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11-674 - Jean & Chrislene VolcyPolice Department "A CFA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-031 Phone: (56 7) 742-61 F ax: ax: (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 #1 1-674 POLI � ou rb �r z "I 0 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. ci 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 Gul tream 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 they 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. if, 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 57 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 In, Meeting Minutes Code Compliance Board Boynton Beach, FL November 19, 2012 members of the screened room and repair the north side screens. The second inspection on October 29, 2012, was successful. The Respondent was present. John Baughman, 57 Buxton Lane, was the realtor for the Bank. Mr. Baughman advised the property was taken as a foreclosure and, as a result, the Code violations were inherited. Possession of the Property was not taken until the first week of July. The repairs were started on July 6 , mainly the HOA repairs. Upon completion, the extensive and fairly expensive City violations were addressed, Permits were required, as well as, architectural approval. Mr. Baughman continued that the occupants were paid $2,500 for cash for keys relocation assistance and the property was under contract as of September 12, 2012 for $115,000. The buyers are currently living in a hotel and waiting for closing. Approximately $11,000 was spent on repairs. 50TA Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Jean & Chrislene Volcy, 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $4,230.15, including administrative costs. Vice Chair Foot seconded the motion. The motion passed 4-1. (Ms. Carroll dissenting). Case No. 11 -290 Southern Homes of Palm Beach LLC 3031 Waterside Cir Ms. Springer presented the details of the case as contained in the original violation. This case came before the Board on March 16, 2011 and no one appeared. The compliance date was set for March 26, 2011 or incur a fine of $100 per day. The case complied on December 21, 2011 for a total of 269 days, All requirements for lien reduction had been met, The case originally was for non-payment for the fire inspection fee. Alexander Aguirre, 9630 SW 146 Street, Miami, and David Andrada. 12600 SW 50" Court, Miramar, were the representatives for Waterside Homeowners Association. Mr. Aguirre stated the property was issued a receivership in August, 2010: In February, 2011, the receivership took possession of the property, In April, notification was made indicating there was a change in the President for the association. There was also a change in management in May and accounts were set up by the receivership. He read a letter of resignation from the President and notice of the appointment of Mr. Andrada to the HOA Board. The change in Board members had caused minor conflicts to invoicing approvals between the Board, the HOA Management Company and the receivership. This created delays in payments to vendors and associated work on the property, He continued to explain why the $300 fire inspection fee could not be paid and reiterated that receiver was court appointed. 7 CODE CONIPLIANCE BOARD CITY OI' B O'1'NTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, us. CASE NO. 11-674 JEAN & CEIRISLENE VOLC Y Respondent's). LIEN MODIFICATION ORDER THIS CAUSL came bcl'ore the City o1` 13o nton 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 part was ill violation of, the date of the original board ltearim'. the date: the aflidavit of compliance ��as issued. the current lien amount and all pertinent information relating to the specific case and being otherwi ise duly advised in the premises, it is hereup011, ORDERED AND ADJUDGED that: 1. This Board has subject matter of this cause andjurisdiction over the Respondent. ?. The Respondent h:rs met all the lie tt reduction procedures established by the City Code of Ordinances. 3. The lien imposts by the Board on June 15, 2011 on the Property located at 57 Buxton Ln., Boynton Beach, Florida, with the legal description of: BOYN "I'ON LAKES PL 5 LT XJ 131-K 7, according to the plat thereof as recorded in Plat Book 52, Page 105, of the Public Records of Palrn Beach Count . 1:101 PCN: 08- 43- 45 -08 -09 -007 -0090 is REDUCED TO x;1,230.15+. -4. The Clly shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recardccl in the public records of P,thrt Beach County at the Respondent's expense. 6. This Order is taut linal until the time period fur appeal under the Code has elapsed and if appealed is propert disposed by the Cit; Commission, 7. In die event that the properta o« ner flocs not eumply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) clays of C'ommission's action, the Lien Reduction Order shall be of no further Force or effect, and the original lien 'h.111 remain on the property. No extensions of the ninet. (90) day period shall be permitted, aiid no 1`urthcr action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. DONL AND ORDERED alter Bearing at C'it,, of` Boynton Beach, Palm Bench Count,, Florida this day of — - .?(112, (tkA-v Lalamaz::� M ichele Costantino, Chairperson CODE- COMPI -1 \NCF. BOARD A I TFST: