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Lien Reduction Guidelines-Procedures
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Lien Reduction Guidelines/Procedures
As defined in the City Ordinance Section 2-84, the City of Boynton Beach provides a formalized process whereby a property owner or related party may apply for a reduction of a Code Compliance Lien. The information contained in this document is intended to assist the applicant in successfully completing the Lien Reduction procedure. Be advised, failure to follow the enclosed guidelines may result in the loss of one-half the application fee and increased administrative costs associated with your case. Please pay particular attention to the criteria set forth in Section 2-85, subsections (1) and (2). This procedure is designed to provide the applicant with an opportunity to pursue a reduction or elimination of the lien(s) while insuring the City of Boynton Beach realizes a benefit in terms of a property that is in complete compliance with Code.
The following procedure must be followed to assist staff in providing the best possible service in helping you successfully complete this process:
- Completely read this document and seek clarification for any issues contained herein prior to scheduling an inspection. Any questions should be directed to Diane Springer, Code Compliance Coordinator, at 742-6833.
- Make sure the property subject to the lien is in full compliance with Section 2-85, subsections (1) and (2). This means the violations that caused the lien must be corrected as well as any other violations of City Ordinances existing at this time. Examples of common violations are provided for your review later in this document.
- Upon compliance with Section 2-85, a completed application, along with the appropriate application fee must be submitted to the Code Compliance Division in care of Diane Springer, Code Compliance Coordinator.
- Upon receipt of your application, the Code Compliance Administrator will inspect the premises to verify the property is in total compliance with Code. You will be notified in writing of the results of the inspection. If the property is not in total compliance, you will be refunded one half of your application fee as outlined in the Code.
- Providing the property doesn't qualify for Lien Reduction, you will need to correct the deficiencies and file a new application along with the appropriate application fee. Be reminded, each additional inspection may increase the administrative charges associated with your case.
- Once the property passes inspection and is signed off by the Code Compliance Administrator you will be scheduled for the next available Lien Reduction Hearing.
- During the Lien Reduction Hearing, the City of Boynton Beach Code Compliance Board listens to testimony from the applicant and the City regarding the request for reduction and renders a decision. The hearing is not a "hearing de novo" of the original case. In other words, the issues presented to the Board shall be limited to the circumstances that prevented the applicant from complying with the Board's original "Order" and does not involve discussion as to whether you were in violation at the time of the original hearing.
- Once the minutes of the meeting are completed and forwarded to the Code Compliance Division, a package is forwarded to each City Commissioner for their review. In accordance with Section 2-90, the applicant and City Commission have seven days in which to review the Board's Order. Either party may request an additional review by the City Commission in compliance with Section 2-90, paragraph (3). If no request for review should occur within the seven days, the Board's decision becomes final.
- Once the reduction process is completed, the applicant will be notified that the Board's decision is final and necessary arrangements for payment and/or release of the lien should be made with the Administrative Secretary in the Code Compliance Division. As noted in Section 2-90(6), payment in full must be made within 90 days of the date of the Order to Modify Lien. If payment is not received within that time period, the lien will revert back to the original amount and there will be no additional opportunities for lien reduction. Upon receipt of a cashier's check or money order, a request to release the lien will be sent to the Legal Department.
As a general guideline to assist you in this process, I'm providing the following list of common items (code requirements) routinely reviewed upon receipt of a Lien Reduction Application:
- All yard areas visible from the adjacent streets, including the swale, must be either landscaped or grassed to provide a uniform green appearance. No material other than grass is allowed in the swale/City Rights of Way.
- Property must be free of all un-containerized trash & debris, as well as loose items that occasion a hurricane hazard. This would include any unlicensed and/or inoperable motor vehicles, boats and/or trailers.
- The structure must be in good repair. This includes maintenance of windows, screens, fascia, fences, accessory buildings, swimming pools/enclosures and other aesthetic and safety related items.
- If the property is residential and is rented, you will need to ensure an Occupational License is secured prior to applying for a reduction of lien.
To summarize the above, it is highly recommended you take the necessary steps to make the property subject to the reduction request look as good as possible. This will ensure your request is given the consideration you expect when presenting the case before the Board. Typically, the Board reviews photographs depicting the appearance of the property before and after the violations were corrected. Your goal should be to provide the Board with a sharp contrast to what was originally presented. It is recommended you provide updated pictures to the Board as well as a documented listing of any expenses incurred to showcase the efforts you undertook to make the property an asset to the community. |
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