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12-15 - Finbar E. QuinnPolice Department A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard R0. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 Date: To: From: RE: January 25, 2013 City Commission Code Compliance Division Code Compliance Case #12-15 0 h- 0V 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: ❑ 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. ❑ 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, ❑ The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". I, , 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 1 2011. America's Gateway to the Gulfstream 111911-1."11911 1 W to] I I WA I 1 0 wou 1:1 1 W 1 4, - 4 Michele Costantino, Chair Robert Foot, Vice Chair (arr. 6:40 pm) Gary Cole, Second Vice Chair Robert Bucella Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator Kathleen Carroll RoseMarie Yerzy Alan Borrelli, Alt 1. Call to Order Chair Costantino called the meeting to order at 6:40 p.m. when a quorum was acknowledged. Vj Mr. Cole moved to approve the agenda. Mr. Bucella seconded the motion that unanimously passed, IlL Swearing in of Witnesses Attorney Bridgeman explained the hearing procedures and administered an oath to all those intending to testify, Diane Springer, Code Compliance Coordinator, advised that since there were only four members present, all four would have to have the same vote. There could not be a 3-1 majority. An option was presented to the Respondents to come back when more than four members were present. There were no withdrawals. Case No. 12-15 Finbar E. Quinn 141 Lancaster Road Ms. Springer advised the case came before the Board on March 21, 2012 and no one appeared. The proposed compliance date was March 31, 2012 or $100 per day. The Meeting Minutes Code Lien Reduction Boynton Beach, FL December 17, 2012 compliance date was on November 27, 2012, for 240 days of non-compliance for the total amount of $24,000 plus administrative costs of $730.15. Finbar E. Quinn, 6431 Lemon Tree Lane, Miami Lakes advised he was never given notice of the violation at his address until the violation notice was found at the property of the tenant. He immediately phoned Officer Melillo and was advised he was in violation of an ordinance and was told a letter was sent and signed for advising him of the violation. He had been trying to cooperate and become compliant. Due to his current financial situation, he requested a fine waiver or as much reduction as possible. Ms. Springer presented the signed green card to Mr. Quinn, Although the card contained a signature, Mr. Quinn advised the signature was not his and the address the card was sent to had not been his address for approximately nine months. There was brief discussion on the notification procedures followed. kyj Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Finbar E, Quinn, 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, Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 21, 2012 to an amount of $3,130.15, including administrative costs. Mr. Bucella seconded the motion. The motion passed unanimously. Case No. 05-1346 Boynton Shipwreck, Inc. 811 S.E. 3' Street Ms. Springer presented the details of the case. The notice of violation was issued on June 20, 2005, It came before the Board on August 17, 2005 and Bob Katz appeared. The proposed compliance date was October 1, 2005 or $25 per day, The compliance date was on November 14, 2012, for 2,600 days of non-compliance for a total amount of $65,000 plus administrative costs. Mr. Springer advised that upon further research, a Business Tax Receipt was issued in 2007 and the violations would have had to comply before this was issued. That would significantly bring the lien down to approximately $13,000. Arthur Dalmada, 105 E, Palmetto Park Road, Boca Raton, advised that he became aware of this recently when the title search was done. Mr. Katz purchased the home in 2005 and it was occupied by a tenant at the time. The tenant was difficult and eventually was evicted in 2006 due to criminal charges and other issues. The property complied in January of 2007, Mr. Katz became ill and passed away shortly after. Mr, Dalmada indicated he was not aware these liens existed until the title search. He advised the property had been maintained and was in compliance. 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. FINBAR E. QUINN Respondent's). CASE NO. 12 -15 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on December 17, 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 March 21, 2012 on the Property located at 141 Lancaster Rd., Boynton Beach, Florida, with the legal description of: CARRIAGE POINTE TOWNHOMES PUD LT 141, according to the plat thereof as recorded in Plat Book 102, Page 125, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46- 05 -16- 000 -1410 is REDUCED TO $3,130.15. 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 properly disposed by the City Commission. T 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2013. AT'T'EST: 11 S l Michele Costantino, Chairperson CODE COMPLIANCE BOARD nis