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10-1661 - New Urban High Ridge LLCDate: To: From RE. - 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 Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM April 16, 2013 City Commission Code Compliance Division Code Compliance Case #10-1661 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: u 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) o Said review must occur within thirty (30) days of the request for review. zi 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 12011. America's Gateway to the Gulfstream In May, 2012. the Respondent contacted Ms. Springer and inquired what needed to be completed to qualify for a lien reduction. She completed all the items to come into compliance. Wesley Findley, 8282 Emerald Avenue, Parkland, FL, advised he was the financial advisor for the Respondent, Ms. Maximin-Joseph. He advised his client purchased the property in 2003 and had lived in it since that time. Unfortunately, she became ill with and left the area for rehabilitation In New York. During the time, the property had been vandalized and items were stolen. When she got better, she moved back to the home in Florida and found out there was an excessive amount of money owed on the property for liens. She took care of the issues and came into compliance. While she was away from the property, it was vacant. The timeframe was approximately 2007 — 2010. There was brief discussion on the securing of the property and the procedure followed in posting the property, Tanya Blass, girlfriend of the Respondent's son, advised that the medical bills were being paid by the family, but nothing else was paid because the house went into foreclosure. The respondent did not think she was going to come back because the house was going to foreclosure. The bank, however, ended up working with her to save the home. During the time frame, all the other bills were returned to sender due to no forwarding address. Chair Costantino inquired whether this HOA had a maintenance service that would come and mow the yard, Mr. Findley advised, as of last year, the maintenance company mowed the lawn. Before then, the neighbor would mow the lawn for her. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Nicole Maximin-Joseph, 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 August 28, 2008, to an amount of $3,230.15, including administrative costs. Mr. Cole seconded the motion. The motion passed unanimously, Case No. 10-1661 New Urban High Ridge, LLC 3001 High Ridge Roal Ms. Springer presented the details of the case. The notice of violation was issued on June 2, 2010. It came before the Board on July 21, 2010 and no one appeared. The proposed compliance date was August 20, 2010 or $150 per day. The compliance date was on March 11, 2013, for 933 days of non-compliance, 3 Boynton -Beach, FL March 18, 203 Tim Hernandez, 398 NE 6 1h Avenue, Delray Beach was one of the owners of the property. He distributed documentation to the Board members. He advised that in January 2005, he purchased 18 acres of property at the corner of High Ridge and Miner Road to develop into a residential community. The process was approved by the City and if was opened up for sales. Shortly thereafter, the lender froze the development funding on the property. He tried to work with the lender to reinstate the funding but they refused as the real estate market was headed in a negative direction, which put the project at a standstill. Mr. Hernandez 'indicated they were able to sell the north four acres to The Imagine Charter School and the rest of the site was marketed for a variety of uses to builders and industrial users. There was a private school that was interested and during the time the property was being marketed, it was being maintained, Unfortunately, the lender would not allow any of the sales to move forward. In February 2010, the loan matured and immediately thereafter, the lender filed a foreclosure suit in Palm Beach County. Under foreclosure, nothing could be done. The Notice of Violation was issued and in October 2010 the lien was recorded. Prior to that, a counterclaim was filed against SunTrust stating what they were attempting was illegal. After two years of litigation, on December 21, 2012, a settlement was reached with the lender and alternative financing was secured to pay SunTrust what was due to eliminate that action. They assigned their rights to the new lender and on December 31, 2012 began the process of putting the property into compliance. Ms. Costantino inquired why the property was not maintained sooner and Mr. Hernandez stated they tried to resolve these issues with the Bank continually, but their refusal and the fact the property was in foreclosure, did not allow them to rectify the situation. According to Ms. Springer, the lis pendens was filed on March 23, 2010. Mr. Hernandez stated that the hope was to sell the property to the adjacent charter school as they were looking to expand and then hopefully sell the remainder of the property. There was discussion on the history of the property since the owners obtained it. Ms. Springer indicated that the lien occurred after their trailer and the signs were removed. Before that time, the property looked nice. The school purchased the property in 2009 and finished building in 2010. That was when the dirt piles came and subsequently, the violation. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, New Urban High Ridge, LLC 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 July 21, 2010 to an amount of $7,634,12, including administrative costs, Mr. Cole seconded the motion that passed unanimously. I CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH FLORIDA CITY OF BOYNTON BEACH Petitioner, V& CASE NO. 10-1661 NEW URBAN HIGH RIDGE LLC' Respondent(s), LIEN MODIFICATION ORDER THIS CAUSE cache before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on March 18, 20113, 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 July 21, 2010 on the Property located at 3001 High Ride Rd., Boynton Beach, Florida, with the legal description of: HIGH RIDGE PUD, according to the plat thereof as recorded in Plat Book 109, Page 90 thru 93, of the Public Records of Palm Beach County, Florida, PCN; 08-43-45-08-17-000-0170 is REDUCED TO $7,634.12. 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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. copies furnished; Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILED APR 15 2013 Michele Costantino, Chairperson CODE COMPLIANCE BOARD