12-609 - 1050 NW 4th StreetDate:
To:
From:
RE:
Pill
Police Department
"A CPA Accredited Law Enforcement Agency
100 E, Boynton Beach Boulevard
P.0, Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fax; (561) 742-6185
Jeffrey Katz
Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
January 2, 2014
City Commission
Code Compliance Division
Code Compliance Case #12-609
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:
r, 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.
u 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.
D 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
,20—
Meeting Minutes
Code Compliance Board
Boynton Beach, FL November 20, 2013
compliance, which was accomplished. The family has been trying to determine how to
work around the issues. There was a squatter in the premises which took a month to
remove. There was no water service. The property is currently vacant and they were
trying to get rid of the lien. Mr. Patterson estimated he spent $3,000 to $4,000 to repair
the home. He purchased a new refrigerator and appliances, paint, and they trimmed
the trees and cleaned the property.
Ms. Springer had photographs she distributed to the Respondent and the Board. Mr.
Patterson explained they were trying to sell the property years ago, but the mother did
not want to. The property currently is not sold. A realtor is looking at it and there is a
for sale sign on the property,
Motion
Based on the 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, Mr. Cwynar moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of October 19, 2011, to an amount
of $730.15 including administrative costs. Ms. Carroll seconded the motion that passed
5-1 (Vice Chair Cole dissentingj
Case No. 12-609 Central Mortgage Company 1050 NW 4 th Street
Ms. Springer presented the case. The notice of violation was sent April 11, 2012,
regarding registration of a foreclosed property and to secure the dwelling and repair or
replace broken windows. The case was heard on June 20, 2012, and no one appeared.
The compliance date and fine set by the Board was June 30, 2012, or a fine of $200 per
day would be imposed thereafter. The violations were corrected on November 8, 2013,
having 495 days of non-compliance.
Ms. Springer was contacted in September by an attorney who informed her the
foreclosure was over and the property was purchased by FREO Florida LLC. She
spoke with Jack Norton who requested a lien reduction inspection on October 10, 2013.
The inspector found broken windows still existed and he provided other violations that
needed to be corrected in order to apply for the lien reduction, which were to replace the
air conditioning compressor, repair the front door knob and pay outstanding water bills
of about $665. On November 6, 2013, the inspector re inspected and found a broken
PVC pipe in the rear yard. A re -inspection occurred on November 8, 2013, and the
property met all requirements for the lien reduction.
Jack Norton, FRED Florida, 201 North Franklin Street, Suite 1750, Tampa,
explained he represents a hedge fund that purchases properties in South Florida. They
purchase homes with the intent to improve them and rent them. He purchased many
11
Meeting Minutes
Code Compliance Board
Boynton Beach, IFIL November 20, 2013
properties for the company. In this instance, the home was purchased in a bulk sale, in
January 2013. They painted, cleaned the interior, and landscaped the home with intent
to rent, but decided it did not meet their criteria and to sell it. The home was under
contract in September and he received the lien search and found out about the fines.
The property is one of the best looking homes in the area. There was a broken window,
but the home was vandalized and that was why they decided to sell it. When the home
was vandalized, they stole the air conditioner and broke the doorknob. He spoke with
Ms. Springer and took care of the problem in a few weeks. They spent about $1,500
and had to replace the air conditioning compressor. The property complied and they
addressed the issues immediately. He hoped the fines would be reduced to
administrative costs.
The property was under contract. The fines were at $99K and the contract was about
$92K. They had it listed for $89K and there were multiple offers. The purchaser was an
investor and would probably lease it. Ms. Springer had photographs,
1J,•
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, Cwynar 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
$634.12 including administrative costs. The motion died for lack of a second.
rk1ri =.* I
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 Cole 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
$3,634.12 including administrative costs. Ms. Yerzy seconded the motion that passed 5-
I (Mr. Cwynar dissenting.)
Case No. 11-3137 Gustave Ovilma 3030 SE 2nl Street
Ms. Springer presented the case as in the notice of violation. The notice of violation
was sent on November 21, 2011, regarding obtaining a Business Tax Receipt for a
rental property. The case was heard on January 18, 2012, and no one appeared. The
compliance date and fine set by the Board was January 28, 2012, or a fine of $200 per
day would be imposed thereafter. The violations were corrected on October 30, 2013,
having 640 days of non-compliance.
12
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO, 12-609
CENTRAL MORTGAGE COMPANY
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 November 20, 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 June 20, 2012 on the Property located at 1050NW 4h St,, Boynton Beach,
Florida, with the legal description of:
CHERRY HILLS BOYNTON LOTS 300 & 301, according to the plat thereof as recorded in Plat Book 4, Page 58, of the
Public Records of Palm Beach County, Florida,
PCN, 08-43-45-21-14-000-3000 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 hearing at City of Boynton Beach, Palm Beach County, Florida this Aday of
2013.
ATTEST:
3YCLERK
"'—Mich �Costantino, Chairperson
CODE COMPLIANCE BOARD