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10-3076 - Joseph & Carmelite Reachepp�­�atr Date: To: From RE: Police Department "A CFA Accredited Law Enforcement Agency) 100 E. Boyworz Beach Bouleourd P.0. Box 310 Boyy7loii Beach, Floi-du 33425-0310 Phone: (561) 742-6100 Fax.• (562) 742-5785 G. Matthew Immler, Chief of Police Code Compliance Phone: (5611 742-6120 Fax: (567) 742-6383 March 28, 2012 City Commission Code Compliance Division Code Compliance Case #10-3076 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) ,j Said review must occur within thirty (30) days of the request for review. 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. Araeticu's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 of $6,230.15, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 10-3076 Joseph & Carmelite eache 143 NE 16th Avenue Ms. Springer presented the case. The notice of violation was sent on October 13, 2010, for violations pertaining to a driveway. The case was heard on December 15, 2010, and no one appeared. The Respondent was ordered to correct the violations before January 14, 2011, or a fine of $50 per day would be imposed. The violations were corrected on October 14, 2011. Cliff Soucy, 1115 Stoneway Lane, West Palm Beach, and Eric Smith, 5676 Pebble Brook Lane, Boynton Beach, were present. Mr. Soucy was the property manager and Mr. Smith represented Homestead Properties, the current owner. The property was bank -owned until they acquired it in mid-September. Mr. Soucy explained they became aware of the driveway violations an September 23, 2010, and corrected them by October 14, 2010. Mr. Soucy had physically visited the Code Compliance Office to request an inspection but an inspector was not available at the immediate moment and was informed an inspection would occur in a few days. The property was only in non- compliance for a few weeks. Mr. Soucy explained the property was in compliance on October 14, 2010, and they obtained an affidavit of compliance. It was his understanding that any fines accrued prior to January 1 2010, were the Bank's fines. The members reviewed photographs of the property. Ms. Springer explained as part of the lien reduction process, the Respondents had to address: trash and debris; building materials; repair the chain link fence and rotted wood in the carport. The property was missing screens which had to be replaced; a window permit obtained; broken glass fixed; and a missing door in the rear of the carport and missing soffit screens replaced. There were many other violations other than the original violation. The original violation was only the driveway. The property was now vacant. Mr. Soucy requested the fines be reduced to administrative costs only because their portion of the violations lasted a few weeks and the additional items were addressed. It was noted a permit was issued for the driveway and the Respondents spent $15,000 to $20,000 in repairs. They paid $31,600 for the property, which was in shambles at the time of purchase. Once the fines were addressed, the property would be offered for sale. The going rate to purchase homes in that neighborhood was about $65,000. 2 Meeting Minutes Code Lien Reduction Boynton Beach, FL March 19, 2012 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, 2011. 5 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner. vs. CASE NO. 10-3076 JOSEPH & CARMELITE REACHE. 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 Eve 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 net all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on December 15, 2010 on the Property located at 143 NE 16"' Ave, Boynton Beach, Florida, with the legal description of: ROLLING GREEN 2ND ADD LT 8 BLK 1, according to the plat thereof as recorded in Plat Book 24 Page 155, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-03-001-0080 is REDUCED TO $5,000.00. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondents expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission, 7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) days of Commission's action, the Lien. Reduction Order shall be of no feather farce or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding hen reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of _... — 2012. A'1TEST: C:'II Y CLERK Michele Costantino, Chairperson CODE COMPLIANCE BOARD onorable Mai df atnd the City Commission it), Attorney it) C'ler'k FILED CITY CLERK'$ OFFICE