13-789 - 716 W Ocean Avenue�, 9 U �vd
Code Compliance
Phone: (561) 742-6120
F&x: (561) 742-6383
VW1 R ;I 6111141rows 1921 M
Date:
To:
From
RE:
January 2, 2014
City Commission
Code Compliance Division
Code Compliance Case #13-789
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)
D 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.
Lj 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 Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL November 20, 2013
Motion
Vice Chair Cole moved to approve. Ms. Carroll seconded the motion that unanimously
passed.
Ill. Approval of Agenda
Chief Code and Rehabilitation Officer Pete Roy, announced the following changes to
the agenda:
Case Nos. 13-1478, 13-1858 and 13-1993 complied.
Motion
Ms, Yerzy moved to approve the agenda. Vice Chair Cole seconded the motion that
unanimously passed.
IV. Swearing in of Witnesses and Introduction.
Attorney Bridgeman explained the hearing procedures and administered an oath to all
who intended to testify.
Officer Roy announced Case No. 12-1937 will be tabled to the January 15, 2014,
meeting.
Motion
Ms. Yerzy moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on January 15, 2014. Vice Chair Cole seconded the motion
that unanimously passed
Officer Roy called the roll and determined who was present. There were no objections
to Chair Costantino's request to hear Case Nos. 13503 and 13-789 first.
Case No. 13-789 Diane Bader Trust 716 W. Ocean Avenue
Code Compliance Coordinator, Diane Springer, presented the case as in the notice
of violation. The notice of violation was sent on April 24, 2013, for violations pertaining
to applying for and passing an inspection for a Business Tax Receipt for a rental
property, to mow and maintain overgrown yard, and paint the garage door. The case
was heard on June 19, 2013, and no one appeared. The compliance date and fine set
by the Board was July 4, 2013, or a fine of $100 per day would be imposed thereafter.
The violations were corrected on September 18, 2013, having 75 days of non-
compliance.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL November 20, 2013
The property was purchased on September 16, 2013. Ms. Springer received a call the
next day from the ownerws inquiring what needed to be done to comply. Officer Roy
visited the premises on September 18, 2013, and complied the case. They paid an
outstanding water bill of $119.68 to come before the Board, in addition to the application
fee.
Ashlee Parrotta, 716 W. Ocean Avenue, explained she purchased the property and
signed a waiver to take responsibility for the lien in order to purchase the house. The
home was a short sale and it was 17 months before they closed and moved in. They
immediately mowed the lawn and painted the garage door. Mr. Parrotta ultimately
replaced the door and obtained all permits and inspections for it. They did not know
about the lien until the day they closed. Had they known there was an issue, Mr.
Parrotta could have mowed the grass for the prior owner. She sought to ensure all
issues were addressed and advised she and her family lived at the premises.
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, Ms. Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of June 19, 2013, to an amount of
$1,000 including administrative costs. Vice Chair Cole seconded the motion that passed
4 — 2 (Ms. Carroll and Mr. Cwynar dissenting).
Case No. 13-1503 JP Morgan Chase Bank National 2586 SW 10 Street
Officer Cain presented the case as in the notice of violation. The notice of violation date
was July 18, 2013, to remove outside storage, clean and secure the pool, repair the
fence, windows and screens, repair wires and remove the boat from the property. The
only outstanding violation that remained was the fence. The hearing was held
September 18, 2013, and Attorney Christina Suarez-Arias appeared, The compliance
date and fine was October 3, 2013, or a fine of $1,000 per day would be imposed
thereafter.
Christina Suarez-Arias, with Butler and Hosch, P.A., 3185 South Conway Road,
Suite E, Orlando, representing the lender, requested that the lien be reduced based
on the information provided by the Code Officer what has complied. The tender hired
was addressing issues. Per their records, the property was occupied. She requested the
lien be lessened to some degree so it would not show as a cloud on the title upon
judgment and for resale purposes. As to the legal matters, the judgment date was
pending. It had not gone to foreclosure or passed title. The lis penclens was recorded
and the work done was to remedy the known Code violations.
43
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 13 -789
DIANE BADER TRUST
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 19, 2013 on the Property Iocated at 715 W. Ocean Ave., Boynton
Beach, Florida, with the legal description of:
LAKE BOYNTON ESTS PL 1 LOT 4 BLK 7, according to the plat thereof as recorded in Plat Book 13, Page 32, of the
Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 29 -01- 007 -0040 is REDUCED TO $1.000.00.
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 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 clay of
71 a -, , 2013.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
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