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08-2414 - John & Stephanie WileyDate: To: From: RE: Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P. 0. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phopw: (561) 742-6120 Fax: (561) 742-6383 March 28, 2012 City Commission Code Compliance Division Code Compliance Case #08-2414 j'GjA 110LJC%� 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: j 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. 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. :j 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 Gulfstreurn Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 T =4 Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents 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. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 15, 2010, to an amount of $5,000, including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 08-2414 John J. & Stephanie Wiley 318 SW 14th Avenue Ms. Springer presented the case and explained there was a second case involving the same property. The notice of violation was sent on August 21, 2008, for violations pertaining to: securing and cleaning the pool; replace the screens on the patio; repair the driveway; and mow and trim overgrowth. The case was heard on October 15, 2008, and no one appeared. The Respondents were ordered to correct the violations before October 25, 2008, or incur a fine of $250 per day. Ms. Springer noted the second case was for the same violations but was against the Bank. Ms, Springer explained the pool was secured and was not part of the second case. Billy Howell, Keller Williams, 8188 Jog Road, Unit 101, Boynton Beach, was the listing agent for Bank of America. The property was a foreclosed property. Keller Williams was assigned the property in October 2010, and they did an initial occupancy check and found the property was vacant. They came back on October 26, 2010, when the Certificate of Title was filed, and changed the locks, completed the initial lawn service and secured the property. It was put up for sale, and when they went to close, found out there were two liens on the property. To -date, they spent about $15,000 in repairs to correct the violations and make the dwelling habitable. Mr. Howell explained there was a six or seven-month process to bring the driveway into compliance. After several bids, it was determined the driveway could not be repaired, it had to be replaced. The company they hired had many delays in getting the proper documentation to the City. The process had changed and there were now new requirements about getting letters from the Bank that the City required, The other items were done fairly quickly. The pool was secured right away. There were two fences for the pool. The interior fence for the pool was secure but not the outer fence. There was no safety hazard and they ensured the gate was repaired. The second notice of violation was sent January 10, 2011, and it appeared the pool was unsecured for two years. Mr. Howell explained it was possible, because it went through the foreclosure and the lien was from 2008, The Bank did not have possession until 2010. Mr. Howell agreed the lien runs with the land but the notice would have been sent to the prior owner, and they only learned about the fine through the lien search, The Bank became aware of the issue on March 21, 201"1. 5 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 On March 22, they met Officer Roy on the premises so he could show them what needed to be addressed on the property. Mr. Howell explained they could not attend the lien hearing until all the violations were corrected. Most of them were corrected except for the driveway due to the issue with the vendor and the new City procedures, Ms. Springer distributed photographs of the property taken in December 2011. Mr. Howell pointed out there was a three to four week time period when the original buyer was going to purchase the property, assume the Code violations to bring the property into compliance and do the lien reduction, but they backed out. Discussion followed about an appropriate fine amount and the pool. Mr. Howell noted when the Bank took possession of the home in October 2010, they immediately made sure there were no security issues. He did not know of the legal ramifications for the Bank to address it when the prior owner was there. The Board members noted; however, there was a hole in the wooden fence and a hole in the other fence. After discussion, a total fine of $30,000 for the two cases was agreed on. 041T*r, I Based on testimony and evidence presented in the aforementioned case, and having been advised that the Respondents 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 October 15, 2008, to an amount of $30,000, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 10-73 John J. & Stephanie Wiley 318 SW 14th Avenue Ms. Springer presented the case. The notice of violation was sent on January 14, 2010, for violations pertaining to mowing and maintaining overgrowth, and to repair the driveway. The case was heard on February 17, 2010, and no one appeared. The Respondent was ordered to correct the violations by March 19, 2010, or incur a fine of $75 a day. The violations were corrected on March 7, 2012. Billy Howell, 8188 Jog Road, Unit 101, Keller Williams Realty was present. Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents 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, Vice Chair Yerzy move that this Board rescind the fine instituted in the R CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 08-2414 JOHN J. & STEPHANIE WILEY 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 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 met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on October 15, 2008 on the Property located at 318 SW 14'x' Ave„ Boynton Beach, Florida, with the legal description of: WOODCREST MANOR LOT 3 BLIP 6, according to the plat thereof as recorded in Plat Book 26 Page 88, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-02-006-0030 is REDUCED TO $30,000.00, 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 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 ifappealed is properly disposed by the City Commission. 7. fn 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 Commiss'ion'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 Q 7 day of 2012. ATTEST: C" 'Y' CLI!ftf City Commission Michele. Costantino, Chairperson CODE COMPLIANCE BOARD t MAR 2012 CITY 'OFFICE