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12-2380 - Frederic Moreau & Marie PompePolice Department Police "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 Date: September 15, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-2380 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) ci 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 1 20_, Meetings Minutes Special Magistrate Hearings Boynton Beach, FL July 15, 2015 Case No. 10-1166 Frederic Moreau & Marie Pompe Property Address: 512 NW 9th Avenue Violation(s): CH15 SEC 15120 (D) INC Mow grass and weeds. Ms. Springer advised there were two cases for the same address and she presented the case. The Notice of Violation was sent on April 16, 2010. The case was heard on June 16, 2010 and no one appeared. The compliance date and fine set was June 26, 2010, or $50 a day thereafter. The violations were corrected on November 30, 2011, accruing a fine of $26,050 plus administrative costs of $634.12. Compliance was confirmed in October 2011. In August 2014, Ms, Springer received an email requesting a lien reduction inspection. When they inspected the property, it was so badly overgrown the inspectors could not conduct the inspection. In December 2014 an inspection revealed the Respondents needed to reinstate a permit that had failed inspection, replace soffit screens, sod bare areas on the front and west side of the property, remove or replace the fence on the west side, there were six municipal liens over $3,000 that had to be paid and a water bill of over $3,000 had to be paid. The property was again inspected in January 2015 and only the soffit screens and the fence remained outstanding. They applied for the fence permit and it was inspected. They still needed the soffit screens, but the property had tenants so a Business Tax Receipt and Certificate of Use was needed. On June 8, 2015, all the violations were corrected. Adam Seligman, Attorney for the former owner, was present and advised the owner was Triune FL, LLC, Most violations occurred before they purchased the property via a tax deed. They paid over $8,000 for nuisance fees, water bills and others and made an unlivable property habitable. The property is now rented. It improved the neighborhood and their property values. When they learned of issues they addressed them. r. Based on the presentations by the City and Respondent, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634,12. Case No. 12-2380 Frederic Moreau & Marie Pompe Property Address: 512 NW 9'h Avenue Violation(s). CHI 0 SEC 10456 (D) Secure building to prevent unauthorized individuals from entry. Ms, Springer presented the case. The Notice of Violation was sent December 13, 2012. The case was heard February 20, 2013, and no one appeared. The compliance date and fine was March 3, 2015, or $500 a day thereafter. The case complied on April 3, 24 Meetings Minutes Special Magistrate Hearings Boynton Beach, FIL 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 Farr Bank NA Trustee Property Address: 415 SW 7' Court Violation(s): CH 13 SEC 13-16 CH10 SEC 10-56 (A), (B), and (D) CH15 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 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON REACH Petitioner, VS. FREDERIC MOREAU & MARIE POMPE Respondent(s). CAST; NO, 12-2380 LIEN MODIFICATION ORDER THIS CAUSE carne before the City of' Boynton Beach Code Compliance Magistrate on the Respondent's application fOV lien IT(ILICtiOn on July 15, 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 specifie case and being otherwise duly a&i ,sed in the premises, it is hereupon, ORDERED ANT) ADJUDGED that: 1. This Magistrate, has subject matter jurisdiction OfthiS cause and jurisdiction over the Respondent. 2. The Respondent has inct all the lien reduction procedures established by the City Code of Ordinances. 3. The lien unposed by the Magistrate on February 20, 2013 on the Property located at 512 9 NW " 4W Ave„� Boynton Beach, Florida, with the legal description of: C 1-1 F RR Y I IILLS, BOYNTON LTS 72, 73 & W 8 FT OF LT 74, according to the plat thereol'as recorded in Plat Book 4, Page 58, of the Public Records ol'Palm Beach Counly, F)orida, PCN: 08-43-45-21-14-000-0720 is REDUCED TO $2,134,12 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 lor appeal under the Code has elapsed and if appealed is property 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 shali remain on the property. No extensions of the ninety (90) day period shall be permitted, and no flurther action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. DONE AND ORDI-,RFD after hearing at City of Boynton Beach, Palm Beach County, Florida this of Ali f, 2015. Carol D. Ellis CODE, COMPLIANCE MAGISTRATE ATTEST ITY CLERK he City Commisgion AI bOG 1 9 2015 Cj-C CLERKS or'VICE