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13-1067 - Amazing Houses Inc0 1 z Vat 102 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 #13-1067 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", 1, , hereby request the City Manager's Office to place the above referenced case on the next available City Commission Agenda for review. gL!ned on this date, the day America's Gateway to the Gulfstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23,2013 Chair Costantino informed Mr. Tovar when a case is tabled, the time is still running. It is of the utmost importance to get the issue fixed as soon as possible and let the Code Department and re-inspect the property and stop the time. Mr. Tovar said at the time it was a window permit issue and that was why it was tabled. It was not until the second inspection that the driveway issue came up. Mr. Borrelli asked how much the house is worth, but Mr. Tovar had no idea. He reiterated the previous owner is still living in the property. Chair Costantino commented it has been a rental property since March or April 2013 and the owner has been collecting rent without a business tax receipt. Chair Costantino surmised if Mr. Tovar's employer purchased the property in 2011 and the person they bought it from stayed in the house, he was collecting rent from that person. Mr. Tovar commented he only worked for the company for one and a half years. Chair Costantiono asked if rent is being collected now and Mr. Tovar said $700 a month was collected now. Ms. Brenner asked Ms. Springer if the owner was fined for the BTR or if he came in and made the application. Ms. Springer related the owner was cited in March and made application in April. Motion 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 17, 2013, to the amount of $2,280.00 including administrative costs. Ms. Yerzy seconded the motion that passed 5-2. (Ms. Carroll and Mr. Cwynar dissented). Case No. 13-1067 Amazing Houses, Inc. 1480 Via De Pepi Ms. Springer presented the case. The notice of violation was May 17, 2013 to apply for and pass inspection for business tax receipt for rental property. The Code Compliance Board hearing was July 17, 2013 and no one appeared. Compliance date and fine set by the Board was July 27, 2013 or $150 a day, Compliance was October 17, 2013 for 81 days of non-compliance at $150 a day for a total fine amount of $12,150 plus administrative costs of $634.12. Ms. Springer was contacted by Mr. Brown, owner of 1480 Via De Pepi, last week and advised him his case did not comply because the property needed to be inspected as stated on the business tax receipt application. The property was inspected on October 17, 2013 and passed inspection. There were no outstanding water bills or taxes. Paul Seal, 12008 S. Shore Blvd., Wellington, explained the property is currently under contract. There was a tenant who received a notice in July about the non-compliance. Mr. Seal stated his client, Mr. Brown, contacted the Code Compliance Department and paid $82 for two years. The check was returned because the fee is not accepted for im MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 20 11 two years. Mr. Brown sent another check for $49 on July 7, 2013. Mr. Brown also sent the application form to the Business Tax Department. Mr. Brown contacted Officer Peter Roy but the appointment for the inspection was not made at that time. The application was not processed for two and one half months until recently when the search showed a lien on the property. It was at this time Mr. Brown found out his application still had not been processed. Mr. Seal advised he was present for the inspection last week and the property passed inspection. Mr. Seal is asking for a lien reduction on behalf of his client. Ms. Brenner inquired how long Amazing Homes, Inc. had owned the property and Mr. Seal replied since 2006. It has been a rental. The owners are investors who paid $360,000 for the property. Mr. Seal was not aware of anything that happened in the past. Vice Chair Cole asked how much the contract is for and Mr. Seal replied $195,000. W W-rl 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, Mr. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 17, 2013, and that the amount be released. Motion died for lack of a second motion. 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 17, 2013, to the amount of $1,849.12 which is approximately 10% and includes administrative costs. Vice Chair Cole seconded the motion that passed 4-3. (Mr. Borrelli, Ms. Carroll and Mr. Cwynar). V. Adjournment There being no further business to discuss, Vice Chair Cole moved to adjourn. Ms. Brenner seconded the motion that unanimously passed. The meeting was adjourned at 8:45 p.m. Grace Morales Records Coordinator 1030-13 12 hours W, CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 13-1067 AMAZING HOUSES INC. 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, 20 13, 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 July 17, 2013 on the Property located at 1480 Via De PqVi, Boynton Beach, Florida, with the legal description of: RENAISSANCE COMMONS PUD LT 75, according to the plat thereof as recorded in Plat Book 102, Pages 57 through 62, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-20-27-000-0750 is REDUCED TO $1,849.12. The City shall prepare a release and satisfaction consistent with this Order. 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 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. AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 29day of - n Pr ..—, Michele Costantino, Chairperson CODE COMPLIANCE BOARD NOV 13 20 copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent