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11-3397 - Karen J Efron TrustPolice Department "A CPA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 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: December 11, 2012 City Commission Code Compliance Division Code Compliance Case #11-3397 tl 1 z 0 E.9T. 16th 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. u 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". 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 Gul s tream �f Meeting Minutes Code Compliance Board Boynton Beach, FL I - 1 overnber 19, 2012 Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order, Ms. Carroll seconded the motion that unanimously passed. Case No. 10-2791 Deutsche Bank National Trust 7241 . Ocean Ave Diane Springer, Code Compliance Coordinator, presented the case as contained in the original notice of violation. It was brought before the Board on November 17, 2010 and no one appeared. The compliance date set was December 2, 2010 or incur a fine of $150 per day, The case complied on October 23, 2012 for 690 days of non- compliance plus administrative costs. The case met all the Lien Reduction requirements. Ms. Springer further stated she spoke to an attorney on October 17, 2012 who referred the Respondent to her and requested information on how to comply the case. After the Respondent received the information, the case was complied in six days. The Respondent was present. Esther Stern, 680 NE 32 Street, Boca Raton, was a member of the management company. She advised the liens were put in place before she owned the property. It was purchased on the foreclosure auction and as soon as she was informed of the liens, they were taken care of immediately. The house was sold for approximately $70,000. Vice Chair Foot requested confirmation of who would be paying the fines. Ms. Stern advised her company Deutsche Bank National Trust LLC was responsible for payment of the fines and was not affiliated with Deutsche Bank. J, Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust LLC, 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 Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $5,364.12, including administrative costs. Mr. Bucella seconded the motion. The motion passed 4-1 (Ms. Carroll dissenting). Case No. 11-3397 Karen J. Efron Trust 190 SE 27 Place Ms. Springer presented the case as contained in the original notice of violation. It was brought before the Board on March 21, 2012 and no one appeared. The compliance date set was March 31, 2012 or incur a fine of $250 per day. The case complied on June 13, 2012 for 73 days of non-compliance plus administrative costs. The case met all the Lien Reduction requirements. Ms. Springer further stated all the violations were corrected which included payment of outstanding property taxes and water bills, in order to,appear before the Board. In addition, a wooden fence was repaired, replacement of screens on patio doors was completed, screws were removed from awning windows, and the overgrown yard was mowed and hedges were trimmed. The Respondent was present. Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 Scott Efron, 17569 Middlebrook Way, Boca Raton, advised he lived in Boston and was here for the winter. He contacted Code Enforcement when he first received the letter. He advised he was working on everything that was in violation, but the condensers on the air conditioning units were constantly being stolen. All permits were secured that were necessary and all the work was performed. He did not bring the paperwork that stated he had completed all the necessary permits. Mark Sandullo, 17569 Middlebrook Way, Boca Raton was a colleague of Mr. Efron, He advised a letter was received from Code Enforcement indicating what needed to be done, He was assured from the Code Enforcement Officer that everything would be okay as long as they continued to pursue the permits. They diligently did everything the City asked. Ms. Springer stated the case was initiated on December 15, 2011. Application was made for the permits on January 5, 2012. They did not get the permits until June. She believes the Code Enforcement Officer had given several extensions and had checked on several occasions to see if the permit was issued. At one point, the Respondent was told to pick up the first set of comments in January. The second set of comments was called for in April. She continued that it may have been perceived that the Respondent was not doing anything and that was why the case was initiated. The permit was issued on June 13, 2012. The Respondent stated the contractors were slow but continually followed up with the City. All work was done with permits. Ms. Springer added that there was a red tag from the Building Department on November 9, 2011 that stated unpermitted work was observed on the windows and re-roof. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Karen J. Efron 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, Bucella 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 $2,364.12, including administrative costs, Ms. Carroll seconded the motion that unanimously passed, Case No. 11-674 Jean & Chrislene Volcy 67 Buxton Lane Ms. Springer presented the details of the case as noted in the original violation. The case was brought before the Board on June 15, 2011 and no one appeared. The compliance date proposed was June 30, 2011, or incur $150 per day. The case complied on October 2, 2012 for a total of 459 days of non-compliance plus administrative costs, Ms, Springer stated she was first contacted by Mr. Baughman to confirm compliance at the beginning of October. On October 10, 2012, he requested a lien reduction inspection and it was found he still had to replace the missing structural 1.1 CODE COMPLIANCE BOARD CITY OF BO`3t'NTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner. vs. CASE NO. 11 -3397 KAREN J. EFRON TR. 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 November 19, 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 March 21, 2012 on the Property located at 190 SE 27 "' Pl., 4. Boynton Beach, Florida, with the legal description of SEACRFST ESTATES LOT 2 BL.K 5, according to the plat thereof as recorded in Plat Book 24, Page 245, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 33 -08- 005 -0020 is REDUCED TO $2,364.12. 5, The City shall prepare a release and satisfaction consistent with this Order. 6, The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 7. 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 Coriunission, 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 Conunission'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. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: 1