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09-3383 - Boynton VenturesPolice 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) 742-5838 IN INIGN rip] Date: September 5, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-3383 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) 0 Said review must occur within thirty (30) days of the request for review. u 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". I, _ , 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 CON4PLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 opened, Mr. Abenhairn contacted Code Enforcement to comply, He had police reports from Boca and Hollywood and the matter was being foi-warded to the State Attorney, He was present to comply and spent over $2,500 on issues that needed to be fixed. He applied for the air conditioner permit, but a tenant rented one of the homes, so he had to install a window unit. Ms. Ellis explained no one appeared at the last meeting and that was when she could determine the length of time to comply. Even though he was defrauded, she has to certify the fine based on the violation. He could return for a lien reduction. Mr. Abenhaim explained he never got the original notice, Jamie Pellini, his assistant, and Mr. Abenhaim attended the Code hearings in June, but the hearing was cancelled. He produced the letter dated June 18th. They still had not applied for the air conditioning permit or Business Tax Receipt and Officer Lewis advised Ms. Pellini they had 30 days to obtain the permit and Business Tax Receipt inspection. Ms. Springer explained when the letter was sent, the clerk forgot to include the inspection date, so it did not generate a case history to appear on the letter, In June, the case was removed from the agenda, the Respondent advised not to come, and the case was rescheduled to July, The Respondent received an extra 30 days. FITWOWS Due to the amount of time given, Ms. Ellis certified the fine and explained they could return and apply for lien reduction. Case No. 09-3383 Boynton Ventures I LLC 101 South Federal Hwy. Ms, Springer presented the case. The Notice of Violation as October 22, 2009 to mow, weed and trim, repair the broken sidewalk and remove grass and weeds from it. The case was heard November 18, 2009 and no one appeared. The compliance date and fine set was November 28, 2009 or a fine of $250 a day would be imposed thereafter. The violations were corrected on January 31, 2013, accruing a total fine of $289,750. The property was a vacant lot on the corner of Federal Highway and Ocean Avenue. Ms, Springer was contacted in May. There was debris that had to be removed, but it met the requirements for a lien reduction at that time. John Hart, Law Firm of Carlton Field Jorden Burt, was present on behalf of the owner, Capstone Resdev LLC, a subsidiary of PNC Bank. The property was a foreclosure. The case arose, from a prior owner, Boynton Ventures, which was foreclosed. Subsequent to the foreclosure, Capstone took title and there was an initial issue in gaining compliance due to them paying a contractor to address the matter, which was not addressed. They hired someone else that resulted in a delay. The property was a real estate owned property that was under contract to close in October. 5 MEETING MINUTES GODE COMPLIANCE HEARINGS Cay TON BEACH, FLORIDA J U LY 16, 2014 He requested a lien waiver or a substantial reduction. There were initially routing issues, but Capstone was now aware of the matter and would ensure the property was in compliance. Based on the presentation by the City and the testimony by the Respondent's representative, Ms. Ellis reduced the lien from $289,750 to $5,000 excluding the administrative costs of $634.12, Case No. 11-2731 Capstone Resdev LLC 101 South Federal H411 Ms. Springer presented the case. The Notice of Violation was sent October 5, 2011, to mow, weed and trim the property, remove trash, debris and horticultural debris, repair the paver on the sidewalk on the north side, and replace screening on the fence. The case was heard December 21, 2011, and no one appeared. The compliance date and fine set was December 31, 2011, or a fine of $250 a day would be imposed thereafter. The violations were corrected on January 31, 2013, accruing a fine of $99,000 plus $634,12 in administrative fees. Mr, Hart explained this case was basically the same as the prior case. They were working to get the properties cleared and the lien reduced so they could move on. Based on the presentation by the City and the testimony by the Respondent's representative, Ms. Eilis reduced the lien from $99,000 to $5,000 excluding the administrative costs of $634.12. F., Uase No. 13-2103 Ca Ms. Springer presented the case, The Notice of Violation was sent September 24, 2013, to mow and remove trash and debris. The case was heard November 20, 2013, and no one appeared. The compliance date and fine was November 30, 2013 or a fine of $250 a day would be imposed thereafter. The violations were corrected on March 10, 2014, accruing a fine of $24,750 plus administrative fees of $730.95. Mr. Hart explained this case was the same as the prior cases and requested as much of a reduction as possible. Given the presentation by the City and the comments by the Respondent's representative, Ms, Ellis reduced the line from $24,750 to $2,500 plus administrative fees of $730,15, A CITY OF BOYNTON BEACH Petitioner, vs. BOYNTON VENTIRES I I,LC Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 09-3 383 LIEN MODIFICATION ODDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction oat July 16, 2014, pursuant to Chapter Two, article Five of the City Code of Ordinances. The Magistrate having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original Magistrate hearing, the date the affidavit of compliance was issued, the current lien aniount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1, This Magistrate has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on November 18, 2009 on the Property located at 101 S. Federal Hwy., Boynton Bcach, Florida, with the legal description of., TOWN OF BOYNTON ALL OF BLK 7 & 12 IN PBIP23, ALL OF `GOWN OF BOYNTON REV PL OF BLK 12 IN PB1P15P1$ & PT OF A.BND SE f'n AVE, OCEAN AVE. & SE 4iii ST R/WS LYG ADJ TO, according to the plat thereof as recorded in flat Book 1, Page 23, of the Public Records of Palm Beach County, Florida,. PCN: 08-43-45-28-03-007-0010 is REDUCED TO $5,634.12. 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 fui-ther 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 nAuction, ONE AND ORDERED after hearing at City of Boynton �� 20 ATTEST w m LI"Y �'I.KT�RK Beach, Palm Beach County, Florida this/day of the City Commission FILED JUL2014 OJTY CLERkS OFFICE Carol D. Lillis CODE COMPLIANCE MAGISTRATE