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15-550 r' The' 17i/v..Ti Bovra.:(9)..n. Police Departm,ent "A CFA Accredited Late Enforcement Agency' ,k` 100 E. Boynton Beach Boulevard !),„ Boynton Reach, Florida 33425-0310 Phone: (561) 742-6100 . 3 1 (.Vj 4., .1, Jeffrey Katz •• 3i>„, Chief of Police " Code Compliance Division • Phone: (561) 742-6220 FAX: (561) 742-6838 LIEN REDUCTION TRANSIiiiITTI.. MEIODUM Date: April 18, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #15-550 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 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 on the next available City Commission Agenda for review. Signed on this date, the, day of , 20_ (1:11.3ethil Minutes re,:ngiv2r:12.1) Hear] yntrin Beac,sh, Florida March 16, 201e Officer Pierre presented photos. He reminded the Magistrate that when this case came before the Court previously, there were neighbors who testified. It is a problem property. Mr. Gi llot said it is now vacant. Ms. EIIis commented that she must take into account the neighbors' testimony regarding this property. Mr. Gi ilot said he has been taking care of the property for free and made the repairs. Decision Based on the history of the case and the testimony from this day and the last month, Ms, EIIis certified the fine. D. Lien Reductions — New Case No. 15-560 Eileresse Pllurray Property Address: 351 NE 27 Court 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 March 12, 2015. The Code hearing vvas on May 20, 2015, and no one appeared. Compliance date and fine set was June 4, 2015, or $150 a day. Case came into compliance on November 6, 2015; there were 154 days of non-compliance at $150 a day for a total lien of $23,100 plus administrative fees of $634.12. Ms. Springer was first contacted by Ms. Murray in November. They found that the front yard had to be cited, needed to remove bars from bathroom windows, remove dead tree in rear yard, mow overgrown rear yard, de-weed along the fence and repair the soffit on the west side of the home. The house was placarded at that time for "unsafe and unsanitary"; tenant had no water or electricity, and the tenant was told he had to leave. He immediately paid the water bill, but FM. pulled the meter. Ms. Murray hired an electrical contractor to reinstall the meter and get electric service restored to the house; she evicted the tenant and paid the outstanding water bill. Ellereese Murray, property owner, said she spoke many times with Officer Weixler about the property. She spoke about the confusion in communications. Ms. Springer stated that the building inspector went out to do the water heater inspection, and Ms. Murray thought that was the inspection for the Business Tax Receipt. Deeision 13 V:fizng liflinutes Cock; 4eciel i',,rjecjk Hoari BOt-If3h, Fin Fie? PAO r h '3, a 1 Based on' the testimony, Ms. Ellis reduced the lien to the administrative costs of $634.12. Caae No..15-889 TA Enterprise.=, LLC Property Address: 3220 E Atlantic Drive Violation(s): CO CH13 SECT 1316 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 $634.12. 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 Joseph, property manage', 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 #110, 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. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $634.12. Cat. No. 15-1185 RHA 2 LLC Property Address: 855 W Ocean Avenue Violation*: CO CH13 SECT 13-16 CO CH15 SECT 15-120 (D) INC 14 • CITY OF BOYNTON BEACH, FLO ;DA CITY OF BOYNTON BEACH Petitioner, 1/3. CASE NO. 15-550 ELLAREESE MURRAY 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 March 16, 2016, 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 M; eistrate 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 Mav 20, 201 on the Property located at j35 1 NE 27 Ct., Boynton Beach, Florida, with the 1e1 description of LOT 17, BLOCK 16, ROLLING GREEN RIDGE FIRST ADDMON, according to the plat thereof as recorded in Plat Book 24, Page 223 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-16-01-016-0170 is REDUCED TO $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. DOI1E AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of ,7Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: 1 . 1 eery, / • eee,e,v— ,e „. . ,CITY 1 -44 fr3 re, r , n \ ‘ "/ copies furnished: odx Honorable Mayor and the City Commission City Attorney `N 2r AR 07 20i'; City Clerk Respondent CITY CLERK'S OFFICE 1.