with
s!"', v, the (.pity befo, purchLising it,
ivi O'd 0 n
Based on the i._-stiryiony and evidence presented in the aforementioned case, and
having been a_:vised that the Respondent has complied with all ken reduction
PMC&Jures yO", forth in Section 2-84 through 2-89 of thG City of Boynton Beach Code of
CrdinanGes, Ivis- Carroll moved that this Board reduce the fine instituted in the
aforementioned _ by virtue of ttiis Board's Order of May 19, 2012, to all amount of
$3,634. including administrative costs. Ms. Brenner seconded the motion that
Chair CU;AQmirjo noted there was a newspaper article that Wellington had afirst reading
on chan " 16n the f'irie 1'arnoun'Ls for first offense Code violations and she agreed to send
die art c.le to A j4orriCy
L Bridg,, and Ms, Springer. Ms. Springer explained the
Ordinance wa,Q Lo raise the cap of the fine; however, that was already in place in
Boynton Beich.
Vis. Br:3nner also inquired if ilie Board peri stipulation agreements. Ms, Springer
responded they do not and they do riot vvUnt to allow them. It was tried in the past and
,here
tou ir;:tn/ 'IF? '-,U(J'I- �ISSC)Ci with them.
0
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY Of BOYNTON BEACH
Petitioner,
VS.
EMIGRANT FUNDING CORP.
Respondent(s).
CASE NO. 12 -516
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on Apr'ii 24, 2013, 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 May 16, 2012 on the Property located at 717 NE 10 "' Ave., Boynton
Beach, Florida, with the legal description of:
LAKE ADD TO BOYNTON LTS 6 & 7 & LT 8 (LESS INTRACOASTAL CONDO) BLK 2, according to the plat thereof
as recorded in Plat Boob 11, Page 71, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -21 -32 -002 -0060 is REDUCED TO $3,634,12.
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 bearing at City of Boynton Beach, Palm Beach County, Florida this day of
2013,
r" /7-
00 s rLe
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST: