12-2283 - Lake Success Rentals LLCPolice Department
"A CPA Accredited Law Enforcement Agency"
1 00 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 7426100
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 7426120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
June 3, 2013
City Commission
Code Compliance Division
Code Compliance Case #12-2283
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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.
Lj 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
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Lion Reduction
Boynton Beach, FL May 22, 2013
foreclosure sale auction. At that time, there were no Code violations, The property was
then transferred to Kristine and Terry Burnstein, who he also represents. They were
requesting the lien reduction because at the time they took ownership, there were no
violations.
Discussion followed the property was purchased in 2012, and the fine started in 2011.
Vice Chair Cole inquired if a lien search was done, Attorney Cary reiterated it was a
foreclosure auction. Often when purchasing a foreclosure at auction in Boynton Beach,
a search must be done through Conduits. If the property is not listed, which was the
case when his client purchased the property, there was still some risk, and there was
not enough time to do the needed research. His client has purchased several homes in
Boynton Beach and has always complied. This was the first time he purchased a
property and there was a Code violation. The lien did not show when the search was
done under the previous owner's name.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents have 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 Cole moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of March 16, 2011, to an amount of $3,634.12,
including administrative costs. Mr. Borelli seconded the motion. The motion failed 2-3
(Ms, Yerzy, Ms. Brenner and Chair Costantino dissenting.)
T =.. a
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,
Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of March 16, 2011, to an amount of $2,000.00,
including administrative costs. Ms. Yerzy seconded the motion that unanimously
passed.
Case No. 12-2283 Lake Success Rentals LLC 121 SW 7th Avenue
Ms. Springer presented the case. The notice of violation was sent on November 16,
2012, for violations pertaining to needing a Business Tax Receipt. The case was heard
on January 16, 2013, and no one appeared. The compliance date and fine set by the
Board was to correct the violations by January 26, 2013, or a fine of $300 per day would
be incurred thereafter. The violations were corrected on April 10, 2013, having 73 days
of non-compliance and a fine of $21,900 accrued.
9
Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, FL May 22, 2013
The Respondent paid the application fee for the lien reduction, and there were no
outstanding water bills or taxes. Ms. Springer was contacted on May 14, 2013, for the
lien reduction inspection, and the request was eligible to be heard. She noted there
were some circumstances which delayed the case from being considered for the lien
reduction.
Leonardo Farias, 2029 Discovery Circle, E., Deerfield Beach, explained the
individual who was to maintain the property prior to them did not do a great job. When
he received the information he addressed the violations and maintained communication
with Officer Roy. There were issues with the tenant allowing them access to correct
some items, but they eventually were able to do so, They were requesting the lien be
waived and he explained they have other properties in Boynton Beach they would like to
upgrade. Mr. Farias works for the property owner who owned the property for about a
year. The subject property was his first rental. The other properties the owner acquired
were not.
The property was purchased in 2012. Between June and December, they were making
improvements to the home. The tenant came in around October or November. When
the tenant moved in, they tried to obtain the Business Tax Receipt and that was when
the violations were found. The violations were corrected and the home inspected on
April 10, 2013,
The home was a single-family home with one tenant. They replaced the fence and it
took longer for the City to issue the permit to do so, Mr. Farias explained there is
another property owned by the owner, and permits were pulled for that home. The
fence was inspected the same day the home was inspected and approved for lien
reduction.
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,
Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of January 16, 2013, to an amount of $2,100,
including administrative costs. Vice Chair Cole seconded the motion that unanimously
passed.
Case No. 10-43 Countrywide Home Loans 228 SW 8th Avenue
Ms. Springer presented the case. The notice of violation was sent on January 8, 2010,
for violations pertaining to registration and maintenance of foreclosed property. The
case was heard on February 17, 2010, and no one appeared. The compliance date and
fine set by the Board was to correct the violations by February 27, 2010, or a fine of
1
'09
CODE COMPLIANCE. BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
LADE SUCCESS RENTALS LLC
Respondent's).
0
CASE NO, 12 -2283
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on May 22, 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 January 16, 2013 on the Property located at 1.21 SW 7"' Ave., Boynton
Beach, Florida, with the legal description of:
BOWERS PARK E 27 FT OF LT 18 & W 38 FT OF LT 19 BLK 15, according to the plat thereof as recorded in Plat Book
11, Page 57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -12- 015 -0181 is REDUCED TO $2,100.00.
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 farce 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
2013,
after hearing at City of Boynton Beach, Palm Beach County, Florida this 3L day of
s.
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Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
JUN 0 3 20
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