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14-350 IH2 Property Florida LPPolice Department "A CFA Accredited Law Enforcement Agency" 100 R Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6700 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX (S61) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: June 24, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-350 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: Lj 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) ci Said review must occur within thirty (30) days of the request for review. D 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 uest 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_ Jill BOYNTON BEACH, FLORIDA MAY 20, 2015 Case No. 14-245 IH2 Property Florida LP 1077 SW 4 th Avenue Ms. Springer presented the case, The Notice of Violation was sent February 11, 2014, regarding a Business Tax Receipt inspection for a rental property and to install four-inch house numbers on the building. The case was heard April 16, 2014, and no one appeared. The compliance date and fine was April 23, 2014, or a fine of $50 a day thereafter. The violations were corrected on November 25, 2014, having 215 days of non-compliance accruing a fine of $10,750 plus administrative fees of $634.12. Ms, Springer was first contacted in December 2014. The side driveway needed to be weeded. They needed to resurface the driveway and repair the screens in the screened room. The property was re-inspected in January and the weeds in the driveway and screens were outstanding. Another inspection on February 26, 2015, showed there were still weeds in the driveway, There was outside storage and a water bill that had to be paid, The case was ready for lien reduction on April 9, 2015. Wayne Overfeldt, Construction Manager for did not recall if it was an auction property. They they had difficulty getting workers to the home and fixed the irrigation system. 11­12 Properties and Invitation Homes, have several properties in the City and to make the repairs. They installed sod Based on the testimony of both parties, Ms. Ellis reduced the lien to $2,500 plus $634.1' 2 in administrative costs. Ms. Springer explained the reductions are not final until the meeting minutes are typed and she presents the information to the City Commission, which could take over a month. Once they receive the final letter, Ms. Springer will email to the Respondents they have 90 days to make the payment. Case No. 14-350 IH2 Property Florida, LP 706 SW 4 th Avenue Ms. Springer advised the Notice of Violation was sent February 24, 2014, regarding a Business Tax Receipt inspection for rental property. The case was heard on April 16, 2014, and no one appeared. The compliance date and fine set was April 26, 2014, or a fine of $50 a day thereafter. The violations were corrected on November 26, 2014, having 213 days of non-compliance and administrative fees of $634,12. Ms. Springer was first contacted in December for a lien reduction inspection, and they needed to remove outside storage, trash and debris on the side and back of the property, repair ripped screens in the front entrance, repair the rear patio door closure mechanism, obtain a permit for newly installed air conditioning and pay a water bill. The property was inspected again in January and the outside storage, trash and debris, ripped screens and rear patio door mechanism remained outstanding. An inspection on 20 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 January 20, 2015, revealed a broken gate. Another inspection on February 27, 2015, showed palm trees needed to be trimmed and there were two unlicensed vehicles in the front yard. The property passed inspection on April 3, 2015. William Overfeldt, Construction Manager for IH2 Properties and Invitation Homes, explained the only information he had were notes indicating they came into compliance on March 25, 2015, regarding trimming the palm trees, bushes and removing debris. Decision Based on the testimony of the City, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. Case No. 14-116 IH2 Property LP 40 E. Tara Lakes Dirive Ms. Springer presented the case. The Notice of Violation was January 28, 2014, regarding permits for all changes made to the property, air conditioner, water heater, light fixture change outs, bathrooms and mold remediation as stated in the Red Tag. The case was heard on April 16, 2014, and no one appeared. The compliance date set was April 26, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on February 25, 2015, having 304 days of non - compliance and administrative fees of $634,12, Ms. Springer was contacted in February and a lien reduction inspection showed they had to remove trash and debris, there were fencing pylons and an old table that had to be removed. They had to cover the dryer vent, level the patio stones or remove them, and repair or remove broken patio stones on the driveway and pay an outstanding water bill. In May the violations still existed, and they found missing fence panels on the gate. The property was re-inspected and the dryer vent violation still remained. The property passed inspection on April 17, 2015. William Overfeldt, Construction Manager, Invitation and IH2 Homes, explained the property was purchased at auction. They started work on it and went through a few general contractors, but had issues with them pulling permits. They found a general contractor that pulled the needed permits and the building was approved on February 6, 2015. Given the testimony of both parties, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. 21 CITY OF BOYNTON BEACH Petitioner, vs. IH2 PROPERTY FLORIDA LP Respondent(s). CASE NO, 14-350 THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on Ma,,,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 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 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 16, 2014, on the Property located at 706 SW 4th AVE, Boynton Beach, Florida, with the legal description of LAKE BOYNTON ESTATES PL 2 LT 2(LESS E 12.5 FT) & E 25 FT OF LT 3 BLK 21, according to the plat thereof as recorded in Plat Book 14 Page 17 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-21-021-0021 is REDUCED TO $3,634.12 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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 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. D ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this L� day of ONI ,2015. 4 rol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: TY CLERK — 1' e copies furnished: Honorable Mayor and the City City Attorney City Clerk Respondent F UN-- E"E D