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09-3759 - Tammy M AndersonPolice Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P, C. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fav (561) 742-6185 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 7426120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: November 26, 2013 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-3759 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. Lj 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 .,20— America's Gateway to the Gulfstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTO B E R 23, 20 11 Seligman commented Mr. Heneghan lives out of State and only saw the property once. He is not an investor. Chair Costantino remarked it was not a question of making good on some things. Mr. Heneghan rented this property and had people living there. There was no way of knowing if the property was safe, no inspections and no way to tell what was happening in the property. Ms. Brenner asked if this property is in foreclosure or a regular sale. Mr. Seligman replied it is a regular sale. The property value is $47,000 and the lien is $133,000. Ms. Brenner specified it is $133,000 because of time that has elapsed. Chair Costantino contended it was a minor amount to pay to make sure the property would be inspected and be assured it is safe. Mr. Seligman alleged his client did not know he had to pay. Chair Costantino pointed out it was his client's responsibility to find out if someone was going to rent his property. In addition Mr. Heneghan had been collecting rent from the occupants. Vice Chair Cole's concern was the 1,348 days this property was in non-compliance. Chair Costantino stressed Mr. Heneghan allowed people to rent the premises without knowing it met the standards of the City. Mr. Seligman reiterated once his client found out he needed to pay he called Ms. Springer and paid the amount within days. He did not know it was an annual fee. Chair Costantino responded Mr. Heneghan did not finish the first one. 16 Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has compiled 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 fines instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to the amount of $2,634.12 including administrative costs. Mr. Cwynar seconded the motion with an amendment to the amount of $2,000. Mr. Cwynar's amendment was not approved. The original amount of $2,634.12 was seconded by Ms. Brenner and the motion passed 6-1. (Mr. Cwynar dissented). Mr. Borrelli inquired the amounts can be appealed to the City Commission. Chair Costantino added, if they appeal, the Commission has the right to reverse the Board's decision and uphold the full amount. Ms. Springer agreed the Commission could agree with the decision, raise it, lower it, deny it or wipe it out. Case No. O9-3759 Tammy M. Anderson 550 NW 11th Avenue Ms. Springer presented the case. The notice of violation was December 4, 2009 to mow grass and weeds. The Code Compliance Board hearing was January 20, 2010 and no one appeared. Date of compliance and fine set by the Board was January 30, 2010 or $200 a day. Date complied was August 30, 2010 for 211 days of non- compliance at $200 a day for a total fine amount of $42,200 plus administrative costs of $634.12. There were municipal liens of $481.63 to be paid, an outstanding water bill of 15 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 $3,060.80 and taxes in the amount of $10,468.43. Ms. Springer was first contacted on August 05, 2013 to have the property inspected for lien reduction and the following violations needed to be corrected: replace missing window screens, remove bee infestation from the interior, place four inch house numbers on the building, mow and trim the overgrowth. On October 1, 2013 the Officer went to re -inspect the property and found the sprinkler was broken with water running all over the property. Ms. Springer contacted Mr. Moyer of CBIH Properties and advised him there was a problem with the sprinklers and he immediately sent someone to fix it. Inspectors went back the following week and the property passed inspection. Vince Moyer, CBIH Properties, 1070 NW 116th Street, Miami Fl. explained Tammy M. Anderson gave a deed in lieu of the property to the bank three years ago Mr. Moyer purchased the property from the bank in May 30, 2013. Since purchasing the property Mr. Moyer has brought it to full compliance by paying all taxes, water, and liens. Ms. Yerzy asked Mr. Moyer if he purchased the property to live in or rent and Mr. Moyer answered he bought it for renting purposes. Mr. Moyer purchased the property for $25,000. Mr. Borrelli asked if it was about 90 days since he bought the property and brought it into compliance. He had double pane windows fixed by a professional and he did not want to call the City until everything was done. Chair Costantino the original violation was to mow the grass and weeds. Mr. Moyer stated he mowed the lawn immediately and continued to do so every week and then every other week. Ms. Springer commented this case complied in 2010 when the City mowed the property. Mr. Moyer paid $481.50 for the municipal lien. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent 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. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to the amount of $50. Motion died for lack of a second. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent 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, Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to the amount of $1,800.00 including administrative costs. Vice Chair Cole seconded the motion that passed 5-2. (Ms. Carrofi and Mr. Cwynar dissented). ip CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09-3759 TAMMY M. ANDERSON Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on. October 23, 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 subj ect 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 January 20, 2010 on the Property located at 550 NW 11"' Ave., Boynton Beach, Florida, with the legal description of: CHERRY HILLS BOYNTON LTS 274 TO 276 INC, according to the plat thereof as recorded in Plat Book 4, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-14-000-2740 is REDUCED TO $1,800.00. 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 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 f , 2013. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent Michele Costantino, Chairperson CODE COMPLIANCE BOARD