Loading...
11-3137 - 3030 SE 2nd StreetG y� POLI A�o - Police Department A CFA Accredited Law Enforcement Agency" 0 rt 1 00 E. Boynton Beach Boulevard Z P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 ear yg2 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 �mq I a Ij ► Date: To: From RE: January 2, 2014 City Commission Code Compliance Division Code Compliance Case #11-3137 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: u 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. o 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 20 America's Gateway to the Gulfstrearn Meeting Minutes Code Compliance Board Boynton Beach, FL 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. 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. Motion 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- 1 (Mr. Cwynar dissenting.) Case No. 11-3137 Gustave Ovilma 3030 SE 2 nd 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 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 The property was purchased in August 2013. Ms. Springer was contacted by Mr. Ernst Simeus who requested a lien reduction inspection. On November 6, 2013, she informed him he needed to replace screens and install smoke detectors in the bedroom. The home was re-inspected the next day and passed. There were no outstanding taxes or water bills that needed to be paid. Ernst Simeus, 6748 Bulrush Court, West Palm Beach, explained the property was purchased from a short sale and it was in foreclosure. The prior owner did not comply. He learned the tenant was served with the foreclosure notice and the tenant refused to leave and was evicted. There were many problems. Mr. Simeus planned to rent the premises. When they applied for the license, the inspector mentioned the repairs and they addressed them all. He requested the Board reduce the liens to administrative fees. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all iien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 18, 2012, to an amount of $1,634.12, including administrative costs. Ms. Carroll seconded the motion that passed 5-1 (Mr. Cwynar dissentingj Case No. 11-3036 Anita Winston 1633 NE 4 th Street Ms. Springer presented the case. The notice of violation was November 8, 2011, regarding securing building permits, restoring the exterior area to a sanitary condition including a sewer line spill, and removing 211 outdoor stored materials, trash and debris. The case was heard on March 21, 2012, and Jonathan Steinberg, the Respondent's son, appeared. The compliance date and fine set by the Board was May 5, 2012, or a fine of $250 per day would be imposed thereafter. The violations were corrected on June 13, 2013, having 403 days of non-compliance. Ms. Springer was contacted last year by Kim Martin, Ms. Winston's daughter, inquiring about the status of the case and she tried to correct the violations. At one point there was a fire. The brother was living in the home which became uninhabitable. The mother then became ill and was moved to Georgia. Ms. Martin again contacted Ms. Springer in June, and they met with the building department to discuss what needed to be done to repair the property. The entire roof was destroyed by the fire and it was suggested the roof be removed during hurricane season, but Ms. Martin decided to demolish the home. She contacted Habitat for Humanity and she gifted the property to them. Habitat subsequently demolished the home. All the permits were finalized and the lot was vacant. 13 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. GUSTAVE OVILMA Respondent's); I ATTEST: THIS CAUSE carne 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 January 18, 2012 on the Property located at 3030 SE 2" St., Boynton Beach, Florida, with the legal description of: JOSEPHINE S LATINO SUB LOT 6, according to the plat thereof as recorded in Plat Book 38, Page 78, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46- 04 -25- 000 -0060 is REDUCED TO 1,634.12. 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 ay of , 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD CASE NO. 11 -3137 LIEN MODIFICATION ORDER. Respondent Y i CITY CLERK' S OFFICE