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09-1017 - 1420 Holdings, VL POLZL, r. Q? z Code Compliance Phone: (561) 742-6120 Fax. (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From: RE: November 26, 2013 City Commission Code Compliance Division Code Compliance Case 409-1017 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. 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. u 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 5 20_ America's Gateway to the GuVstream. liEETIrIG IhlrV1 CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Case No. 09-1017 1420 Holdings 1420 30 Avenue Ms. Springer presented the case. The notice of violation was April 9, 2009 for non- payment of annual fire inspection fee. The Code Compliance hearing was May 20, 2009 and no one appeared. The compliance date and fine set by the Board was May 30, 2009 or $100 a day. There was compliance on June 25, 2009 for 25 days of non- compliance at $100 a day for a total fine amount of $2,500 plus administrative costs of $634.12. Raymond Greaves, 137 N. Swinton Ave., Delray Beach asserted there was an issue with the main sprinkler system. Inspectors came and determined the issue was on the outside with an alarm or a lock which has to do with the flow, Mr. Greaves explained the company he used to do his inspection put a lock on, but the City inspectors said it had to be an alarm. After some discussion, the same lock that was on at the time passed inspection the second time. Mr. Cwynar clarified it is a tamper switch which are external in Florida. Ms. Springer commented this is for non-payment of the fee and has nothing to do with what violation may have occurred prior to the inspection. Based on 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, Ms. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $1.00. Ms. Carroll seconded the motion that failed 3-4. (Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting). Based on 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, Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $634,12 including administrative costs. Vice Chair Cole seconded the motion that passed 4-3. (Ms. Brenner, Ms. Yerzy, Chair Costantino and Vice Chair Cole dissenting). Mr. Cwynar asked if inspections were done separately or simultaneously and Ms. Springer replied each case is done individually. Inspectors do not necessarily go to the property. Inspections can include research in the office to contact the Fire Department to see if fees were paid and other administrative work. Mr. Cwynar questioned the $96 charge for each case. Ms. Springer replied the fee is for the time a clerk or code officer spends doing research to see if the fee was paid. 9 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CI'T'Y OF BOYNTON BEACH Petitioner, VS. CASE NO. 09 -1017 1420 HOLDINGS 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 October 23, 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: I . 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 May 20, 2009 on the Property located at 1420 SW 30 Aye, Boynton Beach, Florida, with the legal description of: LAWSON INDUSTRIAL PARK PL I LT 14, according to the plat thereof as recorded in Plat Book 42, Pages 134 and 135, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46- 05 -08- 000 -0040 is REDUCED TO_ 04._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 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 thi ay of 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent 203 i. #'