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06-1366W1111 111 WWt �' I Police Department A GFA Accredited Lav 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: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #06-1366 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. 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. ❑ The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". I, 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 Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 mentioned. They also paid the City twice for grass mowing. They are seeking a reduction or dismissal of the fine. Ms. Ellis stated that when purchasing a property at auction, the buyer takes it subject to whatever is there on title. Mr. Troskey said that City staff confirmed the two rriowings, but said the balance was under $1,000. He said he purchased the property for approximately $150,000, and the market value is in the range of $185,000 to. $225,000. Decision Based on the testimony, Ms. Ellis reduced the $21,150 lien to $2,000 plus administrative costs of $538.09. Mr. Troskey asked if they could reduce it further, and he was advised they could appeal to the City Commission, but that is a long process and the Commission typically agrees with the Magistrate's decision. Ms. Springer explained how the Magistrate arrives at the reduction. Case No. 06-1366 Liliang Yang & Xiu Juan Dong Property Address: 240 N Congress Avenue Violation(s): CO CH 15 ART 9-15-120 (D) 1 INC Part 3 of the LDR, CH7.5 to SECT 5 (B) CH21 ART 1 SECT 13 Return landscaping to what appears on the original site plan. Repair sprinkler system. Replace bushes, trees, hedges, and grass and repair the sign. Permit required. Ms.Springer presented the case. Notice of violation was sent on June 1, 2006. It came before the Code Board on August 16, 2006, and no one appeared. Compliance date and fine set was September 15, 2006 or $50 a day. Case came into compliance on November 2, 2015, with 3,334 days of non-compliance at $50 a day for a total fine of $166,700 plus administrative costs of $922.21. There was nothing needed to be done for lien reduction. Water bills and taxes are paid, and the property was in compliance. Ms. Ellis reviewed the facts of the case. Jesse, family member of the owner of the property, said he represented the family since they do not speak English. He said they purchased the property in 2006, and received a violation because of damaged landscaping. He said the violations were not known to them, but to the neighbor. They did the work together. When they finished, they called the City, and thought they were done. When they went to refinance the property to get a lower interest rate, they became aware of the lien. Jesse said he still 19 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 had receipts from the 2006 landscaping. Ms. Ellis asked what the value of the property was, and he thought it was approximately $800,000. Ms. Springer stated that all the certified mail that was sent to them was signed and returned, and it probably came through the City Forester. He was the one who went to the property when they brought it into compliance. She showed photos of the complied landscape. Jesse said the photo accurately reflected their property, noting they recently made more improvements. Ms. Ellis asked if they had ever had any other violations in the City regarding the property and'was informed they had been before the Court the previous month for the irreparable damage case, when it was found there was no irreparable damage. Decision Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs of $922.21. Case No. 96-4897 George W. & Angela M. Healey Property Address: 428 NE 20th Avenue Violation(s): CO CH15 ART 9-15-124.1 (A) and (D) Install grass seed or sod in yard and swale areas. Remove trash and debris. Ms. Springer presented the case. Notice of violation date was September 6, 1996. It came to the Code Hearing on June 18, 1997, and no one appeared. Compliance date and fine set was July 14, 1997 or $25 a day. Case came into compliance on September 3, 2009, with 4,433 days of non-compliance at $25 a day for a total fine of $110,825 plus administrative costs of $1,018.24. The property was inspected and was satisfactory for lien reduction; there were no outstanding bills. Ms. Springer said there are five violations on the property; the others are under the name of Connie M. Carrier. Ms. Springer stated that the people here today for this case are not the original owners (not the. Healeys). The City was first contacted in 2009, when Jerome Carrier quit- claimed the property over from his mother in order to bring it into. compliance. It took almost a year to clean up, and both she and Mr. Carrier have photos. Unbeknownst to the Carriers, when they quit -claimed the property, they got the liens. Ms. Springer showed the "before" photos to Ms. Ellis. Jennifer Carrier stated that Connie Carrier is her mother-in-law, and her husband (Jerome's) grandparents were the Healeys, who never lived in the home but allowed Connie Carrier to live in the home for years. Connie Carrier was not in compliance with the City of Boynton Beach and also did not believe in paying taxes. Connie Carrier was 20 CiTY OF BOYNTON BEACH Petitioner, VS. LILIANG YANG & XIU JUAN DONG Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO, 06-1366 LIEN (MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on file Respondent's application fbr lien reduction on December 16,'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 inlonnation relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Magistrate has subiect 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 16, 2006 on the Property located at 240 N. Congress Ave. Boynton Beach, Florida, with the legal description of: 29-45-43 PB7P20 S 140 FT OF N 962.05 FT OF W 285 FT OF NW '/ (LESS W 60 FT RD R/W) A/K/A THTT OF TR, according to the plat thereof as recorded in Plat Book 2, Page 217 through 220, of die Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-02-000-0043 is REDUCED TO $5,922,21. 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 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, 9-J DOA O E AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this &_ day of LOIS. ATTEST: C TY CLERK— copies LERK-copies furnished: Honorable Mayor and the City City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE Com A1Sign F,r- INN2016 uf" CLERK'S Ur`rlCE