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10-2797 - 7 Hoawthorne LanePolice Department "A CFA Accredited Law Eqjbrcernent Agency" 100 E. Boynton Beach Boulevard Boy n ton Beach, Florida 33425- 03 10 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: j561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-2797 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) Li 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, , 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 December 16, 2015 . . .. ...... . Apply for and pass inspection for Business Tax Receipt for rental property. Ms. Springer presented the case. Notice of violation was sent on April 22, 2015, The Code hearing was on June 17, 2015, and no one appeared, Compliance date and fine set was June 27, 2015 or $100 a day. Case came into compliance on November 14, 2015; there were 129 days of non-compliance at $100 a day for a total fine of $12,900 plus administrative fees of $634.12. When they called for the lien reduction inspection, the inspector went out and there was nothing that had to be done on the property. Melissa Tom, Project Manager with Colony American Home, stated they are seeking reduction. The home is in compliance, and they had residents in the home, which goes through a different department. It has been a "revolving door" on the property management side. She met with Pat Hart, and she said everything was in great condition. They have invested over $38,000 into the property. They have already submitted the application for the 2016 Business Tax Receipt and paid the fees. Based on the presentation by the City and the respondent, Ms. Ellis reduced the $12,900 lien to $1,500 plus administrative costs. Case No. 10-2797 Bank of America Property Address: 7 Hawthorne Lane Violation(s): CO CH10 SECT 10-51.5 INC Property in foreclosure must be registered and maintained in accordance with the Property Maintenance Regulations as adopted by the City of Boynton Beach. Ms. Springer presented the case. Notice of violation was sent on September 21, 2010. It came before the Code Board on November 17, 2010, and no one appeared. Compliance date and fine set was November 27, 2010 or $150 a day. Case came into compliance on April 18, 2011-1 141 days of non-compliance at $150 a day for a total fine of $21,150 plus administrative costs of $538.09. This property had no violations on it. It went for lien reduction inspection, but they did have to pay a municipal lien of $1,260.39 and an outstanding water bill of $49.74. Brett Troskey, PBL One LLC, owners of the property, said it was a failure on Bank of America's part to comply with Code, and had nothing to do with them. They bought the house at auction and paid an outstanding water bill of $4,000 plus the $49.74 Meeting Minutes •r- •- .• Hearings Boynton Beach, Florida December 16, 2015 mentioned. They also paid the City twice for grass mowing. They are seeking a reduction or dismissal of the fine. Ms. Ellis stated that when purchasing a property at auction, the buyer takes it subject to whatever is there on title. Mr. Troskey said that City staff confirmed the two mowings, but said the balance was under $1,000. He said he purchased the property for approximately $150,000, and the market value is in the range of $185,000 to $225,000. FITMOM M-2 Based on the testimony, Ms. Ellis reduced the $21,150 lien to $2,000 plus administrative costs of $538.09. Mr. Troskey asked if they could reduce it further, and he was advised they could appeal to the City Commission, but that is a long process and the Commission typically agrees with the Magistrate's decision. Ms. Springer explained how the Magistrate arrives at the reduction. Case No. 06-1366 Liliang Yang & Xiu Juan Dong Property Address: 240 N Congress Avenue Violation(s): CO CH 15 ART 9-15-120 (D) 1 INC Part 3 of the LDR, CH7.5 to SECT 5 (B) CH21 ART I SECT 13 Return landscaping to what appears on the original site plan. Repair sprinkler system. Replace bushes, trees, hedges, and grass and repair the sign. Permit required. Ms.Springer presented the case. Notice of violation was sent on June 1, 2006. It came before the Code Board on August 16, 2006, and no one appeared. Compliance date and fine set was September 15, 2006 or $50 a day. Case came into compliance on November 2, 2015, with 3,334 days of non-compliance at $50 a day for a total fine of $166,700 plus administrative costs of $922.21. There was nothing needed to be done for lien reduction. Water bills and taxes are paid, and the property was in compliance. Ms. Ellis reviewed the facts of the case. Jesse, family member of the owner of the property, said he represented the family since they do not speak English. He said they purchased the property in 2006, and received a violation because of damaged landscaping. He said the violations were not known to them, but to the neighbor. They did the work together. When they finished, they called the City, and thought they were done. When they went to refinance the property to get a lower interest rate, they became aware of the lien. Jesse said he still im CITY OF BOYNTON BEACH, FLORIDA. CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10-2797 BANK OF AMERICA 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 December 16, 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 arnount 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 nnet all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on November 17, 2610 on the Property located at 7 Hawthorne Ln., Boynton Beach, Florida, with the legal description of LOT 4 OF BLOCK 3 OF BOYNTON LAKES PLAT N0. 4 (P.U.D.), according to the plat thereof as recorded in Plat Book 49, Page 179, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-05-06-003-0040 is REDUCED TO $2,538.09. The City shall prepare a release and satisfaction consistent with this Order. 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 Cit, 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. D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ' day of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST; Y CLERK copies furnished: Honorable Mayor and the C City Attorney City Clerk Respondent k13 AA 0 6 21JIB T., tire' OFFICE