12-2248 - Wells Fargo BankPolice 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: (567) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 15, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-2248
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 00107,
the following procedures are to be followed:
o 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.
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.
Li 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_
Meetings Minutes
Special Magistrate Hearings
Boynton Beach, FL July 15, 2015
2013, accruing a fine of $15,500 and administrative fees of $634.12. The City boarded
the property which corrected the violation.
Attorney Seligman advised the same situation occurred with this property as with the
prior property, The violations occurred before purchase. He thought $500 a day before
they purchased the property was excessive
Based on the presentation, Ms. Ellis reduced the lien to $1,500 plus the administrative
costs.
Case No. 12-2248 Wells Fargo Bank NA Trustee
Property Address: 415 SW 715 Court
Violation(s): CHI 3 SEC 13-16
CH10 SEC 10-56 (A), (B), and (D)
CHI 5 SEC 15-120 (D) INC.
Business Tax Receipt needed to rent
property. Mow, weed and trim property.
Repair garage door.
Ms. Springer presented the case. The Notice of Violation was sent November 13, 2012.
The case was heard on January 16, 2013, and no one appeared. The compliance date
and fine was January 26, 2013, or a fine of $200 thereafter. The violations were
corrected on June 25, 2015, accruing a fine of $175,800 plus administrative fees of
$634,12. There were taxes due and two outstanding water bills had to be paid. Ms.
Springer was contacted in April 2014 for a lien reduction inspection. She sent a list to
Mr. Markins detailing the soffit screens needed to be repaired or replaced, replace
missing window screens, paint unfinished soffit and fascia, The Respondent had to
obtain permits for the work done without permits involving windows, kitchen plumbing,
air conditioning, a bathroom remodel, close off the window in the garage, and stucco
work in the garage enclosure. They had to remove trash and debris, repair a broken
water valve, repair broken and damaged fascia, repair the irrigation system and resod
the front yard, Ms. Springer was contacted again and the property was inspected on
April 10, 2015. They needed soffit screens and window screens. A re -inspection
occurred on July 9, 2015, and they were eligible for lien reduction.
Mr. Markins and Mr. Morekens Lowe advised they purchased the property as a
foreclosure and did not know how to handle the violations. They purchased it with the
lien. They thought they could fix all the violations and advise the City to inspect it, but
they did not know about permits. When they learned what they had to do, they paid the
fees and resolved the matter. They spent a minimum of $40,000, but they were not
sure if they wanted to sell it. They knew about the lien coming in, but when they got red
tagged they learned of the matter. The property is not rented. When he called the City,
they said the violation was for a garage and to clean the property.
25
Meetings Minutes
Special Magistrate Hearings
Boynton Beach, FL July 15, 2015
Decision
Ms. Ellis explained the violations were there for a long time and they knew of the lien
prior to purchase, Ms. Ellis reduced the lien from $175,800 to $5,000 plus administrative
fees of $634.12. Ms. Ellis explained the process of how to pay
The Minutes Specialist administered an oath to all those intending to testify.
Case No. 15-505
Property Address:
Violation(s):
Robert & Lilliana Richardson
295 SE 10th Avenue
LDR CH3 ART IV SEC 3 D, A, B,2
CO CH15 SEC 15-120 (D) INC
Storage, temporary storage or staging of
vegetative matter is not allowed. Open
storage of the following is not permitted
in the M-1 Zone: barrels, vegetative
matters, storm panels, concrete pylons
and junk. Business activity and use is
not permitted on the property. Repair
fence.
Officer Cain presented the case. The Notice of Violation was sent March 6, 2015, for
the above named violations. The case was heard May 20th. The compliance date and
fine was a Cease and Desist by May 25, 2015, or a fine of $500 per occurrence would
be imposed. One occurrence was documented on June 1, 2015, plus inspection fees of
$96, and the Affidavit of Filing was $250.
Tom Carney, Attorney for the Respondents, advised they have been making every
effort to comply. The vegetation issue was off the table and he recalled Representative
Bobby Powell's letter which he requested twice and did not receive. Other items listed
on the Notice of Violation were corrected within five days. He contended this was a
global issue. The people operating the business have been meeting with staff to effect
a change to allow the use. The City, in a public hearing a few weeks ago, admitted they
violate the Code provision all the time themselves.
Ms. Ellis queried if the occurrence identified on June 18' was cited the same day and
learned it was. Mr. Carney responded the items on the Notice of Violation were
removed. Ms. Ellis commented the best way to analyze the case was to table the case
to the next month. She needed something in written form from both sides, to spell out
the issues.
Ms. Ellis ruled both parties should provide her with a written summary/brief within a
week from this Friday,
26
CITY O1" BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 12-2248
WELLS FARGO BAND NA TRUSTEE
Respondent(s),
LIEN MODIFICATION ORDER
THIS CAUSE cavae before the City of Boynton Bench Code Compliance Magistrate on the Respondent's
application for lien redaction on Jul 15 20.15, pursuant to Chapter Two, Article l=ive 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,
ORI.)ERED 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 January 16, 2013 on the Property located at 415 SW 7"' Ct., Boynton
Beach, Florida, with the legal description of:
BOYNTON RIDGE LT 6 BLK 15, according to the plat thereof as recorded in Plat Book 26, Page 115, of the Public Records
of Palin Beach County, Florida,
PCN: 08-43-45-28-19-000-0230 is REDUCED 'l O S5 63 #,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.
fa. 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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thisday of
?015.
ATTI'ST:
WI
eITY CLE2K
the City C ii i ,
AUG19 2015
CITY CLERKS 0MCE
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE