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10-3254 - 1018 W Fairfax CirclePolice Department "A CFA Accredited Law Enforcement Agency 700 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (56 7) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742 6720 FAX: (561 f 742-6838 Date: November 20, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3254 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. ❑ 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 120 MHETIING 'NUNUTES CODE COMPUANCE SPECIAL MWGISI'RATE HEARIN("WS ElOYNTON BEACH, FLORIDA OCTOBER 15, 14 pulled and finalizcd. Ms, Ellis inquired why the fine par day was so high, Ms. Springer explained there was a pool, Cynrfl Michic, NaUfiC?, fealty, explained wlicn Nautica received the property, the pool hau' a cover and th-A violation had already complied. Ms. Michie received the property on April 23, 2014, and the home still had violations. There was no contract on the home and the property was not on the m,-rket. Theio was about $32,000 worth of repairs inside the home in addition to the exterior. Ms. lWchle had a list of planned interior improvements, which Ms. Ellis reviewed. The proporty w,',' -s not on tho market because the Interior repairs were ongoing. She did not know the price of the home, but in 20-13, the property way valued at $200,000. i,As, M'chie opined the property would sell for approximately '250,000. About 0`30,000 wa:z spont on the repairs with $25,000 of the repairs to be paid t1 hough the ba-nkMF,. Michie had already paid $4,659 on her ovm. Ms. Springer had before and after photographs Ms. Ellis and Ms. Michle reviewed. it Michic opined the property may soli for about ;`250, 000, but it would not be rented. Based on the t,--stirnony Ms. Ellis reiv:-gid and FoviewEd, &nd the Respondent was eligible for lien reduction, Ms. Ellis reduced tho lion to $15,000 plus administrative costs of $634.,12. .1 P" r r1a,�,, %, 1 rc I a BanL o, Nevi York Mellon Ms, Springer explained there wore two liens on this property, The Notice of Violation was sunt Novernbej- 8, 2010, to regisiur 2 "oreclosed properly. The Respondent was to remove a bee hive and maintain the exterior of the property and structure. The case was heard on January 19, 2010, and no one appeared. The compliance date and 'line was February 3, 2011, or a fine of ';200 a day would be imposed thereafter. The violations wore corrected on August 21, 2014, accruing a fine of $258,800 plus administrative costs of $63412. In order to be eligible for lien reduction, an outstanding water bill of nearly X2,000 was paid. The property was purchased in JI'llpril 2014 from th­Bank of N�w York IVellon, and Ms. Springer was first contacted by the current owner in May, IMs, Springer was contacted again on August 21, 2014, for a lien reduction, The violations were; corrected, but the Officer found interior work was donj without a permit. The permit ; havc, been pulled and inspected Abraham Leo, beneficiary of the Trust that owns the property, explained the trust purchased the property and loarned of some violations frim the bank. Before they closed, they spoke with the neighbors because the exterior was in rough shape and they wanted to address any concerns they had about the home. After they purchased the horn�, theN, addressed the roof and the landscaping irnmediately. The other repairs tool-, ^-,5 rrion'Lh� -nd involved removing a dumpster full of debris from the prior owner, 13 MEETING rkil"AHLITES CODE C0hfiPLlj-SNCE SPECIAL MAGISTRATE HEARINGS BOYNT0,N] BEACH, FLORIDA OCTOBER 15,2014 and a professional company handled tho mold remediation. Then the interior renovations were started. He did not know if he needed a permit, and was told If it was replacing drywall, a permit was not needed, but he found out from the City's inspector a permit was needed. He contacted the City and the issue was imroc-diateIy addressed. V'r. LGe had letters from the neighbors for Ms. Ellis to review, and he requested the fine be reduced to administrative fees only, P,,is. Ell" -3 viewed the lotters. Mr. Lee explained the home was vacant and no did not know if the properly would be rented or listed. He spent $97,000 and the value of the property was $180,000 to $200,000. The previous property owner had a $1 million lien, but the bank forecosed on the property and the City had to recite the bank. Then Mr. L)e pur°„iiased Pioperty froin th.W bank. ONE= Given the testimony by the Respondent and the. evidence reviewed, Ms. Ellis reduced the iien to "1, 1,000 plus administrative costs of $634,12. Canse iAlo. 13-71'416 Bank Of New York Mellon 1018 W Fairfax Circle Ms. Springer �,-xplained the Notice of Violation was sent on July 1, 2013, regarding regis'Lering a foroclosed property, repairing the roof and all damage from the roof, replace rotted wDod exterior, rcr,,iove all horticultural debris, mow, wecj and trim all ovu�rgrovnrth, remove bee and rodent infestations and replace missing window screens. The case was hard Septcmi)er 18, 2013, and no one appeared. The, compliance date to correct the violations was by September'18, '18, 20 i3, or a fine of $1,000 a day would be imposed thereafter. The violations wero corrected on August 21, 2014, accruing a fine of $326,000 plus administrative costs. The roof had a V6CY large hole it in, covered by blue tarp which caused interior damage. The violation was caused by the drywall. Mr. Lee explained there was some overlapping with the prior lien, He addressed the repair and requested the lien be eliminated and only administrative costs be imposed. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs Of ",634.12, Case No. 14-1487 Antoine Luc Jean-Ghar!es -Est. and Phallante Jean,-Chvrk-,,s Property Address: 323 SW 3rd Avenue Violation(s) CO CH10 SEC 10-56 (A) and (D) CO CH15 SEC 15-120(E) INC E CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CAST: NO. 10-3254 BANK OF NEW YORK MELLON LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on October 15, 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances, The Magistrate havino 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: I 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 Januaty.19,2011 on the Property located at 1018 W. Fairfax Cir., Boynton Beach, Florida, -with the legal description of. LAWRENCE GROVE PL I RLPL LT 175 BLK 2, according to the plat thereof as recorded in Plat Book 66, Page 55, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-12-002-1750 is REDUCED TO $1,634.12. The City shall prepare a release and satisfaction consistent with this Order. 'ne release and satisfaction shall be recorded in the public records of Palin Beach County at the Respondent's expense. 6. This Order is net final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. T 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. DONE AND ORDERED after hearing it City of Boynton Beach, Palm Beach County, Florida this 11ky of '6-�O 20 _f 4 ATTEST: CLERKCI - Y copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent I F E D NOV �� U3 2014 CITY CLERK'S OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE