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12-471 The I Fv'te,v2 eficroL Police Department / 'A CFA Accredited Law Enforcernent Agency " I i fe ,\ ioo E. Boynton Beach Boulevard ( ,=A Boynton Beach, Florida 33425-0310 , ' " Phone: (561) 742-6100 ' 1 ; ■"'/A, Jeffrey Katz 1, - „ v r 7 ws 1 Chief of Police ,4‘ :5P1+ Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN - fEDUCTION TRANSMITTAL JO NDUM Date: April 18, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-471 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: C2 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) o 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. o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". , 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_. Minutes Cod t4 Spezia, i'. mii aeveh, Froder,i aarch. 1'3, 2CiG Ms. Springer presented the case. Notice of violation was sent on Oct Ober 24, 2014. The Code hearing was on January 21, 2015, and no one appeared. Compliance date and fine set was January 31, 2015, or $100 a day. Case came into compliance on February 5, 2016; there were 369 days of non-compliance at $100 a day for a total lien of $36,900 plus administrative fees of $634.12. Ms. Springer said the following items needed fixing in December for lien reduction inspection: sod the yard, repair the irrigation system; paint the house; trim overgrowth, remove or replace the fence; remove Florida holly; remove trash and debris; obtain permit for newly installed NC and water heater; repair soffit and gutter, pay outstanding water bill, and final open permits. The property was re-inspected in February, and they still needed to sod the yard, remove trash and debris, repair rear gate, repair soffits, and pay water bill. They were eligible for lien reduction on February 22, 2016. Dolma Paul, who bou At the property from the lark t said they were given 90 days to comply and spent approximately $70,000 in repairs and upgrades. It has been resold. Ms. Springer clarified that the case is a regular lien reduction, not a conditional release of lien. Ms. Paul said the property sold for $380,000, They purchased it for $12,000. Dack.lkin Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus administrative costs of $634.12.. Cael No, 12-471 Ryan Holmes Property Address: 821 NW 8 Way Violation(s): CO CH10 SECT 10-56 (A, B, and C) Repair or replace all damaged or rotted fascia. Repair, replace, or remove rotted leaning fence. Install four-inch address numbers on the building. Ms. Springer presented the case. Notice of violation was sent on March 15, 2012. The Code hearing was on May 16, 2012, and no one appeared. Compliance date and fine set was May 20, 2012, or $500 a day. Case came Into compliance on April 22, 2015; there were 1,060 days of non-compliance at $500 a day for a total lien of $530,000 plus administrative fees of $634.12. She was contacted in March of 2015 for inspection for compliance and lien reduction. Case did not comply because the fascia still had rotted wood. The City was contacted again in April and it still had not complied. In November, another request was made; It was discovered the pool pump needed repair, and they needed to secure the property, clean the green pool. Also a door on side of house was 20 68til,19! MinUieG 3[2c,c121 iNagistrae Hearings Moyrriorg r6anch, Florida March 16, 201C replaced without permit. In February, the City was again contacted and an outstanding water bill had to be paid. It was in compliance for lien reduction on February 25, 2016. Todd Kevitch, listing broker for the bank that own:- the provrty, stated that the property became bank-owned in December, 2014. He said it had been brought into compliance in April of 2015 according to known violations. At that time, he became aware of the other issues, which :•re now resolved. It is now up for sale, for $174,000 in an auction process; they put about $18,000 into repairs. At this time, Mr. Kevitch said it is under contract at approximately $985,000. Ms. Springer presented photos of the property. Decialon Ms. Ellis reduced the lien to $5,000 plus administrative costs of $634.12. V. NEW SUSIMESS C. Cases to be Heard at the End of the Hearing - Table Case No, 15-2225 Stephen Colucci a Angela Perry Property Address: 1240 SW 20 Avenue Type of Property: Single-family home, homesteaded Violation(s): CO CH15 ART 10 SECT 15-121, 124 It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of Florida to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus stop, daycare center, park, playground, or any other place where children regularly congregate. Stephen R. Colucci, occupant. Officer Hart presented the case, which was a City Department referral. The Initial inspection date was October 8, 2015. It is not a repeat violator, initial notice was issued October 8, 2015, via written notice. Thirty days were given to comply. Date notice sent Certified Mail was February 22, 2016. The green card date was March 2, 2016. Date property last inspected was March 15, 2016. Due to the nature of the case and the fact that Maine has let the violation go, but the State still requests him to register, and he plans to move, the City recommended 60 days or $50 a day. Ms. Ellis reviewed the facts of the case. 21 7 A CITY OF tOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 12-471 RYAN HOLMES Respondent(s): LIEN MODIFICATION O • 1) ER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on March 16, 2011 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 y 16, 2012 on the Property located at 821 NW 8' Way, Boynton Beach, Florida, with the legal description of: SKY LAKE PL 1 LOT 18 BLK 2, =cording to the plat thereof as recorded in Plat Book 39, P le 133 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-20-19-002-0180 is REDUCED TO :135,634.12. 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 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 M; :'strate'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. DOVE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 6i day of 2016. Carol D. Ellis i iC CODE COMPLIANCE MAGISTRATE ATTEST: , • f.} r .1 pri - f.'t? 1"- 7 ,k 1 / - v ,„ 4. CJTY CLERK 'I' & ' r, U t;" — copies furnished: - 4 - )e n Honorable Mayor and the City Commission City Attorney City Clerk Respondent 1 Clit CLERK S OHM r