04-1917L
TOO TITIZO-Vi
Police De aitment
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (56I) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX.- (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: March 14, 2016
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #04-1917
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)
❑ 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".
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 Special Magistrate Hearings
Boynton Beach, Florida February 17, 2016
door and driveway. Repair damaged
soffit. Replace sprinkler pump. Gate to
be self -latching. Secure property at all
openings.
Ms. Springer presented the case. Notice of violation was sent on July 25, 2012. The
Code hearing was on October 17, 2012, and Marjory Levine, attorney, for the bank,
appeared. Compliance date and fine set was October 27, .2012, or $350 a day. Case
came into compliance on September 27, 2013; there were 334 days of non-compliance
at $350 a day for a total lien of $116,900 plus administrative fees of $634.12.
Ms. Springer said she met with the management company in 2013, going through
several Inspections. She gave them a list of items needing repair. At the end of 2015,
she was contacted by Mr. Mickley, who asked about the lien reduction process if he
were to purchase the property. He purchased the property and the bank did some
repairs. It came into,compliance on January 6, 2016, to be eligible for lien reduction.
Eric Mickley; current owner, said he became aware of the lien after the offer to
purchase was already made. They made repairs to bring the property into compliance.
He provided a list of repairs, noting he spent approximately $5,000 fixing them. He paid
$90,000 for the property and is currently living there.
Decision
Based on the testimony, Ms. Ellis reduced the lien of $116,900 to $1,500 plus $634.12
of administrative costs.
Ms. Springer said the next two cases are for the same property.
Case No. 04-1917 Stewart L. Aldrich & Sheila R.
Aldrich
Property Address: 409 SW 5 Avenue
Violation(s): CO CH10-2
CO CH 15 ART 9-15-120 (D) INC
Mow overgrown yard and lot. Trim ali
trees and hedges. Remove trash and
debris. install driveway or define it.
Raise canopy of trees at least 10 feet
from the ground,
Ms. Springer presented the case. Notice of violation was sent on August 13, 2004. The
Code hearing was on November 17, 2004, and no one appeared. Compliance date and
fine set was December 17, 2004, or $25 a day. Case came Into compliance on
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Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida February 17, 2016
February 5, 2016; there were 4,066 days of non-compliance at $25 a day for a total lien
of $101,650 plus administrative fees of $730.15.
Ms. Springer said they inspected on December 28, 2015, and found they were not in
compliance on a number of items. It was re -inspected on February 22, 2016, and
everything was satisfactory for lien reduction. Ms. Springer presented photos.
John Lewis, owner, stated the photos were an accurate representation of his property.
He mentioned they bought the property from an elderly woman who did not have the
means to maintain it. He paid $120,000 for the property in July of 2015, and made all
the repairs. They are in the process of fixing up the property and plan to sell it for
around $190,000. ,
Decision
Based on the testimony, Ms. Ellis reduced the lien of $101,650 to $1,500 plus $730.15
of administrative costs.
Case No. 14-1381 Shelia R. Aldrich
Property Address: 409 SW 5 Avenue
Violation(s): CO CHI SECT 15-120 (D) INC
Mow overgrown yard. Remove trash
and debris from front, side, and rear areas.
De -weed and define driveway.
Ms. Springer presented the case. Notice of violation was sent on June 9, 2014. The
Code hearing was on August 20, 2014, and no one appeared. Compliance date and
fine set was August 30, 2014, or $50 a day. Case came into compliance on February 5,
2016; there were 523 days of non-compliance at $50 a. day *for a total lien of $26,150
plus administrative fees of $634.12.
Decision
Based on the testimony, Ms. Ellis reduced the lien of $26,150 to $1,000 plus the
$634.12 of administrative costs.
B. Cases to be Heard — New
Case No, 16-135 Anworth Properties Inc.
Property Address: 1609 NE 1 Street
Type of Property: Single-family home, not homesteaded
Violation(s): CO CH13 SECT 13-16
CO CH13 SECT 13-7 INC
CO CHI SECT 15-120 (D) INC
18
CITY OF BOYNTON BEACH, FLORIDA.
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE N0, 04-1917
STEWART S. ALDRICH & SHEILA R. ALDRICH
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on January 20, 2016, 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 duly 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 November 17, 2004 on the Property located at 409 SW 5`h Ave.,
Boynton Beach, Florida, with the legal description of:
FOREST PARK HEIGHTS LT 13 & W 3 FT OF LT 14, according to the plat thereof as recorded in Plat Book 25, Page 32,
of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-28-25-000-0130 is REDUCED TO 52,230.15.
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.
�avDONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this J&y of
, 2016
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
C TY CLERK xwolam
- copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
1
Clio( 04.ERK'8 OFFICE