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15-1185 Trori..ch Police Department • yf 'A CFA Accreclitad Law Enforcement Agerzcy t Aso 100 E. Boynton Beach Boulevard 1.41 .\\ 5 : • Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 - Jeffrey Katz - - bfrrl' Chief of Police 4te A -11,W Code Compliance Division PliDne: (561) 742-6120 FAX (561) 742-6838 LIEN REDUCTION T -NSMITT,A L NDUM Date: April 18, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #15-1985 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: o 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) o 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, o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". , hereby request the City Manager's Office to place the above referenced case an the next available City Commission Agenda for review. Signed on this date, the day of , 20_. Vtfle.,AElg Iijutes Cc& 3pNaisl VJIscflartNe Homings E:Dvt3k.c. ESc Fork In L'alb Based on the testimony, Ms. Ellis reduced the lien to the administrative costs of $634.12. Case Eic.'15-8C9 TDA Enterprizes LLC Property Address: 3220 E Atlantic Drive Violation(s): CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on April 15, 2015. The Code hearing was on June 17, 2015, and no one appeared. Compliance date and fine set was July 2, 2015, or $200 a day. Case came into compliance on March 8, 2016; there were 249 days of non-compliance at $200 a day for a total lien of $49,800 plus administrative fees of $534.12. Ms. Springer said she was contacted on January 25, 2016, and the property was inspected on February 3, 2016, for the Business Tax Receipt and lien reduction. Repairs needed were: trim the Florida holly, repair the fence in the front and rear of the property, repair screen on rear porch, remove rock piles from the rear yard, repair or remove the light in the front, and pay water bills in excess of $600. When re-inspected on February 19, 2016, they found a newly installed water heater that was not permitted, house numbers that had to be placed on the house, and the water bill was unpaid. Property came into compliance on March 8, 2016 for the Business Tax Receipt and the lien reduction. Josh Jeseph, property rnenaaer, said he applied for the Business Tax Receipt on July 31, 2015. He called for inspection, but was not able to settle on a date. A person . unknown to him signed the paperwork pertaining to the lien. Their Suite number is 0110, and he said he was sure the letter was not delivered there. He heard of the violation from the title company. He described the bad conditions that existed there on December 31, 2015, following a robbery. He has a copy of the police report. As soon as he found out about the lien, he fixed the violations. He took care of the water heater and then found out about the house numbers. Eirdcloi 0 n Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $634.12. Caae N9. 15-1165 rtHA 2 LLC Property Address: 655 W Ocean Avenue Violation(s): CO CH13 SECT 13-16 CO CH15 SECT 15-120 (D) INC 14 lesting Minutes Code 5' p lifiAletrate Hearings Soynton Beach, Floride March 10, 2016 Apply for and pass inspection for Business Tax Receipt for rental property. Sod bare areas of lawn, Ms. Springer presented the case. Notice of violation was sent on May 7, 2015. The Code hearing was on July 15, 2015, and Christina Colone, property manager, appeared. Compliance date and fine set was July 25, 2015, or $200 a day. Case came into compliance on February 25, 2016; there were 214 days of non-compliance at $200 a day for a total lien of $42,800 plus administrative fees of $634.12. Ms. Springer said she was contacted in January of 2016 to confirm compliance and iien reduction; inspection was done, and it was noted sod was needed in the front yard. Property was not vacant, so the Business Tax Receipt was necessary, and they also needed an interior inspection done. The inspection failed: there were missing screens on the windows and the sliding door, and the electrical panel needed to be labeled. The Business Tax Receipt was issued and it came for lien reduction on February 25, 2016. Tracy Lautenschlager, attorney with Greenberg Trauri te representing thz proyerty owner, said this property was involved in a fraud case resulting in convictions. She presented a press release regarding the case. The owner had no control over the properties for some time due to an Imposter company. The U.S. Attorney's office instructed the owner to take no action against the fraudulent tenant for a period of time; eventually he was evicted, and Ms. Lautenschlager presented the eviction papers. The renovations were then completed; she believed they were done in January, and the workers may have been mistaken for tenants. She presented current photos, evidence of the value of the work performed, and a complete rental inspection including interior pictures. Decision Based on the testimony and the evidence presented, Ms. Ellis reduced the Hen to $1,000 plus administrative costs of $634.12. Case Mo. 14-1984 IH2 Property Florida LP Property Address: 3205 Chapel Hill Boulevard Violation(s); CO CH13 SECT 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on August 20, 2014. The Code hearing was on October 15, 2014, and no one appeared. Compliance date and fine set was October 25, 2014, or $500 a day. Case came into compliance on March 15 I CITY OF BOYNTON 3:EAC1!, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs, CASE NO. 15-1185 RHA 2 LLC Respondent(s). . 1 , LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance M; tistrate on the Respondent's application for lien reduction on Mareh_14,3016, 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 M : :istrate on Jtgy 15, 201S on the Property located at 655 W. Ocean Ave., Boynton Beach, Florida, with the legal description of: THE EAST 10 FEET OF LOT 27 AND ALL OF LOT 28, BLOCK 5, LAKE BOYNTON ESTATES, PLAT 1, according to the plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-01-005-0271 is REDUCEPITS111„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 perrnitted, 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 this6A of 1 2016 A . . ,..—, ./ . Carol D. Ellis .. ..f37■:: CODE COMPLIANCE MAGISTRATE Al I EST: r 7; , 1 - - - • . , , A ' • - --- /"Pt / ••f,..„ / „. i . ,',1-•je."...- ( f 4y CLERK ; -- 7/ ...r;■. t 4,' .2 f., i ki — ...t„...' 'NI' i ' '':'. •Ly);;• '" l'Ff I.. !..,,,,, (1' ()pies furnished: Honorable Mayor and the City Commission iii'n 0 City Attorney City Clerk CITY CLERK'S OFFICE . Respondent 1