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96-4897 - 428 NE 20th AvenuePolice Department "A CPA 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: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #96-4897 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: ❑ 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) j 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. zi 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_. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 had receipts from the 2006 landscaping. Ms. Ellis asked what the value of the property was, and he thought it was approximately $800,000. Ms, Springer stated that all the certified mail that was sent to them was signed and returned, and it probably came through the City Forester. He was the one who went to the property when they brought it into compliance. She showed photos of the complied landscape. Jesse said the photo accurately reflected their property, noting they recently made more improvements. Ms. Ellis asked if they had ever had any other violations in the City regarding the property and was informed they had been before the Court the previous month for the irreparable damage case, when it was found there was no irreparable damage. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs of $922-21 . Case No. 96-4897 George W. & Angela M. Healey Property Address: 428 NE 20th Avenue Violation(s): CO CH 15 ART 9-15-124.1 (A) and (D) Install grass seed or sod in yard and swale areas. Remove trash and debris. Ms. Springer presented the case. Notice of violation date was September 6, 1996. It came to the Code Hearing on June 18, 1997, and no one appeared. Compliance date and fine set was July 14, 1997 or $25 a day. Case came into compliance on September 3, 2009, with 4,433 days of non-compliance at $25 a day for a total fine of $110,825 plus administrative costs of $1,018,24. The property was inspected and was satisfactory for lien reduction; there were no outstanding bills. Ms. Springer said there are five violations on the property; the others are under the name of Connie M. Carrier. Ms. Springer stated that the people here today for this case are not the original owners (not the Healeys). The City was first contacted in 2009, when Jerome Carrier quit- claimed the property over from his mother in order to bring it into compliance. It took almost a year to clean up, and both she and Mr. Carrier have photos. Unbeknownst to the Carriers, when they quit -claimed the property, they got the liens, Ms. Springer showed the "before" photos to Ms. Ellis. Jennifer Carrier stated that Connie Carrier is her mother-in-law, and her husband (Jerome's) grandparents were the Healeys, who never lived in the home but allowed Connie Carrier to live in the home for years. Connie Carrier was not in compliance with the City of Boynton Beach and also did not believe in paying taxes. Connie Carrier was 20 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 set to be evicted by the City, and the house was going to be auctioned. When Connie Carrier asked Jennifer and Jerome Carrier to pay the taxes, they paid over $7,000 in back taxes, Since Jennifer and Jerome lived in Kentucky, they requested that the house be quit -claimed over to them before they would pay the taxes. Jennifer Carrier continued that they wanted to get the house out of the situation it was in. When they took the house over, they brought their children for nine months and cleaned up the property. There were unpaid utility bills in the house, and they had to pay those and get permits. They took their savings (since her husband had been laid off) and moved to Boynton Beach and worked on the house. Ms. Ellis asked if they are currently living in the house, and Jennifer Carrier said they are back in Kentucky-, a lady with two daughters has lived on the property for six years. All of the police calls and violations have stopped. She said their Business Tax Receipt has been up to date since they obtained it; taxes are always paid by November 30 each year. Ms. Carrier said the assessed value of the house is $39,000 and they put at least $45,000 into repairs and paid the back taxes. Decision Ms, Ellis reduced the lien to the administrative costs of $1,018.24. Case No. 03-1089 Connie M. Carrier Property Address: 428 NE 20th Avenue Violation(s): CO CHI 5 ART 9-15-120 (D) 1 INC Remove unregistered and inoperable vehicles, boats, and trailers. Remove all loose trash. Sod all bare areas in yard and swale. Ms. Springer presented the case. Notice of violation date was April 7, 2001 It came to the Code hearing on July 16, 2003, and no one appeared. Compliance date and fine set was August 15, 2003 or $25 a day. Case came into compliance on July 3, 2009, with 2,210 days of non-compliance at $25 a day for a total fine of $55,250 plus administrative costs of $730.15. Ms. Springer said the photos she had presented earlier showed numerous vehicles on the property. One of Jerome Carrier's brothers had a car repair business illegally running at the property, there were car parts, derelict vehicles, etc. There was constant police activity at the property. Since Jerome and Jennifer Carrier took over, the police have not had to go out to the property. Ms. Ellis reduced the lien to the administrative costs of $730.15. is] CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 96-4897 GEORGE W. HEALEY & ANGELA M. HEALEY Respondent(s), 0 LIEN .MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on December 16, 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 Nvas 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 duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: I . This Magistrate has subject matterjurisdiction 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 hen imposed by the Magistrate on June 18, 1997 on the Property located at 428 NE 20`x' Ave. Boynton Beach, Florida, with the legal description of: BOYNTON RIDGE LT 2 BLK 15, according to the plat thereof as recorded in Plat Book 24, Page 28, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-15-07-015-0020 is REDUCED TO $1,018.24. 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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien reduction. DO E AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: 'fr°. ` /, ,-;f /TTY CLERK copies furnished: Honorable Mayor and the City Co City Attorney City Clerk Respondent int JA 114 0 6 , }i,& GIT' C"LE K' OFFICE