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08-1042 - Brenda L. Doyle BrinsonThe City o f Boynton Beach Police Department A CFA Accredited Law Enforcement Agenci 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 3342503I0 Phone: (561 742 Fax: (561 742-6185 G. Matthew Imrnler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: October 20, 2011 City Commission Code Compliance Division Code Compliance Case #08 -1042 -- F - . 5 �'' r 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 Manager's Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) D 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 , 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Vote Discussion followed the fine was too high. Vice Chair Yerzy amended his motion to reflect a fine of $2,634.12, Mr. Foot seconded the motion that unanimously passed. Case No. 08 -1042 Brenda L. Doyle Brinson 1824 Edgewater Dr. Officer Roy presented the case. The notice of violation was April 1, 2008, for violations pertaining to repair of the patio roof and to secure the openings of the structure. The case was heard on May 21, 2008, and no one appeared. The Respondent was ordered to correct the violations by May 31, 2008, or incur a fine of $1,000 per day. The violations were corrected on May 6, 2011. The accrued fine totaled $1,069,000. Officer Roy explained there were numerous emails to Ms. Springer indicating the property was secured; however, each time the inspector arrived, the property was vandalized. The Respondents were making an effort. Patricia Johnson, 3960 Hypoluxo Road, Boynton Beach, representing the listing broker for the Bank was present. She testified they received the listing on July 8, 2011. They paid nearly $6,000 in repairs for the fence, painting, fascia, sliding glass doors, screens and windows, screen enclosure, deep cleaning, and maintenance of the exterior. It was noted there was no pool, but there was a high fine because the property was unsecured. The property was listed at $110,000 and was not currently under contract. The dates of the emails from Brian Tenais of Century 21, the previous listing agent, were April 20, 2011, May 5, 2011, June 30, 2011, and July, 2011. Mr. Foot thought a fine of $10,000 would be appropriate; however, Ms. Johnson hoped for $1,000 plus administrative costs. She stated the property was listed at $110,000, but it has termites. She hoped they would get $80,000 for the property. Motion Based on the 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 fine instituted in the aforementioned case by virtue of this Board's Order of May 21, 2008, to an amount of $10,000 including administrative costs. Mr. Foot seconded the motion. The motion passed 5 -1 (Ms. Carroll dissenting). CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 08 -1042 BRENDA L. DOYLE BRINSON Respondents). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on September 21, 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: 1. 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 Mav 21, 2008 on the Property located at 1824 E&, Dr., Boynton Beach, Florida, with the legal description of: STONEHAVEN PL 1 IN PB48P 1 LT 156, according to the plat thereof as recorded in Plat Book 48, Page 1, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 30 -17- 000 -1560 is REDUCED TO $10,000.00. 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 thir-_�-& day of , 2011. N� Wa ► , I � I Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: L M- P X"j. C-S)-TY CLERK le a I=ENJ OCT 042011 )r and tai ULER"OFFICE 2