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13-369 - Brian Keith & Michelle Bouie 351 NE 27th Avenue! 1111111ir � III z Code Compliance Phone. (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From: RE: October 28, 2013 City Commission Code Compliance Division Code Compliance Case #13-369 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: Li 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". 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 COMPLIANCE LIEN REDUCTION SEPTEMBER 25, 2013 SEPTEMBER 25, 2013 Case No. 13-369 Brian Keith & Michelle Bowie 351 NE 27 Avenue Ms. Springer presented the case. The notice of violation was March 3, 2013, which pertained to mowing and trimming the property and removing inoperable vehicles. The case was heard on April 17, 2013, and no one appeared. The compliance date and fine set by the Board was April 27, 2013, or $500 per day would be imposed thereafter. The violations were corrected on July 18, 2013, having 81 days of non-compliance. The application fee for lien reduction was paid and the water and taxes were up-to-date. She was contacted in July for a lien reduction inspection, but the violations were still not in compliance. An officer visited the premises on July 16, 2013, but unregistered vehicles remained. He reinspected on July 18, 2013, and compiled the case then. The lien reduction inspection occurred on July 20, 2013, and the applicant needed to replace missing window screens, remove outside storage, repair the fence, reseed or sod the front lawn, repair the gutter on the west side and add a down-spout on the east side. All the repairs were completed on September 24, 2013. Michelle Boule, 351 NE 27 th Avenue, explained when she attended the first hearing, she came with all the titles and insurance for the vehicles. She spoke with the Code Officer handling her case who gave her 30 days. In the process she did have all the title and insurance on the vehicles. She did not attend the second hearing due to her son not informing her of the hearing, the death of her mother, and she was in the middle of a short sale/foreclosure. She had a closing date last month, but could not close which was why she was present. She spoke with her mortgage company and they will not pay for the lien, but they gave an extension for the short sale. Ms. Bowie lives at the residence and after the short sale would walk away. She had a copy of the contract they submitted to the bank and the buyer's information. Motion 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 17, 2013, to an amount of $634.12 including administrative costs. The motion died for lack of a second. Motion 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 Cole moved that this Board reduce the fines instituted in the 1H MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION SEPTEMBER 25, 2013 SEPTEMBER 25, 2013 aforementioned case $1,634.12 including unanimously passed. Case No. 12-699 by virtue of this Board's Order of April 17, 2013, to an amount of administrative costs. Ms. Yerzy seconded the motion that Leigh DePuma 116 SE Y Avenue Ms. Springer presented the case. The notice of violation was April 20, 2012, which pertained to a Business Tax Receipt, unlicensed and inoperable vehicles and sod. The case was heard on June 20, 2012„ and no one appeared. The compliance date and fine set by the Board was June 30, 2012, or a fine of $350 per day would be imposed thereafter. The violations were corrected on September 18, 2013, having 444 days of non-compliance. The application fee was paid as were outstanding water bills over $800, Ms. Springer was contacted on September 16, 2013 for a lien reduction inspection, but the property was not in compliance. An officer conducted a compliance and lien reduction inspection and complied the case contingent on another inspection. The property needed to be mowed, hedges and bougainvillea needed to be trimmed, screens installed on all the windows and the outside storage of construction material needed to be removed. The property was reinspected again this morning and all was corrected. The Respondent was present and an email he sent earlier in the day to Ms. Springer was included in the meeting backup. Doug Hauck, Snowstorm Property, Inc., 639 E. Ocean Avenue, Suite 406, explained they purchased the property at auction on April 26, 2013. The property was a nuisance to the area and it took until June 17, 2013, to obtain a Writ of Possession from the Sheriff. The tenants were running an auto repair shop at the premises. There were parts, grease and many cars and trucks. They never had access to the inside and they purchased the home on a whim. When they evicted the tenants, he had four other employees help remove the contents from the home. It took two U-haul loads to clear the items. The interior had sacks and sacks of trash and was a mess. There were snakes, rats and rodents, and cockroaches. The place looks great now and he had photographs. The planted Poinciana and coconut trees and rehabbed the inside. Chair Costantino commented the buyers took a risk and they should search the property because liens run with the property and not with the owner. Mr. Hauck understood and commented he went through this process once about seven or eight years ago. Vice Chair Cole requested viewing the photographs; however, the images were on Mr. Hauck's electronic device. Ms. Springer had before and after photographs she distributed to the Board. Mr. Hauck commented when the Save our Homes Act was instituted, it did not allow for speedy evictions during foreclosures, and he had to file three or four motions. The owner never responded to any of the court proceedings, but the tenants did; however, they did not have a lease. 0 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA. CITY OF BOYNTON BEACH Petitioner, vs. BRIAN KEITH & MICHELLE BOUIE Respondent's). CASE NO. 13 -369 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on September 25, 2013, 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. 1 The lien imposed by the Board on April 17, 2013 on the Property located at 351 NE 27` Ave., Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 1 1T ADD LT 17 BLIP 17, according to the plat thereof as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -16 -01 -017 -0170 is REDUCED TO $1,634.12. 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 2013. fi"s SIEP J1 ?013 ATTEST: OFFICE Michele Costantino, Chairperson CODE COMPLIANCE BOARD