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09-2802 - Anos Jovin, Elnita L Garcia & Marie P DorceusI , U m Date: To: From RE: Police Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Boule uard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fav (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 September 5, 2012 City Commission Code Compliance Division Code Compliance Case #09-2802 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. Lj 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. D 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 12011. Arnerica's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 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. ZrANUM 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 Anos 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, 2011. 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 aGtuaijy paid it. 10 Meeting Minutes Code Lien Reduction Boynton Beach, Fly. August 20, 2012 The property is in foreclosure and the Bank was Wells Fargo. The issue was strictly a Bank obligation. Laura Fabrizio, 4919 Memorial Highway, Tampa, Attorney for the Bank testified they received Certificate of Title on February 2011. They were in compliance, but she did not have the Affidavit of Compliance. The property was a single family home, It was not sold. Mr. Foot thought $16 thousand may be in line with the damage done to the neighborhood due to its appearance. There was also brief discussion that all fines were deposited into the General Fund and was inclusive of the administrative costs, so the administrative amount did not have to be added on. E071w, Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Anos jovin, Emita L. Garcia & Marie P. Dorceus, have 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 October 1, 2009, to an amount of $1,6,000, including administrative costs. Ms, Yerzy seconded the motion that unanimously passed. Case No. 11-1733 Victor & Sandra Santiago 604 NW 1st Avenu-. Ms. Springer presented the case, The notice of violation was July 6, 2011, for violations to mow and trim the yard. The case was heard on August 17, 2011, and no one appeared. A compliance date was set for September 1, 2011, or a fine of $100 per day would be imposed thereafter. The violations were corrected on December 7, 2011. Ms. Springer spoke with an individual on May 25th, and they were given a list of corrections to be made to apply for a lien reduction including replacing the air conditioning, an air handler, repair pool pump and fence, pressure clean the pool and repair open wiring. There were no outstanding bills to be paid at the time, Diane Balsara, 1200 S. Federal Highway, Unit 307, Boynton Beach, with Nautica Reaity, testified she received the property on May 11, 2012, The Certificate of Title was issued on April 21, 2012, and they immediately contacted Code Compliance and reviewed the list of needed repairs. Additionally, the seller made additional repairs that were not required. The property was under contract and set to close. She had before and after photographs for the Board's review. The property had been in foreclosure. When the mowing violations were incurred, the property was not in foreclosure at the time and the prior owner was cited. To her knowledge the prior owner corrected the I CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09-2802 ANDS JOVIN, ELNITA L. GARCIA & MARIE P. DORCEUS 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 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 October 71, 2009 on the Property located at 11 NW 28`h Ave., Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 1sT ADD LT 15 BLK 20, according to the plat thereof as recorded in Plat Book 24, Pages 223 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-16-01-020-0150 is REDUCED TO $16,000,00. The City shall prepare a release and satisfaction consistent Xvith this Order. 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 day of 2012. copies lurnisneu: Honorable Mayor and the City Commission City Attorney City Clerk Pi Respondent AUG201 CITY CLEW PEKE Michele Costantino, Chairperson CODE COMPLIANCE BOARD