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11-290 - Southern Homes of Palm Beach LLC. . . . ................. . . Police Department "A CPA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 i4 1A A Lf I zi z "D I [SM W 2 ad ZT-il 2 P.] ivil WA N _N I A ih W :?-.12 Lh Date: To: From RE: December 11, 2012 City Commission Code Compliance Division Code Compliance Case #11-290 0 z �0 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: o A City Commissioner has seven (7) days from the rendition of the Order to request the City Manager's Off ice to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) o 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". 1, — , 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. Ameiica's Gateway to the Gulfs Meeting Minutes Code Compliance Board Boynton Beach, FL Novem 19, 2012 members of the screened room and repair the north side screens. The second inspection on October 29, 2012, was successful. The Respondent was present, John Baughman, 57 Buxton Lane, was the realtor for the Bank. Mr, Baughman advised the property was taken as a foreclosure and, as a result, the Code violations were inherited. Possession of the Ph roperty was not taken until the first week of July. The repairs were started on July 6 , mainly the HOA repairs. Upon completion, the extensive and fairly expensive City violations were addressed. Permits were required, as well as, architectural approval. Mr. Baughman continued that the occupants were paid $2,500 for cash for keys relocation assistance and the property was under contract as of September 12, 2012 for $115,000. The buyers are currently living in a hotel and waiting for closing, Approximately $11,000 was spent on repairs. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Jean & Chrislene Volcy, have 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 June 15, 2011 to an amount of $4,230,15, including administrative costs. Vice Chair Foot seconded the motion. The motion passed 4-1. (Ms. Carroll dissenting). Case No. 11-290 Southern Homes of Palm Beach LLC 3031 Waterside Cir Ms, Springer presented the details of the case as contained in the original violation. This case came before the Board on March 16, 2011 and no one appeared. The compliance date was set for March 26, 2011 or incur a fine of $100 per day, The case complied on December 21, 2011 for a total of 269 days. All requirements for lien reduction had been met. The case originally was for non-payment for the fire inspection fee. Alexander Aguirre, 9630 SW 146 Street, Miami, and David Andrada. 12600 SW 50th Court, Miramar, were the representatives for Waterside Homeowners Association. Mr, Aguirre stated the property was issued a receivership in August, 2010: In February, 2011, the receivership took possession of the property. In April, notification was made indicating there was a change in the President for the association. There was also a change in management in May and accounts were set up by the receivership. He read a letter of resignation from the President and notice of the appointment of Mr. Andrada to the HOA Board, The change in Board members had caused minor conflicts to invoicing approvals between the Board, the HOA Management Company and the receivership. This created delays in payments to vendors and associated work on the property. He continued to explain why the $300 fire inspection fee could not be paid and reiterated that receiver was court appointed. 17 Meeting Minutes Code Compliance Board Boynton Beach, FIL November 19, 2012 Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Southern Homes of Palm Beach LLC, 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 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 $2,346,03, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 12-1398 Donna A. Morris Property Address: 2292 SE 4 Ih Street Violation(s): CO CH2.5 SEC 2.5-3, 2.5-7 Alarm permit/decal display Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Donna A. Morris is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violation on or before December 4, 2012. The Board has considered the gravity of the violation, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past December 4, 2012, plus administrative costs shall be imposed. The Respondent is 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. Vice Chair Foot seconded the motion that unanimously passed. Case No. 12-1818 Jeffrey and Mary Hutchison Property Address: 3045 Pine Tree Lane Violation(s): CO CH2,5 SEC 2.5-3, 2.5-7 Alarm permit/decal display Officer Lewis presented the case as contained in the notice of violation. The City recommended 15 days for a compliance date of December 4, 2012. ITLY Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that Jeffrey and Mary Hutchison are in violation of the City of Boynton Beach Code sections cited and moved to Order that the 1:1 CODE COMPLIANCE BOARD C1'l'Y OF I3OYNTOh BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11 -290 SOUTHERN HOMES OF PALM BEACII LLC WATERSIDE 'VILLAGE' Respondent(s), LIEN l' IODIFICA`I'ION ORDER THIS CAUSE came bciorc the City of Boynton Beach Code Compliance Board oat the Respondent's application for lien reduction on November 19, 2012, pursuant to Chapter t�No, Article five of the City Code of Ordinances. The Board liming considcred the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board laearinv�, the date the affidavit of compliance was issued, the C1.11 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;urisdiction ofthis cause anti 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 b, the Board on March 16, 2011 on the Property located at 3031 Waterside Cir., Boynton Beach, Florida, with the legal description of WATERSIDE VILLAGE PUD LT 91, according to the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46- 04 -34- 000-0910 is REDUCED TO 52,346.03, The City Shall prepare it release and sattisf: action consistent with this Order. The rcicase "and saatisfactlun shall be recorded in the public records of Palm Beach County at the Respondent's expcnsc. Ea. This Order is not final until the tune period for appeal under (lie Code has elapsed and if appealed is properly disposed by the City Commission, 7, laa the event that the property owner does not comply with the Code Compliance Board order, as approved or ,noditied lay the° City Commission, within ninety (90) days of Commission action, the Licn Rcdtactiort Order shall be of no further torte ur eftoct, and the original lien shall i 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 tat City of Bo1, nton Beach, Patin Beach County, Florida this day of r � Michele Cost rhino, Chairperson CODE COMPLIANr'C E BOARD ATTTST: