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14-116 IH2 Property LPPolice Department "A CPA Accredited Lau) Enforcement Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: f561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 Date: June 24, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-116 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 00107, the following procedures are to be followed: a 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) ij 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. o 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 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, ZTT4 C4 MOT Based on the testimony of the City, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. Case N, . 14-116 IH2 Property LP 40 E. Tara Lakes DrIvt 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 property was purchased at auctic general contractors, but had issu contractor that pulled the needed 2015. Manager, Invitation and IH2 Homes, explained the n. They started work on it and went through a few es with them pulling permits. They found a general permits and the building was approved on February 6, Given the testimony of both parties, Ms. Ellis reduced the $15,200 lien to $3,000 plus $634.12 in administrative costs. 21 CI"T"Y OF BOYNTON BEACH Petitioner, Vs. IH2 PROPERTY FLORIDA LP Respondent's), CASE NO. 14 -116 LIEN MODIF'ICATIOIV ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on May 20, 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: I. This Magistrate has subject matter jurisdiction of this cause and jurisdiction over the Respondent, 1 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 40 E TARA LAKES DR. Boynton Beach, Florida, with the legal description of: LAKES OF TARA UNIT 1 LT 40, according to the plat thereof as recorded in Plat Book 46 Page 102 and 103 of the public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 30 -16- 000 -0400 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. 7. 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 Lieu Reduction Order shall be of no furtherr 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 this day of ,2015, i Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CLERK - J copies furnished: -- Honorable Mayor and the City City Attorney City Clerk Respondent FILED AN 112 1