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12-2080 - Dalland Properties, LPD_ I Ulice Departrnent "A CPA Accredited Law Enforcement Agency 10(3 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-4310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone., (561) 742-6120 FAX: (561) 742-6838 Date: September 5, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-2080 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: D 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. 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". 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_. MEETING MINUTES CODE COMPLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 1F, 2014 accruing a fine of $15,500. The Board chose not to certify the entire amount in 2009 and certified the fine for $2,184.12 including the administrative fees. Bernadine Jones, of Prodigy Capital, explained the violations were caused by the former owner. Given the presentation by the City and the comments by the Respondent's representative, his. LE-Ilis reduced the fine certified in the amount of $2,184.12 to $800 plus $634,12 in administrative costs. Case No. 12-126 Thomas A. Agius 3350 Ocean Parkway Ms. Springer explained the Notice of Violation for this case was sent on January 25, 2012, to secure the building. The case was heard on March 21, 2D12, and no one appeared. The compliance date and fine was March 31, 2012, or a fine of $150 would be incurred thereafter. The violations were corrected onlay 20, 2012, accruing a fine of $7,500 plus administrative fees. Bernadine Jones, of Prodigy Capital, reiterated the case was the same as the previous cases. The prior owner caused the violations, which she had corrected. Decision Given the presentation by the City and the comments by the Respondent's representative, Ms. E-flis reduced the fine of $7,500 to $1,500 plus administrative costs of $634.12. Case No. 12-2080 Dalland Properties, LP 520 NW 13th Avenue Ms. Springer presented the case. The Notice of Violation was sent on October 19, 2012, to obtain a Business Tax Receipt for the rental property. Ms. Springer explained in addition to the Business -rax Receipt, Chapter 15 relating to the Community Appearance Code, was cited on the notice of hearing, but nothing was placed in the narrative. Only the Business Tax Receipt portion would be heard. The case was heard on December 19, 2012 and no one appeared. The compliance date and fine was January 29, 2012, or a fine of $100 a day would be imposed thereafter. The violations were corrected on July 14, 2014, accruing a fine of $56,100 plus the administrative fees. The Business Tax Receipt was applied for in 2012 and no inspection was done on the property because it was vacant at the time and the Business Tax Receipt was no longer needed. On April 16, 2014, Ms. Springer was contacted for a lien reduction inspection, and the Respondent had to sod the area in front and to the west of the house and the property would be eligible for lien reduction, On May 22, 2014, Ms. Springer found the 11 MEETING MINUTES CODE COMPLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 water bill was under someone else's name other than Galland Properties and Ms. Jones confirmed there was a tenant. Ms. Jones obtained the Business Tax Receipt and the property was in full compliance on July 14, 2014. Ms, Jones, of Dalland Properties LP, commented she was not aware of the tenant at the time so they did not have the Business Tax Receipt, but once she was advised of it, they applied that day and had an inspection the following day. Ms. Jones agreed to ,ansure the Business Tax Receipt is renewed each year. Based on the testimony of the City and the comments by the Respondent's representative, Ms. Ellis reduced the fine from $56,000 to $3,000 plus administrative fees of $634.12. Case No. 14-1413 Yolanda Jones Address: 410 NW 3rd Street Violation(s): CO CH2.5 SEC 2.5-12+13 Excessive false alarm fees. Officer Lewis presented the case for the above captioned violation. The case was a referral from the Police Department, The initial inspection date was June 11, 2014, regarding excessive false alarm fees. Written notice was sent giving 10 days to correct the violations. Certified mail was sent on June 21, 2014. Service was obtained by posting the property on July 7, 2014 and the fees have not been paid, Officer Lewis explained the false alarm fee process. Staff recommended 15 days be given to correct the violations by July 31, 2014. Officer Lewis explained the Respondent has not made contact with Code Enforcement, Forest Jones, the owner, explained it was hard for him to answer his phone at work. The alarm has a special sensor on one side of the home which acts as a shock absorber, The alarm sounds when cars drive by with loud radios that cause the window to vibrate. 0-TITMIM Ms. Ellis gave 15 days to pay the $325. If not paid by July 31, 2014, a fine of $50 a day would be imposed thereafter. Case No. '14-896 Kevin and Janeen allaqher Property Address: 441 SW 3rd Avenue Violation(s): CO CH15 SEC 15-120(D) INC Mow overgrown yard and remove all outside storage from carport, 12 CI'T'Y OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 12-20110 DALLAND PROPERTIES LP Re spondent(s). LIEN MODIFICATION ORDER THIS CASSE came before the City of Boynton Beach Code Compliance Magistrate on thc. Respondent's application for lien reduction on luly 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 parry 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 duty advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: I. This Magistrate has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2, The Respondent has inet all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on December 19, 2012 on the. Property located at 520 NW IP Ave., Boynton Beach, Florida, with the legal description of; KNOLLWOOD SUB LT 20, according to the plat thereof as recorded in Plat Book 2?, Page 51, of the Public Records of Palm Beach County, Florida„ PCN: 08-43-45-21-33-000-0200 is REDUCED TO 53,634.12, The City shall prepare a release and satisfaction consistent with this Order. 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 lbrce 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. y DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ���� ay of c 1 20 6 Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: a m C - Y CLERK. copies furnished. Honorable Mayor and the City City Attorn City Clerk Respondent JUL3 2014