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14-1224 King Investment Solutions IncM77 W Police Department "A CFA Accredited Law Enforceinent 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: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-1224 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) D 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. D The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 1, 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 Decision Based on the testimony given, Ms. Ellis reduced the lien to $1,000 plus administrative costs. Case No. 14-2445 Real Strategic Capital LLC 1601 NE 2 nd Court Ms. Springer presented the case, The Notice of Violation was sent on October 27, 2014, regarding trash and debris, obtain permits and remove or repair all water damage and missing drywa[l, repair or replace all broken windows, torn screen on screen patio, repair or replace all missing soffit screens, broken chain link fence, secure all open windows and doors, The case was heard on December 17, 2014, and no one appeared. The compliance date and fine set was January 31, 2015, or a fine of $200 a day would be imposed thereafter. The violations were corrected on July 20, 2015, accruing a fine of $33,800 plus administrative fees, Ms, Springer was contacted July 14, 2015, for a lien reduction inspection, and it was learned they needed to sod the yard and swale, trim hedges, pay the 2015 property taxes and outstanding water bills which was done. Bernadine Jones, representing the owner, advised the property was purchased in August 2014, and they were notified November 4, 2014 for the new violations regarding permits that needed to be pulled and exterior maintenance. They were preparing for a major home renovation and she had receipts. They had received extensions and the renovation took about three months. Ms. Ellis reviewed the various invoices Ms. Jones presented, Ms. Ellis reduced the lien to $2,000 plus administrative fees of $634.12, Case No. 14-1224 King Investment Solutions Inc. 121 SE 30 Avenue Ms. Springer presented the case. The Notice of Violation was sent May 21, 2014 regarding permits for interior renovations, yard maintenance violations, trash and debris repairs of sprinkler system, gates and a safety barrier for the pool and pool maintenance. The case was heard July 16, 2014, and no one appeared. The compliance date and fine set was July 23, 2014, or a fine of $150 a day would be imposed thereafter. The violations were corrected August 5, 2015, accruing a fine of $56,550 and administrative fees. Ms. Springer was contacted in November by Mr. Hernandez who advised he had open permits, and he could not apply for lien reduction. The next time she heard from anyone, was the beginning of the month by the new owner, who needed to apply for the Business Tax Receipt before applying for lien reduction. W Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Alan Eisenberg and Stanley Kragei, the property owners, were present. Mr. Eisenberg explained he met Mr. Hernandez in 2014 as he purchased a home from him in Lake Worth. They had an agreement and two days before the closing, he advised he could not close because he was short $70,000, so they took a note for the money and closed. Shortly thereafter, they were contacted by Mr. Hernandez, who had been making payments and advised he had a property in Boynton Beach, which is the subject property, Mr. Hernandez asked him for the money to finish the property, which was denied, but they agreed to take over the loan, Mr. Hernandez borrowed enough money to purchase and fix the home. They agreed to turn the property over to him in a turn- key manner. As they progressed, they had to keep paying the contractors to finish the project. When they applied to a lender for financing they learned of the lien and they had taken title in lieu of foreclosure. In total they spent $156K to purchase a home in finished condition, but wound up having to spend another $40,000 to fix it up. He contacted Ms. Springer who explained the lien reduction process. The property was an asset. Ms. Springer had before and after photographs Ms. Ellis and the Respondents viewed, FITMA 0 m*1 Based on the testimony and photographs, Ms. Ellis reduced the lien to $1,000 plus administrative fees of $634.12, Case No. 15-1568 Lori Stingo Property Address 3626 S. Seacrest Blvd, Violation(s): CO CH13 SEC 13-16 CO CH15 SEC 15-120 (D) INC Place boat on hard surface. Install four- inch house numbers on the building to be visible from the street. Obtain a Business Tax Receipt for rental property. The Clerk administered an oath to the Respondent. Officer Hart presented the case. A routine inspection on June 25, 2015, revealed the above violations. The Respondent was a repeat violator. Written notice was sent on June 25, 2015, giving 10 days to comply. Certified mail was sent July 17, 2015, and the green card was signed July 24, 105, The boat was removed. Ms. Stingo came in this morning, and applied for the Business Tax Receipt. The house numbers are hidden behind trees, which Ms. Stingo indicated would be removed. The property was last inspected on August 18, 2015. Staff recommended a 15-day compliance date of September 3, 2015, or a fine of $200 a day thereafter. Ms. Stingo, the property owner, explained the numbers are posted. She did not know about the inspection, but advised she would schedule one. a CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. KING INVESTMENT SOLUTIONS INC. Respondent(s), CASE NO, 14 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on ALJ�1]St 19, 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 July-16, 2014 on the Property located at 121 SE 30' Ave., Boynton Beach, Florida, with the legal description of: SKY RANCH ESTATES LT 18 BLK 3, according to the plat thereof as recorded in Plat Book 26, Page 94, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-04-16-003-01 is REDUCED TO $1,634.12. The City shall prepare a release and satisi'action 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 actioii, 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. I DQNE�ND ORDERED after hearing at City /ink-1w , - "01 S J/ of Boynton Beach, Palm Beach County, Florida this / day of v. Carol D. Ellis CODE COMPLIANCE MAGISTRATE copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent S' E P J— 0 s , 15 UTY CLERK'S OFFICE