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10-1499 - Peter Wolofsky The City of Boynton Beach Police Department UA CFA Accredited Law Bnforcemllnt Ag_ncll 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 74:k6100 Fax: (56l) 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 #10-1499 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) o Said review must occur within thirty (30) days of the request for review. CJ 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 wth their review of the <<Uen 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 arrange for re-inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion that unanimously passed. Case No. 09-3294 Property Address: Violation(s): US Bank National Association 1431 NW 3rd Street CO CH10 09-040 Inc. Foreclosure must be registered, mow overgrown yard, trim overgrowth and vegetation. Pete Roy, Code Compliance Officer, advised the hearing date was on January 20, 2010 and no one appeared. Compliance Date and proposed fine was set by the Board for February 4, 2010 or $250 per day. They complied on February 16, 2011, number of days of non-compliance were 376 days for a total of $94,000. Sue King, RElS Title, 1591 Haley lane, Ft. Myers, was the representative for the Respondent and advised a lien reduction was requested and sent a check in on April 12, 2011. When the search was done, lot clearing liens were discovered at which time the reduction hearing was requested, She could not advise when it was registered. The bank took Certificate of Title and it was recorded on September 25, 2010. The sales price on the property is $26,600. She did not have the figure of the Bank foreclosure. She advised she received the file on March 15, 2011. At that time, a search was requested to determine what was due. A check was ordered for $467.78 in addition to the $200 to appear for the hearing. Motion Based on the testimony and evidence presented in the aforementioned ease, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $9,400 inCluding administrative costs. Mr. LaRock seconded the motion that unanimously passed. Peter Wolofsky 407 SW 2nd Avenue CO CH10 SEC.10-2 Clean, mow and maintain vacant lot to include right of way (swale). Officer Roy advised this came before the Board on October 20, 2010 and no one appeared. The compliance date and proposed fine was set by the Board for October Case No. 10-1499 Property Address: Violation(s): 3 Meeting Minutes Code Compliance Board Boynton Beach. FL May 18, 2011 30, 2010 or $100 per day. They complied on January 5,2011 for a total of 66 days and a fine of $6,600 plus administrative costs of $826. Larry Flnklestein, 1501 Corporate Drive, Suite 240, Boynton Beach, was present for Separate Property, LLC which is the current owner of the property. Peter Wolofsky was a lender who foreclosed on several properties in this neighborhood and did not pay the taxes so the properties had been sold on tax deed sales. This property in question was not purchased on the tax deed sale, but one of the other parcels was purchased on a tax deed sale and the foreclosure had taken care of those liens. Mr. Finklestein advised they had complied on this lot before the property was owned because it was overgrown at the time and was next to another lot they owned. They went through the process of cleaning up the title, paid three years of municipal liens of about $1,500 for previous violations and the application fee. Once that was current, they applied for the. lien reduction. He advised they took title on April 26, 2011 and started working on the property back in October when the adjacent lot was purchased, Officer Roy advised he went by the property daily and by the time it came before the Board, it was not compliant and it was not until January that Mr. Finklestein advised the lots had been mowed and to reinspect the property. Mr. Finklestein advised they only mowed the property because it was next to another one of theirs, so they never contacted anyone. It was after that time, they contacted Mr. Wolofsky to purchase the property, but the liens were making it unaffordable. He further advised they are trying to make a trade with Habitat of Humanity, but were advised the past taxes had to be paid before the lien reduction could be applied for in the amount of $4.761 for 2008, 2009 and 2010 plus the $1,490.40 in municipal liens. 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 20, 2010 to an amount of $1,480.18 including administrative costs, Mr. LaRock seconded the motion that unanimously passed. Case No. 10-2130 Property Address: Violation( s): Jeremy Levine 1241 Sussex Street CO CH 13 SEe 13~16, Business tax receipt required. Officer Roy advised the Code Compliance Board hearing was on September 15, 2010 and no one appeared. Compliance date and proposed fine was set by the Board for 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10-1499 PETER WOLOFSKY Respondent(s). I LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on May 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 infonnation relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: I. 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 October 20.2010 on the Property located at 407 SW 2nd Ave.. Boynton Beach, Florida, with the legal description of: BOYNTON HEIGHTS ADD 1 L T 48, according to the plat thereof as recorded in Plat Book 4, Page 7, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-11-000-0480 is REDUCED TO $1.486.18. 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 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 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 pennitted, and no further action by the Code Compliance Board or the City Commission shall be pennitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this I t1 day of 1- /1' ,2011. Yv)~~ Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: 11 '. 4- /~Yn. ~ l....dTY CLERK. --X'~ rr: -rrl 'rr;:~ rD:I~' :-'J. ~:: !::~ ';"1 ;~~.'::: . "(-' . I"'" Ull""'" i:J ,.':1 "-~ ished: jUL 05 20" C\T'l ClERKl S OfFiCE Mayor and the City Commission ey k ~ ndent 2