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11-922 - Thelmar and Jessie PattersonF Police Department "A CPA 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 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax. (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: January 2, 2014 City Commission Code Compliance Division Code Compliance Case #11-922 POL1 z 0 In accordance with ordinance number 001-07, the enclosed "Fina[ 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) Lj Said review must occur within thirty (30) days of the request for review. Lj 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 1 20_ America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Be ach, FL November 20, 2013 Ms. Yerzy inquired if they could not do responded they cannot do any kind of stored or worked on in the street. Mr. boat on the street. any kind of repair whatsoever. Officer Pierre work on the street. The boat should not be Senkowicz explained they were not storing the Motion Mr. Cwynar moved to table the case to February 18, 2014. Mr. Borelli seconded the motion. The motion passed 4 -2 (Chair Costantino and Vice Chair Cole dissenting). It was noted the case should be tabled to February 19, 2014. Mr. Cwynar agreed to the date of February 19, 2014. Case No. 11 -922 Thelmar & Jessie Patterson 536 NW '11 Avenue Ms. Springer presented the case as in the notice of violation. The notice of violation was April 21, 2011, to provide a healthy, properly maintained place for the tenant to live and keep the premises in good condition. All electrical outlets must be covered and working. All windows and screens and plumbing must be in good working order. Walls must be free of holes, and doors must be weatherproof and waterproof. The Respondents should exterminate for rodents, ants and bugs. All appliances must be in working order including the air conditioner. The case was heard' on October 19, 2011, and no one appeared. The compliance date and fine set by the Board was October 29, 2011, or a fine of $260 per day would be imposed thereafter. The violations were corrected on September 26, 2013, having 697 days of non- compliance. Ms. Springer was contacted in August by Mr. Patterson and she explained what needed to be done to bring the case into compliance. The property was inspected on September 26, 2013, and the violations were corrected, but other violations, not part of the case, were found. The Respondents were asked to remove trash and debris, remove outside storage, mow and trim overgrowth, the palm tree in the rear of the house and weed and edge the driveway. An outstanding water bill of $1,291 was paid. The property was re- inspected on November 3, 2013, and it met all requirements for lien reduction. Perry Paterson, 518 NW 2 d Street and his sister, Shirley Smith, 1020 NW 3,a Street, both of Boynton Beach, were present. They were the son and daughter of the Respondents. Mr. Patterson explained the property was solely controlled by his mother who died in June of this year. His father had died about 13 years ago. His sister and he were appointed executors of the estate and they attempted to bring the property into r[017 Meeting Minutes Code Compliance Board Boynton Beach, FL November 20, 2013 compliance, which was accomplished. The family has been trying to determine how to work around the issues. There was a squatter in the premises which took a month to remove. There was no water service. The property is currently vacant and they were trying to get rid of the lien. Mr. Patterson estimated he spent $3,000 to $4,000 to repair the home. He purchased a new refrigerator and appliances, paint, and they trimmed the trees and cleaned the property. Ms. Springer had photographs she distributed to the Respondent and the Board. Mr. Patterson explained they were trying to sell the property years ago, but the mother did not want to. The property currently is not sold. A realtor is looking at it and there is a for sale sign on the property. 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, Mr. Cwynar moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 19, 2011, to an amount of $730.15 including administrative costs. Ms. Carroll seconded the motion that passed 5-1 (Vice Chair Co/e dissenting.) Case No. 12-609 Central Mortgage Company 1050 NW 4th Street Ms. Springer presented the case. The notice of violation was sent April 11, 2012, regarding registration of a foreclosed property and to secure the dwelling and repair or replace broken windows. 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 $200 per day would be imposed thereafter. The violations were corrected on November 8, 2013, having 495 days of non-compliance. Ms. Springer was contacted in September by an attorney who informed her the foreclosure was over and the property was purchased by FREO Florida LLC. She spoke with Jack Norton who requested a lien reduction inspection on October 10, 2013. The inspector found broken windows still existed and he provided other violations that needed to be corrected in order to apply for the lien reduction, which were to replace the air conditioning compressor, repair the front door knob and pay outstanding water bills of about $665. On November 6, 2013, the inspector re-inspected and found a broken PVC pipe in the rear yard. A re-inspection occurred on November 8, 2013, and the property met all requirements for the lien reduction. Jack Norton, FREO Florida, 201 North Franklin Street, Suite 1750, Tampa, explained he represents a hedge fund that purchases properties in South Florida. They purchase homes with the intent to improve them and rent them. He purchased many 11 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 11 -922 THELMAR & JESSIE PATTERSON 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 November 20, 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. 3. The lien imposed by the Board on October 1.9, 2011 on the Property located at 536 NW l 1 ' h Ave., Boynton Beach, Florida, with the legal description of: CHERRY HILLS BOYNTON LOTS 281 & 282, 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 -2810 is REDUCED TO $730.15, 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 ] D� 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: City Clerk FILED Respondent 2013