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12-1639 Gary OlsonIfn # Police 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 W"k HkWomolf Date: March 10, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1639 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: Lj 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) u Said review must occur within thirty (30) days of the request for review. o 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. u 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 Magistrate Hearings Boynton Beach, Florida February 18, 2015 Case No. 12-1809 SunTrust Mortgage Inc. 660 Renaissance Commons Blvd. No. 2621 Ms. Springer reviewed the Notice of Violation was sent September 13, 2012, pertaining to a Business Tax Receipt for a rental property. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 18, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on January 12, 2014, accruing a total fine of $69,900 plus administrative costs. They only had to register the property with the City's vendor, which they did. Joseph Harmon, representing SunTrust, was present, Ms. Ellis inquired when the bank took possession of the property and he responded he also represents Keller Williams. They obtained possession about seven or eight months ago. He handles weekly inspections of the home and was unaware anything needed to be done, He requested a reduction and advised it was vacant. Ms. Springer explained SunTrust took possession in February 2011, and there was a tenant at the premises at that time. Mr. Harmon did not know why SunTrust did not send a representative in 2012. Decision Based on the 'testimony by the City and the Respondent's Representative, Ms. Ellis reduced the lien to $7,500, plus administrative costs, because the bank was the owner since the violation occurred and she did not understand why it took the Bank so long to respond. Case No. 12-1639 Gary Olson 1660 Renaissance Commons Blvd. No. 1.217 Ms, Springer reviewed the case pertained to needing a Business Tax Receipt for rental property. The Notice of Violation was sent August 24, 2012. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 3, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on February 4, 2015, having a total fine of $76,100, Ms. Springer advised there was nothing to be done to come into cornpliiance, and it was in compliance when it was inspected. This case was initiated by the management company, who sent a list of all units rented in the building. Mr. Olson had proof from the management company, his name was sent in error and the unit was not rented. Correspondence was sent to a Boca Raton address listed on the tax rolls, but it was not his address, Gary Olson, the property owner, commented the unit had Chinese drywall and was uninhabitable. The unit was properly repaired through a class-action lawsuit. It was LP Meeting Minutes Code Compliance Magistrate Hearings Boynton: Beach, Florida February 18, 2015 currently vacant except for items he was storing on the premises and he intended to sell the unit. Ms. Springer advised due to the HOA forwarding their name to the City, staff may have cited him in error. The item had to be heard in order to release the lien. Based on the clarification, Ms. Ellis eliminated the fine since there was never a violation. Case No. 15-99 Henrietta D. Copeland Property Address: 404 S. Circle Drive Violation(s): CO CH4 SEC 4-32 Dogs must be humanely secured to owner's property or on a leash when off the premises. Officer Roehrich explained the case arose from ongoing citizen complaints. The initial inspection in 2013 revealed the above violation. Notices were sent in 2013, 2014, and courtesy, verbal and civil citations were issued. More recently, written notice was sent on January 14, 2015, giving five days to correct the violation. Certified mail was sent January 21, 2015 and returned on January 30, 2015, signed, but undated. There are several small dogs that run lose. The property owner was present, Ms. Copeland's mother resided in the garage and was an animal lover with four small dogs. Officer Roehrich receives continual complaints because the dogs are running loose in the street and chasing children. Two of the dogs were hit by cars, so there were two dogs remaining plus one dog Mr. and Mrs. Copeland have. She recommended a Cease and Desist Order be issued with a penalty of $250 per occurrence. Ms. Copeland requested Officer Roehrich remove the dogs from the property; however, Officer Roehrich does not get involved in family matters. The mother does not want her dogs removed, but the Respondent did not want to be responsible for them. Henrietta Copeland, the property owner, was administered an oath. She had no comments and added as of two weeks ago, the dogs were leashed and secured. Ms. Ellis explained how a Cease and Desist Order works to Ms. Copeland. Ms. Ellis ordered a Cease and Desist Order effective February 19, 2015, and a fine of $250 per occurrence. Case No. 14-2757 U.S. Bank National Association Property Address: 7904 Manor Forest Lane Vioiation(s): CO C 1 SEC 10-51,5 INC BBA FSC 2010 ED 105.1 7 CITY OF BOYNTON BEACH Petitioner, vs. GARY OLSON Respondent(s), CITY OF BOYNTON BEACH, FLORIDA CAST, NO. 12-1639 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 1&, 2015, 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: 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 December 19 2012 on the Property located at 1660 Renaissance Commons Blvd. #1217, Boynton Beach, Florida, with the legal description of: VILLA LAGO CONDOMINIUM UNIT 1217, according to the plat thereof as recorded in Plat Book 43, Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-17-I8-000-1217 is REDUCED TO NO FINE. The City shall prepare a release and satisfaction consistent with this Order. 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 shalt be permitted, and no further action by the Code Compliance Magistrate or the City Commission shall be permitted regarding Beal reduction. D INE AND ORDERED after hearing at City of Boynton Beach, Pali Beach County, Florida this VI-Qay of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: ClT CLERK Y copies furnished; Honorable Mayor and the City Comm City Attorney. City Clerk Respondent M I rs'x+ FE D Mai o 6 2014 C11 -Y CLERKS OFFICE