Loading...
12-1448-4 P Police Department 'A CFA Accredited Law Enforwatent Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Iratz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX.- (561) 742,6838 Date: February 12, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1448 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 Managers Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) ca 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". 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 , 20_- Fleeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida January 20, 2016 CO CH15 SECT 15-120 D INC Apply for and pass inspection for Business Tax Receipt for rental property. Remove washer and dryer from the driveway. Ms. Springer presented the case. Notice of violation was sent on November 12, 2014. The Code hearing was on January 21, 2015, and no one appeared. Compliance date and fine set was January 31, 2015 or $100 a day. Case came into compliance on June 13, 2015; there were 132 days of non-compliance at $100 a day for a total fine of $13,200 plus administrative costs of $634.12. There were a total of four lien reduction inspections. The City was contacted In June of 2015 for lien reduction inspection. They had to obtain a permit for the newly installed windows and remove a tree trunk from the yard. The City was contacted again in October of 2015; the permit was pulled and final, but the tree trunk still existed. The next inspection was requested in November, 2015. It was re -inspected on November 23, 2015, and the property needed to be mowed. It is now satisfactory for lien reduction. Barbara Moskowitz (Fields), a Property Manager for NHO Real Estate USIA LLC, stated that the tenant would not allow access to the property and would not comply with anything. They tried to get everything done, and did not know about the washer and dryer until the violation was received. At that point, she called the tenant, he left and they removed the washer and dryer. She said problems continued, with the tenant breaking a window at one point. They have had a new tenant since September, and she is cooperative. Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current lien of $13,200 plus administrative costs of $634.12 be reduced to $1,500 plus administrative costs of $634.12. Case No. 12-1448 Citibank NA Property Address: 653 SW 1 Court Violation(s): CO CH10 SECT 10-51.5 INC Remove bees around electric meter. Remove inoperable vehicle and outside storage. Mow, weed, and trim all overgrowth. Replace missing jalousie windows. Ms. Springer presented the case. Notice of violation was sent on August 1, 2012. The Code hearing was on September 19, 2012, and no one appeared. Compliance date and fine set was September 29, 2012, or $250 a day. Case came into compliance on 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida January 20, 2016 November 9, 2015; there were 1,135 days of non-compliance at $250 a day for a total fine of $283,750 plus administrative costs of $634.12. There were an additional three lien reduction inspections. The City was contacted in 2012 by' a bank representative and was' -told the property was occupied and they could not gain access. The next time the City was contacted was in November of 2015; the outstanding water bill was paid, and they had to sod and trim the palm fronds. The property passed inspection in December, 2015, for lien reduction. Bernadine Jones, Property Manager, stated they purchased the property in December of 2014 and brought the property into compliance "right away." She has invoices and brought before and after photos. Ms. Ellis asked if the house was now on the market, and Ms. Jones said they just closed on it. It sold for $185,000. The invoices add up to $50,527 for work done. Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current lien of $283,750 plus administrative costs of $634.12 reduced to $15,000 plus administrative costs of $634.12. Case No. 09-3233 Realty Acquisitions and Trust Property Address: 2319 S f=ederal Highway Violation(s): CO CH 10 SECT 10-2 CO CH10 SECT 10-56 B and G Mow, weed and trim property. Remove trash and debris. Remove or trim all Florida Holly. Ms. Springer presented the case, noting there are two cases for this. property. Notice of Violation was sent on July 7, 2009. The Code hearing was on November 8, 2009, and no one appeared. Compliance date and fine set was November 28, 2009 or $100 a day. Case came into compliance on December 16, 2009; there were 17 days of non- compliance at $100 a day for a total fine of $1,700 with plus administrative costs of $634.12. Ms. Springer said they just had to pay a municipal lien. The City mowed the exterior of the property, but a fence prohibited them from mowing all the property. The cost for that was $445.92. It is a vacant lot. Les Stevens, attorney on behalf of the Securities and Exchange Commission as well as Nukles LLC, the potential contract buyer for the property, had a copy of various filings dealing with the property. The property was seized by the SEC for securities violations in December, 2014, A liquidating agent was not appointed until November, 2015. He said they were more concerned with the next case, and requested that since this case was inherited, that it be reduced down for administrative costs purposes as the 18 CITY OF BOYNTON BEACH Petitioner, VS. CITIBANK NA Respondent(s).. CASE NO. 12-1448 THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on .lannM 20, 2016. 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 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 SeRtemmber 19, 2012 on the Property located at 653 SW I a Ct, . Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTS PL 1 X128 FT OF LT 13 & LT 14 BLK 6, according to the plat thereof as recorded in Plat Book 13 Page 32, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-01-006-0131 is REDUCED TCP 815.634.12 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 mortified 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 Beach, Palm Beach County, Florida this `'"day of sCarol D. Ellis ' CODE COMPLIANCE MAGISTRATE ATTEST: /CITY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent 0 q r. EB 0 5 2916 CITY CLERK'S OFFICE