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09-3904 - Anael Noel & Fritz TorchonThe City of Boynton Beach Police Department A CFA Accredited Law Enforcement Agencr,J' 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 742 -6I00 Fax: (561) 742L6185 G. Matthew.1mmler, Chief of Police Code Compliance Phone: (561 742 -6120 Fax (561) 742L6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: August 9, 2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case 409 -3904 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. E3 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. u 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 , 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 to the Ordinance being enacted. Since that time, to the end of 2010, they were working with the borrower on a reinstatement, and it was their understanding the borrower occupied the premises. The Ordinance requires foreclosure properties to be registered if vacant, or inspected regularly to determine if it is vacant. If the property is vacant, the ordinance requires the property be registered at that time. In this instance, they kept in regular contact with counsel for the borrower who never indicated the client did not occupy the premises. Mr. Barnett's client was unable to gain access to the premises and had moved the Court for an order allowing them to inspect the premises. Judge Hoy signed the order and they entered the premises. Once they acquired the property at the foreclosure sale in early March, prior to the issuance of the Certificate of Title, the client retained a landscaping company to handle remediation of the property. On March 18, the landscaping was complete. In April a sprinkler repair was done; in May, $5,000 was spent to remove interior debris; and on May 29, 2011 over $13,000 was spent for electrical repair. The property was an industrial property formerly occupied by RAV Millwork. Chair Costantino noted the report indicated the property was vacated on August 27, 2010. Attorney Barnett responded they were required to coordinate with counsel to obtain access to the property and they tried on numerous occasions to do so. It was their understanding, working through counsel, the premises were occupied. He was prohibited from contacting the tenant directly. He received no response and on December 9, 2010, they filed a motion to inspect the premises. He commented when the property was obtained, there was a vehicle inside which was subsequently towed and removed. From the exterior, it could not be determined it was vacant, nor did they receive any advice about it from the tenant's counsel. In light of what was done to remediate the property, they requested the lien be reduced to administrative costs. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $4,814.12, including administrative costs. Mr. Alexis seconded the motion that passed 6 -1 (Ms. Carroll dissenting). Case No. 09 -3904 Anael Noel & Fritz Torchon 77 Baytree Circle Officer Roy presented the case, which pertained to a roof permit. The notice of violation was December 15, 2009. The case was heard on February 17, 2010 and no one appeared. A compliance date was set for April 18, 2010 or incur a fine of $50 per day. Compliance was documented on May 9, 2011, having 385 days of non - compliance. t7 Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 Eloise Wexler, Nautica Realty, was the listing agent. Ms. Wexler testified the property was under contract and the title company discovered the lien. They repaired the missing and damaged window screens in the patio and doors. They closed out the permit in May and brought the property into compliance. They have a buyer. The property was listed at $114,500. It was an FHA loan with some closing costs paid for by the seller. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all Gen reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $730.15 which are the administrative costs. Mr. Bucella seconded the motion. After brief discussion about the fine amount, Ms. Carroll amended her motion to reflect a fine of $2,730.15. Mr. Bucella had no objection to the amendment. The motion unanimously passed. Case No. 10 -2280 Lila Delapaz 1606 SW 17th Terrace Liz Roehrich, Animal Control Supervisor, requested a fine certification for one violation of a Cease and Desist Order. The recommended fine was $200 for 'the occurrence dated May 29, 2011. Motion Based on the testimony and evidence presented in the aforementioned case, Ms. Carroll moved that this Board find that the Respondent, on May 29, 2011, did not comply with this Board's Cease and Desist Order dated August 18, 2010, and having considered the gravity of the violation, the actions taken by the Respondent that this Board impose and certify a fine in the amount of $200 per occurrence, for occurrences, plus administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed Case No. 11 -1480 BAC Home Loans Serv. (426 NE 25th Ave.) Property Address: 426 NE 25th Ave. Violation(s): CH10 SEC 10 -51.5 (Inc.) Property that is vacant or subject to default must be registered and maintained per City Code. Mow overgrown yard. Remove trash and debris from property. Luney Guillaume, Code Compliance Officer, presented the case as contained in the notice of violation. The Respondent was present. 10 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09 -3904 ANAEL NOEL & FRITZ TORCHON Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on July 20, 2011, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board 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 board 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: L This Board 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 Board on February 17, 2010 on the Property located at 77 Baytree_Cir., Boynton Beach, Florida, with the legal description of: MEADOWS 300 PLAT NO 1 LT 77 BLK B, according to the plat thereof as recorded in Plat Book 43, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 07 -01- 002 -0770 is REDUCED TO $2,730.15. 1 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 Code Compliance Board 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 Board 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 , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: 9 CY CLERK ' ��® AUG 0 8 2011 copies furnished: CITY CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Clerk Respondent 2