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13-430 - 2481 NW 2 Street LLC0 z `4- `Z$ IW Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: November 26, 2013 City Commission Code Compliance Division Code Compliance Case 1' 3 -430 In accordance with Ordinance number 00'1 -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: u 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. o 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 America's Gateway to the Gulfstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Case No. 11-311 Tammy M. Anderson 550 NW 1 Ith Avenue Ms. Springer presented the case. The notice of violation was February 4, 2011 to mow and trim property and remove trash and debris. The Code Compliance Board hearing was March 16, 2011 and no one appeared. Compliance date and fine set by the Board was March 26, 2011 or $250 a day. Compliance was December 15, 2011 for 263 days of non-compliance at $250 a day for a total fine amount of $65,700 plus administrative costs of $634.12. Vince Moyer, CBIH Properties, 1070 NW 116 Street, Miami FI. 33168 indicated this case was identical to case number 09-3759 and he had no further testimony. Chair Costantino inquired when the property had been taken care and Ms. Springer replied no notice was issued by the City. I Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 16, 2011, to the amount of $634.12 including administrative costs. Ms. Brenner seconded the motion that passed 5-2. Case No. 13-430 2481 NW 2nd Street LLC 2481 NW 2 d Street Ms. Springer presented the case. The notice of violation was March 14, 2013 to repair driveway and apply for and pass inspection for business tax receipt for rental property. The Code Compliance Board hearing was April 17, 2013 and no one appeared. Compliance date and fine set by the Board was April 27, 2013 or $150 a day. Date of compliance was September 27, 2013 for 152 days of non-compliance at $150 a day for a total fine amount of $22,800 plus administrative costs of $730.15. Ms. Springer was contacted on September 27, 2013 for a lien reduction inspection and it was found there was outside storage that needed to be removed, the fence on the south side had to be repaired and the frame on the window air conditioner unit needed to be repaired. The property was re-inspected on October 15, 2013 and passed inspection. There were no outstanding water bills or taxes. Jorge Tovar, 517 E. Lakewood Road, West Palm Beach, FI. 33405 the operation manager for the company, explained the first time he heard the property did not pass inspection as a rental was in April. The current occupant is the same person that lost the house. Mr. Tovar stated he tried to comply with the issues that needed to be resolved. When the re-inspection was done more issues were brought up. Mr. Tovar explained he came to the hearing on July 23, 2013 at which time the case was tabled until August 21, 2013. Mr. Tovar applied for a lien reduction in September. 17 IIJEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Chair Costantino informed Mr. Tovar when a case is tabled, the time is still running. It is of the utmost importance to get the issue fixed as soon as possible and let the Code Department and re-inspect the property and stop the time. Mr. Tovar said at the time it was a window permit issue and that was why it was tabled. It was not until the second inspection that the driveway issue came up. Mr. Borrelli asked how much the house is worth, but Mr. Tovar had no idea. He reiterated the previous owner is still living in the property. Chair Costantino commented it has been a rental property since March or April 2013 and the owner has been collecting rent without a business tax receipt. Chair Costantino surmised if Mr. Tovar's employer purchased the property in 2011 and the person they bought it from stayed in the house, he was collecting rent from that person. Mr. Tovar commented he only worked for the company for one and a half years. Chair Costantiono asked if rent is being collected now and Mr. Tovar said $700 a month was collected now. Ms. Brenner asked Ms. Springer if the owner was fined for the BTR or if he came in and made the application. Ms. Springer related the owner was cited in March and made application in April. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 17, 2013, to the amount of $2,280.00 including administrative costs. Ms. Yerzy seconded the motion that passed 5-2. (Ms. Carroll and Mr. Cwynar dissented). Case No. 13-1067 Amazing Houses, Inc. 1480 Via De Pep- Ms. Springer presented the case. The notice of violation was May 17, 2013 to apply for and pass inspection for business tax receipt for rental property. The Code Compliance Board hearing was July 17, 2013 and no one appeared. Compliance date and fine set by the Board was July 27, 2013 or $150 a day. Compliance was October 17, 2013 for 81 days of non-compliance at $150 a day for a total fine amount of $12,150 plus administrative costs of $634.12. Ms. Springer was contacted by Mr. Brown, owner of 1480 Via De Pepi, last week and advised him his case did not comply because the property needed to be inspected as stated on the business tax receipt application. The property was inspected on October 17, 2013 and passed inspection. There were no outstanding water bills or taxes. Paul Seal, 12008 S. Shore Blvd., Wellington, explained the property is currently under contract. There was a tenant who received a notice in July about the non-compliance. Mr. Seal stated his client, Mr. Brown, contacted the Code Compliance Department and paid $82 for two years. The check was returned because the fee is not accepted for W CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 13 -430 2481 NW 2 N STREET LLC Respondent(s). l LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on October 23, 2013, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board 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 board 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 Board 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 Board on April 17, 2013 on the Property located at 2481 NW 2nd St., Boynton Beach, Florida, with the legal description of ROLLING GREEN RIDGE 1 sT ADD LOT 34 BLK 21, according to the plat thereof as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -16 -01 -021 -0340 is REDUCED TO 2,280.00. 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 Code Compliance Board 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 Board or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Aay of 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent NOW 13 2013 CWWWOOFFICE