13-2103 - Capstone Resdev LLC_clue lice Department
"A CFA Accredited Law Enforcement Agency"
IGO 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: (S61) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 5, 2014
To: City Commission
From: Code Compliance Division
RE Code Compliance Case #13-2103
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)
ci Said review must occur within thirty (30) days of the request for review.
❑ 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.
❑ 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 120
MEETiNG MINUTES
CODE COMPLIANCE HEARINGS
BOYNTON BEACH, FLORIDA JULY 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 $634.12.
Case No. 11-2731 Capstone Resde:v LLC 101 South Federal 11-1469
Ms. Springer presented the case. The Notice of Violation was sent October 5, 2011, to
mow, 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 $634,12.
Case No. 13-2103 Capstone Resdev LLC 101 South Federal HwT*
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.
Decision
Given the presentation by the City and the comments by the Respondent's
representative, Ms. Ellis reduced the line, from $24,760 to $2,500 plus administrative
fees of $730.15,
0
MEETING MINUTES
CODE COMPLIANCE HEARINGS
BOYNTON BEACH, FLORIDA JULY 16, 2014
Ms. Springer explained none of the fines could be paid until they receive the final notice.
She provided letters explaining the matter has to be approved by the City Commission
first and she could not accept payment until that time.
Case No. 09-3493 Citimortgage 706 Ocean Inlet Drive
Ms, Springer presented the case, The Notice of Violation was sent on November 4,
2009, to register and maintain foreclosed property, mow overgrown yard areas, and trim
overgrown vegetation. The case was heard on December 16, 2009, and no one
appeared. The compliance date and fine was December 31, 2009, or a fine of $250 a
day wouid be imposed thereafter. The violations were corrected on November 5, 2010,
accruing a fine of $77,000 plus administrative - fees of $634.12.
To qualify for a lien reduction, the applicant paid an outstanding water bill of almost
$1,100, nearly $10,000 in property taxes and pay off three municipal liens of almost
$1,800. Ms. Springer received an email on May 13, 2014, requesting the lien reduction
inspection. The Officer could not determine if it complied. There were roof tiles on the
roof that had to be removed and there were issues with the self-latching gate. A re-
inspection occurred or) July 14, 2014, and the property was eligible for lien reduction at
that time.
Richard Carey, Coquina Cove XXLL, was present and explained the property was
sold in foreclosure on May 2, 2013, and they became the owners. The notices were
sent to Citirriortgage, but Coquina Cove was the owner. They addressed the Code
violations and requested a reduction.
Based on the presentation by the City and the comments by the Respondent's
representative, the lien of $77,000 was reduced to $5,000 plus administrative costs of
$634.12.
Case No. 13-1423 Dalland Properties LP 2206 NE 4 Court
Ms, Springer presented the case. The Notice Of Violation was sent on July 1, 2013 to
obtain a Business Tax Receipt for rental property. The case was heard on September
'18, 2013, and no one appeared. The compliance date and fine was September 28,
2013, or a fine of $150 would be imposed thereafter. The violations were corrected on
May 16, 2014 accruing a fine of $57,250 plus administrative fees of $634.12. In order to
qualify - for the lien reduction, the 2013 property taxes had to be paid. The lien reduction
inspection revealed the Respondent had to remove inoperable vehicles, weed and
fertliize the yard which was addressed on June 17, 2014.
1Mr=KRM_ am
IN
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 13-2103
CAPSTONE ICI -.SDEV LLC
Respondent's).
LIEN MODIFICATION ORDER
THIS CAUSE came 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, %rticle Five of the City Code of Ordinances, The
Magistrate 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 Magistrate 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,
I. 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.
3. The lien imposed by the Magistrate on November 20, 2013 on the Property located at 101 S. Federal Hw
Boynton Beach, Florida, with the legal description of
TOWN OF BOYNTON ALL OF BLK 7 & 12 IN PBIP23, ALL OF TOWN OF BOYNTON REV PL OF BLK 12 IN
PB1P] 5PIS & PT OF ABND SE 2 AVE', OCEAN AVF & SE 4""' ST WWS LYG ADJ TO, according to the plat thereof
as recorded in Plat Book 1, Page 2 1, of the Public Records of Palm Beach County Florida,
Page y
PCM 09-43-45-248-0 is REDUCED TO $3,230.15.
4. The City shall prepare a release and satisfaction consistent with this Orden
S. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
G. 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 inodified by
the City Commission, Nvithin 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 Magistrate or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thisZ 'f'�day of
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
C' Y CLERK
copies furnished:
Honorable Ma T or and the City Commission T
Ci ty Att
L E D
Cit Clerk
JUL 2 3 2014
CITY CLERK'S OFFICE