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10-3493 Prime Property of the Palm Beaches Inc.P0.1ice Department "A CFA Accredited Law Enforcement Agency 100 & Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (567) 742-6120 FAX (561) 742-6838 Date: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3493 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: o 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) o 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, Li 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 Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 there were outstanding water bills. The property was eligible for lien reduction on August 6, 2015. Nabil Kishk, the property owner, explained there is a general contractor working with him. The house was a foreclosure and people were doing drugs in the house. Officer VVeixler entered the property illegally. He claimed his worker was a burglar, he requested Police assistance to come in and take a picture, The house had two rooms that had no closets, He spent $37K on the home, Mr. Priest from the Building Department explained because he constructed closets, the project was a new construction. The work was done, but the problem was the blueprint and he could not finish. He requested more time Ms. Springer had photographs she showed to Ms. Ellis and the Respondent. She explainbd the problem was he did the work before the permits were issued. Based on the testimony, Ms. Ellis reduced the lien from $27,000 to $2,500 plus administrative costs. th Case No. 10-3493 Prime Property of the Palm Beaches Inc. 550 NW 13 Avenue Ms. Springer presented the case, The Notice of Violation was sent December 3, 2010, regarding storing vehicles in a residential zone and obtaining a Business Tax Receipt for rental property. The case was heard January 19, 2011, and no one appeared. The compliance date and fine set was January 29, 2011, or a fine of $400 a day would be imposed thereafter. The violations were corrected on July 29, 2015, accruing a fine of $656,400 plus administrative fees. The only thing the Respondent had to do to comply was pay two outstanding water bills. Kevin Ballore, representing the owner, explained he was originally cited for the Business Tax Receipt and inoperable vehicles. In 2010, he obtained a printout and it said he had the license. He thought the issue arose from a tenant. He was upside down on the property which was a multi -family property he was trying to sell. When he obtains the 2015 Business Tax Receipt, he will have to pay for the back years, Ms. Springer thought he paid for the Business Tax Receipt, but did not call for the inspection, 70=4 0 mo Given the testimony and amount of the lien, Ms. Ellis reduced the lien to $10,000 plus administrative costs. 24 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Mr. Ballore advised he had a hardship. He was selling the property and not making any money off of it. Ms. Ellis explained there is another case and it is a repetitive issue. It was just the Business Tax Receipt, but it was always in compliance, Case No. 09-893 Prime Property of the Palm Beaches 409 NE 10th Avenue Ms. Springer presented the case. The Notice of Violation was sent on March 30, 2009 regarding a Business Tax Receipt for a rental property. The case was heard May 20, 2009, and no one appeared. The compliance date was May 30, 2009, or a fine of $150 a day thereafter, The violations were corrected on October 27, 2009 accruing a fine of $22,350 plus administrative fees. Ms. Springer was contacted in July for a lion reduction inspection and the Respondent needed to sod the yard, repair the fence, remove tires and vehicles, obtain a Business Tax Receipt as it had lapsed and pay outstanding water bills. Decision Ms. Ellis reduced the fine to administrative costs of $634.12, Case No. 13-615 12312 Wilkins Avenue LLC 1340 Piazza Pitti Ms. Springer presented the case. The Notice of Violation was sent April 2, 2013, regarding obtaining a Business Tax Receipt for rental property. The case was heard June 19, 2013, and no one appeared. The compliance date and fine set was June 29, 2013 or a fine of $200 a day would be imposed thereafter. The violations were corrected on October 25, 2013, accruing a fine of $23,400 plus administrative costs, Ms. Springer was contacted in August and all was done. Brian Shutt, Esq., on behalf of the property owner, explained this was an administrative oversight on behalf of his client. All violations were in compliance. There was no impact on the neighbors or neighborhood. They have another item on the agenda and the townhouse was up the street, in the same townhouse complex with the same issue. They dealt with a leasing company to rent the property. Emails to the client and the leasing company showed they were trying to schedule an inspection and there were issues gaining access due to the tenant. Attorney Shutt's client was working in New Jersey remediating the effects of Hurricane Sandy. When they returned, they addressed the issue in October. They became aware of the lien when they attempted to sell one of the units. With the lien, they would be upside down. The deal was falling through and Attorney Shutt requested a reduction to zero as it had no impact on the community. Decision Given the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative fees 25 CITY OIC BOYNTON BEACH FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10-3493 PRIME PROPERTY OF THE PALM BEACHFS INC, Respondcnt(s), LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on August 19, 2015, pursuant to Chapter Two, Article Five of the City Code of Ordinances, The Magistrate having considered the application, all the #acts 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 hen imposed by the Magistrate on ,Ianajan, 19, 2011 on the Property Located at 550 NW 1S'h Ave., Boynton Beach, Florida, with the Legal desci-iption of: KNOLLWOOD SUB LT 12, according to the plat thereof as recorded in Plat Book 27 Page 54, of the Public Records of Palm Beach County, Florida, PCN: 05-43-45-21-33-000.0120 is DEDUCED TO `1;10,634.12. 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 cinder 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 rernain 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. �DON AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this clay of 2015. copies furnished; Honorable Mayor and the City Commission City Attorney City Clerk Respondent e,, ,3EP 10 20'L CITY CLERK'S 4Fl arol D. Ellis CODE COMPLIANCE MAGISTRATE