Loading...
11-331 - BankUnitedThe Ci o Bo nton Beach Police Department "A CFA Accredited Law Enforcement Agenc]y 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 742 -6100 Fax: (561) 74-' G. Matthew Inamier, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (56I) 742 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: December 8, 2011 City Commission Code Compliance Division Code Compliance Case #11 -331 OjN POLIO i5 n p 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 Board Boynton Beach, FL November 16, 2011 encountered was each time they fixed the dwelling, it was vandalized, and trash was dumped at the premises. As a result, the property could not pass inspection. He spent about $7,540 on the property and has had the contract since August 2, 2011. The contract amount was $49,000. He stated the home was a duplex investment property. Officer Roy testified he inspected the home and the inside needed to be gutted and repaired. Currently, the home was vacant. A recent photograph of the propertywas distributed to the Board. Officer Melillo, Senior Code Compliance Officer, also stated he took over the area last year, and the property was vacant at that time as well. Based on testimony and evidence presented in Case No. 09 -1586 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 fines instituted in the aforementioned case, by virtue of this Board's Order of July 15, 2009, to an amount of $5,000, including administrative costs. Mr. Cole seconded the motion. Chair Costantino inquired if the members wanted to zero out the fine because there was another case on the property. Mr. Foot was opposed to the idea. Vote The motion passed 4 -1 (Mr. Foot dissenting.) Case No. 11 -331 BankUnited 197 SE 27th Place Officer Roy presented the case. The notice of violation was February 7, 2011, for violations pertaining to registration of foreclosure property, mowing, trimming, removing trash and inoperable vehicles, and securing the building. The case was heard on March 16, 2011, and no one appeared. The Respondent was ordered to comply by March 26, 2011, or incur a fine of $250 per day. The violations were corrected on October 7, 2011. The accrued fine totaled $48,500. Eddie Arboleda, Remax Park Creek, 5481 Wyles Road, Suite 504, Coconut Creek, stated the property had the same problem as the previous case. He removed the car just after the property was cited. M tion Based on testimony and evidence presented in Case No. 11 -331, and having been advised that the Respondent has complied with all lien reduction procedures set forth in 61 Meeting Minutes Code Compliance Board Boynton Beach, FL November 16, 2011 Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case, by virtue of this Board's Order of March 16, 2011, to an amount of $2,000, including administrative costs. Mr. Alexis seconded the motion that unanimously passed. Case No. 11 -2569 Property Address: Violation(s): George Hommel & Mary Ellis 2151 NE 1st Street CO CH15 SEC 15- 120(D) Inc. CO CH10 SEC 10 -56(C) BBA FBC '07 ED. 105.1 Secure pool. Repair fence and gate. Remove trash and debris from property and unpermitted structure in the rear yard. Fix gaps in the fence. Vestiguerne Pierre, Senior Code Compliance Officer, reviewed the above violations and stated the Respondents were present. George Hommel and Mary Ellis, 2151 NE 1st Street, pled no contest and showed photographs to Officer Pierre reflecting the violations were corrected. Officer Pierre advised the last time he inspected the premises, there were still outstanding violations remaining. In the past, there had been a near drowning with Mr. Hommel's grandchild in their pool, and the Respondents were working with staff to correct the violations. The incident occurred because of an open gate, not the gap in the fence. Officer Pierre distributed photographs to the Board. Ms. Ellis commented they installed an alarm on the outside of the gate, and the gate is kept locked. Should the gate be opened, an alarm would sound. Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that this Board find that George Hommel and Mary Ellis are in violation of the City of Boynton Beach Code sections Cited and moved to Order that the Respondents correct the violations on or before November 26, 2011, The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $500 per day for each day the violations continue past November 26, 2011, plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Mr. Alexis seconded the motion that unanimously passed. 19 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 11 -331 BANKUNITED 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 November 16, 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 March 16, 2011 on the Property located at 197 SE 27` PI., .Boynton Beach, Florida, with the legal description of: SEACREST ESTATES LT 30, BLK 3, according to the plat thereof as recorded in Plat Book 24, Page 245, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 33- 08- 003 -0300 is REDUCED TO $2,000.00. 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. 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 this + day of d0CA0-J , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD 4� ATTE r> Cl Y CLERK F ILE D DEC 0 5 2011 copies furnished: � Honorable Mayor and the City tommissionS QF��C� City Attorney City Clerk Respondent 2