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10-2714 - Charles PhilippeDate: To: From: RE: Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Bench Boulevard P.0. 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 FcLx: to -61) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM March 28, 2012 City Commission Code Compliance Division Code Compliance Case #10-2714 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 Office to place the case on a City Commission Agenda for review. (Space provided below for transmittal purposes) D Said review must occur within thirty (30) days of the request for review. o 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. -j 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 1 2011. America's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 foreclosed property. The case was heard on April 21, 2010, and no one appeared. The violations were to be corrected by May 6, 2010, or a fine of $100 per day would be imposed. The violations were corrected on December 18, 2010, Ms, Springer received the first email from Ms. Balsara who was given a list of items that needed to be corrected in order for the property to be eligible for the lien reduction. These violations were for: open electrical; the sprinkler system had to be repaired; a broken washer elbow drain needed to be addressed; overgrowth; trash and debris- and payment of an outstanding water bill. Diane Balsara, Nautica Realty, 1200 S. Federal Highway, Suite 307, Boynton Beach, explained a personal property eviction occurred at this location. When they obtained the property and it was re -keyed, there were personal items at the premises. She explained a personal property eviction was similar to a regular eviction, and they had to wait until that process was over. Ms, Balsara could not address when the Bank was made aware they had to register the property, but explained as soon as they became aware there was an issue, they addressed it. About $3,000 worth of repairs were made to the property and more were forthcoming that were not required by the Board. They were being done to improve the house and make it sellable. She opined the improved property may be worth about $50,000. The property was owned by Wells Fargo, and Ms. Balsara pointed out the Bank was aggressively rehabilitating properties. Nautica Realty received the property in July 2011. It took five months to correct the violations due to the personal property eviction, The Sheriffs lock -out occurred on November 15th. Ms. Balsara requested the fines be reduced to administrative costs. Discussion followed the mortgage holder was responsible for the lien and the members contemplated the fine amount. Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010, to an amount of $3,500.00, including administrative costs, Mr. Foot seconded the motion that unanimously passed. Case No. 10-2714 Charles Philippe 337 SW Sth Avenue Ms. Springer presented the case and stated the notice of violation was sent on September 10, 2010, for violations pertaining to needing a Business Tax Receipt and 2 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 removing outside storage from the property. The case was heard on October 20, 2010, and no one appeared. The Respondent was ordered to correct the violations by October 30, 2010, or incur a fine of $100 per day. The violations were corrected on January 20, 2012. Darrin Simmons, Darrin Simmons Real Estate, 40 Country Lake Circle, Boynton Beach, was authorized to speak on behalf of the owner. Mr. Simmons explained he became aware of the property through a friend. The owner had a tenant who was not paying rent and had caused the trash and debris. He was able to remove the tenant and the owner was trying to sell the property. He noted the owner was upside down on the property. The title search reflected the lien. The owner could not read English and speaks very little, but the owner did acknowledge he signed for the certified letter from the City but did not know what it was. Mr. Simmons explained the letter to the owner and the owner paid Mr. Simmons to improve the property. Mr. Simmons expressed his belief the owner did not understand the property was incurring a daily fine. He did not know how long the property was rented and opined the property was an investment property, but could not say for certain. The value of the property was around $80,000. It was purchased in December 2003, and there was no indication whether the owner obtained a Business Tax Receipt. Currently, the property was vacant. Ms. Springer distributed before and after photographs to the Board. Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of October 20, 2010, to an amount of $11,150, including administrative costs. The motion died for lack of a second. Mr. Simmons felt the owner was directed by someone who did not have his best interests at heart. Based on his knowledge of the individual, he believed the owner got in over his head and was not aware of the requirements. The members discussed an appropriate fine amount and noted the original purchase price was $152,000. Mr, Simmons commented the owner was experiencing a financial hardship. WE= Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of October 20, 2010, to an amount 3 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 of $6,230.15, including administrative costs, Mr. Foot seconded the motion that unanimously passed. Case No. 10-3076 Joseph & Carmelite Reache 143 NE 16th Avenue Ms. Springer presented the case. The notice of violation was sent on October 13, 2010, for violations pertaining to a driveway. The case was heard on December 15, 2010, and no one appeared. The Respondent was ordered to correct the violations before January 14, 2011, or a fine of $50 per day would be imposed. The violations were corrected on October 14, 2011, Cliff Soucy, 1115 Stoneway Lane, West Palm Beach, and Eric Smith, 5676 Pebble Brook Lane, Boynton Beach, were present. Mr. Soucy was the property manager and Mr. Smith represented Homestead Properties, the current owner. The property was bank -owned until they acquired it in mid-September, Mr. Soucy explained they became aware of the driveway violations on September 23, 2010, and corrected them by October 14, 2010. Mr. Soucy had physically visited the Code Compliance Office to request an inspection but an inspector was not available at the immediate moment and was informed an inspection would occur in a few days. The property was only in non- compliance for a few weeks. Mr. Soucy explained the property was in compliance on October 14, 2010, and they obtained an affidavit of compliance. It was his understanding that any fines accrued prior to January 1 2010, were the Bank's fines. The members reviewed photographs of the property. Ms. Springer explained as part of the lien reduction process, the Respondents had to address: trash and debris; building materials; repair the chain link fence and rotted wood in the carport. The property was missing screens which had to be replaced; a window permit obtained; broken glass fixed; and a missing door in the rear of the carport and missing soffit screens replaced. There were many other violations other than the original violation. The original violation was only the driveway. The property was now vacant. Mr. Soucy requested the fines be reduced to administrative costs only because their portion of the violations lasted a few weeks and the additional items were addressed. It was noted a permit was issued for the driveway and the Respondents spent $15,000 to $20,000 in repairs. They paid $31,600 for the property, which was in shambles at the time of purchase. Once the fines were addressed, the property would be offered for sale. The going rate to purchase homes in that neighborhood was about $65,000. 0 CITY OF BOYNTON BEACH Petitioner. Vs. CHARLES PHILIPPE Respondent(s). CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 102714 LIEN MODIFICATION ORDER THIS CAUSE cane before the City of Boynton Beach Code Compliance Board on the Respondent's application for hen reduction on March 19, 2012, pursuant to Chapter two, Article fi e 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 rnatterjUrisdiction of this cause and jurisdiction over the Respondent, 2. The Respondent has net all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on October 20, 2010 on the Property located at 337 SVV 5'h Ave., Boynton Beach, Florida, with the legal description of. MANGO HEIGHTS LT 35, according to the plat thereof as recorded in Plat Book 30 Page 55, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-39-000-0350 is REDUCED TO $6,230,15. 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 Cantil 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 -9.7day of' '1� 2012. ATTEST: CIYY CLERK City Attorne, I City Clerk Respondent and the City Commission Michele Costantino, Chairperson CODE COMPLIANCE BOARD