13-1459 - 423 Bayfront DrivePolice olice Department
"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: January 22, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-1459
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:
Lj 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)
o Said review must occur within thirty (30) days of the request for review.
o 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.
o 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_
Meeting Minutes
Code Compliance Special Magistrate Hearings
Boynton Beach, Florida November 19, 2014
Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in
administrative costs.
Case No. 13-1459 Lynn Cave 423 Bayfront Drive
Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an
inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no
one appeared. The compliance date was to comply by October 31, 2013, or a fine of
$150 a day would be imposed thereafter. The violations were corrected on October 17,
2014, accruing a fine of $53,500 and administrative fees of $634.12. Ms. Springer
explained she was contacted on October 16, 2014, for lien reduction information. An
inspection revealed the property was in compliance and all was up to date.
Lynn Cave, the property owner and Gracy Livingston, the settlement attorney for
the current sale of the property, were present. Ms. Cave explained she was selling
the property at a great loss and in conducting the title search, learned of the lien. She
advised she never got a letter or notice about the matter. She emailed Ms. Springer
and made application to come, but had not paid the $60 because she did not know
where to pay,
Ms. Cave advised the property was rented about 50% of the time. Since staff could not
determine when it was rented, they used the date the Code Officer verified it was
vacant. The address used was from the Property Appraiser and Tax Collector. She did
not know a Business Tax Receipt was needed to have a rental property,
Attorney Livingston commented when she presented Ms. Cave with information on the
lien, she had no idea of it. She called immediately, and the home was being sold. She
hoped this would not be an issue with the sale.
Based on the testimony of the City and Respondent and given the Respondent is
eligible for the lien reduction, Ms. Ellis reduced the lien from $52,500 to $2,000 plus
administrative costs $634,12
nd
Case No. 14-836 Antonio Reale 521 NE; 2 Stre(z
Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding a
Business Tax Receipt and inspection, outside storage, trash and debris. The case was
heard June 18, 2014, and Heather Grimes appeared. The compliance date and fine
was June 28, 2014, or a fine of $50 a day would be imposed thereafter. The violations
were corrected on September 22, 2014, accruing a fine of $4,250 and administrative
fees of $634.12
ffel
CITY OF BOYNTON BEACH
Petitioner,
vs.
LYNN CAVE
Respondent(s),
CITY OF BOYNTON BEACH, FLORIDA
CASE NO, 13-1459
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, PUYSUant 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 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 October 16, 2013 on the Property located at 423 Bayfront Dr,,
Boynton Beach, Florida, with the legal description of:
BAYFRONT OF BOYNTON BLACII CONDOMINIUM UNIT 423 BLDG, 4 IN OR2013PI665, according to the plat
thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-46-04-333-004-4230 is REDUCED TO $2,634.12.
The City shall prepare a release and satisfaction consistent with this Order.
The release and satisfaction shak 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 force
or effect, and [lie 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 this 7 day of
20L4
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST;
Tt.Y CLERK
ol
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
FILED
Cj,�� CLERK'S OFFICE