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08-1982 - Raynold D & Muracia SimeusDate: To: From RE: Police Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulc uard R 0, Box 310 Boynton Beach, Florida 33425-0310 Phone., (56 7) 742=6100 Fax: (561) 742-6185 G. Matthew Immler, Chief qjfftlice Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 March 28, 2012 City Commission Code Compliance Division Code Compliance Case #08-1982 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) u 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. o 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 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19,2012 .... .... .. .... .. ......... Vice Chair Yerzy moved to amend his motion having to do with Case No, 11-272, Ms. Yerzy agreed to the amendment. rhe motion unanimously passed. Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent 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 Yerzy moved that this Board rescind the fine instituted in Case No. 11-272 by virtue of this Board's Order of August 17, 2011, and that the lien imposed by that Order be released with the stipulation that all outstanding taxes due to the City from the property owner be paid in full prior to the rescission of fine, Ms. Yerzy seconded the motion. W It was noted that the City was in agreement with this stipulation. The motion unanimously passed. Case No. 08-1982 Raynold D & Muracia Simeus 3105 Ocean Parkway Attorney Bridgeman administered the oath to the Respondent present. Ms. Springer presented the case. The notice of violation was sent on July 10, 2008, for violations pertaining to removing graffiti from the driveway, mow the yard, and remove trash and debris. The case was heard on August 20, 2008, and no one appeared. The Respondent was ordered to correct the violations by August 30, 2008, or incur a fine of $100 per day. The violations were corrected on May 11, 2011. An outstanding water bill and municipal liens were paid in full. On May 24, 2011, the Respondents were given a list of repairs to be done in order to apply for Lien Reduction. It took the Respondents until December 15, 2011, to come before the Board as the list of repairs was extensive. It included fixing the rotted fascia and the sliding door window; replacing the soffit screens; repairing broken windows; and removing trash, debris and tires. There was open electrical; an unsafe meter can; overgrown grass, hedges and weeds; sodding yard areas; replacing the mailbox; and repairing the sprinkler system. The only item addressed quickly was they boarded up the structure almost immediately. Fabiola Ruth, 3939 NE 5th Avenue, D-104, Boca Raton, the leasing agent representing the Bank was present. The property was foreclosed. The Bank took over the property in early 2011 and was put on the market right away, A contract was entered into, and the lien search reflected the Code violations. The contract price was $19,900. W Boynton Beach, FL March 19, 2012 Ms. Springer distributed photographs to the Board. The home was under contract and an investor was purchasing the property. The home needed a kitchen, flooring, and a lot of repair. Although the Bank made a several repairs, more repairs were needed. Chair Costantino commented the condition of the home had a horrible impact on the neighborhood, IM= Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent 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 Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of August 20, 2008, to an amount of $20,000 including administrative costs. Mr. Foot seconded the motion that unanimously passed, Case No. 10-686 Deutsche Bank National Trust 3106 Ocean Parkway Ms, Springer presented the case. The notice of violation was sent on March 2, 2010, for violations pertaining to registration of foreclosed property and to secure the dwelling. The case was heard on April 21, 2010, and Attorney James Karrat appeared, The Respondent was ordered to correct the violations by May 6, 2010, or incur a fine of $100 a day. The violations were corrected on May 11, 2011. Fabiola Ruth, 3939 NE 5th Avenue, D-104, Boca Raton, had no further comments. Ulm Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent 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 Yerzy moved that this Board rescind the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010, and that the lien imposed by that Order be released. Ms. Yerzy seconded the motion that unanimously passed. • Ms. Yerzy moved to table Case No. 10-2994 to the next Lien Reduction meeting. Mr. Bucella seconded the motion that unanimously passed. 11 CITY OF BOYNTON BEACH Petitioner, vs. RAYNOLD & MURACIA SIMEUS Respondent(s). CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 08-1982 LIEN MODIFICATION ORDER. THIS CAUSE: came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on March 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 islet all the lien redaction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on Au€:ust 20, 2008 on the Property located at 3'105 Ocean Pkwy., Boynton Beach, Florida, with the legal description of.- ROLLING f:ROLLING GREEN RIDGE LT 17 BLK 8, according to the plat thereof as recorded in Plat Book 24, Page 124. of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-09-12-008-0170 is REDUCED TO $20,000.00, 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 Palin 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. T 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 hen reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this7 day of 2012. Michele C'ostantino, Chairperson CODE COMPLIANCE BOARD ATTEST: 91'LERK copies 1111-n he& - flonor,ai le'' c'r:,fzjjl e City Commission Cite Clerk Respundent ; ? Y f „Y BAR 2012 CITY CLER0 OFFICE