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05-1346 -- Boynton Shipwreck, Inci; 0 COT It Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone, (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immter, Chief of Police Code Compliance Phone: (561) 742-6120 Fax. (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: January 25, 2013 City Commission Code Compliance Division Code Compliance Case #05-1346 0 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. u 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 Lien Reduction Boynton Beach, EL 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. 100=4 11 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. 06-1346 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 Dallmada, 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. N Meeting Minutes Code Lien Reduction Boynton Beach, FL December 17, 2012 Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Boynton Shipwreck, Inc., 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of August 17, 2005, to an amount of $1,934,12, including administrative costs. Mr. Cole seconded the motion. The motion passed unanimously. Case No. 11-896 Deutsche Bank National Trust 3391 Orange Street Ms, Springer presented the details of the case. The notice of violation was issued on April 21, 2011, It came before the Board on June 15, 2011 and no one appeared. The proposed compliance date was June 25, 2011 or $150 per day. The compliance date was on November 16, 2011, for 143 days of non-compliance. There were many items that needed to comply before becoming eligible for a lien reduction such as missing glass on the front door, replace the rear door and steps, obtain permits for newly installed windows, trim overgrowth, remove outside storage, trash and debris, replace mailbox, repair sprinkler system, replace shed door and remove shed trash. Notice was given in April and the realtor had been working diligently to complete the outstanding items. Chair CostantinO Galled for a recess at 7:12 p.m. Chair Costantino reconvened the meeting at 7 p,m. Brian Koch, was an authorized representative and proposed buyer of the property. He advised the repairs on the home were more significant than he had originally anticipated, as well as the liens on the property that had to be paid, Even though he does not own the property at this point, he paid the monies. He was requesting as much of a reduction as possible. The property was previously under contract with someone else and that contract fell through, The realtor renegotiated with him and he had paid the maintenance and repairs on the property to become compliant. There was discussion on the amount of fine per day and that the amount was high for an overgrown yard, since Mr. Koch was only responsible for the maintenance portion of the violation. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust 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. Cole moved that this Board reduce the fines instituted CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 05 -1346 BOYNTON SHIPWRECK INC. 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 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 Aueust 17, 2005 on the Property located at 811 SE Y St.. Boynton Beach, Florida, with the legal description of: HATHAWAY PARK LT 4 BLK D, according to the plat thereof as recorded in Plat Book 13, Page 17, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 28 -23 -004 -0040 is REDUCED TO $1,934,12. 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. 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 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 1 2013. ATTEST: Michele ostantino, Chairperson CODE COMPLIANCE BOARD