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10-2591 - Dana Vanderhoff The City of Boynton Beach Police Department "A erA AccredUcd Law Eriforcement AgencJ 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 74:;!-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: July 5,2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-2591 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) Q Said review must occur within thirty (30) days of the request for review. Q 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. Q The City Commission shall direct staff to take action consistent >Nth 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 ,2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL May 18, 2011 September 30, 2010 or $150 per day. Date of compliance was April 27. 2011 for 208 days for a total of $31,200, plus $634.12 in administrative fees. Alexander Gananno, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, is an attorney with the firm of Aldridge Conners and advised they represent the current owner. Mr. Levine no longer owns the property. It is currently owned by HSBC. He advised he spoke with the realtor and his understanding was that Mr. Levine rented the property without a business tax receipt and that is what led him to be out of compliance. The Sank took title to the property on April 11 J 2011 and his understanding was the property was vacant and compliant at that point. He is asking for a reasonable reduction as the Bank had the property under contract. Motion Based on the 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. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of September 15, 2010 to an amount of $1,500 including administrative costs. Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2591 Property Address: Violation(s): Dana Vanderhoff 928 Isles Road CO SBA FBC '07 105.1 Renew expired permit Officer Roy advised this came before the Board on November 17, 2010 and no one appeared. The compliance date and proposed fine set by the Board was November 27, 2010 or $75.00 per day. They complied on February 22, 2011 for a total of 86 days of non-compliance for a total of $6,450 plus administrative costs of $634.12. Bob Loscotai, 708 Lucern Avenue, Lake Worth, is the listing agent for Aurora Lawn Services which is the current owner of the property. He advised there is a pending sale on the property and had a closing date, but could not close because of the lien. He advised the purchase price on the property is $374,000. He advised the Board that they were required to get an inspection done and there were no permit requirements. It was an old permit and they just needed to call for an inspection. John Herring, Code Compliance Officer, advised this case was an expired air conditioning permit and the case was written to either renew the expired permit or apply for a new one. The air conditioning company renewed the permit and it passed inspection. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL May 18.2011 Motion Based on the 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. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $1,000 including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Serrano at Country Lakes. HOA 50 Country Lake Circle LOR CH 4, SEe 11 Site plan to be maintained per plan. Skip Lewis, Senior Code Compliance Officer. presented the case and reviewed the details of the violation. He advised they do have a plan in place. This was a complaint and the neighbors were in attendance to speak. The City's recommendation is to accept their plan. In summary, the homeowners along this border line took it upon themselves to remove very large trees which were part of the landscape border. The President of the Homeowners Association wants to rectify as soon as possible, but there are money constraints due to foreclosure. Case No. 11-554 Property Address: Violation(s): Mr. Foot inquired which trees the City was concerned with. Mr. Lewis advised the City was concerned about the whole site to bring it up to site plan. The recommendation before the Board was to plant the three "hot spot" trees. with the first three that affect the homeowners planted within 90 days, one during each month. The next ones would be planted over the process of a year. The compliance date for the three trees would be August 16, 2011. Roger Saberson, 2740 SW 23rd Cranbrook Drive. advised his home is directly behind the homes in question. In the beginning, the developer came to the City and instead of doing traditional single family zoning, they wanted more density. There was much discussion at that time about the type of buffering to be used to accomplish the density issue and provide privacy to adjoining property owners. The City maintained a strong stand on the issue. Ultimately what was planted was called "Shady Lady" trees. These trees grew to two stories in height and were finally achieving the purpose they were being planted for in the first place and then they were removed. The Board should be firm and he suggested that if the trees are not planted as scheduled, there should be repercussions. Mr. Lewis indicated that there will be input from the homeowners also to make sure when the first tree is planted, it is acceptable. 6 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10-259] DANA VANDERHOFF Respondent(s). I LIEN MODIFICA TJON ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on Mav 18.2011. 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 17. 2010 on the Property located at 928 Isles Rd.. Boynton Beach, Florida, with the legal description of: BOYNTON ISLES LT 33, according to the plat thereof as recorded in Plat Book 25, Page 34, of the Public Records of Palm Beach County, Florida, peN: 08-43-45-27-06-000-0330 is REDUCED TO $1,000.00. 4. The City shall prepare a release and satisfaction consistent with this Order. 1 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 untll 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 fUlther action by the Code Compliance Board or the City Commission shall be permitted regarding lien reductlon. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 1511 day of l' €y , 2011. ~~~ Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: "....-...J). .-.-.'- "=i' I ; '..., . . I.~ L' i~~ .::-..:1 ;..:.Ii,.\ ..- 2