13-83 - 764 Rider RoadWHAMMMI-W.11121" MIRT
Police Department
"A CPA Accredited Law Enforcement Agency"
100 E. Boynton Beach Bouleuard.
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: January 22, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-83
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:
o 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)
❑ 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".
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 Special Magistrate Hearings
Boynton Beach, Florida November 19, 2011
Ms. Ellis explained the current request is to reduce the lien. If eligible, she could reduce
the lien. The lien was set for $203,500 based on 407 days of non-compliance at $500 a
day.
I
Based on the testimony, Ms. Ellis reduced the lien from $203,500 to $20,000. It was
clarified the violations were being treated as two separate cases and the fine was in
addition to the administrative costs of $634.12.
Case No. 13-83 Daniel P. Navillo 764 Rider Roa*
Ms. Springer explained the Notice of Violation was sent on January 17, 2013, for the
same violations as in the prior case. The case was heard on March 20, 2013, and Patty
Naviiio appeared. The compliance date and fine was set for May 4, 2014 or a fine of
$500 would be imposed thereafter, The violations were corrected on June 16, 2014,
having $203,500 in fines and administrative fees, Staff recommended imposing only
administrative fees of $634.12 for the second case.
Ms. Ellis approved the staff recommendation of a fine of $634,12.
Case No. 11-2388 Frandieu Nazaire 607 S. Seacrest Boulevay-,i
Ms. Springer explained the Notice of Violation was sent on August 30, 2011, regarding
a permit for the carport enclosure. The case was heard on November 16, 2011, and
Frandieu Nazaire appeared, The compliance date and fine set was January 16, 2012,
and the violations were corrected on August 28, 2013, accruing a fine of $59,000 and
administrative fees of $730,15,
Ms. Springer was contacted in September for the lien reduction. There was a long list,
of repairs to be made, which Ms, Springer reviewed. In September, the property was
re -inspected and a few items were outstanding. A lien reduction inspection on October
10 revealed the property was eligible, The case was heard last month and the matter
was tabled to allow Mr. Nazaire time to provide information on the sale of the property.
Frandieu Nazaire provided receipts on how much he spent to improve the property. He
commented all was in compliance and he provided an invoice for $54,000, He stated
this home was a foreclosure property and the market value of the property was about
$130,000.
�Wl
CITY OF BOYNTON BEACH
Petitioner,
VS.
DANIEL P. NAVILIO
Respondent's).
CITY OF BOYNTON BEACH, FLORIDA
CASE A1C>. 13-83
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on November 19 2014, pursuant to Chapter Two, Article 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 matterjurisdiction 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 )March 20, 2013 on the Property located at 764 Rider Rd., Boynton
Beaclh, Florida, with the legal description of:
LAKE VISTA UNIT I AS IN ORS099P1230, according to the plat thereof as recorded in Plat kook 33, Page 41 and 42, of
the Public Records of Palm Beach County, Florida,
PCN; 08-43-45-22-28-000-0010 is REDUCED TO $634.12.
The City shall prepare a release and satisfaction consistent with this Order.
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 Ordcr 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.
7//
IiO lig AND ORD ;RED after hearing at City of Boynton Beach, Palm Beach Couiaty, Florida this day of
'f 4
'-C—g of D. Ellis
CODE COMPLIANCE. MAGISTRATE
ATTEST:
zc- /Z-
r-
Y CLERKw;E
copies flurnished:.
I Ionorable Mayor and the City Commission
City Attorney
City Clerk
Respondent