Loading...
07-350 - Martin's BBQ, IncThe Ci o Bo nton Beach Police Department "A CPA Accredited Law Enforcement Agenc_4 100 R, Boynton. Beach Boulevard P.Q. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 742-6100 Fax. (561) 742L6I85 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (561) 7426383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 5, 2012 To: City Commission From: Code Compliance Division RE: Code Compliance Case #07450 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. u 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 Lien Reductions Boynton Beach, FL December 19, 2011 close as soon as the lien issue was resolved. The contract price was for $75,000 by someone who would be living in the property. He was requesting the fines reflect the amount of time it took Wachovia to bring the property into compliance, which was a little more than three months, and the amount of money spent. Ms. Carroll inquired as to what the $30,000 covered as far as improvements and Mr. Ben Hama advised he did not have an item by item list. He further advised that Mr. Marchensini was the previous owner and was foreclosed on by Wachovia Bank. The Bank took legal title on April 15, 2011. He requested to reduce the lien to $3,000 and explained the figure was based on how long Wachovia owned the property and the amount of liens and calculated it on a pro rata basis. Ms. Springer advised the Board that the work performed was done between August 16, 2011 and September 8, 2011. 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 18, 2005 to an amount of $3,634.12 including administrative costs. Mr. Cole seconded the motion with discussion. Chair Costantino advised she would like the lien amount to be at least $5,000 plus administrative costs. Mr. Alexis advised he would like to see it go to $6,000 including administrative costs. There was discussion on the legality of the Bank entering the property before it took legal title. The motion failed 3 -3 (Mr. Alexis, Ms. Carroll, Ms. 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, Mr. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 18, 2005 to an amount of $6,000 including administrative costs. Ms. Carroll seconded the motion. The motion passed 5 -1 (Vice Chair Yerzy dissenting). Case No. 07 -350 Martin's BBQ, Inc. 398 Winchester Park Blvd. Ms. Springer reviewed the case. The property was cited February 6, 2007, to bring the property back to the original site plan on file with the City, mow, trim and weed property, remove junk, trash, debris and graffiti. The case was heard February 17, 2010. Jim 4 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL December 19, 2091 Klinker appeared. A compliance date was set for May 18, 2010 or incur a fine of $100 per day. Compliance was documented on September 6, 2011, having 475 days of non- compliance. The new owner, Best Vet, brought the property into compliance. Included in the backup Ms. Springer provided, were minutes that stated the representative from Martin's BBQ stated they had sales on the property. The hearings were tabled and the case was postponed for three years. She received a letter that accompanied the application, written by Mr. Blasie, indicating there was an agreement with the attorney that he would accept the date that the new plan was submitted and approved by the City, rather than bringing the property into compliance which was stated in the application. That would reduce the time to 184 days and $18,430, as opposed to $47,500. Jonathan Chane, 777 So. Flagler Drive, West Palm Beach, Attorney with Greenburg and Traurig, representing the former owner of Martin's BBQ. He requested a fine reduction on this property based on two points. First, his client had cooperated with the City since the inception of this matter, When he came before the Commission in February of 2010, he cooperated with the City and the only outstanding violation at that time was some graffiti and landscaping issues. The graffiti was taken care of shortly thereafter. The only issue left was the landscaping. He advised his client entered into a contract to sell the property. The new owner of the property, Best Vet, was submitting a new site plan to the property. The new site plan would completely change the landscaping of the property and they were performing extensive renovations. At that point, there were many discussions with the City, specifically Attorney Cherof, to discuss the landscaping issue and how it did not make sense to upgrade the landscaping if it was going to get torn out by the new owner as soon as the new construction began. In addition, when the site plan was approved, the property could not be brought into compliance because there was a new site plan that was not in effect when they were the owner of the property. Mr. Crane continued that because there was the outstanding site plan and no certificate of occupancy issued, until the construction by the new owner was completed, Wachovia could not close out the lien that was on the property at the time. He reiterated that Wachovia at all times maintained contact with the City on the issue. He felt the issue was out of their control, mainly the construction that was occurring by the new owner. The site plan approval was ongoing and out of the control of Wachovia because the property was sold. However, Wachovia agreed to remain on the hook for the lien that was on the property. The property has now been brought into compliance and a Certificate of Occupancy issued. Mr. Chane was proposing a reduction in the lien to an amount equal to administrative and hard costs, for a total of amount of $2,612.66. Chair Costantino expressed her concern that the notice of violation dated back to February 6, 2007. Between that time and the time the property was brought into compliance, the property and warnings had fallen on deaf ears. Mr. Chane responded there were several violations on the property that were brought into compliance. The only outstanding issue was the landscaping issue and there was ongoing contact with 5 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL December 19, 2011 the City at all times. He agreed the landscaping was not completed until the new owner installed it citing it would have been a waste of dollars to complete the landscaping only to have it removed by the new owner. Chair Costantino inquired as to the date of the contract of sale and although Mr. Chane did not have the contract, he advised the deed was recorded in October of 2010. Chair Costantino advised there was a notice of violation in 2007 but nothing was done until 2010. She further stated there was a contract in April of 2007, extended 60 days for a sale of the property in June of 2007. After that time, there was numerous contracts that had come and gone and she felt something should have been done back with the issue at that time. Mr. Chane advised real estate deals occur all the time and unfortunately for whatever reason fall through. He had no Knowledge as to why these deals fell through, but advised the current deal was with a phenomenal owner. There was a new site plan approved for the new owner and in order to bring the property into compliance and get the Certificate of Occupancy, the new owner had to bring the landscaping up to the new site plan which was different than when Wachovia was the owner of 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, Mr. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $5,000 including administrative costs. Ms. Carroll seconded the motion with discussion. Chair Costantino requested that the amount not include costs, making the total $6,306,33. The motion was amended and unanimously passed. Case No. 10 -3505 Aurora Loan Services 3935 SE 2 nd Street Ms. Springer reviewed the case. The property was cited December 6, 2010, to remove or register a car and truck in the backyard. The case was heard February 16, 2011. No one appeared. A compliance date was set for February 26, 2011 or incur a fine of $50 per day. Compliance was documented on July 7, 2011, having 130 days of non- compliance. Ms. Springer provided pictures and advised the respondent had been before the board on many occasions and had taken run down properties and turned them into very nice properties. This was one of the properties. The vehicles were not there when he purchased the property. What was required of him to complete for lien reduction in addition to paying two water bills from two previous owners, was to install some new screening. Steven Patrucei, 2700 W. Cypress Creek Road, Suite C103, Ft. Lauderdale advised Aurora Loan Services was not the owner of the property any longer. He advised the company buys properties and fixes them up to revitalize the community. There was a contract on the subject property. The sale price was $135,000. They purchased the [.1 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. MARTIN'S BBQ INC. Respondent(s). CASE NO. 07 -350 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on December 19, 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: I . 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, The lien imposed by the Board on February 17, 2010 on the Property located at 399 Winchester Park Blvd., Boynton Beach, Florida, with the legal description of: 19 -45 -43 PB7P19 NLY 335.64 FT OF SLY 445.48 FT OF TR 42 (LESS NLY 121.95 FT OF ELY 217.61 FT) & 30 FT ABND R/W LYG W OF & ADJ TO, according to the plat thereof as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 19 -05- 042 -0030 is REDUCED TO $6,306.33. The City shall prepare a release and satisfaction consistent with this Order. 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. 1ND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this3xl�day of , 2012. I I V. a.0 .. LI .+ Michele Costantino, Chairperson CODE COMPLIANCE BOARD J copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent ILV !AN C 4 202 CITY CLERK'S OFFICE