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09-3309 - Mark McLeon - 40 Desford LanePolice Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax., (561) 742-6383 1414Z I N =I 41[" d NN N I %+l I►I'' IWiTAll 4 k I LOW—Alk, III I I JA Date: October 28, 2013 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-3309 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: u 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) u Said review must occur within thirty (30) days of the request for review. u 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". 1, , hereby request the City Managers 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 Michele Costantino, Chair Gary Cole, First Vice Chair Alan Borrelli Kathleen Carroll RoseMarje Yerzy ABSENT: Carol Brenner I. Call to Order z 104 pill" I Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator Chair Costantino called the meeting to order at 6:30 p.m. A quorum was present. H. Approval of Agenda Motion Vice Chair Cole moved to approve the agenda, Ms. Yerzy seconded the motion that unanimously passed. 111. Swearing in of Witnesses Attorney Bridgeman explained the procedures and administered an oath to all those intending to testify. Ms. Springer distributed a letter to the Respondents detailing the procedures and appeal to the City Commission. She explained it could take up to a month and a half before the matter is final. When needed, she could issue a letter detailing the Board's decision, pending City Commission review, if requested. IV. New Business Case No. 09-3309 Mark McLeod 40 Desford Lane Ms. Springer presented the case. The notice of violation was October 14, 2009, regarding a Business Tax Receipt. The case was heard on November 18, 2009, and no one appeared. The date and fine set by the Board was December 18, 2009, or a fine of $100 per day would be imposed thereafter. The violations were corrected on August 5, 2013, having 1,325 days of non-compliance. MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION SEPTEMBER 25, 2013 SEPTEMBER 25, 2013 The property was purchased on June 20, 2013. Nis. Springer was first contacted on June 21, 2013, to obtain information for lien reduction. The inspection revealed the house numbers needed to be replaced and there were outstanding water bills. The home was occupied at the time of purchase and the owner had to remove the tenants, which was why it took two months from the date of purchase to the date of compliance. The property was purchased for the owner's father. Staff confirmed the property was vacant on August 5, 2013. Nilesh Lakhlani, 11866 SW 44th Street, Davie, was the owner. He commented the fines are from the owner and he sought relief. The violations were corrected and the property was inspected'. Chair Costantino inquired if he was aware the violations run with the property, not the owner. Mr. Lakhlani advised he first learned of the liens when he purchased the property from the bank. There were several expenses. The water bill was $315 which was not paid by the former tenant. There was an expense to remove the tenant and the cost of the repairs to the unit, which was severely damaged by the tenant and former owner. There were HOA liens of $12,600 which he was addressing. The FP&L bill was $515 and additional repairs were about $2,500. He had a copy of the receipts. Mr. Lakhlani understood from the Ordinance, the violation was in reference to the property owner not filing for a permit to rent. If that was correct, the violation did not pose a serious or imminent threat to the safety of others. Chair Costantino commented when an individual intends to rent property, a property inspection needs to be done for the safety and health of the tenant. Mr. Lakhlani understood the necessary paperwork should be filed. He pointed out he was not being disrespectful to it, but at this point, it was not an imminent danger. Vice Chair Cole inquired if the repairs would be made to rent to a tenant. Mr. Lakhlani responded his 71 -year old father would be moving into the property. 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 Cade of Ordinances, Vice Chair Cole moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to an amount of $3,634.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. 2 CITY OF BOYNTON BEACH Petitioner, vs, MARK MC LEOD Respondent(s). CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 09-3309 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on September 25, 2013, 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 November 18, 2009 on the Property located at 40 Desford Ln., Boynton Beach, Florida, with the legal description of: BOYNTON LAKES PL 5 LT 2 BLK 9, according to the plat thereof as recorded in Plat Book 52, Page 105, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-08-09-009-0020 is REDUCED TO $3,634.12. 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, T 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 firther 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. IDOPE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida tbia-0AY of P J) ,2013. A3 Miche "eCostantinol, &Chairperson -ICE CODE COMPLIANCE BOARD ATTEST: C7 5ftY CLERK – &<10d4 copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent