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09-893 Prime Property of the Palm BeachesME WMIX IIIIII1111111 I Police Depattment "A CFA 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: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-893 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! j 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) u Said review must occur within thirty (30) days of the request for review. u 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, 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 1 20_ Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Mr. Ballore advised he had a hardship. He was selling the property and not making any money off of it. Ms. Ellis explained there is another case and it is a repetitive issue. It was just the Business Tax Receipt, but it was always in compliance. Case No. 09-893 Prime Property of the Palm Beaches 409 NE 'loth Avenue Ms. Springer presented the case, The Notice of Violation was sent on March 30, 2009 regarding a Business Tax Receipt for a rental property. The case was heard May 20, 2009, and no one appeared. The compliance date was May 30, 2009, or a fine of $150 a day thereafter. The violations were corrected on October 27, 2009 accruing a fine of $22,350 plus administrative fees. Ms. Springer was contacted in July for a lien reduction inspection and the Respondent needed to sod the yard, repair the fence, remove tires and vehicles, obtain a Business Tax Receipt as it had lapsed and pay outstanding water bills, Xnamm Ms. Ellis reduced the fine to administrative costs of $634.12. Case No. 13-615 12312 Wilkins Avenue LLC 1340 Piazza Pith Ms. Springer presented the case. The Notice of Violation was sent April 2, 2013, regarding obtaining a Business Tax Receipt for rental property. The case was heard June 19, 2013, and no one appeared. The compliance date and fine set was June 29, 2013 or a fine of $200 a day would be imposed thereafter. The violations were corrected on October 25, 2013, accruing a fine of $23,400 plus administrative costs. Ms. Springer was contacted in August and all was done. Brian Shutt, Esq., on behalf of the property owner, explained this was an administrative oversight on behalf of his client. All violations were in compliance. There was no impact on the neighbors or neighborhood. They have another item on the agenda and the townhouse was up the street, in the same townhouse complex with the same issue. They dealt with a leasing company to rent the property. Emails to the client and the leasing company showed they were trying to schedule an inspection and there were issues gaining access due to the tenant, Attorney Shutt's client was working in New Jersey remediating the effects of Hurricane Sandy. When they returned, they addressed the issue in October. They became aware of the lien when they attempted to sell one of the units. With the lien, they would be upside down. The deal was falling through and Attorney Shutt requested a reduction to zero as it had no impact on the community. Given the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative fees. 25 CITY OF BOYNTON BEACI-[, FLORIDA CITY O1' BOYNTON BEACH Petitioner, vs. CASE NO. 09-893 PRIME PROPERTY OF THE PALM BEACHES INC.. Respondent's). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on August 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, ORIOERED 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. I. The lien imposed by the Magistrate on May 2 2, 2009 on the Property located at 409 NE 10`h Ave., Boynton Beach, Florida, with the legal description of: E ROBERTS ADD TO BOYNTON LTS 6 & 7 (LESS S 10 FT R/W) BLK 1, according to the plat thereof as recorded in Plat Book 1, Page 123, of the Public Records of Palm Beach County, .Florida, PCN: 08-43-45-21-27-001-0060 is REDUCED TO $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 rurther action by the Code Compliance. Magistrate or the City Commission shall be permitted regarding lien reduction. A47�AND ORDEREDafter hearing at City of Boynton Beach, Palm Beach County, Florida thisday of 2015. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent D i�. ro� t Carol D. Ellis CODE COMPLIANCE MAGISTRATE