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09-2812 - James J Heneghan4 ­ Date: To: From RE: Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. BOX 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 Jeffrey Katz Chief of Police Code Camp fiance Phone. (561) 742-6120 Fax: (561) 742-6383 November 26, 2013 City Commission Code Compliance Division Code Compliance Case #09-2812 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) L2 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. Li 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 20_, America's Gateway to the GuFrstream MEETING MINUTES CODE •. LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2011 Michie did not know what transpired prior to her company taking it over. Ms. Springer commented the garage door on the property was not completely closed. Ms. Springer had pictures which she showed to the Respondent and the Board. Mr. Cwynar asked Ms. Springer how the officers are interpreting the codes when it says; "should" or "shall". Ms. Springer did not understand the question and Mr. Cwynar stated there is a difference in construction. Motion 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, Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 27, 2013, to the amount of $634.12 administrative costs. Vice Chair Cole seconded the motion that passed 6-1. (Mr. Cwynar dissenting). Case No. 092812 James J. Heneghan 1812 Meadows Circle W. Ms. Springer presented the case. The notice of violation was August 27, 2009 for Business Tax Receipt required. The Code Compliance Board hearing was November 18, 2009 and no one appeared. Compliance date and fine set by the Board was December 18, 2009 or $100 a day. The compliance date was August 23, 2013 for 1,348 days of non-compliance at $100 a day for a total fine amount of $134,800 plus administrative costs of $634.12. Ms. Springer was contacted in August by Mr. Heneghan. The lien was discovered because he was selling other properties. The owner was cited on August 27, 2009 for the lack of a Business Tax Receipt for the rental property. The application was made on November 24, 2009. Mr. Heneghan contacted the office and was advised he did not have a Business Tax Receipt because the property was never inspected. He was contacted by Business Tax Receipt and was advised he had to pay the back years from 2009-2014 before he could get the Business Tax Receipt. Mr. Heneghan paid and passed the inspection on August 23, 2013. There was an outstanding water bill of approximately $160 that had to be paid. Adam R. Seligman 4420 Beacon Circle, West Palm Beach was the Attorney representing Mr. Heneghan. After reviewing the case it appeared the property was purchased by Mr. Heneghan as a foreclosure from a bank. The wrong address was put on the deed which is what the County and City were using for correspondence and Mr. Heneghan did not get most of them. Instead of Woodlawn Avenue it was written as Woodland Avenue on the deed. Mr. Heneghan did not receive any notices of this issue. A title search was done in August which was when Mr. Heneghan was made aware and immediately contacted Ms. Springer to make payment. Mr. Seilgman stated Mr. Heneghan paid the back taxes, utility bills and anything else that was outstanding. The property is under contract which was supposed to close last month but has been W MEETING MINUTES CODE • LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 extended until the 31,9t of October. Mr. Seligman is asking for the lien reduction for administrative fees only. Chair Costantino asked Ms. Springer to review what has been paid on the property. Ms. Springer responded the other two properties Mr. Heneghan was selling were put on hold until he paid the lien on this property. Mr. Heneghan paid administrative fees to have those partial releases for him to sell the other two properties. He paid $134 for each of the two properties. Vice Chair Cole understood Mr. Heneghan had to pay the taxes going back to 2009 which was about $70 per year. Vice Chair Cole questioned if the mail was going to the wrong address. Ms. Springer used the address 117 Woodland Avenue which is also listed in the Tax Collectors' Office and the Property Appraisers' Office and what was on the warranty deed. Mr. Seligman argued the wrong information was given which was the only address there was on file. The property was posted and legal service was obtained. Chair Costantino asked Mr. Seligman got tax bills. Mr. Seligman responded his client often paid his taxes delinquent. Mr. Heneghan had moved a few times since then and had been receiving them for the past couple of years. He has a different address now. Mr. Seligman stated the title company and the attorney that did the foreclosure could have made errors. Motion 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, Mr. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to the amount of administrative costs of $634.12. Motion died for lack of a second. 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 Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to the amount of $5,634.12. Mr. Seligman interjected the issue is lack of due process. Chair Costantino replied the vote was in progress. Ms. Yerzy seconded the motion that failed 4-3. (Ms. Brenner, Mr. Cwynar and Mr. Borrelli dissented). Ms. Brenner concluded the owner should know taxes have to be paid and an inspection must be done, but on the other hand Mr. Heneghan made good on other things. Mr. 14 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23,2011 Seligman commented Mr. Heneghan lives out of State and only saw the property once. He is not an investor. Chair Costantino remarked it was not a question of making good on some things. Mr. Heneghan rented this property and had people living there. There was no way of knowing if the property was safe, no inspections and no way to tell what was happening in the property. Ms. Brenner asked if this property is in foreclosure or a regular sale. Mr. Seligman replied it is a regular sale. The property value is $47,000 and the lien Is $133,000. Ms. Brenner specified it is $133,000 because of time that has elapsed. Chair Costantino contended it was a minor amount to pay to make sure the property would be inspected and be assured it is safe. Mr. Seligman alleged his client did not know he had to pay. Chair Costantino pointed out it was his client's responsibility to find out if someone was going to rent his property. In addition Mr. Heneghan had been collecting rent from the occupants. Vice Chair Cole's concern was the 1,348 days this property was in non-compliance. Chair Costantino stressed Mr. Heneghan allowed people to rent the premises without knowing it met the standards of the City. Mr. Seligman reiterated once his client found out he needed to pay he called Ms. Springer and paid the amount within days. He did not know it was an annual fee. Chair Costantino responded Mr. Heneghan did not finish the first one. 17,=.* -1 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, Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to the amount of $2,634.12 including administrative costs. Mr. Cwynar seconded the motion with an amendment to the amount of $2,000. Mr. Cwynar's amendment was not approved. The original amount of $2,634.12 was seconded by Ms. Brenner and the motion passed 6-1. (Mr. Cwynar dissented). Mr. Borrelli inquired the amounts can be appealed to the City Commission. Chair Costantino added, if they appeal, the Commission has the right to reverse the Board's decision and uphold the full amount. Ms. Springer agreed the Commission could agree with the decision, raise it, lower it, deny it or wipe it out. Case No. 09-3759 Tammy M. Anderson 550 NW I Ith Avenue Ms. Springer presented the case. The notice of violation was December 4, 2009 to mow grass and weeds. The Code Compliance Board hearing was January 20, 2010 and no one appeared. Date of compliance and fine set by the Board was January 30, 2010 or $200 a day. Date complied was August 30, 2010 for 211 days of non- compliance at $200 a day for a total fine amount of $42,200 plus administrative costs of $634.12. There were municipal liens of $481.63 to be paid, an outstanding water bill of 15 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, 09-2812 JAMES J. HENEGRAN 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 October 23, 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 November 18, 2009 on the Property located at 1812 Meadows Circle W, Boynton Beach, Florida, with the legal description of: MEADOWS ON THE GREEN CONDOMINIUM UNIT 1812 BLDG 18, according to the plat thereof as recorded in Plat Book 48, Page 196, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-21-018-1812 is REDUCED TO 52,634.12. The City shall prepare a release and satisfaction consistent with this Order. 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, `7DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 4%day of 1 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILIED Respondent NOV 13 2013