13-696Police 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 Division
Phone: (561) 742-6120
PAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: March 14, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-696
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".
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 Special Magistrate Hearings
Boynton Beach, Florida February 17, 2016
Ms. Springer presented the case. The notice of violation date was July 21, 2009. The
Magistrate hearing was .September 16, 2009, and no one appeared. The compliance
date was set at September 21, 2009. The fine proposed was $250 a day. The property
compiled on May 14, 2010, for 234 days of non-compliance at $250 a day for a fine of
$58,500 plus administrative fees of $730.15. Ms. Springer stated it was a referral from
the fire department; it failed an inspection for the sprinkler systems and fire
extinguishers.
Gerard Collins, Esq., attorney representing the Bayfront Boynton Beach
Townhomes, said it was the same situation as for the previous case. He thought the
lien should be dramatically reduced.
Decision
Based on the testimony of both parties, Ms. Ellis reduced the lien of $58,500 to $1,500
plus the administrative fees of $730.15.
F. Lien Reductions —New
Case No. 13-69,6 Dalland Properties LP
Property Address; 1930 NW 2 Court
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 17, 2013. The
Code hearing.was on June 19, 2013, and no one appeared. Compliance date and fine
set was July 4, 2013 or $300 a day. Case came into compliance on December 11,
2013; there were 159 days of non-compliance at $300 a day for a total lien of $47,700
plus administrative fees of $634.12.
Alts. Springer said that when Dalland owned the property in 2014, they contacted her;
she .had a list of six items to be repaired. Every time Code re -inspected, some items
were fixed, but not all, and new ones were added. When they returned in April, there
were electrical problems, soffit problems, etc. The new owner purchased the property
with all its problems and have brought it into compliance. They went out for inspection a
total of nine times when Dalland owned the property.
Steven Platzek, attorney for the new owner, said his client purchased the property
around July 17, 2015, knowing there were issues. They brought the property into
compliance, spending approximately $50,000 in the process. He asked for a substantial
reduction in the lien.
15
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida February 17, 2016
Based on the testimony Ms. Ellis reduced the lien of $47,700 to $1,500 plus the
administrative costs of $634.12.
Case No. 14-511 IH2 PROPERTY FLORIDA LP
Property Address: 424 NE 15 Court
Violation(s): CO CHI SECT 13-16.
CO CH15 SECT 15-120 (INC)
Apply for and pass inspection for
Business Tax Receipt for rental
property. Mow, weed, trim overgrown
yard and swale areas. Remove trash
and debris.
Ms. Springer presented the case. Notice of violation was sent on March 14, 2014. The
Code hearing was on May 21, 2014, and no one appeared. Compliance date and fine
set was May 31, 2014, or $200 a day. Case came into compliance on January 29,
2015; there were 242 days of non-compliance at $200 a day for a total lien of $48,400
plus administrative fees of $634.12.
Ms. Springer .stated she was contacted in February 2015 and found a multitude of
violations which prevented the inspection from passing. It was discovered later that one
of the bedroom air conditioning units was not functioning properly, and one bedroom
window did not open. The property was re -inspected in September, but they could not
access the rear of the property. Inspection passed on October 8, 2015, but the 2016
Business Tax Receipt had not been paid. When they went out again, they found more
issues. It finally passed inspection on January 28, 2016.
William Overfelt, with IH2 Properties, said they had resident issues and are waiting
on a utility easement for a fence.
Based on the testimony;: Ms. Ellis reduced the lien.to $1,500 plus administrative fees of
$634.12.
Case No. 12-1381 Bank of New York Trustee
Property Address: 137 SE 8 Avenue
Violation(s): CO CH10 SECT 10-51.5 INC
Mow weed and trim all overgrowth.
Remove outside storage. Replace
ripped and missing screens. Replace
missing windows. Repair concrete over
16
CITY OF BOYNTON BEACH
Petitioner,
VS.
DALLAND PROPERTIES LP
Respondent(s).
CFr' OF BOYNTON BEACH, FLORIDA
CASE NO. 13-696
LIEN MOIDIFICATIO ORl(DFR
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on JanuarX22,2016
, 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:
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 imposed by the Magistrate on June 19.2013 on the Property located at 1930 NW 2°d Ct.. Boynton
Beach, Florida, with the legal description of:
ROLLING GREEN RIDGE 1 s,r ADD LT 13 BLR 26, according to the plat thereof as recorded in Plat Book 24, Page
223through 226, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-16-01-026-0130 is REDUCED TO $2,134.12.
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
ATTEST:
9TY CLERK - r
(�copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
of D. Ellis
CODE COMPLIANCE MAGISTRATE
Cliff' CLERK'S OFFICE