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10-1166 - Frederic Moreau & Marie PompePolice Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 ,Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: September 15, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-1166 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) zi Said review must occur within thirty (30) days of the request for review. is 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. o 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 120 Meetings Minutes Special Magistrate Hearings Boynton Beach, FL July 15, 2015 Case No. 10-1166 Frederic Moreau & Marie Pompe Property Address: 512 NW 91h Avenue Violation(s): CH1 5 SEC 15-120 (D) INC Mow grass and weeds. Ms. Springer advised there were two cases for the same address and she presented the case. The Notice of Violation was sent on April 16, 2010. The case was heard on June 16, 2010 and no one appeared. The compliance date and fine set was June 26, 2010, or $50 a day thereafter. The violations were corrected on November 30, 2011, accruing a fine of $26,050 plus administrative costs of $634.12. Compliance was confirmed in October 2011. In August 2014, Ms. Springer received an email requesting a lien reduction inspection. When they inspected the property, it was so badly overgrown the inspectors could not conduct the inspection. In December 2014 an inspection revealed the Respondents needed to reinstate a permit that had failed inspection, replace soffit screens, sod bare areas on the front and west side of the property, remove or replace the fence on the west side, there were six municipal liens over $3,000 that had to be paid and a water bill of over $3,000 had to be paid. The property was again inspected in January 2015 and only the soffit screens and the fence remained outstanding. They applied for the fence permit and it was inspected. They still needed the soffit screens, but the property had tenants so a Business Tax Receipt and Certificate of Use was needed. On June 8, 2015, all the violations were corrected, Adam Seligman, Attorney for the former owner, was present and advised the owner was Triune FL, LLC. Most violations occurred before they purchased the property via a tax deed, They paid over $8,000 for nuisance fees, water bills and others and made an unlivable property habitable. The property is now rented. It improved the neighborhood and their property values. When they learned of issues they addressed them, Decision Based on the presentations by the City and Respondent, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Case No. 12-2380 Frederic Moreau & Marie Pompe Property Address: 512 NW gth Avenue Violation(s): CH10 SEC 10-56 (D) Secure building to prevent unauthorized individuals from entry. Ms. Springer presented the case. The Notice of Violation was sent December 13, 2012. The case was heard February 20, 2013, and no one appeared. The compliance date and fine was March 3, 2015, or $500 a day thereafter. The case complied on April 3, 24 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, Vs. FREDERIC MOREAU & MARIE POMPE Respondent(s). CASE NO. 10-1 166 LIEN MODIFICATION ORDER TIES CAUSE can-ic before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on July 15, 2015, pursuant to Chapter Two, Article Five of the City Code of Ordinances, The Magistrate 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 Magistrate 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 duty advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: I . This Magistrate 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 Magistrate on June 16, 2010 on the Property located at 512 NW 9"' Ave., Boynton Beach, Florida, with the legal description of: CHERRY HILLS, BOYNTON LTS 72, 73 & W 8 FT OF LT 74, according to the plat thereof as recorded in Plat Book 4, Page 58, of the Public Records ol"Pairn Beach County, Florida, PCN: 08-43-45-21-14-000-0720 is REDUCED TO $3,134.12. 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 Palin 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 irappealed is properly disposed by the City Commission. 7. In the event that the property owner does not comply with the Magistrate's order, as approved or modified by the City Commission, within ninety (90) days OfCommission'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 Magistrate or the City Commission shall be pennitted regarding lien reduction, DONE AND ORDERED after hearing at City of Boynton ,2015. ATTEST: 117y!C CLL -1 tilt-, City Commission L D 2015 CffY CLERKS 0FRCE Beach, Palm Beach County, Florida this day of Carol D, Ellis CODE COMPLIANCE MAGISTRATE