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14-1382G The City ofBounton Beach Police Department "A CFA Accredited Law 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: July 14, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-1382 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. 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. ❑ The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". I, , 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 Compliance Hearings Boynton Beach, Florida June 17, 2015 tabled. A compliance date of May 7, 2015, and fine of $300 a day thereafter was imposed. The property was last inspected on June 16, 2015, and the violations still exist having 101 days of non-compliance. Except for the hurricane shutters remaining in a down position, which was a fire safety hazard, all the other violations were corrected. Officer Shickles was told by the Respondent the shutters could be raised to the up position within the hour. Marie Thomas, the property owner and her son Gasper, were present, and Gaspar explained when he last appeared it was emphasized there be better communication. He contended if he calls for an inspection and he missed an item, Code should advise what needed to be done. He explained he was unaware they had to remove the shutters. The awnings in the photographs were part of the home and it was a matter of telling his mother all was clear except for the awnings. He did not see any reason to spend half a day at the hearing, when the Officer could have indicated they had to raise the shutter. Ms. Ellis explained the Notice contained information about the hurricane shutters. Decision Ms. Ellis ordered the shutters/awning be raised by 5 p.m. If not, the fine is certified. Case No. 14-1382 Federal National Mortgage Assoc. 232 SW 4t" Avenue Ms. Springer presented the case which pertained to installing sod in the yard and swale area and applying for a Business Tax Receipt for a rental property. The case was heard on November 19, 2014, and no one appeared. The compliance date and fine was to correct the violations by December 4, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on May 12, 2015, having 158 days of non-compliance and a total fine of $7,900 plus $730.15 in administrative fees. Ms. Springer was contacted in June for a lien reduction inspection. Nautica Realty was handling the property and had addressed the violations prior to the inspection. The property passed the lien reduction inspection immediately. Angie Niebel, Nautica Realty, authorized representative for Fannie Mae, agreed with the presentation made by Ms. Springer. Decision Based on the testimony, Ms. Ellis reduced the lien to $500 plus administrative costs of $730.15. Case No. 14-2335 Property Address: Violation(s): 23 Simone Snyder 103 SE 5t" Avenue CO CHI SEC 15-120(D) INC CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 14-1382 FEDERAL NATIONAL MORTGAGE ASSOCIATION Respondent(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 June 17, 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 November 19, 2014 on the Property located at 232 SW 4"' Ave., Boynton Beach, Florida, with the legal description of: MANGO HEIGHT LT 13, according to the plat thereof as recorded in Plat Book 30, Page 55, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-39-000-0130 is REDUCED TO 51,230.15, 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. G. 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this �� day of , 2015. lopi Y CLERK—a. ,,,,%�� es furnished: jj Honorable Mayor and the City City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE FELEED JUL 13 2015 CITY CLERK'S OFFICE