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14-1530s 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: May 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-1530 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. a 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_. v Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 was an outstanding water bill. Those items were then addressed and they were eligible for lien reduction. David Ryan, Real Estate Broker, requested only imposing the administrative fees. The Respondent was going through a divorce and turned his properties over to his property manager who did not pay any of the bills for two years When they were made aware of the issues, they addressed them. The property was currently under contract. Decision Ms. Ellis reduced the lien to $2,000 plus administrative costs, for a total of $2,634.12. Case No. 14-123 Raffaela Liuzzo Mazzocchi 201 NE 27th Avenue Ms. Springer presented the case. The Notice of Violation was sent January 28, 2014. An alarm decal was needed. The case was heard March 19, 2014. The compliance date and fine was March 29, 2014, or a fine of $150 a day would be imposed thereafter. The violations were corrected on May 22, 2014, accruing a total fine of $7,950. Mr. Ryan explained it was the same property. Decision Ms. Ellis reduced the lien to $1,346.03, including the administrative fees. Case No. 14-1530 Fetlar LLC 207 SW 1st Avenue Ms. Springer explained there were two liens on the same property and she presented the case. The Notice of Violation was sent June 25, 2014, regarding permits for the air conditioner and the garage door. The case was heard on August 20, 2014, and Ms. Boggs appeared. The compliance date and fine was set for August 25, 2014, or a fine of $50 a day thereafter. The violations were corrected on January 26, 2015, accruing a lien of $76,500. Ms. Boggs contacted Ms. Springer in February for a lien reduction inspection and it was learned there was an outstanding water bill and rotten wood, mold, repair gutter down spout, sod bare areas in the front yard and repair or replace screens over the exterior attic opening. When the property was re -inspected, all was repaired. ' Leia Boggs, Fetlar LLC, explained the situation arose from the first contractor they hired. They hired a second contractor and it took longer to get the job done than they had anticipated. 4 Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 Decision Based on the testimony and evidence presented, Ms. Ellis reduced the lien from $76,500 to $10,000 plus administrative costs of $634.12. Case No. 14-1544 Fetiar LLC 207 SW 15t Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 30, 2014, to obtain a Business Tax Receipt. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on January 29, 2015, accruing a fine of $78,000. Ms. Boggs had no comment. Decision Given the testimony, Ms. Ellis reduced the lien from $78,000 to $10,000 plus administrative costs of $634.12. Case No. 11-2045 Georges Joseph 7205 Chesapeake Circle Ms. Springer announced Case No. 11-2045 would be tabled to the next month's meeting. Case No. 15-283 Marie Dor Property Address: 915 ,SW 3`d Street Violation(s): CO CH15 SEC 15-120(D) INC Remove all outside storage from carport. Repair or remove fence. Courtney Cain, Code .Compliance Officer, presented the case as contained in the Notice of Violation. The Respondent was not a repeat violator. Staff recommended a 15 -day compliance deadline of April 30, 2015, or a fine of $100 a day would be imposed thereafter, Decision Seeing no one in the audience to respond, Ms. Ellis ordered the staff recommendation. Case No. 15.457 Property Address: Violation(s): 6 Boynton Business Park LLC 1300 W Industrial Ave. 104 BBA FBC 2010 ED 105.1 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 14-1530 FETLAR LLC Respondent(s). LIEN MODIFICATION ORDER TI -IIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on April 15, 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 August 20, 2014 on the Property located at 207 SW I` Ave.. Boynton Beach, Florida, with the legal description of; BOYNTON HEIGHTS ADD REV PL LTS 28 THRU 30 BLK I 1 & S %z OF 18.2 FT ABND ALLEY LYG N OF & ADJ TO, according to the plat thereof as recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-10-011-0280 is REDUCED TO $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 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this211day of • 7Y l� Carol D. Ellis CODE COMPLIANCE MAGISTRATE copies famished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent R L E D MAY 0 5 2095 1 CITY CLERK'S OFFICE