13-69 72 LLC'F A
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach BouZeucird
Boynton Beach, FZorida 33425-0310
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Diuision
Phone, (567) 742=6120
FAX: (561) 742-6838
Date: June 24, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-69
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:
71 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)
Li 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".
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
SPECIAL MAGISTRATE HEARINGS
BOYNTON BEACH, FLORIDA
MAY 20, 2015
747-4911-ror,
Ms. Ellis reduced the lien to $3,500 plus $634.12.
Case No 14-1425 Fetlar LLC 1053 Coral Drive
Ms. Springer presented the case. The Notice of Violation was sent June 12, 2014,
regarding permits for the kitchen and bath remodel, HVAC replacement and doors, and
to apply for and pass a Business Tax Receipt inspection for rental property. The case
was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance
date and fine set was August 25, 2014, or a fine of $500 a day would be imposed
thereafter. The violations were corrected on April 6, 2015, accruing a fine of $111,500
plus $634. 12.
Leia Boggs explained once they got the right vendors they addressed the violations.
I
Ms. Ellis reduced the lien to $15,000 plus $634.12.
Case No. 14-1517 Fetlar LLC 194 SE 27th Court
Ms. Springer presented the case, The Notice of Violation was sent on June 24, 2014, to
apply for and pass a Business Tax Receipt inspection for rental property. The case was
heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date
and fine set was August 24, 2014, or a fine of $500 a day would be imposed thereafter.
The violations were corrected on May 7, 2015, accruing a fine of $127,000 plus $634.12
in administrative fees. There was only an outstanding water bill.
Serena Sakkarawah explained they had a number of issues with their properties. They
were occupied properties and duplexes and they could not schedule inspections at the
same time, which diminished their ability to cure the violations in a timely manner, She
was aware they were prolonged issues. The company's vendor performance was under
review regarding permitting issues and it affects their investment power within the City.
They were trying to improve their process.
Based on the testimony, Ms. Ellis reduced the lien to $15,000 plus $634,12.
Case No. 13-69 72 LLC 121 W. Ocean Avenue
Ms. Springer presented the case, The Notice of Violation was January 14, 2013, to
remove trash and debris and outside storage. The case was heard March 20, 2013 and
no one appeared. The compliance date and fine was March 30, 2013, or a fine of $150
27
BOY TON BEACH, FLORIDA MAY 20, 2015
a day would be imposed thereafter. The violations were corrected on June 14, 2013,
accruing a fine of $11,100 plus $634.12 in administrative fees.
Ms. Springer was contacted in June 2013 and she explained there were liens from the
former owner that were lost in a foreclosure, but the new owner had to bring all those
violations into compliance. She explained once the violations were in compliance and
all the permits were pulled and finalized, he could apply for a lien reduction. She was
contacted in March 2015 for a lien reduction and Ms. Springer explained he had to
install sod, mow the overgrown yard, repair the bedroom window, install screens in all
windows, repair screens around the bottom of the house, repair the garage door, seal
the soffits, remove a dead Coconut Palm, and obtain a permit for a recently installed
roof. Additionally, there were outstanding property taxes and water bills that had to be
paid. Ms. Springer was again contacted on March 26, 2015, and there was no roof
permit. In April, the Respondent still needed to get the roof and mechanical permits for
a six -room addition on the back of the house,
Normally, Ms. Springer does not take a case to the Board with open permits that had to
be finalized. The Building Official agreed that since he was doing the remodel, and has
the required permits and was passing inspections, Ms. Springer could bring the lien
reduction process forward. She noted there were five parts to the permit. He only had
three and needed the other two. He also had a tenant so he had to get the Business
Tax Receipt. The Respondent did not pass inspection until this month, but somehow
the 2015 Business Tax Receipt was issued, He did not have smoke detectors.
Currently, the Respondent installed some sod and he still had the renovation in the
back, but all else complied. She had pictures she showed to the Respondent and Ms.
Ellis, The Respondent confirmed the property was theirs.
