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13-69 72 LLC'F A Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach BouZeucird Boynton Beach, FZorida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Diuision Phone, (567) 742=6120 FAX: (561) 742-6838 Date: June 24, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-69 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: 71 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) Li Said review must occur within thirty (30) days of the request for review. o 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". 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 747-4911-ror, Ms. Ellis reduced the lien to $3,500 plus $634.12. Case No 14-1425 Fetlar LLC 1053 Coral Drive Ms. Springer presented the case. The Notice of Violation was sent June 12, 2014, regarding permits for the kitchen and bath remodel, HVAC replacement and doors, and to apply for and pass a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on April 6, 2015, accruing a fine of $111,500 plus $634. 12. Leia Boggs explained once they got the right vendors they addressed the violations. I Ms. Ellis reduced the lien to $15,000 plus $634.12. Case No. 14-1517 Fetlar LLC 194 SE 27th Court Ms. Springer presented the case, The Notice of Violation was sent on June 24, 2014, to apply for and pass a Business Tax Receipt inspection for rental property. The case was heard on August 20, 2014, and Krishwa Ramnanan appeared. The compliance date and fine set was August 24, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on May 7, 2015, accruing a fine of $127,000 plus $634.12 in administrative fees. There was only an outstanding water bill. Serena Sakkarawah explained they had a number of issues with their properties. They were occupied properties and duplexes and they could not schedule inspections at the same time, which diminished their ability to cure the violations in a timely manner, She was aware they were prolonged issues. The company's vendor performance was under review regarding permitting issues and it affects their investment power within the City. They were trying to improve their process. Based on the testimony, Ms. Ellis reduced the lien to $15,000 plus $634,12. Case No. 13-69 72 LLC 121 W. Ocean Avenue Ms. Springer presented the case, The Notice of Violation was January 14, 2013, to remove trash and debris and outside storage. The case was heard March 20, 2013 and no one appeared. The compliance date and fine was March 30, 2013, or a fine of $150 27 BOY TON BEACH, FLORIDA MAY 20, 2015 a day would be imposed thereafter. The violations were corrected on June 14, 2013, accruing a fine of $11,100 plus $634.12 in administrative fees. Ms. Springer was contacted in June 2013 and she explained there were liens from the former owner that were lost in a foreclosure, but the new owner had to bring all those violations into compliance. She explained once the violations were in compliance and all the permits were pulled and finalized, he could apply for a lien reduction. She was contacted in March 2015 for a lien reduction and Ms. Springer explained he had to install sod, mow the overgrown yard, repair the bedroom window, install screens in all windows, repair screens around the bottom of the house, repair the garage door, seal the soffits, remove a dead Coconut Palm, and obtain a permit for a recently installed roof. Additionally, there were outstanding property taxes and water bills that had to be paid. Ms. Springer was again contacted on March 26, 2015, and there was no roof permit. In April, the Respondent still needed to get the roof and mechanical permits for a six -room addition on the back of the house, Normally, Ms. Springer does not take a case to the Board with open permits that had to be finalized. The Building Official agreed that since he was doing the remodel, and has the required permits and was passing inspections, Ms. Springer could bring the lien reduction process forward. She noted there were five parts to the permit. He only had three and needed the other two. He also had a tenant so he had to get the Business Tax Receipt. The Respondent did not pass inspection until this month, but somehow the 2015 Business Tax Receipt was issued, He did not have smoke detectors. Currently, the Respondent installed some sod and he still had the renovation in the back, but all else complied. She had pictures she showed to the Respondent and Ms. Ellis, The Respondent confirmed the property was theirs. Mr. Diane Abraham, owner, explained some of the photographs were old photographs. They purchased the property several years ago. There were open permits they were unaware of at closing. His concern was when they opened the water account he specified their address was in Florida. Several times they requested all correspondence come to the address. The water bill is sent to the Florida address, but not the others. In March they applied for a loan and the attorney advised of the lien. He thought all was taken care of and a few years back, when they spoke to the City, they were advised there was no need to appear. They pulled two permits and complied. They obtained an air conditioning contractor who pulled the permit and the other permit was for the roof for the addition. There was a prior open permit for the roof, but the prior owner did not finish the work. In December, Line Tec moved the water meter from the back to the front of the home. All the pipes for landscaping were compromised and the trees died. They will redo the entire property and want to enhance it. He will need something in writing so he can obtain the loan. Ms. Springer advised she could provide a letter pending City Commission review. WQ MEETING MINUTES SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA MAY 20, 2015 Ms. Ellis reduced the lien to $1,000 plus $634.12 in administrative costs. Case No. 15-758 Grape Leaf Park LLC Property Address: 1622 NE 4" Court Violation(s): BBA FBC 2010 ED 105.1 Permit required for garage enclosure, Windows and doors improperly installed. Miscellaneous plumbing needs inspection by the City. Permit needed for water heater. Officer Weixler presented the case. A routine inspection on April 1, 2015, revealed the above captioned violations- The Respondent was not a repeat violator. Written notice was sent April 1, 2015, giving 10 days to correct the violations. Notice was sent by Certified Mail on April 23, 2014, and the signed green card was dated May 1, 2015. The Respondent has Permit No. 15-2159 for the enclosure, which was applied for on May 81h. It was currently in Plan check. The property was last inspected yesterday and the Respondent requested a 30 -day extension. Staff recommended a 30 -day compliance date of June 19, 2015, and a fine of $250 a day. Ms. Springer explained the property was purchased under the Conditional Release of Lien program. Nabil Kishk, registered owner, asked about the $250 a day fine and Ms. Ellis explained it would not apply as long as the issues were addressed within the specified time. He was worried because Code Compliance inspects and finds something else. He commented sometimes there are issues for six or eight times and the plans were rejected. He advised they should be done within 30 days. Ms. Ellis noted he already applied for the permit, and he did not have to finish the work within 30 days. He had to get the permit issued within 30 days, Ms. Ellis ordered 30 days to obtain the permits, by June 19, 2015, or a fine of $250 a day if not complied. Case No. 15-454 10 PROP LLC Property Address: 746 W. Ocean Avenue Violation(s): CO CHI 3 SEC 13-16 Business Tax Receipt needed to operate Newlife Recovery Resources, LLC business. Officer Cain presented the case as contained in the Notice of Violation. The case arose from a citizen complaint. An initial inspection on February 25, 2015, revealed the above W CITY OF BOYNTON BEACH Petitioner, VS. 72 LLC Respondent's). CASE NO. 13-69 fl�t�l►iu 1st _ � � 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 alt 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 March 20, 2013, on the Property located at 121 W. Ocean Ave,, Boynton Beach, Florida, with the legal description of: BOYNTON HEIGHTS ADD REVISED PL LTS 30 TO 33 INC BLK 8, according to the plat thereof as recorded in Plat Book 10 Page 64 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-10-008-0300 is R)sDUC?I D TO $1,634,12, 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 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. BONE AND ORDERED after hearing at City of Boynton Beach, Palin Beach County, Florida this day of 2015. roI D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: TY CLERK— copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent