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15-1470 (2)he Groot Boonton. -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 25, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #15-1470 In accordance with City Ordinance, Chapter 2, Article V, Sec. 2-90, the enclosed "Lien Modification Order" is hereby forwarded to you for review. As required this Ordinance, 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. ❑ 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_. CTl'y OF BOr'2:TO-1q EEA CH petitionw, V6. rlfcr MTVESTRMM T LLC Respondent(s). CASE NO. 15-1470 TB18 CAUSE came before to City of Boynton Bauch Code Compliance; Magsstraite an Cha' Respiniderat'9 application for lien mduotion on MEXIL.ZM& pint to Chapter Two, Arldcle Five of the City Code of Oriinrm,.es. Mar is having considered the application, Ell th. fi:cts rergaiadin the specific code car codes the supealmgparty was in violation of the date of the original lay Sistmte hearing, (ne &-to the affidavit of compliance vma issued, the cuffent hen ammmt Wmi all p information re'lattine, to tbo specific cam cud, being, a6=-ise duty adviaod in.'tls. prvnis--iP_ it is hex -®upon,, ORDERED A&M ADJUDGED tiwt: 1. Thur Maagistmto has suttjecl matter jurisdiotien ofthis cause and.imisdiction over the Respond - 2, Tht Pespondent has =t all the lien redaction procedures established by the City Cade of Ordinances. 3. Th:° lien imposed by the Magistrate, an S 6.29, S on the Propmty located at 280 NE 16111 CT., Boynton Beach, Flaride., with tate legal description o:E LOT 5, BLOCK 35, OF ROL.LJNG GRREN RIDGE FIRST ADDITION, according to the plat thereof as recorded in Mat Book 24, Pie 223, of the+ Public Records of I}alm Beach Cmwty, Florida, PCN- (18 3- S-FcS tl1-CJs"3-f��50 is IRErYLLrEFI M �fi3,Q;& 4. Tire, City shall prepare. a release and satisfaction consistent xagth this Order. 5. 711e release and satishodon shall be recorded in the public records of Palm Bes.ch County at the Rcsgondent't 6. 'ThiB Order is not final Cantil the time period for EPPead under the Code has clamed and if appealed is properly disposed by the City CommissictL 7. In the event that the property over docs not comply with the Magistrate's orier, as approved or modified by the City Commission., within ninety (901 days of Commiraion's eton, the Lion R,edu a. Ordw &harll be of no further foo or ei% t, and the original lien shall ren)zin on thW property. No eFtcasions of the ninety (90) day period ehabll be permitted, sssd no fi?*ther- action by the Cade Compliance Magistrate or the City Commission shall be permitted regarding lien redu ctiom aiIDONE AND ORDERED afieT alts ming at City of Bo3mton Belch, Palm Beach County, Florida this LO it day of ! r. ATTEST: f _YCrr ia�, ccxpies fraraishMd: Honorable Mayor and the City Commission City Amy City Clerk Respondemt Carol D. Ellin CODE COMPLLANCE MAGIST ,ATE FILED JUL 25 20% CITY CLERK'S OFFICE Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida May 18, 2016 Case No. 15-1470 Property Address: Violation(s): MCJ Investment LLC 280 NE 16 Court CO CH10 SECT 10-56 (B) CO CH10 SECT 10-56 (D) CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-59 (D) Install four -inch address numbers on building. Remove outside storage. Remove trash and debris. Replace all missing and broken windows, permits required. Remove tarp and repair or replace roof, permits required. Repair or remove chain link fence. Replace all missing tom soffit screens. Replace and paint all damaged fascia. Cap all open electric. Officer Hart presented the case. Violation date was June 18, 2015. Magistrate hearing and date was September 16, 2015, and Emmanuel Memnon appeared. The compliance date on the first order was September 21, 2015, or $250 for house numbers. Complied, no fine. The second order was October 16, 2015, or $250 a day. The second order complied on April 12, 2016. There were 178 days of non-compliance for the second order at $250 a day for a total of $44,500. There were 3 inspections for a total administrative cost of $538.09. The City was first requested to begin the lien reduction process on January 13, 2016. An inspection was conducted on February 23, 2016, with several violations noted, including the need for a permit for the fence. The second inspection was done on April 12, 2016, and the Code violations were corrected. There were outstanding water bills in excess of $700, which have been paid. In addition, the 2015 property taxes were owed, but were paid on May 18, 2016. At this time, all issues have been resolved. Emmanuel Memnom, owner of MCJ, explained they fixed the fence right away, but people kept breaking it down. Every time he fixed something, it would be broken. He spoke of the difficulties getting the inspection set up, and then the violations discovered at that time. After he fixed those violations, he found out he needed the permit, and the survey took time. His intention was to comply, but there were obstacles along the way. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500 plus administrative fees of $538.09. 11