09-947 - Mark ShiffDate:
To:
From
RE:
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Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Bouleuard
PTCI, Box 310
Boynton Beach, Florida 334250310
Phone: (562) 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
January 31, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-947
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.
D 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 12011.
Amet[ca's Gateway to the Gulfstream
Meeting Minutes
Code . F. r
Boynton Beach, FL January 18, 2012
Case ! #Mark Shiff 3805 S. Lake DHO
Officer Roy reviewed the details of the case. The property was cited April 7, 2009, to
trim overgrown hedge, mow and remove weeds, and remove trash and debris. The
case was heard May 20, 2009. No one appeared. A compliance date was set for June
4, 2009 or incur a fine of $100 per day. Compliance was documented on May 12,
2011, having 706 days of non-compliance for a fine of $70,600.
Tricia Burke, Caldwell Banker, 1185 East Atlantic Avenue, Delray Beach, was the
listing agent for J.P. Morgan Chase who received the property at the end of March in a
foreclosure. By the end of April, the exterior and interior were cleaned, and the
property was listed at the end of May. A buyer was secured and the home had been
under contract since June 2, 2011. At that time, the Bank was made aware of the
different Code compliance issues. After two months of bids and approval for work, all
items were complied and signed off January 2012.
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 May 20, 2009 to an amount of
$1,538.09 including administrative costs. Ms.. Carroll seconded the motion that
unanimously passed'.
Case No. 10-3026 r . #
Officer Roy reviewed the details of the case. The property was cited October 8, 2010,
to mow and remove weeds, trim bushes, and register foreclosure property. The case
was heard November 17, 2010. No one appeared. A compliance date was set for
November 27, 2010 or incur a fine of $150 per day. Compliance was documented on
May 12, 2011, having 165 days of non-compliance for a fine of $24,750.
Tricia Burke, Caldwell Banker, 1185 East Atlantic Avenue, Delray Beach, was the
listing agent for J.P. Morgan Chase and advised the same circumstances applied to this
case as to the previous case.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of
0
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 09-947
MARK SHIFT
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on January 1$ 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 rnatter 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 May 20, 2009 on the Property located at 3805 S. Lake Dr., Boynton
Beach, Florida, with the legal description of:
LAKE EDEN PL NO 2 LT I BLK 1, according to the plat thereof as recorded in Plat Book 29, Page 53, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-46-05-04-001-0010 is REDUCED TO $1,538.09.
The City shall prepare a release and satisfaction consistent with this Order.
The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
6. This Order is not final until the time period for appeal under the Code has
elapsed and if appealed is property disposed by the City Commission.
7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or
modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be
permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
T'% CYX Tr A N T,, `°n"'r"rr' `` .. wring at City of Boynton Beach, Palin Beach County, Florida this ay of
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
RespondentJAN'2012
CITY CLERK'$ OFFICE
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD