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14-2414n 1�'' f tit,! 4/11� �i;tNl�il�N►) i►a''iP�'�� _ .Police Department A CFA Accredited Law Enforcement Agency" f 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 1J Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: July 14, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-2414 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) ❑ 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. L3: The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 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 20 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida June 17, 2015 David Giordano, property owner, explained he lives in New Jersey, and learned of the case through a friend that came down to check on the home and the notice was taped to the door. He mailed a check and the application for the Business Tax Receipt in 2012, and never heard anything. He called Officer Cain and left information to forward all correspondence to the New Jersey address, and he heard nothing for a year until he attempted to sell the property. A lien search found the lien on the property. The property has been for sale and has been vacant for a year. He did not have a contract on the property. Ms. Springer explained the application signed in 2012 and 2014 highlighted one must call to schedule an inspection for rental property after the application is submitted. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500, plus administrative fees of $634.12. The current lien was $99,000, Mr. Giordano objected and commented the lien could have been zero had Officer Cain responded to him and sent the mail to his address. He advised he addressed the issue immediately. Ms. Ellis responded he had not and the instructions to call for- an inspection were very clear. Case. No. 14-2414 Lansdowne Mortgage LLC 103 SE 21St Avenue Ms. Springer presented the case. The Notice of Violation was sent on October 24, 2014 to register and maintain a foreclosed property per City Code. Repairs were needed to the fence at the front of the property and screen. The case was heard December 17, 2014, and no one appeared. The compliance date and fine was to correct the violations by December 27, 2014, or a fine of $100 a day would be imposed thereafter. The violations remained outstanding for 61 days accruing a fine of $6,100 plus administrative fees of $534.12. Ms. Springer was contacted in February for a lien reduction inspection and she advised the case was not in compliance. They brought it into compliance on February 27, but they also conducted the lien reduction inspection which revealed the Respondent had to replace missing window screens, secure the property, obtain a permit for a water heater, .'replace both missing air conditioners, obtain a permit for a screen enclosure, utility room, sod bare areas in the front yard, repair soffit screens, a wood fence, broken planks on the front of the fence and repaint the fence. There were also outstanding property taxes and a water bill of over $2,000 that hadto be paid. The property was re- inspected on April 6, 2015, and some violations remained. Another inspection a month later revealed all was corrected. Dale Disham, Landsdowne Mortgage, explained they took possession of the home through a foreclosure. They got a contractor and improved the property and put the ;, Meeting Minutes Code Compliance Hearings Boynton Beach, Florida June 17, 2015 property up for sale. They removed the fence. They invested $6,000 and when the air conditioner was installed, someone stole it and they had to replace. it. Ms. Springer had photographs she showed to Ms. Ellis. Mr. Disham explained they worked with Ms. Springer to address each violation until the property was in compliance. Decision Based on the testimony, Ms. Ellis reduced the lien to $500, plus administrative costs of $634.12. Case No. 14-773 SFRH SF Rental LP 2621 NE 3rd Street Ms. Springer presented the case.. The Notice of Violation was sent April 1, 2014, regarding a Business Tax Receipt inspection. The case was heard on May 21, 2014. Aaron Gill appeared. The compliance date and fine was June 20, 2014, or a fine of $100 a `day thereafter. The violations were corrected on January 29, 2015, having 222 days of non-compliance and administrative fees of $634.12. Ms. Springer was contacted in February for a lien reduction inspection and violations pertaining to securing the building, repairing a broken window in the rear, replacing missing window screens, repairing fence in the rear, obtaining a permit for newly installed air conditioning and sodding the yard were found. The property was re- inspected on March 30, 2015, and the sod and fence violations remained. An inspection on May 8, 2015, showed all were addressed. Alex Saadi, SFRH SF Rental LIP, explained when the violations were occurring, they had a different property management company. They have many properties and they were not being maintained. They addressed the matter a few months ago and they were bringing all their properties into compliance. They spent $13,000 on this property. It is in compliance and they want to maintain it. Decision Based on the testimony, Ms. Ellis reduced the lien to $3,000 plus administrative costs of $634.12: Case No. 13-2354 SFRH SF Rental LP 302 SW 5t" Avenue Ms. Springer presented the case. The Notice of Violation was sent on October 25, 2013, pertaining to a Business Tax Receipt inspection and repair of the wood fence on the east side of the property. The case was heard on January 15, 2014, and no one appeared. The compliance .date and fine was January 30, 2014, or a fine of $50 a day would be imposed thereafter, The violations were corrected on May 22, 2014, having 19 CITY OF BOYNTON BEACH Petitioner, vs. LANSDOWNE MORTGAGE LLC Respondent(s).- CITY OF BOYNTON BEACH] FLORIDA CASE NO. 14-2414 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on, 'the Respondent's application for lien reduction on .lune 17, 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 December 17, 2014 on the Property located at 103 SE 21" Ave., Boynton Beach, Florida, with the legal description of. SEAWAY TERRACE LT 9 (LESS. SEACREST BLVD R/W), according to the plat thereof as recorded in Plan Book 23, Page 127, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-33-12-000-0090 is REDUCED TO 51;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 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this % day of .12015. Carol D: Fitt CODE COMPLIANCE MAGISTRATE ATTEST: c,. Z10 6 Y CLERK 4,C1/ L copies furnished: Honorable Mayor, and the City Commissior City Attorney City Clerk Respondent JUL 13 Zia CiTY CLERK'S OFFICE