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12-1253 - David AbotboolPolice Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6700 ,Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (551) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: May 21, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1253 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: Ei 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. D 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_ Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 Case No. No. 13-338 JP Morgan Chase Bank NA 1802 Meadows Circle K Ms. Springer presented the case, The Notice of Violation was sent on March 6, 2013, regarding a permit for demolition work and to remove mold and drywall. The case was heard on May 15, 2013, and no one appeared. The compliance date and fine set by the Board was to correct the violations by May 25, 2013, or a fine of $500 a day would be imposed thereafter. The violations were corrected on November 21, 2013, having 179 days of non-compliance for a total of $89,500 with administrative fees of $634.12. Ms, Springer was contacted in December. At that time, the property met the requirements for lien reduction. In March, the attorney appeared and the case was tabled because there was inadequate information, Tamara Walters, JP Morgan Chase, explained the violations were corrected and she had the required receipts for all the work. The property was under contract with the closing to occur on April 18ti', They were unaware the fine was $500 a day, and corrected the violations as soon as possible. Ms. Ellis reviewed the receipts. Based on the testimony of the City, the Respondent is in compliance, and looking at the receipts and the amount expended, to -date, she reduced the lien to $3,500 plus administrative costs of $63412. Case No12-1253 David Abotbool 227 NE Ili t h Avenue Ms. Springer presented the case. The Notice of Violation was July 9, 2012, regarding windows and stucco work needing permits. The case was heard September 19, 2012, and no one appeared. The compliance date and fine set by the Board was September 29, 2012, or a fine of $150 a day would be imposed thereafter. The violations were corrected on May 8, 2013, having 220 days of non-compliance, a total fine of $331 plus administrative costs of $634.12. There were outstanding taxes and water bilis that had to be paid. The owner had to obtain a Business Tax Receipt because he was renting the property. He needed to replace the missing glass on the front door, mow the yard, replace the soffit and paint it, replace the fence in the rear of the yard, remove trash and debris and replace the mailbox. He was then eligible for lien reduction. When the Officer inspected the property in October, he was ineligible as other violations were found. An officer inspected again in January and more violations were found, and the case was taken off the agenda. Currently, the property is barely in compliance for 0 Meeting Minutes Code Compliance Hearings Boynton Beach, FL April 16, 2014 lien reduction. The property could be in better shape, but there were no outstanding violations. Omar Salazar, Attorney, for the property owner, explained David Abotbool lives in Massachusetts and he restored the abandoned property and rents it. The lien was imposed on November 27, 2012, and the violations were corrected. The Property Manager was present to answer questions and Attorney Salazar requested a reduction of the lien. Greg Jacobs, explained he worked for True Development who services the property. He started the job about two months ago and he explained whoever worked for Mr. Abotboof before did not do what they said they would. He commented they hauled numerous loads of concrete, rocks, debris, old construction materials, and tires from the property. He had the receipt from Waste Management, There was a large tree in the front of the property that does not allow grass to grow, so they put down Chattahoochee rock. He spoke with one of the Code Officers who recommended removing the weeds from the rocks. He commented he would maintain the yard. The tenant there had chairs out front, and he told them to remove them. He explained he would ensure the yard was maintained # 7 , X_ Mq M#1' Based on the testimony From the City and the Respondent and his representative, Ms. Ellis reduced the lien to $3,500 plus administrative costs of $634.12. Case No, 10-540 Joshua Properties IV, LL 3313 Grove Road Ms, Springer presented the case. The Notice of Violation was sent on February 25, 2010, regarding repair or removal of the fence and a Business Tax Receipt needed for rental property. The case was heard on April 21, 2010, and no one appeared. The compliance date and fine set by the Board was May 6, 2010, or a fine of $50 a day would be imposed thereafter. The violations were corrected on November 14, 2013, having 1,287 of non-compliance, a fine of $64,350, and administrative costs of $634.12. Ms, Springer was contacted in August 2013 about how to comply. The property was re- inspected in September. The fence was repaired, but a Business Tax Receipt was needed. Once the Business Tax Receipt was resolved, there were outstanding water and property taxes that needed to be paid. She was again contacted in December to be placed on the agenda for a lien reduction; however, an inspection revealed several violations, which were to remove trash, debris and auto parts, repair the driveway apron, sod bare spots and repair the hurricane shutters. The property was re -inspected on February 24, 2014, and a vehicle without a tag had to be removed, which was addressed immediately. The property became eligible on February 28, 2014, for the lien reduction. 0 CITY OF BOYNTON BEACH Petitioner, vs. DAVID ABOTBOOL Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 12-1253 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on April 16, 2014, 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 arnount 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 19, 2012 on the Property located at 227 NE I Ph . Ave. Boynton Beach, Florida, with the legal description of: MEEKS & ANDREWS ADD LT 4 & ABND PT OF 5 FT ALLEY LYG N OF & ADJ TO DLK 2, according to the plat thereof as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-22-002-0040 is REDUCED TO S4,134.12. 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 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of —,204 D. Ellis CODE COMPLIANCE MAGISTRATE copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent MAY 0 6 4 GIV GLjRK,S Of VICE