14-933A
_111 � WO IN
Police Department
"A CPA 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 Dithsion
Phone: (561) 742-6120
FAX (561) 742-6838
Date: February 12, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #14-933
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:
u 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)
L3 Said review must occur within thirty (30) days of the request for review.
a 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 Managers
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 January 20, 2016
Ms. Ellis reviewed an email from Ms. Stokes dated January 19, 2016, at 4:16 p.m. to
Courtney Cain, Vestiguerne Pierre, and Diane Springer. The email says that the "below
mentioned addresses have all been paid." However, the list in the email does not cite
the address of 216 NW 7 Avenue. Mr. Carr stated he would go back and check with
Ms. Stokes.
Julie Hynds requested more time due to the confusion surrounding the payment of the
application.
Decision
Based on the evidence, Ms. Ellis ordered a 5 day compliance date of January 25, 2016,
or $500 a day.
Ms. Ellis recessed the Court for a short break at 1:29 p.m. and reconvened at 1:34 p.m.
E. Lien Reductions -New
Case No. 14-933 Colfin Al FL 3 LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Ms. Springer presented the case. Notice of violation was sent on April 18, 2014. The
Code hearing was on June 18, 2014, and Carmen Bengochia appeared. Compliance
date and fine set was June 28, 2014 or $50 a day. Case came into compliance on May
8, 2015; there were 313 days of non-compliance at $50 a day for a total fine of $15,650
plus administrative fees of $634.12. They did a total of four lien reduction inspections
before it carne into compliance and was eligible to appear before the Court.
Ms. Springer continued, saying the City was contacted in April of 2015; there was an
outstanding water bill, there was still no Business Tax Receipt issued, and they needed
to install smoke detectors, remove trash and debris from the north side of the property
and rear yard, paint the fascia in the rear, and repair the soffit on the north side. The
Code Officer also needed to access the interior of the property to complete the
inspection. It passed inspection on June 18, 2015, for the Business Tax Receipt, but
there was an open permit for the air conditioning that was installed. No inspections
were done, which held up the process of lien reduction. Property was re -inspected in
October and found that the sod needed to be installed, and the sprinkler system had to
be repaired. They were finally satisfactory for lien reduction on December 18, 2015.
Ms Springer advised there are two cases on this property.
13
Meeting, Minutes
Code
_�Rynton Beach, Florida January 20, 2016
Julia Hynds, authorized agent of Colfin Al FL 3 LLC, stated they have spent
$40,000 during the 2015 remediation and compliance effort. She said there was a
difficult resident who was denying access. They were able to comply in November
because they completed an eviction process.
Ms. Ellis asked if Ms. Hynds had any paperwork showing her receipts, and Ms. Hynds
replied in the affirmative. She also showed photos of the property, and Ms. Ellis stated
the photos would also pertain to the next case.
Based on the testimony presented by the City and of the respondent, Ms. Ellis reduced
the $15,650 lien to $4,500 plus the administrative cost of $634.12.
Case No. 14-1598 Coffin Al FL 3 LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH15 SECT 15-120 D INC
Mow and trim overgrown yard. Remove
dead tree and sod the soil.
Ms. Springer presented the case. Notice of violation was sent on July 2, 2014. The
Code hearing was on September 17, 2014, and no one appeared. Compliance date
and fine set was September 27, 2014, or $100 a day. Case came into compliance on
February 23, 2015; there were 148 days of non-compliance at $100 a day for a total fine
of $14,800 plus administrative costs of $634,12.
Jolie Hynds, authorized agent of Colfin Al FL 3 LLC, covered the history of the
property in the previous case.
Based on the prior testimony that relates to the same property and based on the
testimony by the City and the pictures presented, Ms. Ellis reduced the $14,800 fine
plus the $634.12 to $3,500 plus the $634.12.
1711rielf., =77-10j"
Case No, 14-1192 FPM Properties LLC
Property Address: 2931 S Seacrest Boulevard
Violation(s): CO CH13 SECT 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
14 -
CI'T'Y OF BOYNTON BEACH FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 14-933
COLFIN A 1 FL 3 LLC
Respondent(s).
RAMIiu. '+ l'�1"frTTl r Ci ► i
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on January 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 ,lune 18. 2014 on the Property located at 2931 S. Seaerest Blvd. .
Boynton Beach, Florida, with the legal description of;
MISSION HILI, S 100 FT OF NLY 206.69 FT OF LT 8 BLK 4 & SKY RANCH ESTS PB26P94 S 100 FT OF N 206.69 FT
OF PAR A, according to the plat thereof as recorded in Plat Book 24 Page 178, of the Public Records of Palm Beach County,
Florida,
PCN: 08-43-46-04-16-004-0083 is REDUCED TO S5.134.12
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 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
2016.
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
CITY CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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