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12-699 - Leigh DePuma 116 SE 3rd AvePolice Department "A CFA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-61 Fax: (561) 742-6185 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 Date: To: From RE: October 28, 2013 City Commission Code Compliance Division Code Compliance Case #12-699 cS 11011X�� 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: Lj 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. a 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 7 2011. America's Gateway to the Gulfstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION SEPTEMBER 25, 2013 SEPTEMBER 25, 2013 aforementioned case by virtue of this Board's Order of April 17, 2013, to an amount of $1,634.12 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12-699 Leigh DePuma 116 SE 3 rd Avenue Ms. Springer presented the case. The notice of violation was April 20, 2012, which pertained to a Business Tax Receipt, unlicensed and inoperable vehicles and sod. The case was heard on June 20, 2012„ and no one appeared. The compliance date and fine set by the Board was June 30, 2012, or a fine of $350 per day would be imposed thereafter. The violations were corrected on September 18, 2013, having 444 days of non-compliance. The application fee was paid as were outstanding water bills over $800. Ms. Springer was contacted on September 16, 2013 for a lien reduction inspection, but the property was not in compliance. An officer conducted a compliance and lien reduction inspection and complied the case contingent on another inspection. The property needed to be mowed, hedges and bougainvillea needed to be trimmed, screens installed on all the windows and the outside storage of construction material needed to be removed. The property was reinspected again this morning and all was corrected. The Respondent was present and an email he sent earlier in the day to Ms. Springer was included in the meeting backup. Doug Hauck, Snowstorm Property, Inc., 639 E. Ocean Avenue, Suite 406, explained they purchased the property at auction on April 26, 2013. The property was a nuisance to the area and it took until June 17, 2013, to obtain a Writ of Possession from the Sheriff. The tenants were running an auto repair shop at the premises. There were parts, grease and many cars and trucks. They never had access to the inside and they purchased the home on a whim. When they evicted the tenants, he had four other employees help remove the contents from the home. It took two U-haul loads to clear the items. The interior had sacks and sacks of trash and was a mess. There were snakes, rats and rodents, and cockroaches. The place looks great now and he had photographs. The planted Poinciana and coconut trees and rehabbed the inside. Chair Costantino commented the buyers took a risk and they should search the property because liens run with the property and not with the owner. Mr. Hauck understood and commented he went through this process once about seven or eight years ago. Vice Chair Cole requested viewing the photographs; however, the images were on Mr. Hauck's electronic device. Ms. Springer had before and after photographs she distributed to the Board. Mr. Hauck commented when the Save our Homes Act was instituted, it did not allow for speedy evictions during foreclosures, and he had to file three or four motions. The owner never responded to any of the court proceedings, but the tenants did; however, they did not have a lease. 11 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION SEPTEMBER 25, 2013 SEPTEMBER 25, 2013 Mr. Hauck explained the purchase price was approximately $71,712 after auction costs and about $31 K to rehab it. He commented the property was a wash, but the plan was to sell it. The average asking price of similar properties was $84K. There were five similar properties in the Forest Park area ranging from $57,000 to $102,000. If they cannot sell, they would consider renting it, and would apply for the Business Tax Receipt. Chair Costantino reviewed the timeline of events in the email. Mr. Hauck explained there were actually two violations on the property, one of which he was unaware of. One was a case from 2010. On June 12 a Cease and Desist Order was placed on the property which he thought may be for the auto repairs. Ms. Springer explained the fine for the Cease and Desist Order was not paid and they had to close the case because the cease and desist was placed against the bank. When there was another violation on the property, staff noticed it changed hands. The bank never actually owned the property and he purchased it on the courthouse steps. The property went from the original owner to Mr. Hauck. The lien was not valid so they released it. Mr. Borelli inquired how Jong it took to clean the property once he obtained it. Mr. Hauck explained they started the day they took possession. There were other items they were unaware of which they addressed right away once they learned of them. Ms. Springer explained the compliance date of September 18, 2013, was when staff verified the violations on the lien were corrected. The other items on the list were for lien reduction which complied this morning. There was further brief discussion how long it takes the Property Appraiser's Office to update their records and when the notices were sent. The notices were sent in 2012, and he purchased the property in 2013. It was noted it takes the Clerk of Court three weeks to a month to record the documents and then it goes to the Appraiser's Office. The certificate of title was recorded May 16, 2013. Ms. Carroll noted he rehabbed the property and it would be nice to have a new owner. Vice Chair Cole agreed and that he dida great job. Mr. Hauck commented he had to repair the sprinkler system twice. 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, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of $3,134.12, including administrative costs. Vice Chair Cole seconded the motion. The vote failed 3-2 (Mr. Borelli and Ms. Carroll dissenting.) [Q Catherine Cherry Minutes Specialist 900393 7 y C O DE COM ■ B CITY OF BOYNTON BEACH Petitioner, VS. LEIGH DEPUMA Respondent's). r CASE NO. 12 -699 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on September 25, 2013, 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. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on .Tune 20, 2012 on the Property located at 116 SE 3` Ave., Boynton Beach, Florida, with the legal description of: BOWERS PARK W 15 FT OF LT 8 & LT 9 BLK 5, according to the plat thereof as recorded in Plat Book 11, Page 57, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -28 -12 -005 -0081 is REDUCED TO $1 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. 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 day of 2013. ATTEST: ���+"'"�. i� it III r "l- •y �� /,. FILE G 2013 Michele ostantino, Chairperson OTY CLERK'S OFFICE CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent