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13-362 Raffaela Liuzzo MazzocchiD_ I Ulice Department "A CFA Accredited Law Enforcement Agency 100 S. 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: 1561) 742-6838 Date: May 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-362 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: zi 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, Lj 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. Signed on this date, the day of , 20_ Meeting Minutes Special Magistrate Hearings Boynton Beach, Florida April 15, 2015 appeared. The compliance date and fine was to comply by September 27, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on March 14, 2015, having 157 of non-compliance for a fine of $7,850. Ms. Springer was contacted at the end of February for a lien reduction because the lien was discovered. There were tenants in the property without the Business Tax Receipt, The property passed the Business Tax Receipt inspection for the interior, but there were exterior violations that needed to be addressed, including repair of the outside electrical plug on the front of the house, repair light fixtures, gutters, paint the building, repair the rear porch screen, sod the yard and swale, remove trash and debris and obtain a permit for newly installed windows. It was re -inspected on March 19, 2015, and was eligible for lien reduction. Fabiola Angela Danois, 2657 SE 2"a Street, was present on behalf of her parents who own the property. She requested a complete removal of the lien. They spent over $4,000, plus other lesser expenses from Home Depot for the repairs. She commented $4,000 was a lot of money. She apologized for the inconvenience and would make efforts to continue to comply. Ms. Danois explained they use the home for a rental property. Ms. Springer was unsure of any prior violations. Ms. Danois explained her father goes to the property all the time and the tenants put items outside which they told to remove. They are strict. Ms. Ellis inquired why no one appeared at the initial hearing. Ms. Danois was unsure about miscommunication, but it was noted her dad signed the green card. Based on the testimony of the Respondent and the City, Ms. Ellis reduced the lien from $7,850, to $1,000, plus the administrative costs for a total of $1,634.12. Case No, 13-362 Raffaela Liuzzo Mazzocchi 201 NE 271h Avenue Ms. Springer explained there were two cases for the same property for two different violations. The Notice of Violation was sent March 8, 2013, to apply for and pass inspection for a Business Tax Receipt for a rental property. The case was heard April 17, 2013, and no one appeared. The compliance date was April 17, 2013, or a fine of $50 a day would be imposed thereafter. The violations were corrected on November 24, 2014, having a total fine of $28,750, plus administrative costs of $634.12, Ms. Springer was contacted in November 2014, and the property was vacant so no Business Tax Receipt was needed, The Respondents did need to sod, trim hedges and pay outstanding property taxes. She was contacted in January, and a re -inspection revealed they had to weed the flower beds, sod, replace window screens remove outside storage and repair the soffit and electric meter. In February and March, there were still items outstanding. The soffit repair and taxes were not addressed, plus there 3 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 13-362 RAFFAELA LIUZZO MAZZOCCHI Respondent(s). THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on April IS, 2015, pursuant to Chapter Two, Article Five of the City Code of Ordinances. The Magistrate 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 Magistrate hearing, the date the affidavit of eompliance 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 Magistrate 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 Magistrate on April 17, 2013 on the Property located at 201 NE 27'h Ave., Boynton Beach, Florida, with the legal description of- ROLLIN GREEN RIDGE Is"' ADD LT 22 BLK 1'7, according to the plat thereof as recorded in Plat Book 24, Pages 223 — 226 inclusive, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-16-01-017-0220 is REDUCED TO S2,634,12 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 tinder the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property owner does not comp4y with the Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thisilYday of la, 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CLERK furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent F FILED MAX 0 b, 2015 CITY CLERKS offlCE