14-2050 - Live Oak Park LLCP-Olice Dorurtment
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-03 10
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
Date: October 19, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #14-2050
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:
❑ 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.
❑ 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 uest 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 Special Magistrate Hearings
Boynton Beach, Florida August 19, 2015
Constance Lassiter, the Respondent, advised she owns property and always did
everything she was supposed to do. She was on vacation and was unaware of the
2007 fine until 2014 when the property was put up for sale and the contractor advised of
the violation,
Ms. Lassiter had spoken with former Building Official Karl Swierzko in the Building
Department and Pete Roy, former Code Compliance Officer, and inquired why she was
not notified. Ms. Lassiter explained she was in the Boynton Beach area nearly all of
2007, and she and her sisters took care of her mother who passed in June. A
registered letter was returned. Notice was posted on the property. Ms, Lassiter advised
there were renters at the property and they did not notify her.
Ms. Springer explained the property was posted on June 3, 2008 and she had a picture
of the posting on the door of Unit B. The original letters were sent to Ms. Lassiter's
address in Washington, Ms. Lassiter explained the letter sent to Tacoma was the only
registered letter, the rest were sent regular mail, Ms. Lassiter was aware of the tenant
in unit B's personal circumstances and an arrangement was made for her to remain in
the premises at a reduced rate with the proviso the tenant would maintain the premises.
She wanted to sell the building and after every other tenant was evicted, the renter from
unit B was evicted. The tenant threatened to get her in trouble with the City and she
incurred monthly water bills. She lost the contract she had to sell the building. There
were four empty units and each month one unit was higher than the other. Someone
stripped the copper from the units and she was dealing with the City. She believes she
has an interested buyer. She received a letter about one of the tenant's broken car, and
she called Code Compliance and had it removed,
Ms. Springer advised there were no outstanding violations.
Decision
Given the testimony by the Respondent and the City, Ms. Ellis reduced the lien to
$2,500 plus administrative expenses.
Case No. 14-2050 Live Oak Park LLC 410 NE 26 Eh Avenue
Ms. Springer presented the request. The Notice of Violation was sent on August 29,
2014 pertaining to a Business Tax Receipt. The case was heard December 17, 2014,
and no one appeared. The compliance date was January 16, 2015, or a fine of $150 a
day would be imposed thereafter. The violations were corrected on July 16, 2015,
accruing a fine of $27,000 and administrative fees,
Ms. Springer was contacted in June for lien reduction and the Respondent did not have
the Business Tax Receipt. It could not be issued because the permit he pulled was not
finalized. They had to remove trash and debris, unlicensed, inoperable vehicles and
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida August 19, 2015
there were outstanding water bills. The property was eligible for lien reduction on
August 6, 2015.
Nabil Kishk, the property owner, explained there is a general contractor working with
him. The house was a foreclosure and people were doing drugs in the house. Officer
Weixler entered the property illegally, He claimed his worker was a burglar, he
requested Police assistance to come in and take a picture. The house had two rooms
that had no closets. He spent $37K on the home, Mr. Priest from the Building
Department explained because he constructed closets, the project was a new
construction. The work was done, but the problem was the blueprint and he could not
finish. He requested more time
Ms. Springer had photographs she showed to Ms. Ellis and the Respondent, She
explainOd the problem was he did the work before the permits were issued.
Based on the testimony, Ms. Ellis reduced the lien from $27,000 to $2,500 plus
administrative costs.
Case No. 10 Prime Property of the Palm Beaches Inc. 550 NW 1 3�h Ave n Lru
Ms, Springer presented the case. The Notice of Violation was sent December 3, 2010,
regarding storing vehicles in a residential zone and obtaining a Business Tax Receipt
for rental property. The case was heard January 19, 201 and no one appeared. The
compliance date and fine set was January 29, 201 or a fine of $400 a day would be
imposed thereafter. The violations were corrected on July 29, 2015, accruing a fine of
$666,400 plus administrative fees. The only thing the Respondent had to do to comply
was pay two outstanding water bills.
Kevin Ball re, representing the owner, explained he was originally cited for the
Business Tax Receipt and inoperable vehicles. In 2010, he obtained a printout and it
said he had the license. He thought the issue arose from a tenant. He was upside
down on the property which was a multi-family property he was trying to sell. When he
obtains the 2015 Business Tax Receipt, he will have to pay for the back years. Ms,
Springer thought he paid for the Business Tax Receipt, but did not call for the
inspection.
Given the testimony and amount of the lien, Ms. Ellis reduced the lien to $10,000 plus
administrative costs.
0
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
LIVE OAK DARK LLC
Respondent's),
CASE NO. 14 -2050
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on Aug ust 19 2015 pursuant to Chapter Two, Article hive 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:
1. This Magistrate has subject matter_jurisdic( ion of this cause and jurisdiction over the Respondent.
2. The Respondent has nzet all the lien reduction procedures established by the City Code of Ordinances.
2. The lien imposed by the Magistrate on December 17, 2014 on the Property located at 410 NE 26` Ave..
Boynton Beach, Florida, with the legal description of:
BOYNTON RIDGE LT 12 BLK 4, according to the plat thereof as recorded in flat Book 24, Page 28, of the Public Records
of Palm Beach County, Florida,
PCN: 08- 43- 45- 15 -07- 004 -0120 is REDUCED TO $3,134.12.
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 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 lion 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 hen
reduction.
!? DOIa I AND ORDFRFID
2015,
after hearing at City of Boynton Beach, Palm Beach County, Florida thisq-day of
Carol D. Ellis
CODE COMPLIANCE; MAGISTRATE
ATTEST:
0
'QUA u , o 111
CITY CLERK'S FI C