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12-2425 Frederic & Michele MancePolice Department `A CFA Accredited Lau) Enforcement Agency" 100 E. Boynton Beach Bouleuard 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: November 13, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-2425 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: zi 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) j Said review must occur within thirty (30) days of the request for review. u 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. Lj 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/Lien Reduction Magistrate Hearings Boynton Beach, Florida October 21, 2015 collect all the grease. and she will receive a she may issue a fine. Ms. Ellis advised Mr. Liu would have to come back next month, report or letter from the City and offer an opinion, Based on that, Frederic & Michele Mance 9 Bentwater Circle Ms. Springer presented the case. The Notice of Violation was sent on December 19, 2012, regarding a permit needed for remodeling including replacing doors, windows and structural changes in the rear of the building. The case was heard February 20, 2013, and Frederic and Michele Mance appeared. The compliance date set was May 21, 2015, or a fine of $100 a day thereafter. The violations were corrected on December 5, 2013, accruing a fine of $19,700 and administrative costs of $922,21. This case came from the Building Department on December 6, 2012. The owner was issued a stop work order. Ms. Springer was contacted March 20, 2014 for a lien reduction inspection, but trees needed to be trimmed, there was trash and debris, they had to sod bare areas, address outside storage and paint the house. She was contacted again in August 2015 and they needed to install four -inch house numbers on the home. There were torn window screens, outside storage and horticultural debris. They were eligible on August 25, 2015, for the lien reduction. Frederic Mance, the Respondent, commented he obtained the property through a short sale. The property was in disrepair and they were making repairs and did not know he needed a permit for the windows. They stopped work, got the permit and came to inspect and they noticed the den which used to be a porch. When they purchased the property, the den was already existing, but the Building Inspector said they put the den up. Staff tied it all together and would not issue the permit until the den was completed. It was a pre-existing condition. They purchased the property on March 12, 2015 only to have the den ripped out and rebuilt. He had to sell his truck to pay for the repairs. Due to the lien reduction hearing, they had to make the repairs faster than they could afford. They purchased the property for $135,000. Ms. Springer explained they appeared at every meeting except the last one. It was a very long process. They obtained the permit and the Building Department advised the had addressed the issues so they did not appear at the last hearing when the fine was certified. Based on the testimony, Ms. Ellis reduced the lien to administrative costs of $922.21. N1 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. FREDERIC MANCE & MICHELE MANCE Respondent(s). CASE NO, 12-2425 LIEN MODIFICATION ORDER THIS CAUSE came before the City of' Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on October 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 other-xise duly 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, 1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on February 20, 2013 on the Property located at 9 Bentwater Cir., Boynton Beach, Florida, with the legal description of: BOYNTON LAKES PL 6-1 LT 9, according to the plat thereof as recorded in Plat Book 63 Page 1577 of the Public Records of Palm Beach County, Florida, IICN: 08-43-45-08-13-000-0090 is.REDUCED TO 5922.21. The City shall prepare a release and satisfaction consistent with this Order, The release and satisfaction shall be recorded in the public records ofPali-n Beach County at the Respondent's expense. 6, This Order is not final until the tu-ne period Tor appeal tinder the Code has elapsed and if appealed is properly disposed by the City Commission, 7. ]n 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this �day of 61)6- ,2015, ATTEST: (?TY �ERCK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent N() V 131, 2 0 li 5 CITY CLER6 OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE