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11-2337 - C-HP Cove IncThe Citu ofBlInton Beach Police Department "A CFA Accredited Law Enforcement Agency 7 100 E. Boynton Beach Boulevard P. G Box 310 Boynton Beach, Florida 33425-0310 Phone: (562) 742-61 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: September 5, 2012 City Commission Code Compliance Division Code Compliance Case #11-2337 CVL POLZ ���f ,/ 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) D Said review must occur within thirty (30) days of the request for review. o 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. u 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 2011, America's Gateway to the Gulfstream I ^ 0110-14-MIRLMN 6oynton iSeach, FL August 20, 2012 the fines instituted in the aforementioned case by virtue of this Board's Order of March 21, 2012, and that the lien imposed by the Order be released. The motion died for lack of a second. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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 March 21, 2012 to an amount of $1,734.12, including administrative costs. Chair Costantino passed the gavel to Mr. Cole and seconded the motion that unanimously passed. Mr. Cole passed the gavel back to Ms. Costantino. Case No. 11 -2337 C/HP Cove Inc. 8 Southern Cross Circle Ms. Springer presented the case. The notice of violation was sent August 25, 2011, and the case was heard November 16, 2011, and no one appeared. A compliance date was set for December 16, 2011, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on June 14, 2012. Ms. Springer pointed out permits were required for much of the work that was done and that time element should be considered. Arthur Fufidio, 112 N. Anchorage Drive, North Palm Beach, requested the Board recognize the management company that was in place at the time of the violations and during most of the repairs was no longer involved. His company is a non-profit property management company that specialized in properties with problems that need to be solved. They did not take over until July 1 of this year and he maintains a State of Florida Contractors License. He was brought in ahead of time to ensure the repairs and permits needed would be expedited. He was present for all inspections since mid-June to when the property passed inspections. Mr. Fufidio noted there were a number of mitigating circumstances. The first was the property was cited in August 2011. In November of 2011, the contractor pulled one permit and then disappeared. A second contractor was brought in to reevaluate the site which set work back a few months. Once they got going, they were in contact with Code Enforcement on a weekly basis and had interim inspections. Another reason they were brought in was because they intend to do preventative maintenance with Clipper Cove so they do not have to appear before the Board again, They are the only management company working with the owners now. The location of the project was discussed. There are 25 separate buildings with different addresses. 0 Meeting Minutes Code Lien Reduction Boynton Beach, FIL August 20, 2012 �1­ ­_­ ... .... . ...... . ... Code Compliance picked one building to be used as a home base address for the case. The project was Clipper Cove Apartments located next to Congress Middle School. Every violation was corrected. The project was on 56 acres. Mr. Fufidio commented the reason for the violations was because there were a lot of separate repairs that needed to be done. Many staircases were iron with cement treads. The staircase did not look bad, but parts were rusted and loose and there were areas where stucco was bad. There was maintenance but it was a band-aid approach and now the band-aids were falling off and more drastic repairs were needed. There were 384 units and about 96% were occupied. These were affordable rental units. Due to FDIC program regulations, 50% of the units were geared to the area median income and the other 50% were rented at the market rate. All the violations were corrected. Chair Costantino felt much of this did not occur overnight. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, C/HP Cove Inc., 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. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 16, 2011, to an amount of $20,634.12, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 09-2802 Ands Jovin, Elnita L. Garcia 11 NW 28th Avenue & Marie P. Dorceus Ms, Springer presented the case. The notice of violation was sent August 27, 2009, for violations pertaining to the repair or removal of the fence, trash, trimming of trees, removal of wood from windows, repair of broken windows, installation of window screens, and repair or removal of the ramp to the front door. The case was heard on October 21, 2009, and no one appeared. A compliance date was set for October 31, 2009, or a fine of $500 per day would be imposed thereafter. The violations were corrected on August 29, 201 Ms. Springer had been contacted over a year ago about a Lien Reduction and the respondent was given a list of items to correct including paying outstanding water bills. There was trouble getting the bank to pay the water bill so it was not eligible for lien reduction until recently. The water bill was put off several months until the Bank actually paid it. M CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. C /HP COVE INC. Respondent's). CASE NO, 11 -2337 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on August 20, 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 November 16, 2011 on the Property located at S Southern Cross Cir., Boynton Beach, Florida, with the legal description of: LANDINGS PL ALL OF PLAT (LESS TRS A, B, & C, according to the plat thereof as recorded in Plat Book 52, Pages 49 through 52, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 30 -19- 004 -0000 is REDUCED TO $20,634.12. The City shall prepare a release and satisfaction consistent with this Order. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. b. 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 thi day of 1 2012. TESfi'. Fr Y CLERK � 9' copies furnished: Honorable Mayor and the City Commission City Attorney City Clerkx Respondent CLERK OFFICE Michele Costantino, Chairperson CODE COMPLIANCE BOARD