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13-1394 Pelican Estates, Inc031 Police Department "A CPA Accredited Low Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: March 5, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-1394 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: 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) Lj Said review must occur within thirty (30) days of the request for review. Lj 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. u 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 January 21, 2015 Case No. 13-1394 Pelican Estates, Inc. 1340 Neptune Driv.- Ms. Springer explained the Notice of Violation was sent on June 28, 2013, regarding a Business Tax Receipt. The case was heard on October 26, 2013, and no one appeared. The compliance date and fine set was October 26, 2013, or a fine of $200 a day would be imposed thereafter The violations were corrected on October 22, 2014, having 360 days of non-compliance and a total fine of $72,072, plus five inspections at $730.15. The property was a commercial property, She was first contacted in November and the Respondent had to remove outside storage, wood on the northeast corner and parking spaces, restripe the parking lot, trim the overgrowth, remove an inoperable truck in the rear of the property, an unpermitted sign on the road front, place six-inch street numbers on the building, paint over the old signage and replace the stop sign at both entrances. The Respondent complied within a short period of time. Andrew Marciniszin, representing Pelican Estates, Inc., explained they learned of the liens in August 2014, Prior to that, the bookkeeper received the notice and went to the City and paid the Business Tax Receipt in October. He thought he was correcting the issue by making the payment. The bookkeeper became ill, and they finally received the notices in August. They contacted the tenant and corrected the matter. He requested the City reduce the lien. Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Property Address: Violation(s): Sylvie Elfassaint — Jose Vargas, Tenant 21 S. Atlantic Drive CH1 5 ARTX SEC 15-121124 It is unlawful for any person who is required to register as a sexual predator or offender, under the laws of the State to establish a permanent or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground or any other place where children regularly congregate, Officer Hart presented the case as contained in the Notice of Violation, The case was a City department referral. The initial inspection date was November 14, 2014. Written notice was sent November 14, 2014, giving 30 days to address the matter, Service was IFI CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 13-1394 PELICAN ESTATES INC, Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on January 21, 2015, 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; I, This Magistrate has subject natter 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 October 16,_201.3 on the Property located at 1340 Neptune Dr„ Boynton Leach, Florida, with the legal description of, 5-46-43, S 281.50 FT OF N 873 FT OF NW A OF SW V, (LESS W 1202.76 FT), according to the Public Records of Palm Beach County, Florida, PCN: 08-43-46-05-00-000-7024 is REDUCED TO $1,730.15_, 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 ofPalin 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. n 1 DONE AND ORDERED after hearing at City of Boynton Beach, Palm Leach County, Florida this day of _,2015. copies furnished. Honorable Mayor and the City Commission City Attorney City Clerk Respondent FEB2014 CITY CLERKS OFFICE Carol D, Ellis CODE COMPLIANCE MAGISTRATE