13-1423 - Dalland Properties LPPolice Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton. Beach Boule uard
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 #13-1423
In accordance with Ordinance number 00107, 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)
r - i 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 20
ow-W—MMIM-M =��
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 would be imposed thereafter. The violations were corrected on November 5, 201
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. ]\As, 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 on July 14, 2014, and the property was eligible for lien reduction at
that time.
Richard Carey, Coquina Cove LLC, 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 'C'oquina 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 LIP 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 vioiations were corrected on
May 16, 2014 accruing a fine of $57,250 plus administrative fees of $634, In order to
qualify for the lien reduction, the 2013 property taxes had to be paid. Tile lien reduction
inspection revealed the Respondent had to remove inoperable vehicles, weed and
fertilize the yard which was addressed on June 17, 2014.
Bernadine Jones, representing Dalland Properties, explained Dailand hired her and
her team to manage their properties. She spent $2,000 to $3,000 to bring the property
h
NIEE TIN G WNUTES
CODE COMPLIANCE HEARINGS
BOYNTON BEACH, FLORIDA JULY 16, 2014
into compliance and obtain the Business Tax Receipts. Dalland owned the property for
a few years, but terminated the prior property management company.
LEM=
Based on the testimony of the City and the testimony of the Respondent's
representative, Ms. Ellis reduced the lien from $57,250 to $3,500 plus administrative
costs of $634.12.
Case No. 10-544
Clyde E. & Alberta S. jones 1625 NE 2 nd Street
Ms. Springer presented the case. The Notice of Violation was sent on February 25,
2010, to mow the yard and trim overgrown vegetation. The case was heard an April 21,
2010, and no one appeared. The compliance date was May 1, 2010, or a fine of $75 a
day would be imposed thereafter. The violations were corrected on February 13, 2012,
accruing a fine of $48,900 plus administrative costs. To qualify for the lien reduction,
outstanding water bills of about $1,600, five municipal liens and over $1,000 in property
taxes had to be paid.
When Ms. Springer was contacted for lien reduction, the inspection revealed the
Respondent had to install sod in the yard and swale, replace windows and screens,
remove tires and the broken fence. The property was re-inspected and items had to be
removed from the carport. The property had to be sodded on the side of the house and
some vegetation along the fence had to be trimmed. On June 12, 2014, the property
was eligible for lien reduction.
Bernadine Jonas explained this case was the same as the prior cases. The
Respondents were long-term tenants, and when they cleaned up, they put the items in
the carport and porch, it was in compliance and Mr. Jones hired Ms. Jones to keep the
property in compliance.
Decision
Based on the testimony of the City and the comments by the Respondent's
representative, Ms. Ellis reduced the lien from $48,900 to $3,500 plus $63412
administrative costs.
Case No. 10-3074 Clyde E. & Alberta S. Jones '1625 NE 2 d Street
Ms. Springer presented the case. The Notice of Violation was sent on October 13, 201
to mow the overgrown yard, and maintain the property. The case was heard on
November 14, 2010, and no one appeared. The compliance date and fine was
December 20, 2010, or a fine of a $1,000 a day would be imposed thereafter. The
violations were corrected on February 13, 2012, accruing a fine of $437,000 plus
administrative fees.
W
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner„
vs. CASE NO. 13 -1423
DA LLAND PROPERTIES LP
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, Articic: 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 ED AND ADJUDGED that:.
I. This Magistrate has srrbject rnatterjurisdiction 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 September 18, 2013 . on the Property located at 2206 NE 4Eh Ct
Boynton Beach, Florida, with the legal description of,
BOYNTON RIDGE LT 3 BLK 14, according to the plat thereof as recorded in Plat Book 24, Page 28, of the Public Records
of Palm Bcach County, Florida,
PCN: 08- 43- 45- 15 -07- 014 -0030 is REDUCED TO $4,134.12.
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 thu tirne 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 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.
w.. D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Z tday of
,
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
{ Y CII,Iti:RK
nd the City Commission
CLERK'S OFFICE
1