Mr. Diane Abraham, owner, explained some of the photographs were old photographs.
They purchased the property several years ago. There were open permits they were
unaware of at closing. His concern was when they opened the water account he
specified their address was in Florida. Several times they requested all correspondence
come to the address. The water bill is sent to the Florida address, but not the others. In
March they applied for a loan and the attorney advised of the lien. He thought all was
taken care of and a few years back, when they spoke to the City, they were advised
there was no need to appear. They pulled two permits and complied. They obtained an
air conditioning contractor who pulled the permit and the other permit was for the roof
for the addition. There was a prior open permit for the roof, but the prior owner did not
finish the work. In December, Line Tec moved the water meter from the back to the
front of the home. All the pipes for landscaping were compromised and the trees died.
They will redo the entire property and want to enhance it. He will need something in
writing so he can obtain the loan. Ms. Springer advised she could provide a letter
pending City Commission review.
WQ
MEETING MINUTES
SPECIAL MAGISTRATE HEARINGS
BOYNTON BEACH, FLORIDA MAY 20, 2015
Ms. Ellis reduced the lien to $1,000 plus $634.12 in administrative costs.
Case No. 15-758 Grape Leaf Park LLC
Property Address: 1622 NE 4" Court
Violation(s): BBA FBC 2010 ED 105.1
Permit required for garage enclosure,
Windows and doors improperly installed.
Miscellaneous plumbing needs
inspection by the City. Permit needed
for water heater.
Officer Weixler presented the case. A routine inspection on April 1, 2015, revealed the
above captioned violations- The Respondent was not a repeat violator. Written notice
was sent April 1, 2015, giving 10 days to correct the violations. Notice was sent by
Certified Mail on April 23, 2014, and the signed green card was dated May 1, 2015.
The Respondent has Permit No. 15-2159 for the enclosure, which was applied for on
May 81h. It was currently in Plan check. The property was last inspected yesterday and
the Respondent requested a 30 -day extension. Staff recommended a 30 -day
compliance date of June 19, 2015, and a fine of $250 a day. Ms. Springer explained
the property was purchased under the Conditional Release of Lien program.
Nabil Kishk, registered owner, asked about the $250 a day fine and Ms. Ellis
explained it would not apply as long as the issues were addressed within the specified
time. He was worried because Code Compliance inspects and finds something else.
He commented sometimes there are issues for six or eight times and the plans were
rejected. He advised they should be done within 30 days. Ms. Ellis noted he already
applied for the permit, and he did not have to finish the work within 30 days. He had to
get the permit issued within 30 days,
Ms. Ellis ordered 30 days to obtain the permits, by June 19, 2015, or a fine of $250 a
day if not complied.
Case No. 15-454 10 PROP LLC
Property Address: 746 W. Ocean Avenue
Violation(s): CO CHI 3 SEC 13-16
Business Tax Receipt needed to
operate Newlife Recovery Resources,
LLC business.
Officer Cain presented the case as contained in the Notice of Violation. The case arose
from a citizen complaint. An initial inspection on February 25, 2015, revealed the above
W
CITY OF BOYNTON BEACH
Petitioner,
VS.
72 LLC
Respondent's).
CASE NO. 13-69
fl�t�l►iu 1st _ � �
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 alt pertinent information relating to the specific case and being otherwise duly advised in the premises, it is
hereupon,
ORDERED AND ADJUDGED that:
1. 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 March 20, 2013, on the Property located at 121 W. Ocean Ave,,
Boynton Beach, Florida, with the legal description of:
BOYNTON HEIGHTS ADD REVISED PL LTS 30 TO 33 INC BLK 8, according to the plat thereof as recorded in Plat
Book 10 Page 64 of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-28-10-008-0300 is R)sDUC?I D TO $1,634,12,
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.
BONE AND ORDERED after hearing at City of Boynton Beach, Palin Beach County, Florida this day of
2015.
roI D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
TY CLERK—
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent