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12-281 - Fred and Pam GreenspanThe Cit ofBoynton Beach Police Department "A CPA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Bouleuard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (56 7) 742-61 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 Iff � : Z 1 9111 iv, Date: To: From RE: January 25, 2013 City Commission Code Compliance Division Code Compliance Case #12-281 0 , . .... z I , , 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: u 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) o 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". 1, - 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 Gulfstrearn Meeting Minutes Code Lien Reduction Boynton Beach, FL December 17, 2012 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 August 17, 2011 to an amount of $634.12, including administrative costs. Mr. Bucella seconded the motion that passed unanimously. Case No. 11-3002 Deutsche Bank National Trust 5 Buxton Lane Ms. Springer presented the details of the case. The notice of violation was issued on October 31, 2011. It came before the Board on January 18, 2012 and no one appeared. The proposed compliance date was January 28, 2012 or $200 per day. Compliance date was on September 4, 2012, for 219 days of non-compliance for a total amount of $43,800 plus administrative costs. The information on the details of the case would be the same as the previous case. Elsie Kaprel, was a realtor with Century 21 appearing on behalf of the seller. She advised she had nothing further to add on this case, Mr. Foot commented that Deutsche Bank should be held responsible because this was a health issue. He stated that the Bank was not in a position to go in and remove the bees and the property owner was still in possession of the property who should have controlled the situation. Chair Costantino advised as soon as the Lis Pendens was filed, under the Ordinances for Registration of Property, the Bank put themselves in the middle of the game. They were cited for registration and maintenance issues and the bees were considered part of the maintenance issues. Ms. Kaprel stated the owner was not aware of the bees nest until recently. Ms, Springer confirmed this and stated the problem was resolved. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust 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 January 18, 2012 to an amount of $2,500 plus 634.12, administrative costs for a total of $3,134.12. Mr. Bucella seconded the motion that passed unanimously. Case No. 12-281 Fred & Pam Greenspan 18 Southport Lane, Unit C Ms. Springer presented the details of the case. The notice of violation was issued on February 15, 2012. It came before the Board on July 18, 2012 and no one appeared. The proposed compliance date was July 28, 2012 or $50 per day. The compliance date was on December 6, 2012, for 130 days of non-compliance for a total amount of $6,500 plus administrative costs. 5 Meeting Minutes Code Lien Reduction Boynton Beach, FL December 17, 2012 Fred Greenspan, 11 Crowdon Lane, Rockland, NY and 18C Southport Lane, commented that there was a misunderstanding on what needed to be done. He was under the impression that the fee was a tax and he paid it as such. He indicated he had a rental agent that handled things for him because he spends only a month a year in Florida, The intent was not to avoid having the inspection. Both he and the real estate agent were not aware that a Business Tax Receipt inspection was required. This year was the first year he saw that he was required to pay a fee and have the apartment inspected, In addition, he spoke to many people who had no knowledge of the Business Tax Receipt requirement. He paid fees when due and when he paid the June fee, the check was cashed and at that time, he still was not made aware that he needed an inspection. Ms. Costantino commented that since the license had to be renewed in September she inquired of Mr. Greenspan if he had to pay another fee. He indicated he paid another fee in November and was made aware at that time there was a problem. Mr. Cole opined that Mr. Greenspan wrote the check before the hearing date and was paid before the levy was started. The policy stated that once you pay the fee, an inspection would be set up and then advised whether it passed or failed. Ms. Springer interjected that if the fees were paid online, there would be no instruction as to what to do and the printed instructions are very small. She further stated they had asked the Business Tax Receipt Department to put the print in bold and larger. Mr. Greenspan reiterated the fact he paid the monies indicated. He was not trying to get out of his obligation, and as soon as he found out there was a problem, he contacted the City immediately. Mr. Foot inquired of Attorney Bridgeman if it would be better to waive or rescind the fee since Mr. Greenspan was in compliance before he appeared in front of the Board. Attorney Bridgemar advised the better course of action would be to rescind all the prior Orders, rather than reducing the fine to zero. Ta no = Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Fred and Pam Greenspan 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 rescind the fine instituted in the aforementioned case by virtue of this Board's Order of July 18, 2012 and that the lien imposed by that Order be released. Mr. Bucella seconded the motion that passed unanimously, Case No. 02-227 Christine A. Tetrick/Joseph Magnetico 1010 Coral Court Ms. Springer presented the details of the case. The notice of violation was issued on January 23, 2002. It came before the Board on March 20, 2002 and no one appeared. The proposed compliance date was April 19, 2002 or $25 per day. The compliance n. CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. FRED & PAM GREENSPAN Respondent's). CASE NO. 12 -281 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 17, 2012, 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: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 1 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 18, 2012 on the Property located at 18 Southport Ln. C. Boynton Beach, Florida, with the legal description of: SOUTHPORT AT HUNTERS RUN COND UNIT 18 -C -V, according to the plat thereof as recorded in Plat Book 37, Pages 37 80 through 82, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46 -06 -06 -000 -0183 is RESCINDED. 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this q day of ,201 ATTEST: _.� C Y CLERK 0 copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent - 4 2 10'13 t Michele Costantino, Chairperson CODE COMPLIANCE BOARD