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10-1607 - Howard Pennar' =M,r � r .. . .. . ...... . . Police Department "A CPA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-031 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immter, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: August 14, 2012 City Commission Code Compliance Division Code Compliance Case #10-1607 0 " EST- . sSe In accordance with Ordinance number 00107, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 00107, the following procedures are to be followed: o 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) Lj Said review must occur within thirty (30) days of the request for review. Lj 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 July 18, 2012 Davidson expressed now that the occupant vacated the premises, it would be Private Capital Group's responsibility. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Private Capital Group, 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. Bucella 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 $5,634.12, including administrative costs. Ms. Carroll seconded the motion, Mr. Foot thought the fine was excessive and suggested $2,000. Ms. Carroll was in favor of the reduced amount. The above motion passed 5-2 (Mr. Foot and Ms. Cam/1 dissenting.) 1 0 1. ffi� Ni Off icer Roy presented the case. The notice of violation was May 27, 201 for violations pertaining to maintenance. The Respondent was to mow, weed and trim the yard. The case was heard on July 21, 2010, and no one appeared. The compliance date and fine set by the Board was July 31, 201 or a fine of $50 a day would be imposed thereafter. The violations were corrected on June 4, 2012, having 673 days of non-compliance. Laura Rollins, Premiere Residential, 1450 SW 10th Street, Suite 8B, Delray Beach, stated the property was a bank-owned property, assigned to them on May 16, 2012, When they did a property check, it was still occupied. They tried cash for keys with the tenants, who were living there illegally. The property was vacated on May 28, 2012. They were made aware of the violations on June 4, 2012, and they immediately had the property mowed and maintained. They also corrected other violations by July 9, 2012. She requested the lien be reduced. The property was scheduled to close on July 26, 2012 for $65,000. The members discussed the reduction amount, Officer Roy explained they obtained the property on Memorial Day, The property was mowed by June 4, 2012. It was noted the bank would pay the fine. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Howard M. Pennar, 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 fines instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010, to an Meeting Minutes Code Compliance Board Boynton Beach, FL july 18, 201 amount of $3,000, including administrative costs, Ms, Yerzy seconded the motion. Chair Costantino suggested the administrative costs be added to the total number, Mr, Foot amended his motion to reflect the fine amount $3,634.12, including administrative costs. Ms. Carroll seconded the amendment that unanimously passed. Case No. 12-0811 Venkat Williams Property Address: 531 NW 8th Avenue Violation(s) CO CH10 SEC 10-56 (A) (B) Secure property. Vestiguerne Pierre, Senior Code Compliance Officer, presented the case as contained in the notice of violation. The mortgage holder cited was BAC Home Servicing LP, The Respondent was present. Maggie White, Attorney, BAC Home Loans, 4919 Memorial Highway, Suite 200, Tampa, Florida, explained the property was in the foreclosure process. They still did not have title and it was unknown if the property was vacant. Officer Pierre testified the property was vacant. The Lis Pendens was filed on March 2, 2010. As to why the property was unsecured if it was vacant, Attorney White explained they were not aware whether it was occupied or not. Officer Pierre explained there was glass in the door which was broken so one could easily open the door to get in and out. He circulated photographs to Attorney White and the Board. Attorney White was asked if the Bank learned the property was vacant, how quickly they could secure the premises, to which she responded the Bank had their own property inspection personnel. She indicated she would notify the appropriate individual in the firm to get the bank to secure the premises within the 10 days, but did not know how long it would take them to address the matter. Based on the testimony and evidence presented in the aforementioned case, Mr. Cole moved that this Board find that Venkat Williams and BAC Home Loan Servicing LP are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before August 17, 2012. The Board has considered the gravity of the violation, 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 $300 per day for each day the violation continues past August 17, 2012, 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. Foot seconded the motion for discussion and requested amending the motion to $500 per day and comply within 10 days, Mr. Cole amended 0 CODE COMPLIANCE BOARD CI'T'Y OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, 10 -1607 HOWARD M. PENNAR 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 July 18, 2012, pursuant to Chapter two, Article five of the City Cade 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. 1 The lien imposed by the Board on July 21, 2010 on the Property located at 209 SW 7`� Ave., Boynton Beach, Florida, with the legal description of: MC DONALD PARK ADD E 15 FT OF LT 43, ALL LT 44 & W 20 FT OF LT 45 BLK 1, according to the plat thereof as recorded in Plat Book 24, Page 2, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 28 -22- 001-0431 is REDUCED TO $3,634.12. 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. T 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 ay of , 2012. 7T I Michele Costantino, Chairperson CODE COMPLIANCE BOARD ` A 0-,n JUL 3 0 IL01 OFF copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent