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07-3555 Constance S LassiterI olive Department "A CFA Accredited Low Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (56 7) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 Date: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #07-3555 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: Li 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. 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". 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 Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Ms. Springer presented the case. The Notice of Violation was sent February 1, 2013, The case was heard April 17, 2015, and no one appeared. The compliance date and fine was April 2, 2013, or $250 a day thereafter, The violations were corrected on June 4, 2014, having 405 days of non-compliance, accruing a fine of $101,250, plus administrative costs of $634.12. Ms. Springer was contacted in October 2014, and there were several liens on the property that were lost in foreclosure. When the Bank took title, they were cited for those violations. The new case had to comply before this case could be presented for lien reduction. That case pertained to obtaining a permit for siding that was installed without the proper permit. At the lien reduction inspection, the Code Officer noted a garage door had to be repaired, remove inoperable vehicles, replace the missing window screens, paint the stucco, pressure clean moldy surfaces on the walkways and fence, repair or replace rotted fascia. The bee infestation returned so that needed to be exterminated, repair or replace a rotted T-111, sod the front yard, trim overgrowth. A re- inspection in January revealed the house had to be painted, sod the yard, remove the bee hive, remove trash and debris and repair the gate and fence, On June 18th, another inspection revealed the Respondent had to reinstall the four -inch house numbers, replace missing window screens and sliding door, remove outside storage of fence panels and there were several outstanding water bills that had to be paid. They passed the lien reduction inspection on July 22, 2015. Ben Frank, Property Manager, received the property around June. Prior to that, the bank was supposed to attend the hearing. They did not have control of the property so he was unable to start addressing the violations. As soon as they obtained possession, he contacted Ms. Springer and began fixing the violations. F*7 -72 a mos Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs. Case No, 07-3555 Constance S. Lassiter 550 NW 12th Avenue Ms, Springer presented the case. The Notice of Violation was sent on December 26, 2007. The case was heard April 16, 2008. The compliance date was to comply by May 6, 2008, or $100 a day would be imposed thereafter. The violations complied on October 16, 2014, having 2,343 days of non-compliance accruing a fine of $234,300. Ms. Springer was contacted in 2013. The Building Department and staff had indicated to Ms. Lassiter what needed to be done. The violations were corrected on October 16, 2014, and the Respondent sent the application for the lien reduction in December 2014. Ms. Lassiter could not attend at that time. When she contacted Ms. Springer again in June, a re -inspection revealed trash and debris, overgrowth and graffiti needed to be addressed. Ms. Lassister immediately corrected those violations. 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 195 2015 Constance Lassiter, the Respondent, advised she owns property and always did everything she was supposed to do. She was on vacation and was unaware of the 2007 fine until 2014 when the property was put up for sale and the contractor advised of the violation. Ms. Lassiter had spoken with former Building Official Karl Swierzko in the Building Department and Pete Roy, former Code Compliance Officer, and inquired why she was not notified. Ms. Lassiter explained she was in the Boynton Beach area nearly all of 2007, and she and her sisters took care of her mother who passed in June. A registered letter was returned. Notice was posted on the property. Ms. Lassiter advised there were renters at the property and they did not notify her. Ms. Springer explained the property was posted on June 3, 2008 and she had a picture of the posting on the door of Unit B. The original letters were sent to Ms. Lassiter's address in Washington, Ms. Lassiter explained the letter sent to Tacoma was the only registered letter, the rest were sent regular mail. Ms. Lassiter was aware of the tenant in unit B's personal circumstances and an arrangement was made for her to remain in the premises at a reduced rate with the proviso the tenant would maintain the premises. She wanted to sell the building and after every other tenant was evicted, the renter from unit B was evicted. The tenant threatened to get her in trouble with the City and she incurred monthly water bills. She lost the contract she had to sell the building. There were four empty units and each month one unit was higher than the other. Someone stripped the copper from the units and she was dealing with the City. She believes she has an interested buyer. She received a letter about one of the tenant's broken car, and she called Code Compliance and had it removed. Ms. Springer advised there were no outstanding violations. Decision Given the testimony by the Respondent and the City, Ms. Ellis reduced the lion to $2,500 plus administrative expenses. Case No. 14-2050 Live Oak Park LLC 410 NE 26x' Avenue Ms. Springer presented the request. The Notice of Violation was sent on August 29, 2014 pertaining to a Business Tax Receipt. The case was heard December 17, 2014, and no one appeared. The compliance date was January 16, 2015, or a fine of $150 a day would be imposed thereafter. The violations were corrected on July 16, 2015, accruing a fine of $27,000 and administrative fees. Ms, Springer was contacted in June for lien reduction and the Respondent did not have the Business Tax Receipt. It could not be issued because the permit he pulled was not finalized. They had to remove trash and debris, unlicensed, inoperable vehicles and 23 CITY OF BOYNTON BEACII Petitioner, vs. CONSTANCE S. LASSITER Respondents) CITY OF BOYNTON BEACH, FLORIDA CASE NO. 07-3555 MEN? MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on A.ugrrst 19, 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.- ] . hat: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 ApriC 16, 2008 on the Property located at 550 NW 12" Ave., Boynton Beach, Florida, with the legal description of - CHERRY HILLS, BOYNTON LTS 371 TO 373 INC, according to the plat thereof as recorded in Plat Book 4, Page 58, of the Public Records of Palm Keach County, Florida, PCN: 08-43-45-21-14-000-3710 is REDUCED TO 53,134.12, 4, The City shall prepare a release rand 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 (40) 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, ATTEST: 1 JC Y CLERK copies furnished: I lonorable Mayor and the City Commission City Attorney TIE City Clerk Respondent ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of , 2015. 1 Z)t°ut s LU 1 CITY CLERKS OFFICL Carol D. Ellis CODE COMPLIANCE MAGISTRATE