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10-73 - Bank of AmericaDate: To: From RE: Police Department "A CFA Accredited Law Enforcement Agency" 100 E Boynton Beach Boulevard P. 0, Box 310 Boynton Beach, Florida 33425-0320 Phone,- (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (567) 742-6120 Fav: (561) 742-6383 March 28, 2012 City Commission Code Compliance Division Code Compliance Case #10-73 POLI z 0 .z 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: 3 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) :j Said review must occur within thirty (30) days of the request for review. j 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 12011. America's Gateway to the Gulfstream 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. IMMI, 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 9 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 aforementioned case by virtue of this Board's Order of February 17, 2010, and that the lien imposed by that Order be released. Ms. Yerzy seconded the motion that unanimously passed. Case No. 09-3135 National Land Co., Inc. 12807 Lake Dri\oG- Ms. Springer explained this case and the next involved the same property but had different violations. The notice of violation was sent September 28, 2009, for the following violations: remove outside storage; install six-inch numbers on building; remove unpermitted signs; repair broken windows; repair or replace damaged soffit and fascia; remove barricades from all exits; remove unlicensed business from the property; remove unregistered/inoperable vehicles/trailers; and only two recreational vehicles are allowed on the site and they must be registered and have current tags. The case was heard on May 19, 2010, and no one appeared. The Respondent was ordered to correct the violations by May 29, 2010, or incur a fine of $150 per day. The violations were corrected on February 29, 2012, David Palladino, 1528 N. Lakeside Drive, Lake Worth, was present and explained the location of the property. Chair Costantino announced for the record that Mr. Paladino had contacted her and she referred him to Ms. Springer. Ms. Springer explained Attorney Bridgeman had requested the Board consider both cases at the same time and decide on a fine amount. Attorney Bridgeman would then provide additional direction to the Board. Case No. 11-272 National Land Co., Inc. 12807 Lake Drix?,j- Ms. Springer explained the notice of violation was sent on February 2, 2011, for violations pertaining to mowing grass and weeds and to trim the property. The case was heard on August 17, 2011, and no one appeared. The Respondent was ordered to correct the violations before August 27, 2011, or incur a fine of $150 a day. The violations were corrected on December 14, 2011. David Palladino, 1528 N. Lakeside Drive, Lake Worth was present. Ms. Springer distributed photographs to the Board. Ms. Paladino explained he purchased the property in 2004 from B.E. Aerospace. He voluntarily annexed the property into Boynton Beach and changed the zoning in 2006 to residential. The annexation agreement did not address him continuing to use a commercial building for commercial purposes until he demolished the building to build homes, which did not occur. The City then allowed a legal, non -conforming status if certain items were addressed, one of which was the tenant had to apply for the business license. When the tenant applied, the City advised they could not process the request because the property was in non-compliance because of its location. Mr. Paladino then addressed the items involved with the Code case 7 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs, CASE NO. 10-73 BANK OF AMERICA 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 1,9,201;, 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 inct all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on February 17, 2010 on the Property located at 318 SW 14"' Ave., Boynton Beach, Florida, with the legal description of- WOODCREST MANOR LOT 3 BLK 6, according to the plat thereof as recorded in Plat Book 26 Page 98, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-02-006-0030 is RESCINDED. 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 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 Comrnission'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 AIDED ORDERED after hearing at City of Boynton Beach., Palm Beach County, Florida thist97- day of _, 2012. Michele Costaritino, Chairperson CODE COMPLIANCE BOARD ATTEST: Y Qt FR'K,