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09-2936 - Tangiers Development LLCThe Ci o Bo nton Beach Police Department A CFA Accredited Law Eg forcernent Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Phone: (561) 742 -6I00 Fax: (561) 742 -6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (561) 742 -6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: September 7, 2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09 -2936 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. ❑ 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 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Case No. 09 -2936 Tangiers Development LLC 133 NW 10 "' Street Officer Roy reviewed the case. The notice of violation was September 11, 2009 for non- payment of annual fire inspection fees. The hearing was held on October 21, 2009 and no one appeared. The compliance date established was October 31, 2009, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 149 days of non - compliance for a total of $14,900. Jason Block, 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank. indicated this was the same situation as the previous named property. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 21, 2009 to an amount of $596.03 including administrative costs. The motion was seconded by Vice Chair Yerzy and unanimously passed. Case No. 10 -3302 Jude St. Felix & Jacqueline Telamour Property Address: 727 W. Ocean Avenue Violation(s): CO CH15 SEC. 15 -1120 (D) Inc. Cease and Desist the storage of unregistered inoperable vehicles on the property and the adjacent vacant lot Officer Lewis presented the case as contained in the notice of violation. The Respondent was present. Certified mail was proof of service on July 23, 2011. Staff recommended 10 days to August 27, 2011. Officer Lewis went by the property and the vehicles were all currently registered. This had been an on -going problem and the property had been cited many times. The owners simply move the vehicles to an overflow lot. They were in compliance this date, and Officer Lewis requested a Cease and Desist as long as the owners stay in compliance. Jacqueline Telamour, 727 W. Ocean Avenue, pled not guilty. She advised that sometimes people visit and the cars are parked across the street, but only stay for an hour or two and then the cars leave. She advised all the vehicles are registered. Officer Lewis stated the tags were not on the vehicles. It has been a problem for quite some time with the same owners. He advised there are different cars there all the time. The owner's cars have current tags on them, but there are other cars there without tags. In one day there could be six to eight cars at one time, four or five are without tags. 11 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09 -2936 TANGIERS DEVELOPMENT LLC Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on August 17, 2011, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board 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 board 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 Board 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 Board on October 21, 2009 on the Property located at 133 NE 10` Ave., Boynton Beach, Florida, with the legal description of: FRANK WEBER ADD LTS 20 & 21 BLK 1, according to the plat thereof as recorded in Plat Book 9, Page 3, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -21 -25 -001 -0200 is REDUCED TO $596.03. 1 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 Code Compliance Board 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 Board 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 , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD C Y CLERK FILED AUG 2 4 24il copies furnished: CITY CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Clerk Respondent 2