10-3611Police Department
"A CFA 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
FAX. (56I) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: July 27, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10-3611
In accordance with City Ordinance, Chapter 2, Article V; Sec. 2-90, the enclosed "Lien
Modification Order" is hereby forwarded to you for review. As required this Ordinance,
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_,
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 10-3611
MARIO CASTILLO AND YOHAIRA CASTILLO
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on JUNE 15, 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 APRIL 20, 2011 the Property located at 1503 NE 2ND CT.,
Boynton Beach, Florida, with the legal description of
1sT ADD TO ROLLING GREEN LT 12 BLK 15, according to the plat thereof as recorded in Plat Book 24, Page 86, of the
Public Records of Palm Beach County, Florida,
PCN: 08-43-45-21-02-015-0120 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 further action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien
reduction.
'j ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 26ay of
I , 2016.
ATTEST:
TY CLERK -Zv��
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
1
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Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
,UL 2 5 &U
G1 CLERK'S ome%r
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida June 15, 2016
Case No. 10-3611 Mario Castillo & Yohaira Castillo
Property Address: 1503 NE 2 Court
Violation(s): CO CH13 SECT 13-16
Renting unit without first obtaining a
Business Tax Receipt.
Mr. Yannuzzi presented the case. Violation date was December 20, 2010. Magistrate
hearing and date was February 16, 2011, and no one appeared. The compliance date
was March 3, 2011, or $100 a day. Date complied was May 26, 2016. There were
1,910 days of non-compliance at $100 a day for a total of $191,000. There were 4
inspections for a total administrative cost of $384.12, and affidavit filing costs of $250 for
a total administrative cost of $634.12.
There were also two inspections done for lien reduction request. The first request was
on March 21, 2016. There were no outstanding water bills, property taxes, or other
monies due to the City. An inspection was done on March 24, 2016, and numerous
violations were discovered. A re -inspection was done on May 26, 2016, and all issues
complied.
Brandon Weitzman, attorney for Mr. and Mrs. Castillo, stated that personal and
financial hardships (namely the divorce) prevented them from appearing earlier. The
divorce resulted in them not communicating for several years. Mr. Castillo remained on
the property. On the day of the lien reduction hearing, a statement was made regarding
Mr. Castillo's cousins living on the premises that resulted in them being removed from
the lien reduction hearing. The case sat dormant for three years. He believed they did
not appear because there was no communication and they did not understand the
severity of the proceedings, and they thought they were in compliance. The unit was
never rented out — it was family members living there. He had made a statement that
the cousins were assisting in paying the mortgage, which was incorrect. They had been
co -habiting.
Mr. Weitzman presented some items from the file pertaining to whether the property
was rented.
Ms. Ellis asked if the property had been homesteaded throughout the time. Mr.
Weitzman noted it was homesteaded in 2008, but possibly removed within the last two
years. The property was vacated in early 2014. Mr. Yannuzzi said that once they
engaged with the City, they did whatever they could do in a timely manner.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus the administrative
costs of $634.12.
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