12-1212 Big Sky Real Esstate Investment LLCf M"WA
Police 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: November 13, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-1212
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:
D 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)
r-1 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.
j 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 1 20_
Meeting Minutes
Code/Lien Reduction Magistrate Hearings
Boynton Beach, Florida October 21, 2015
Case No. 12-1212 Big Sky Real Estate Investment LLC 1660 Renaissance
Commons Blvd. 2323
Ms. Springer presented the case. The Notice of Violation was sent June 26, 2012 to
pass inspection for a Business Tax Receipt. The case was heard December 19, 2012
and no one appeared. The compliance date and fine was January 13, 2013 or $100 a
day fine. The violations were corrected on March 5, 2015, accruing a fine of $6,000 plus
administrative fees of $730-15. Nothing needed to be done for lien reduction. The
property was in total compliance.
Anthony Polimeni, the owner of the LLC, bought the property in 2011. Mr. Polimeni
owns the LLC, but it was previously owned by him and his father. In June 2012, his
father died, and he did not know of the liens. Certified mail was sent to the father's
office, but they stopped leasing the office after his death. When he applied for a
mortgage, they learned of the lien. In early 2013, he hired Renaissance Management to
manage the property. They sent him the bills for the Business Tax Receipt in 2013 and
he paid them. The property was rented.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus $730.15.
Case No. 14-1012 Colfin Al FL 3 LLC 91 Las Brisas
Ms. Springer presented the case. The Notice of Violation was sent April 25, 2014 for a
Business Tax Receipt needed for rental property. The case was heard June 18, 2014
and Carmen Bengochea appeared. The compliance date and fine was August 23, 2015
or a fine of $100 a day thereafter. The violations were corrected on May 21, 2015
accruing a fine of $29,100 and administrative fees of $634,12.
Ms. Springer was contacted in April for lien reduction, but they did not pass the
Business Tax Receipt inspection because of the lack of smoke detectors in the
bedrooms and they had to pay a water W1. Then they learned an air conditioning permit
was needed. The water bill was paid and the Business Tax Receipt was renewed.
They were eligible for lien reduction as of September 24, 2015.
Melissa Tom, Colony American Homes Project Manager, commented they worked with
the City, and had several different vendors involved with the home, which was occupied.
The issue arose when the resident would not let the inspector enter the premises.
When they gained access, they found additional items, so it took longer to comply,
21
CITY OF BOYNTON BEACH[, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
BIG SKY REAL ESTATE INVESTMENT LLC
Respondent(s),
CASE NO. 12-1212
LIENMODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application fear lien reduction on October 21., 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 liear
amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is
hereupon,
ORD;_ RED 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 unposed by the Magistrate on december 19, 2012 on the Property located at 1660 Renaissance
Commons Blvd. #2323. Boynton Beach, Florida, with the legal description of:
VILLA LAGO CONDOMINIUM UNIT 2323, according to the plat thereof as recorded in Plat Book 43 Page 139, of the
Public Records of Palm Beach County, Florida,
PCN: 08-43-45-17-18-000-2323 is REDUCED TO S1 730,15.
The City shall prepare a release and satisfaction consistent with this Order.
The release and satisfaction shall be recorded in the public records of Palin 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, to 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.
DONT AND ORDERED after hearing; at City of Boynton Beach, Palin Beach County, Florida this � day of
�, 2015.
ATTEST:
C Y CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D s
CODE COMPLIANCE MAGISTRATE
NOV 1, 3 2015
CITY1CLERK'S OFFICE