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12-1838 - James L WarePolice Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 16, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1838 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) ❑ 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 , 20_. Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL. lJOY-TY4=9 I February 19, 2014 Based on the testimony and information presented by the staff, Ms. Ellis certified the lien until the lien reduction hearing. The administrative fee is $634.12 plus $8,000 for 80 days non-compliance at $1,000 per day. Case No. 13-1162 Timothy M. Clay Property Address: 632 NE 201h Lane CO CH2,5 SEC 2.5-3 and 2.5-7 Alarm decal required. Diane Springer, Code Compliance Coordinator, presented the case as in the notice of violation. Notice of violation was sent on June 3, 2013. This case came before the Board on July 17, 2013 and no one appeared. The compliance date proposed by the Board was February 27, 2013 or a fine of $50 per day. Case complied on September 30. 2013 with 64 days of non-compliance for a total amount of $3,200 plus the administrative fee of $364.03. Ms. Springer stated she was contacted by the property owner who was not aware the tenant did not comply with the alarm decal. The decal the owner displayed did not belong to that property. The tenant purchased the proper decal in September 2013 at which time the property was to be inspected; however, the Code Officer found numerous violations. The tenant completely destroyed the property and the owner had to have the plumbing repaired in the kitchen and the toilet. There were missing screens and sliders that the owner replaced and repaired. Vanessa Clay explained this is a rental property that she rented. She became ill two months later and had to return to her home for treatment. Upon her return, she discovered what had happened to the property. Ms. Clay claims she gave the tenant $3,000 to move out of the property and made an additional $10,000 in repairs. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $500 plus administrative fees of $346.03 for a total of $846.03, Case No. 43 12-1838 James L. Ware Property Address'. 1739 Banyan Creek Court CO CH10 SEC 10-56 (C) Maintain pool in sanitary condition Ms. Springer presented the case as in the notice of violation sent on September 18, 2012. This case came before the Board on November 19, 2012 and no one appeared. The compliance date proposed by the Board was November 29, 2012 or a fine of $250 W Meeting Minutes Code Compliance Special Magistrate Boynton Beach, L. February 19, 2014 per day. Case complied on December 2, 2013 at 367 days of non-compliance for a total amount of the lien of $91,750 plus the administrative fee of $730.15. Ms. Springer was contacted by Mr. Ware in December after the case complied at which time he requested a lien reduction. The inspection was done on January 7, 2014 and there were some violations that needed to be resolved for the lien reduction; trim the overgrowth around the pool, trim the hedge from the sidewalk and remove the horticultural debris from the rear or the yard. The property was re -inspected and passed inspection on January 13, 2014. There were no outstanding utilities or taxes. James Ware, Jr., stated he is the owner of the property and it is his primary residence, He was going through a refinancing process and called to see if there were any liens on the property and was directed to Ms, Springer. Mr. Ware explained he has been working out of town for a couple of years and was not aware of the issues on the property. Decision Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $2,500 plus administrative fees of $730.15 for a total of $3,230.15. Case No. 10-3189 BAG Home Loans Servicing LLP Property Address: 1101 W. Fairfax Circle CO CH10 SEC 10-51.5 INC Property in foreclosure must be registered, Clean and secure pool, Ms. Springer presented the case as in the notice of violation sent on November 1, 2010. This case came before the Board on December 15, 2010 and no one appeared. The compliance date proposed by the Board was December 25, 2010 or a fine of $1,000 per day. Case complied on October 1, 2012 at 645 days of non-compliance for a fine of $645,000 plus $634.12 in administrative fees, Ms. Springer stated she was originally contacted in 2012 by a realtor. An inspection was performed at that time and a list of corrections for possible lien reduction was emailed to Oncall Realty but nothing was done. Ms. Springer was contacted again in April 2013 by Susan Moore, another realtor, and another inspection was conducted for the same original violations and again, nothing was done. Another email was received by Ms. Springer on October 3, 2013 from Jesse Simpson requesting another lien reduction inspection. The same violations existed and again nothing was done. The Code Officer could not get access to the house to see if any violations had been corrected. December 2, 2013 Ms. Springer was contacted by Theresa Berube, listing agent for the Bank, who wanted to set up another inspection date with Officer Roy at the 13 CITY OF BOYNTON BEACH Petitioner, VS. JAMES L, WARE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 12-1838 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 19, 2014 pursuant to Chapter Two, Article Five of the City Code of Ordinances. The Magistrate 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 Magistrate 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 Magistrate 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 Magistrate on November, 19, 2012 on the Property located at 1739 Banyan Creek Ct., Boynton Beach, Florida, with the legal description of: STONEHAVBN PL 1 IN PB48PI LT 114, according to the plat thereof as recorded in Plat Book 48, Page 1, of the Public Records of Palm Beach County, Florida, PCN: 0843-45-30-17-000-1140 is REDUCED TO $3,230.15. 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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien reduction. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 9 20 1 �i LA 7— copies furnished, Honorable Mayor and the City Commission City Attorney VIXR 12 20x14, City k1lerr, Respondent CIT CLERKS OFFICE Card D. tflls CODE COMPLIANCE MAGISTRATE