13-575 Litha MilfortPolice Department
"A CFA Accredited Lata Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Jeffrety, Katz
Chief of Police
Cade Compliance Division
Phone: (551) 742-6120
FAX (561) 742-6838
Date: November 13, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-575
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)
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.
ru The City Commission shall direct staff to take action consistent with their review
of the "Lien Modification Order".
I, , 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/Lien Reduction Magistrate Hearings
Boynton Beach, Florida October 21, 2015
mmwm'-�
Case No. 13-2174 US Bank National Association 2741 NW I't Street
Ms. Springer presented the case. The Notice of Violation was sent September 30,
2013, regarding a Business Tax Receipt Inspection, repair damaged concrete columns,
mow and trim overgrown yard areas, and remove trash and debris. The case was
heard November 20, 2013, and no one appeared. The compliance date and fine set by
the Board was December 5, 2013, or a fine of $300 a day would be imposed thereafter.
The violations were corrected on September 30, 2015, accruing a fine of $198,900 plus
administrative fees of $734.15.
Ms, Springer was contacted for a lien reduction inspection in August which revealed
they had to sod the swale, remove or register the vehicle with no tag, repair the fence,
install screens on the windows and obtain a Business Tax Receipt and Certificate of
Use for a rental property. An inspection on August 24, 2015, revealed the windows and
fence were installed without permits. They passed the Business Tax Receipt inspection
on September 30, 2015, and the lien reduction inspection on October 1, 2015.
Jacqueline Kuyk, Esq., representing the property owner, explained this was a
foreclosure property. It was purchased in September 2014, and they did not have
knowledge of the lien because it did not appear in the title search. The owner
attempted to sell the properly and learned of the issue. There was a contract on the
property. The Property Appraiser valued the property at $50,000. In 2014, the value
was $47,000. The listing price was $175,000. Jacob Monde, the owner, purchased the
property for $81,000. It was a distressed property and he invested a lot to repair it, The
windows were installed before he took ownership and he did not know about the fence.
He was renting the property and had to evict the tenants to make the repairs. The
property is now vacant. They requested a reasonable reduction
Decision
Given the testimony, Ms. Ellis reduced the lien to $10,000 plus administrative fees of
$730.15.
Case No. 13-575 Litha Milfort 504 NW 8"' Street
Ms. Springer presented the case. The Notice of Violation was sent on March 29, 2013
for outside storage, tires, mattresses, bedframes, broken glass, remove trash and
debris and others. The Respondent was to mow the grass and trim bushes and hedges
including the rear swale area. The case was heard on May 15, 2013, and Litha Milfort
appeared. The compliance date and fine was May 30, 2013, or a fine of $100 a day
thereafter. The violations were corrected on September 21, 2015, accruing a fine of
$84,300 plus administrative fees of $634.12. To be eligible for lien reduction they had
to repair the driveway and pay an outstanding water bill,
24
Meeting Minutes
CodelLien Reduction Magistrate Hearings
Boynton Beach, Florida October 21, 2015
Jacob Monde, the current owner, purchased the property from the bank as a
foreclosure, Ms. Milfort was the prior owner before the bank took possession. The title
search did not show the violation and when he became aware of the lien, he contacted
Ms. Springer. He paid $112,000 and he was trying to refinance. The assessed value is
$113,000, and the property is now rented,
Decision
Ms. Ellis reduced the lien to $5,000 plus $634.12 in administrative fees.
Case No. 14-5 A Fresh Start LLC 2830 SW 51h Street
Ms. Springer presented the case. The Notice of Violation was sent January 2, 2014 for
a Business Tax Receipt needed for a rental property. The case was heard on April 16,
2014 and no one appeared. The compliance date and fine was April 26, 2014, or a fine
of $50 a day. The violations were corrected on September 4, 2015, accruing a fine of
$24,750 and administrative costs of $634.12.
Ms. Springer was contacted in September and the Respondent needed to trim the
overgrown yard and hedges, weed the driveway, secure the pool and house, repair the
soffits, remove trash and debris and repair the door on the rear porch. The property
was re -inspected and sod in the front and side was needed and the pool seal was not
secured. It also needed a self -latching gate. The owner met with the Code Officer who
explained how to correct the gate. The property was re -inspected on September 14,
2015 and it was eligible for lien reduction.
Stephen Carroll, A Fresh Start, and Rob Burkhardt, the property owner, advised the
property transfer was made in September of this year. Mr. Carroll explained he obtained
the property to rent to a family friend while they were in school in Florida. The address
on the Property Appraiser's site was incorrect and they did not know about the Business
Tax Receipt. He also had to install a new flat roof and air conditioner on the home. He
finally sold the property and moved on. The property sold for $240,000 and he
purchased the property for $215. He sodded the lawn and wants to do a lot of work on
the home as he wants to live there.
Ms. Springer advised the owner of A Fresh Start did appear at some point and
explained the mailing address was incorrect, Ms. Springer agreed the address was
incorrect, They certified the fine and they had posted the property.
Ms. Ellis reduced the lien to $1,000 plus $634.12 for administrative fees,
25
CITY OF BOYNTON BEACH
Petitioner,
VS.
LITHA MILFORT
Respondent(s).
CI'T'Y OF BOYNTON BEACH, FLORIDA
CASE NU. 13-575
LIEN MODIFICATION ORDER
THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on October 21, 2015, pursuant to Chapter TN o, Article Five of the City Code of Ordinances.
The Magistrate having corssidered 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 matterjurisdiction of this cause and jurisdiction over the Respondent.
2. The Respondent has met a.l] the lien reduction procedures established by the City Code of Ordinances,
3. The lien imposed by the Magistrate on May 15, 2013 on the Property located at 504 NW 8`h St., Boynton
Beach, Florida, with the legal description of:
GORDON PARL LT 12, according to the plat thereof as recorded in Plat Book 55, Page 1 11, of the Public Records of Palm
Beach County, Florida,.
PCN: 08-43-45-20-15-000-0120 is REDUCED TO $5,634.12.
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 Curther action by the Code Compliance Magistrate or the City Commission shall be pennitted regarding lien
reduction.
DUNE AND ORDERED atter hearing at City of Boynton Beach, Palm Beach County, Florida this -�g day of
4iA- 2015.
ATTEST:
TY CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CUBE COMPLIANCE MAGISTRATE
N110V 1L 3 2015
CITY CLERK'S OFFICE