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14-1529 Fetlar LLC.Police Department "A CRA Accredited Law Enforcement Agency 100 E. 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: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date. June 24, 2015 To: City Commission From Code Compliance Division RE: Code Compliance Case #14-1529 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) zi Said review must occur within thirty (30) days of the request for review. ci 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 Bt: YNTON BEACH, FLORIDA MAY 20, 2015 Serene Prinyavivatkul and Kevin Faber, 170 SE 27 Avenue, explained they took ownership of the property in 2004. They thought the hearing was an oversight on their part, They have dogs so they pulled permits for the fence. It took a long time to sign off and the self-closing latch did not work and the gates started to sag. They had moved out of the property, but kept it up and thought it was resolved. They moved back in and when they tried to refinance, they learned of the lien. Ms. Springer explained the permit was not approved because of the latch and they never got another inspection. It was now approved. Mr. Faber explained they always had a padlock on it. Ms. Ellis reviewed photographs of the property which the Respondents verified as their property. Ms, Ellis also saw a padlock for the fence. Given the testimony, Ms. Ellis reduced the lien to $2,000 plus $634,12 administrative costs. Case No. 14-1508 Fetlar LLC 1154 SW 27 Avenue Ms. Springer presented the case. The Notice of Violation was sent on June 24, 2014, regarding a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date set was August 28, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on March 9, 2015, having 195 days of non-compliance and a fine of $97,500 and administrative fees of $634.12, In April, a lien reduction inspection revealed the Respondents had to sod the front yard, repair the sprinkler system and repair the driveway. A second inspection in May showed the property was eligible for lien reduction. Leia Boggs explained this property took longer than expected for the Business Tax Receipt because the home was occupied and it was difficult for the tenants to take time off to accommodate an inspection. When they inspected, they found items the owners addressed immediately so they could apply for lien reduction. Decision Ms. Ellis reduced the lien to $15,000 plus administrative costs of $634.12, Case No. 14-1529 Fetlar LLC 1154 SW 27 Avenue Ms. Springer advised a Notice of Violation was sent on June 25, 2014, regarding, permits for an installed air conditioner, washing machine, hose bib and garage door. The case was heard on August 20, 2014, and Leia Boggs appeared, The compliance date set was August 25, 2014, or a fine of $500 would be imposed thereafter. 23 MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Leia Boggs explained they hired the wrong vendors for the work and now they pull permits. I Ms. Ellis reduced the lien to $10,000 plus $730.15 for administrative fees, Case No, 14-1917 Fetlar LLC 146 SE 27th Way Ms. Springer presented the case. The Notice of Violation was sent on August 14, 2014, regarding a Business Tax Receipt inspection for a rental property. The case was heard on October 15, 2014, and no one appeared. The compliance date and fine set was to correct the violations by October 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on May 1, 2015, having 187 days of non- compliance and a fine of $93,500 plus administrative costs of $634.12, The Business Tax Receipt and lien reduction inspection took place at the same time. All they needed to do was finalized open permits and obtain the 2014 and 2015 Business Tax Receipts for the property, Leia Boggs explained this case had the same situation with the Business Tax Receipt. It was an occupied home so they had to coordinate with the tenants to obtain the inspection. It took longer than expected. Ms. Ellis reduced the lien to $15,000 plus $634,15 for administrative costs. Case No. 14-1493 Fetlar LLC 1113 SW 15 Street Ms. Springer presented the case. The Notice of Violation was sent June 23, 2014, regarding a Business Tax Receipt inspection needed for a rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on March 9, 2015, having 195 days of non-compliance and a fine of $97,500 plus $634.12 for administrative fees. A lien reduction inspection occurred in April and they needed to paint the fascia boards, weed the hedge, repair the wall fencing on the front porch and finalize open permits. Leia Boggs explained this was a situation where they were in compliance, but when the re-inspection occurred, they found more violations which they addressed immediately. They had to reschedule the Business Tax Receipt inspection because the tenant had already left for work. 24 CITY OF BOYNTON BEACH Petitioner, vs. FETLAR LLC Respondent(s). CASE NO, 14-1529 THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on IWfay Z0, �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 August 20, 2014, on the Property located at 11 54 SW 27". AVE., Boynton Beach, Florida, with the legal description of: GOLF VIEW HARBOUR 2"' SEC LOT 2 BLK 12, according to the plat thereof as recorded in Plat Book 27 Page 46 and 47 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-32-03-012-00 10 is R-EDUCED TO $10,730.15 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 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 this 0 day of IIAL 2015. ATTEST: J Y CLERK A6 copies furnished: Honorable Mayor and the City Corm City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE t�l um N 1 12 7 0 15 ,,