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09-1586 - Gordon BartlettThe City of Boynton Beach Police Department A CPA Accredited Law Enforcement Agenc.4 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 742 -6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 746120 Fax: (561) 74JL6383 LIEN REDUCTION TRANSMITTAL, MEMORANDUM Date: To: From RE: December 8, 2011 City Commission Code Compliance Division Code Compliance Case #09 -1586 A - 111 P In \ � PIFA 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 There was discussion Mr. Kumar spent his own money to bring the home into compliance, and a $1,000 fine may be more appropriate. Mr. Foot disagreed and thought the community suffered. vote The motion failed -3, (Chair Costantino, and Messers. Cole and Bucella dissenting.) MAO Based on testimony and evidence presented in Case No. 10 -603, 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. Cole moved that this Board reduce the fines instituted in the aforementioned case, by virtue of this Board's Order of April 21, 2010, to an amount of $1,000, including administrative costs. Mr. Bucella seconded the motion. Mr, Foot commented the buyer was making an investment, and the cousin would inhabit the home. He saw no reason to favor the applicant. Chair Costantino disagreed and noted times were tough. Sometimes within families, one member is generous to another. Mr. Cole commented the Sank held the home for a year, and he would rather see a family live in the home. Discussion followed the fine of $34,000 accrued due to the Bank failing to register the property. A fine of $2,000 was less than 5% of the fine. The home still needed work, and Mr. Kumar anticipated another $7,000 to $10,000 in repairs was needed. Mq The motion passed 3 -2, (Messers. Foot and Alexis dissenting.) Case No. 09 -1586 Gordon Bartlett 197 SE 27th Place Officer Roy presented the case. The notice of violation was May 22, 2009, for violations pertaining to trash, broken windows, and needing a Business Tax Receipt. The hearing was held on July 15, 2009, and no one appeared. The Respondent was ordered to comply by July 25, 2009, or incur a fine of $200 per day. The violations were corrected on October 7, 2011. The accrued fine totaled $160,000. Chair Costantino noted the next case involved the same property. Eddie Arboleda, Remax Park Creek, 5481 Wyles Road, Suite 504, Coconut Creek, stated he has a contract on the property. Remax acquired the property from Bank United's asset management company. He visited the property on April 13, 2011, and was working with Ms. Springer to bring the property into compliance, The problem he 4 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 $7,500 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. • k 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. to 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. Motion 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 5 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09 -1586 GORDON BARTLETT 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 July 15 2009 on the Property located at 197 SE 27`" Pl., 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 $5,000.00. 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 penmitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Sjlay of 1 2011. t Michele Costantino, Chairperson CODE COMPLIANCE BOARD • AT T: y, n 1TY .LERK F I L DEC 0 5 2011 copies furnished: M Honorable Mayor and the Cit ommissiion � City Attorney City Clerk Respondent 2