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08-3701- Yale & Holly Rothlu '' 0 1 1 0 NOBTYMr, imm I Date: To: From RE: Police Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P, 0. Box 310 Boynton Beach, Florida 334250310 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 January 31, 2012 City Commission Code Compliance Division Code Compliance Case #08-3701 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: D 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, 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. zi 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 Compliance Board Boynton Beach, FL January 18, 2012 well as the permits and survey. They also replaced the screens and have kept the property maintained. They would like a reduction to somewhere between $750 and $1,000. There was a contract on the property for $43,000 and Ms. Dolan gave a breakdown of what was spent on the property. Officer Roy presented photographs to the Board. 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, Ms. Carroll moved that this Board reduce the fine instituted In the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $1,634.12 including administrative costs. 'Ivir. Cole seconded the motion that unanimously passed. Case No. 08-3701 Yale and Holly Roth 3100 S. Seacrest Blvd officer Roy reviewed the details of the case. The property was cited November 20, 2008, to repair driveway and fence, sod bare spots, and remove the commercial vehicle parked in a residential zone. The case was heard February 19, 2009. Mr. Roth appeared. A compliance date was set for June 18, 2009 or incur a fine of $50 per day. Compliance was documented on November 16, 2011, having 880 days of non- compliance for a fine of $44,000. Diane Balsara, realtor with Nautica Realty, 1200 S. Federal Hwy, Unit 307, was present on behalf of American Home Servicing, who currently was the manager for the property. It was a bank foreclosure by Citibank. The property was acquired in the spring of 2011. There had been a tenant in the property and before any repairs could be performed, the tenant had to be removed. Cleanup on the property began at that time. In addition, the pool pump was replaced, as well as repairing cracks in the pool, which was not an item cited. All code violations were addressed, properly bid, and completed. The contract price on the property was $84,500. 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 February 18, 2009 to an amount of $1,634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. .0 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 08-3701 YALE & HOLLY ROTH Respondent(s). r LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on January 18, 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 hen amount and all pertinent information relating to the specific ease 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, The lien imposed by the Board on February 18, 2009 on the Property located at 3100 S. Seacrest Blvd. Boynton Beach, Florida, with the legal description of: SKY RANCH ESTATES LT 12 & S 9 FT OF LT 13 BLK 7, according to the plat thereof as recorded in Plat Book 26, Page 94, of the Public Records of Palm Beach County, Florida, PCN. 08-43-46-04-16-007-0120 is REDUCED TO $1,634.12. 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. G. 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. hearing at City of Boynton Beach, Palin Beach County, Florida this) day of copies furnished. Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILED JAN 33 1 2012 Michele Costantino, Chairperson CODE COMPLIANCE BOARD