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10-606 - Private Capital GroupPolice Department "A CPA Accredited Law Enforcement Agency" 100 K Boynton Beach Boulevard P. 0, Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: August 14, 2012 City Commission Code Compliance Division Code Compliance Case #10-606 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. j The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 1, , 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 America's Gateway to the GuV S tream Meeting Minutes Code Compliance Board Boynton Beach, FIL July 18, 2012 and the previous violations of the Respondent, that this Board impose and certify "No Fine," Mr. Cole seconded the motion that unanimously passed. Case No. 10-606 Private Capital Group 140 SW 7th Avenue Officer Roy presented the case. The notice of violation was March 2, 2010, for violations pertaining to registration of a foreclosed property. The case was heard on April 21, 2010, and no one appeared. A date and fine to correct the violations was set for May 6, 2010, or a fine of $100 per day would be imposed thereafter. The violations were corrected on March 12, 2012, having 675 days of non-compliance at $100 per day. Jesse Davidson, Esq., on behalf of Private Capital, read from the Ordinance and noted it was two-fold. The property was subject to the provisions of the ordinance and must be maintained in accordance with the property maintenance regulations, When they realized the property had not been maintained, they took immediate steps to do so. As a mitigating circumstance, he requested the Board consider they did maintain the property in accordance with those standards and requested the minimum fine be imposed. He pointed out the property was a foreclosure with intricate title issues. Chair Costantino explained this case pertained to registration of the property. Attorney Davidson explained they had not registered the property, It was his position they complied with half of the Ordinance and there was no prejudice to the City, There were realtors invoived and renovations were made to the property. Kathleen Ambridge, Broker with Portfolio Properties, and Janet Mitchell, Realtor with Destination Realty, were present, Ms, Ambridge testified the owner had resided in the property for most of the time. The Lis Pendens was filed with the intent to foreclose, but the bank then started to work with the owner for a solution and loan modification, which was unsuccessful and delayed the foreclosure proceedings. The owner had to relocate to find work and moved out in April 2012, Attorney Davidson stated for the record if one was cited under one specific statute or Ordinance, the entire regulation applied. He was not aware of any severability in the Statute. He explained there was no excuse for not complying with the registration, but at the time, the property was not owned by Private Capital Group and it would be an injustice to them as it was a foreclosure that had been pending for some time. They are not familiar with all the Ordinances and they did the best they could. He read from Section 10.5.5 of the Ordinance, "The property subject to this provision must be maintained in accordance with the property maintenance regulations as adopted by the City." It was part of the violation and they complied with half of it. Ms. Ambridge explained the property was under contract for $100,000 and would close on July 30th. If the fine was reduced, the bank would pay the fine and Attorney 3 Meeting Minutes Code Compliance Board Boynton Beach, FL July 18, 2012 Davidson expressed now that the occupant vacated the premises, it would be Private Capital Group's responsibility. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Private Capital Group, 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010, to an amount of $5,634.12, including administrative costs. Ms, Carroll seconded the motion. Mr, Foot thought the fine was excessive and suggested $2,000. Ms. Carroll was in favor of the reduced amount. The above motion passed 5-2 (Mr. Foot and Ms. Carroll dissenting.) [OpIm- 0 naffiVIN Officer Roy presented the case. The notice of violation was May 27, 2010, for violations pertaining to maintenance. The Respondent was to mow, weed and trim the yard. The case was heard on July 21, 2010, and no one appeared. The compliance date and fine set by the Board was July 31, 2010, or a fine of $50 a day would be imposed thereafter. The violations were corrected on June 4, 2012, having 673 days of non-compliance, Laura Rollins, Premiere Residential, 1450 SW 10th Street, Suite 813, Delray Beach, stated the property was a bank-owned property, assigned to them on May 16, 2012, When they did a property check, it was still occupied. They tried cash for keys with the tenants, who were living there illegally. The property was vacated on May 28, 2012. They were made aware of the violations on June 4, 2012, and they immediately had the property mowed and maintained. They also corrected other violations by July 9, 2012. She requested the lien be reduced. The property was scheduled to close on July 26, 2012 for $65,000. The members discussed the reduction amount, Officer Roy explained they obtained the property on Memorial Day. The property was mowed by June 4, 2012, It was noted the bank would pay the fine. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Howard M. Pennar, 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 fines instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010, to an 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA. CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -606 PRIVATE CAPITAL GROUP 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 July 18, 2012, . 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: 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 April 21, 2010 on the Property located at 140 SW 7' Ave., Boynton Beach, Florida, with the legal description of: BOWERS PARK LT 10 & E Yz FT OF LT 11 BLK 16, 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- 016 -0100 is REDUCED TO $5,634.12. 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 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this € ay of 11 1 , 2012. 3 P Michele Costantino, Chairperson CODE COMPLIANCE BOARD N CLERK t E .. � a1tF6i J UL [.1' copies furnished: a xe Honorable Mayor and the City Commission C,1 f , s PEKE City Attorney City Clerk Respondent 0