11-2731 - Capstone Resdev LLCPolice Depattment
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
,Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX (561) 742-6838
Date: September 5, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #112731
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 00107,
the following procedures are to be followed:
n 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.
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, , 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 20_
MEETING MINUTES
CODE CONIPL.IANCE HEARINGS
BOYNTON BEACH, FLORIDA J U LY 16, 2014
He requested a lien waiver or a substantial reduction. There were initially routing
issues, but Capstone was now aware of the matter and would ensure the property was
in compliance.
Based on the presentation by the City and the testimony by the Respondent's
representative, Ms. Ellis reduced the lien from $289,750 to $5,000 excluding the
administrative costs of $63412.
Case No, 11-2731 Capstone Resdev LLC 101 South Federal Hwy.
Ms. Springer presented the case. The Notice of Violation was sent October 5, 2011, to
rnow, weed and trim the property, remove trash, debris and horticultural debris, repair
the paver on the sidewalk on the north side, and replace screening on the fence. The
case was heard December 21, 2011, and no one appeared, The compliance date and
fine set was December 31, 2011, or a fine of $250 a day would be imposed thereafter.
The violations were corrected on January 31, 2013, accruing a fine of $99,000 plus
$634.12 in administrative fees,
Mr, Hart explained this case was basically the same as the prior case. They were
working to get the properties cleared and the lien reduced so they could move on.
Based on the presentation by the City and the testimony by the Respondent's
representative, Ms. Ellis reduced the lien from $99,000 to $5,000 excluding the
administrative costs of $634A2.
Case No. 13-2103 Capstone Resdev LLC 101 South Federal Hwy.
Ms. Springer presented the case. The Notice of Violation was sent September 24,
2013, to mow and remove trash and debris, The case was heard November 20, 2013,
and no one appeared. The compliance date and fine was November 30, 2013 or a fine
of $250 a day would be imposed thereafter. The violations were corrected on March 10,
2014, accruing a fine of $24,750 plus administrative fees of $730.15.
Mr. Hart explained this case was the same as the prior cases and requested as much of
a reduction as possible.
Given the presentation by the City and the comments by the Respondent's
representative, Ms. Ellis reduced the line frorn $24,750 to $2,500 plus administrative
- fees of $730.15.
0
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Pctidoncr,
vs, CASE NO, 1I -2731
CAPSTONE RESDEV LLC
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on July 16 2014 pursuant to Chapter Two, Article Five of the City Code of Ordinances. The
Magistrate having considered (lie applicatiosi, all the facts regarding the specific code or codes the appealing party was in
violation of, the date of the original Magistrate hearing, the date the affidavit of compliance was issued, the current Iien
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 Magistrate 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,
1 The lien imposed by the Magistrate on December 21, 2011 on the Property located at 10 S. Federal Hwy
Boynton Beach, Florida, with the legal description of:
TOWN OF BOYNTON ALL OF BLK 7 & 12 IN PB 1 P23, ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN
PBI III 5P18 &. PT OF ABND SE 2' AVE, OC1 AN AVE & SE 4 °F ' ST ROWS x YG AD,I TO, according to the plat thereof
as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -03- 007 -0010 is REDUCED TO $5,634.12,
4. The City shall prepare a release and satisfaction consistent %vith 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 Magistrate's 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 Magistrate or the City C'onlnaission shall be permitted regarding lien
reduction.
/ C7NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this y of
r s
77 2 0 !
Carol D. Ellis
CODE COMPLIANCE MAGxISTRATE
ATTEST: