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09-2396Police 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 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: March 1+4, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-2396 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. 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. ❑ 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 Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Gerard Collins, Esq., attorney representing the Bayfront Boynton Beach Townhorhes. Mr. Collins also had Tom Fazio (Board President) and Ellen Rubin (Property Manager.for the Association) with him. Mr. Collins said the property Is a 48 - unit condominium, and was under the control of a developer who built the property at the time of inspection. He said several notices/invoices were sent to the wrong address — 450 Bayfront 'Drive - the clubhouse, which does not have a mailbox. He presented copies to the Magistrate. Ms. Ellis asked how the matter became known to him. Mr. Collins replied the current Board of Directors discovered the matter through a prospective purchaser who reported a lien on the unit he wanted to buy. The Association then paid the initial violation, and when the City came out, they found several items that needed fixing. Those items were remediated quickly. Mr. Collins elaborated that the lien covers the property that is owned by the Association; 22 units have paid to get a partial release from the lien. The City has received from those fees approximately $5,500 on a $150 outstanding amount. Ms. Springer clarified that at the time of citation, Crest Management was managing the property. All letters send to Crest Management had signed green cards returned. The partial releases are not deducted from the lien; they are a service to the buyers/sellers to allow the safe to go through without affecting the lien. She said the $5,500 helps cover the administrative costs involved and has. nothing to do with the amount of the lien. Mr. Collins stated that the current state of affairs is not the fault of the current Board of Directors, who took immediate steps to remedy the situation as,soon as they became aware of it. Ms. Springer clarified that the lien is against Bayfront Townhomes, and Crest Management, not Southern Homes, who was the developer. Decision Based 'on the testimony of both sides, .Ms. Ellis reduced the lien of $221,600 to $2,500 plus the administrative costs of $346.03. Case No. 09-2396 Bayfront Townhomes — Crest Management Co. Property Address: 450 Bayfront Drive Violation(s): CO CHI SECT 10-60 (A) and (D) Have all fire extinguishers,. fire sprinkler systems, and fire alarm systems in proper working order. 24 IF Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 Ms. Springer presented the case. The notice of violation date was July 21, 2009: The Magistrate hearing was .September 16, 2009, and no one appeared. The compliance date was set at September 21, 2009. The fine proposed was $250 a day. The property complied on May 14, 2010, for 234 days of non-compliance at $250 a day for a fine of $58,500 plus administrative fees of $730.15. Ms. Springer stated it was a referral from the fire department; It failed an inspection for the sprinkler systems and fire extinguishers. Gerard Collins, Esq., attorney representing the Bayfront Boynton Beach Townhomes, said it was the same situation as for the previous case. He thought the lien should be dramatically reduced. Decision Based on the testimony of both parties, Ms. Ellis reduced the lien of $58,500 to $1,500 plus the administrative fees of $730.15. F. Lien Reductions —New Case No. 13-696 Dalland Properties LP Property Address: 1930 NW 2 Court Violation(s): CO CH 13 SECT 13-16 Apply for and' pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on April 17, 2013. The Code hearing.was on June 19, 2013, and no one appeared. Compliance date and fine set was July 4, 2013 or $300 a day. Case came into compliance on December 11, 2613; there were 159 days of non-compliance at $300 a day for a total lien of $47,700 plus administrative fees of $634.12. Ms. Springer said that when Dalland owned the property in 20,14, they contacted her; she ,had a list of six Items to be repaired. Every time Code re -inspected, some items were fixed, but not all, and new ones were added. When they returned in April, there were electrical problems, soffit problems, etc. The new owner purchased the property with all its problems and have brought it into compliance. They went out for inspection a total of nine times when Dalland owned the property. Steven Platzek, attorney for the new owner, said his client purchased the property around July 17, 2015, knowing there were issues. They brought the property into compliance, spending approximately $50,000 in the process. He asked for a substantial reduction in the lien. 1s CITY OF BOYNTON BEACH FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 09-123 94 BAYFRONT TOWNHOMES — CREST MANAGEMENT CO. Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on January 20. 2016, 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: 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 September 16. 2009 on the Property located at 450 Bayfront Dr., Boynton Beach, Florida, with the legal description of: LOTS 56 & 57 AMENDED PLAT OF TRADEWINDS ESTATES, according to the plat thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-04-33-000-0000 is REDUCED TO 52,230.15. 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 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. 4D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2016. ATTEST: I - ��02, VJ 4 TY CLERK•— 0 �r �0 oopies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent 1 Carol D. Ellis CODE COMPLIANCE MAGISTRATE F 9- 14AR Q 9 2016 CITY CLERK'S OFFICE