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10-1655 - Duetsche Bank Nat'l TrustThe City o f Bopnton Beach Police Department "A CFA Accredited Law Enforcement Agenc_i 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 7426100 Fax: (561) 742 -6185 G. Matthew Immler, Chief of ,Police Code Compliance Phone: (561) 742 -6120 Fax: (561 7426383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: November 2, 2011 City Commission Code Compliance Division Code Compliance Case #10 -1655 ¢G g�POL�IQ L � ' . 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 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL Motion October 17, 2011 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, Mr. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $3,000 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -1655 Duetsche Bank Nat'l Trust 1800 NE 2 " Lane Ms. Springer reviewed the case. The property was cited June 1, 2010, for graffiti on the building. The property was overgrown and had trash and debris. The case was heard July 21, 2010. No one appeared. A compliance date was set for July 31, 2010 or incur a fine of $100 per day. Compliance was documented on September 30, 2011, having 425 days of non - compliance. This would have the same explanation as the previous case, as it is an on -going situation. Diane Balsara, Nautica Reafty, 1200 South Federal Highway, Suite 307, advised the same facts related to this case. She felt, given the price of the property, and the amount of money already spent, the lien should be reduced to zero. Mr. Foot commented there were expenses relating to this and did not feel it could be zeroed out, There was discussion on what an appropriate fine amount would be due to the violation. 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, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of $1,500 including administrative costs. Mr. Alexis seconded the motion. The motion failed 2 -4 (Ms. Carroll, Ms. Yerzy, Mr. Cole and Vice Chair Yerzy dissenting), 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of 4 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL October 17, 2011 $634.12 which were the administrative costs. Vice Chair Yerzy seconded the motion. The motion passed 4 -3 (Chair Costantino, Messrs. Foot and Alexis dissenting), Adjournment Motion There being no further business to come before the Board, Vice Chair Yerzy moved to adjourn. Mr. Alexis seconded the motion that unanimously passed. The meeting adjourned at 6:56 p.m. Ellie Caruso Recording Secretary CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 10 -1655 DEUTSCHE BANK NAT'L. TRUST Respondent(s). 1 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on October 17, 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: 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 July 21, 2010 on the Property located at 1800 NE 2"' Ln.,. Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 1 sT ADD LT 18 BLK 31, according to the plat thereof as recorded in Plat Book 24, Pages 223 through 226, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -16 -01 -031 -0180 is REDUCED TO $634.12. 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. G. 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 thisday of C-A� , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ( 9r x y CLERK F I L E ID OCT 2 7 2011 copies furnished: CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Cleric Respondent 2