09-1616 Kevin Faber & Serene PrinyavivatkulIMF,
T-) ,-1
J otic' Department
"A CFA Accredited Law Enforcement Agency"
100 & Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Date: June 24, 2015
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #09-1616
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)
o Said review must occur within thirty (30) days of the request for review.
Lj 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.
j 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 , 20®
BOYNTON BEACH, FLORIDA MAY 20, 2015
Case No, 14-1515 Rockwell Management LLC 333 SE 23rd Avenue
Ms. Springer presented the case. The Notice of Violation was June 24, 2014, regarding
cleaning and maintaining the pool in a sanitary condition, repair screen, remove debris
from patio on the property, repair driveway apron, sod bare spots in yard, repair rotten
fascia and apply for and pass inspection for Business Tax Receipt for rental property.
The case was heard on October 15, 2014, and no one appeared. The compliance date
and fine was January 11, 2014, or a fine of $200 a day would be imposed thereafter.
The violations were corrected on March 23, 2015, having 128 days of non-compliance,
accruing a fine of $25,600 and administrative fees of $730.15.
Ms. Springer was contacted in April for a lien reduction inspection and at that time, the
property needed grass, an outstanding water bill had to be paid and the Business Tax
Receipt had to be issued. All was corrected and was eligible for a lien reduction on May
4, 2015.
David Abrams, the property owner, purchased the property on February 28, 2015, from
Rockwell Management. They understood there were violations on the property and
immediately met with Ms, Springer and the Inspectors, paid the water bill at closing and
applied for the roof permit. They replaced the roof, obtained the permit and had all the
inspections done on March 25th. There were old permits from the original owner which
they addressed. The Fire Department conducted an inspection, they obtained the
Business Tax Receipt and did all he was supposed to do. The prior owner could not
afford the roof, so they purchased the property, had a roof put on and put down five
pallets of sod. He noted there had been police activity on the premises and trash.
Ms. Ellis reviewed photographs of the property from the Respondent and a timeline of
events, ownership and inspections, and a detailed list of repairs with the amounts
expended.
I
Given the testimony by the Respondent, Ms. Ellis reduced the $25,600 lien to $1,500
plus $730.15 in administrative fees.
r- th
Case No. 09-1616 Kevin Faber & Serene Prinyavivatkul 170 SE 27 Avenue
Ms. Springer presented the case. The Notice of Violation was sent on May 27, 2009,
regarding an expired permit. The case was heard on July 15, 2009. The compliance
date and fine set was August 14, 2009, or a fine of $100 a day would be imposed
thereafter. The violations were corrected on November 5, 2014, having 1,908 days of
non-compliance totaling $190,800 plus administrative costs of $634.12 . Ms. Springer
was contacted for a lien reduction and there was nothing that had to be done to comply,
W
MEETING MINUTES
SPECIAL MAGISTRATE HEARINGS
BOYNTON BEACH, FLORIDA MAY 20, 2015
Serene Prinyavivatkul and Kevin Faber, 170 SE 27th Avenue, explained they took
ownership of the property in 2004. They thought the hearing was an oversight on their
part, They have dogs so they pulled permits for the fence. It took a long time to sign off
and the self-closing latch did not work and the gates started to sag. They had moved
out of the property, but kept it up and thought it was resolved. They moved back in and
when they tried to refinance, they learned of the lien. Ms. Springer explained the permit
was not approved because of the latch and they never got another inspection. It was
now approved, Mr. Faber explained they always had a padlock on it. Ms, Ellis reviewed
photographs of the property which the Respondents verified as their property. Ms. Ellis
also saw a padlock for the fence.
Given the testimony, Ms. Ellis reduced the lien to $2,000 plus $634,12 administrative
costs.
Case No. 14-1508 Fetlar LLC 1154 SW 27th Avenue
Ms. Springer presented the case. The Notice of Violation was sent on June 24, 2014,
regarding a Business Tax Receipt inspection for rental property. The case was heard
on August 20, 2014, and Krishwa Ramnanan appeared, The compliance date set was
August 28, 2014, or a fine of $500 a day would be imposed thereafter, The violations
were corrected on March 9, 2015, having 195 days of non-compliance and a fine of
$97,500 and administrative fees of $634.12,
In April, a lien reduction inspection revealed the Respondents had to sod the front yard,
repair the sprinkler system and repair the driveway. A second inspection in May
showed the property was eligible for lien reduction.
Lela Boggs explained this property took longer than expected for the Business Tax
Receipt because the home was occupied and it was difficult for the tenants to take time
off to accommodate an inspection. When they inspected, they found items the owners
addressed immediately so they could apply for lien reduction.
Decision
Ms. Ellis reduced the lien to $15,000 plus administrative costs of $634.12.
Case No. 1441529 Fetlar LLC 1154 SW 271h Avenue
Ms. Springer advised a Notice of Violation was sent on June 25, 2014, regarding,
permits for an installed air conditioner, washing machine, hose bib and garage door.
The case was heard on August 20, 2014, and Lela Boggs appeared. The compliance
date set was August 25, 2014, or a fine of $500 would be imposed thereafter.
23
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
Vs, CASE NO, 09-16) 6
KF,'VfN FABER & SERENE PRINYAVf VATKUL
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 May 20, 2015, 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 drily 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 mel all the lien reduction procedures established by the City Code of Ordinances,
3 �
I The lien imposed by the Magistrate on July 15, 2009, on the Property located at 170 SE 27"' Ave., Boynton
Beach, Florida, with the legal description of:
GAY -MAR ESTATES LT 14, according to the plat thereof as recorded in Plat Book 24 Page 110 of the Public Records of
Patin Beach County, Florida,
PCN: 08-43-45-33-07-000-0140 is REDUCED TO $2,634.12.
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 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 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
'2015.
ATTEST:
YCLIL-Je
CLERK
copies furnished:
Honorable Mayor and the City
City Attorney
City Clerk
Respondent
1
Beach, Palin Beach County, Florida this �yr� day of
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
F 11L
J U N .,L 12 10 15,
CITY CLERK'S 0FRCE