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14-1475 16 PROP LLCPolice Department Police "A CFA Accredited Low Enforcement Agency 1 00 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 1 11:4, 1 1 1 NAB IIf III NIZ W WIN- E L V A I A i [ 1 1 1A 011 big IL Date: June 24, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-1475 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: ❑ 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) ❑ Said review must occur within thirty (30) days of the request for review, ❑ 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. ❑ 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 120 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS 607WON BEACH, FLORIDA MAT 20, 2015 . . . . . . . . . . . . . . . . . . and it was not parked there every day. He did not have a personal car, so when he has to go out on a job, he has to get a ride from Public Storage, where he stores the truck. If he does not have a ride home, he parks the truck at the house until someone could follow him to storage to drop the truck and drive him home. In the morning, he gets the truck and leaves for the job. Ms. Ellis ordered the truck gone in 10 days. He inquired if he could park the truck at the house during lunch to eat. He had storage receipts showing the truck is parked at that facility, Officer Pierre responded he had 15 minutes to stay on the property and grab something to eat, per City Code. Ms. Ellis ordered a 10-day compliance date of May 30, 2015. She noted if the vehicle is parked for more than the permitted time, she may have to issue a Cease and Desist Order, which meant the truck could not be there at all. She requested he be mindful of the time, If the Officer sees him, he will have to return in 15 minutes to see if the truck was still present. He requested the Code Officer not be petty about it. Ms. Ellis responded she could not change the Code and the Officers will act in good faith. She repeated the 10 -day compliance date and advised there will be a $200 a day fine if not removed, Case No. 14-1475 16 PROP LLC 2401 NW 2 n " Ms. Springer presented the case. A Notice of Violation was sent of June 17, 2014, regarding a Business Tax Receipt inspection for a rental property. The case was heard on August 20, 2014, and Newman Mathai appeared. The compliance date and fine set was September 4, 2014, or $100 a day thereafter. The violations were corrected on April 7, 2015, having 207 days of non - compliance, accruing a fine of $21,400 plus four inspections and administrative costs of $634.12. Ms. Springer was contacted in April for a lien reduction inspection, which revealed the Respondent had to sod bare areas in the yard, remove outside storage and pay a water bill of over $200. They were now eligible for lien reduction. Newman Mathai, Registered Agent for the company, explained they usually obtain their properties at auction so there are usually issues. Based on the testimony of the City and the Respondent, Ms. Ellis reduced the lien to $2,500 plus $634.12 for a total of $3,134.12 19 CITY OF BOYNTON BEACH Petitioner, vs. 16 PROP LLC Respondent(s), CASE NO. 14-1475 THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on May 20, 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: 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 August 20, 2014, on the Property located at 2401 N 2" ST Boynton Beach, Florida, with the legal description of ROLLING GREEN RIDGE , ST ADD LT 37 BLIP 21, according to the plat thereof as recorded in Plat Book 24 Page 223 through 226 of the Public Records of Palm Beach County, Florida, PCN: 08-43-4516-01-021-0370 is REDUCED TO $3,134.12 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 Lies 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 ,2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: Ty copies famished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILED JUN J, i d CITY CLERK'S OFFICE