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05-512 - Richardo R. Marchesini.- The City of Boy nton Beach Police Department "A CFA Accredited Law Enforcement Agenc_ 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (56I) 742 -6100 Fax. (561) 742 -6185 G. Matthew lmmler, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (561) 74_X6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 5, 2012 To: City Commission From: Code Compliance Division RE: Code Compliance Case #05 -512 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. ❑ 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 dayof .2011. America's Gateway to the GuIfstream C Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL December 19, 2011 amount of $1,634.12, including administrative costs. The motion was seconded by Ms. Carroll and unanimously passed. Case No. 10 -573 Harbor Cay LLC 605 Lakeside Harbor Ms. Springer reviewed the details of the case. The property was cited March 1, 2010 for violations pertaining to mowing and removing trash and debris. It was heard April 21, 2010 and no one appeared. The compliance date set by the Board was May 6, 2010 or incur a fine of $100 per day. Compliance date was October 13, 2011 for 524 days of non - compliance. Joe Denardo, of 1401 SE 10" Street, Suite 130, Pompano Beach. Vice Chair Yerzy inquired in order to expedite this matter, could Mr. Denardo attest that the testimony in this case would be the same as the first one. Mr. Denardo advised the situation and testimony were identical, 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 April 21, 2010 to an amount of $1,634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 05-512 Richardo R. Marchesini 916 S. Seacrest Blvd. Ms. Springer reviewed the case. The property was cited March 7, 2005, to repair or replace driveway and install sod in swale area. The case was heard May 18, 2005. No one appeared. A compliance date was set for June 17, 2005 or incur a fine of $25 per day. Compliance was documented on August 16, 2011, having 2,250 days of non- compliance. In July of 2011, Ms. Springer was asked to ensure the property came into compliance. On August 9, 2011, she received a call that the final inspection for the driveway was done and it passed. In addition, in order for this to come before the Lien Reduction Board, the Respondent had to repair or replace the soffits and soffit screens, repair or replace the fascia in the pool area, replace missing window screens and repair the sprinkler system. She provided photographs. Aubrey Ben Hama, 7000 West Palmetto Park Blvd, Suite 300, Boca Raton, advised he represented Wachovia Bank who was the current owner of the property. He advised that although the property had been in violation since 2005, the client took legal title of the property in April 2011. Since that time, Wachovia had spent over $30,000 to bring the property into compliance. There was a contract on the unit and that was ready to 3 U Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL December 19, 2011 close as soon as the lien issue was resolved. The contract price was for $75,000 by someone who would be living in the property. He was requesting the fines reflect the amount of time it took Wachovia to bring the property into compliance, which was a little more than three months, and the amount of money spent. Ms. Carroll inquired as to what the $30,000 covered as far as improvements and Mr. Ben Hama advised he did not have an item by item list. He further advised that Mr. Marchensini was the previous owner and was foreclosed on by Wachovia Bank. The Bank took legal title on April 15, 2011. He requested to reduce the lien to $3,000 and explained the figure was based on how long Wachovia owned the property and the amount of liens and calculated it on a pro rata basis. Ms. Springer advised the Board that the work performed was done between August 16, 2011 and September 8, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 18, 2005 to an amount of $3,634.12 including administrative costs. Mr. Cole seconded the motion with discussion. Chair Costantino advised she would like the lien amount to be at least $5,000 plus administrative costs. Mr. Alexis advised he would like to see it go to $6,000 including administrative costs. There was discussion on the legality of the Bank entering the property before it took legal title. The motion failed 3 -3 (Mr. Alexis, Ms. Carroll, Ms. Yerzy dissenting). 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. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 18, 2005 to an amount of $6,000 including administrative costs. Ms. Carroll seconded the motion. The motion passed 5 -1 (Vice Chair Yerzy dissenting). Case No. 07 -350 Martin's BBQ, Inc. 399 Winchester Park Blvd. Ms. Springer reviewed the case. The property was cited February 6, 2007, to bring the property back to the original site plan on file with the City, mow, trim and weed property, remove junk, trash, debris and graffiti. The case was heard February 17, 2010. Jim 4 AWN CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 05 -512 RICARDO R. MARCHENSINI Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on December 19, 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 Mov 18.2005 on the Property located at 916 S. Seacrest Blvd.. Boynton Beach, Florida, with the legal description of: BOWERS PARK LT 13 (LESS W 7 FT & EXT CURVE AREA RD R/W) & LT 14 BLK 20, according to the plat thereof as recorded in Plat Book 11, Page 57, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 28 -12- 020 -0130 is REDUCED TO $6,000.00. 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 permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. nnrrG errn nnmmOPn .frP. i , o—ina at City of $oynton Beach, Palm Beach County, Florida this day of Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Comvnission City Attorney Cit Clerk FILED Respondent JAN 0 4 2012 CITY CLERK'S OFFICE 1