15-1376,�a Ptd',. °�
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Phone.Police Department
100 B. Boynton Beach Boulewrd
Boynton Beack Moll 33425-0310
56. 742-6100
JeffreyKit
Chief of
Pblice
Code Cbmphance Divisibn
Phone. (551) 742-6120
FAX (561) 742-6838
Date: June 20, 2016
To: . City Commission
From: Code Compliance Division
RE: Code Compliance Case 915-1375
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:
® Said review must occur within thirty (30) days of the request for review.
1:111 11 Jill I
r1wjKFTTr,rjT-TrM 1,17,77AT-MR717 WL 10
a The City Commission shall direct staff to take action consistent with their review
of the Lien Modification Order".
hereby..st e City agees
Ol to place the above referenced on the next available o , io
Agenda•
Signed on this date, the day of 20—.
1
4.
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS.
GOLFVIEW HARBOUR ESTATES INC.
Respondent(s).
CASE NO, 15-1376
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on ARQ L0, 20161 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.
The lien imposed by the Magistrate on August 19.2015 on the Property located at 1447 SW 25'h PI., Boynton
Beach, Florida, with the legal description of.
A PORTION OF GOLF VIEW HARBOUR ESTATES AS RECORDED IN PLAT BOOK 41, PAGE
111-116 AND AS PARTIALLY REPLATED BY REPLAT OF GOLF VIEW HARBOUR ESTATES,
according to the plat thereof as recorded in Plat Book 46 Page* 142-144, of the Public Records of Palm
Beach County, Florida.
PCN: 08-43-45-32-13-016-0010 is REDUCED TO 21,634.12.
5. The City shall prepare a release and satisfaction consistent with this Order.
6. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
7. 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 thisj!"day of
2016.
ATTEST:
qi�IY� CLERK ---'rAJ4V1f
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
N--
Case No. 15.1376 Goifvlew Harbor Estates Inc.
Property Address: 1445 SW 25 Place
Violation(s): Land Development Regulations, CH4
ART 3, SECT 3 D 2
Site plan approval required from
Planning and Zoning Department for
change of building color.
Mr. Yannuzzi presented the case. Notice of violation date was June 11, 2015. The
Code hearing was on August 19, 2015, and no one appeared. Compliance date and
fine set was September 18, 2015, or $100 a day. Case came Into compliance on March
7, 2016; there were 170 days of non-compliance at $100 a day for a total lien of
$17,000 plus administrative costs of $634.12. There were no water bill or tax issues.
Inspection was done on March 8, 2016, and it is In compliance.
Ralph Skarecki, Quality Management, Managing Agent for Golfview Harbor
Estates, recounted the series of miscommunications on the case. He was under the
Impression that the matters were handled. He did not find out about the nature of the
Code complaint until January of 2016. The HOA does not feel they should pay any fine.
Ms. Springer said there were two issues with the original case: the ladder, and the
painting of the buildings. The City was under the impression that the HOAs were all
under one, but they were in fact two. They then took the violation for the ladder and the
deck off his violation, so only the painting remained. All mail went to a common
address. She read an email of September 2015 into the record from Steven Rappaport
(attorney): "[He has] documents that appear in the City of Boynton Beach regarding
what appears to be a hearing to discuss non-compliance. Apparently it appears to
relate to the failure of the Association to bring a site plan approval changing the colors
of the building. I'm not familiar with this, but let me know if you need our involvement, or
if you have any questions."
Ms. Springer asserted that they were aware of the problem then, although Mr. Skarecki
said the HOA did not know it was for the painting of the buildings.
Ms. Ellis explained the nature of lien reduction.
Ms. Springer had three emails to discuss — the first from her assistant Norma Smith on
August 3, 2015: "Mr. Pierre, The violation at 1440 SW 28 Avenue, Unit 9, has been
deleted from the violation notice, your violation notice for Case No. 15-1376." Prior to
that, Ralph Skarecki sent an email to Officer Pierre on July 28, 2015: "Here's a Code
Complaint you sent. I'm having trouble understanding complaint. I believe you sent this
in error." Officer Pierre's response was: "The HOA must have a site plan approval from
Planning and Zoning before changing the color of the building."
Ms. Ellis again stated she cannot revisit actions from the past.
4 0.
Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus the administrative
costs of ::