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11-1172 - Mark Veen and Margaret Turner 115 SE 124th AvePolice Department "A CFA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. 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: May 31, 2012 City Commission Code Compliance Division Code Compliance Case #11-1172 :0. POLI Z EST, sash O 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 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. a 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 _ _ _ _ _ _ - - 7 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 complete. If the notice was sent to the main address at Citimortgage, it is sent all over the country. The foreclosing attorney knows where to send the notice. The property was under contract for $28,000. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has compiled 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 August 18, 2010, to an amount of $3,634.12, including administrative costs, Ms. Yerzy seconded the motion that unanimously passed, Case No. 11-1172 Mark Veen & Margaret Turner 115 SE 124th Avenue Ms. Springer presented the request and indicated the notice of violation was sent May 12, 2011, for violations pertaining to a Business Tax Receipt, removal of trash and debris, and outside storage. The case was heard on July 20, 2011, and no one appeared. The compliance date and fine established by the Board was July 31, 2011, or a fine of $150 a day would be imposed thereafter. The violations were corrected on January 26, 2012, having 178 days of non-compliance. Ms. Springer explained Mr. Veen was living in one of the units, and his girlfriend was living in the other unit rent free. He signed an exempt form on January 20, 2012, Staff verified that all the other violations complied on January 26, 2012. There was a memo from the Building Department dated September 22, 2011, indicating there was no electric service to the premises and an extension cord connected to another property was used to obtain service. The house is placarded and the tenant was told to call Code Compliance when power was restored. An outstanding water bill of over $4,000 from Mr. Veen was paid prior to coming before the Board, Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker for Citimortgage, was present. Mr. Matthews explained he received the listing on January 9, 2012. On January 10, 2012, he contacted Mr. Veen and made arrangements for him to move out on February 20, 2012. After that point, they corrected the exterior violations, removed the trash and trailer which was on the premises, mowed the property and improved the landscaping. The property has been in compliance ever since. As to the Business Tax Receipt, because Mr. Veen signed an affidavit indicating he was living there and the girlfriend was living there for free, there was no violation. It was also noted there were health and safety concerns that were not part of the case. Ms. Springer distributed photographs to the Board. Mr. Matthews explained when the deal was made to move Mr. Veen out, no one was living in the other unit. He noted the property has been under contract for several months for $28,000. D; Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 N Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents 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 July 20, 2011, to an amount of $1 730.15, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed Case No. 09-3879 Amtrust Bank 566 W. Ocean Avenue Ms. Springer presented the request and indicated the notice of violation was Sent December 11, 2009, for violations pertaining to registration of a foreclosure and trimming hedges at the corner to provide an unobstructed view of the intersection. The case was heard on January 20, 2010, and no one appeared. The compliance date and fine established by the Board was February 4, 2010, or a fine of $250 a day would be imposed thereafter. The violations were corrected on April 16, 2012, having 801 days of non - compliance. The Respondent had to pay an outstanding water bill and registration of the property was confirmed on April 13, 2012. Addressing the hedges was confirmed on April 16, 2012. They also had to repair the windows, screen and an air conditioner to apply for the lien reduction. Laura Rollins, 1450 SW 10th Street, Suite B, Delray Beach, the listing agent, was present. Ms. Rollins obtained the listing on January 11, 2012, and was not aware of the violations until the property was under contract on March 28, 2012. When she learned of the violations, she contacted Ms. Springer, registered the property, landscaped and trimmed the property and paid a municipal lien. The sale price of the home was $86,000, Ms. Springer distributed photographs to the Board. Ms, Rollins explained they spent almost $4,000 on a new air conditioner; they paid to have graffiti removed and the preservation team mowed and replaced the windows. The cost for the windows was about $525. Discussion followed the Bank received notification and there was a dangerous situation created from the hedges at the intersection. Ms. Rollins explained the Certificate of Title was issued April 2012. The lis pendens was issued June 23, 2008. Another real estate agent had registered the property, but had done so incorrectly. As to a dangerous intersection being created because of the hedge height, Ms. Rollins explained there was no through traffic as the road dead-ended against the interstate and was on a cul-de-sac; however, a stop sign was observed in the photograph, 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. MARK VEEN & MARGARET TURNER Respondent's). J CASE NO. 11-1172 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 21, 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: 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 July 20, 2011 on the Property located at 1 ] 5 SE 14` Ave., Boynton Beach, Florida, with the legal description of; CENTRAL PARK ANNEX- BOYNTON LT 15 BLK 10, according to the plat thereof as recorded in Plat Book 12, Page 51, of the Public Records of Palm Beach County, Florida, PCN. 08- 43- 45 -28 -13 -010 -0150 is REDUCED TO $1,730.15. 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 thisA4 day of 1 2012. ° f TES r J,� Y SVY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney . City Clerk L . -I 1� ' Respondent Michele Costantino, Chairperson CODE COMPLIANCE BOARD ZMEEMIUM