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06-1413 - 615 NW 4th StreetPolice Department "A CPA 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., (567) 742-6120 FAX: (561) 742-6838 Date: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case 406-1413 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: ❑ 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) ❑ Said review must occur within thirty (30) days of the request for review, ❑ 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. ❑ 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 120 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida only for the second order. (The first order complied.) May 28, 2015, with 3,263 days of non-compliance $81,575 plus administrative costs of $730.15. xmzm��� Case came into compliance on at $25 a day for a total fine of Ms. Springer said he had to repair the house numbers on the house for lien reduction, and had to pay the outstanding property taxes from 2008 and 2015. Jason E. Robinson said he thought the taxes were for 2008 and 2014. He said everything came into compliance years ago, but did not have it inspected until recently because that is when he finally got time to do so. The house was beginning to get cleaned up when he got a hardship permit and got his water and electric turned back on (about three years ago). Violations went on for years because he worked out of the country or the city most of the time. He lives across the street from the property and bought it for his parents to live in (which did not come to pass — only one came to live there). Mr. Robinson asked for leniency because the fines were inherited and were for nothing that was "earth -shattering." He said he has paid up to $15,000 for containers, but never got to use them because others in the neighborhood filled them up first. Mr. Robinson said when his father died, he decided he wanted to sell the house. When he got a contract on the house, he came into compliance by getting inspections. Ms. Springer stated that the case originated in 2005; the date of the permit was 2008. An email from Shane Kittendorf, the Building Official, said that he performed the final inspection for Permit no. 08-1812 on May 28, 2015, Alf -Man 0=1 Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus the administrative cost of $730.15. Case No. 06-1413 Jason E. Robinson & Robert R. Mattei Property Address: 615 NW 4th Street Violation(s): CO CH 15 ART 9-15-120 (D) INC Remove trash and debris and mow overgrown property, Ms. Springer presented the case. Notice of violation was sent on June 6, 2006, It came to hearing on August 16, 2006; Jason Robinson appeared. Compliance date and fine set was August 26, 2006 or $100 a day. The case came into compliance on October 22, 2007, with 421 days of non-compliance at $100 a day for a total fine of $42,100 plus administrative costs of $826.18. Ms. Ellis reviewed the facts of the case. Decision 25 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 Ms. Ellis reduced the lien to $500 plus the administrative cost of $826.18. Case No. 15-382 E & A Sunshine LLC — Prime Communications LPME Property Address: 1627 S Federal Highway Violation(s): CO CH 13 SECT 13-16 Operating business without a current Business Tax Receipt. Ms. Springer presented the case. Notice of violation was sent on February 13, 2015. It came to hearing on August 19, 2015; no one appeared. Compliance date and fine set was August 29, 2015 or $100 a day. The case came into compliance on November 13, 2015, with 75 days of non-compliance at $100 a day for a total fine of $7,500 plus administrative costs of $730.15, Hama Turner, representing landlord Sunshine Square E&A, said she was present with a representative from AT&T, which is Prime Communications. Varun Murphy, District Manager for Prime Communications, stated they found out they were non-compliant when they received the citation. They then started to correct the situation and requested a fine inspection. They failed, being told it was an issue over a handicap matter. Later they were told by the supervisor that it was compliant. While they were waiting for the license to arrive, they received the citation. They changed to another company to get the license, which they just received on November 13, 2015. Mr. Murphy asked for a reduction because they had to change companies. Ms. Ellis reduced the lien to $750 plus the administrative cost of $730.15. FPM Properties LLC No one was present for the case, and Ms. Springer requested that it be tabled. Ms. Ellis tabled the case to January 20, 2016. F. Approval of Stipulated Agreement [offn M_1r*1FdMP*_*V Mitchell Angus Ms. Springer advised it was a Stipulated Agreement that was signed. It stated that the person was to move by December 15, 2015, and he did not. His attorney requested 5 days and the court granted him 3 days. Ms. Springer requested an order for 3 days to comply by December 18, 2015 or $1,000 a day. NER CI'T'Y OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. JASON E. ROBINSON & ROBERT R. MATTE] Respondent(s). r CASE NO. 06-1413 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 Dive 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: I . 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 16, 2006 on the Property located at 61.5 NW 4'i' St., Boynton Beach, Florida, with the legal description of: RIDGEWOOD HILLS LT 150, according to the plat thereof as recorded in Plat Book 23, Page 250, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45_21-16.000-1500 is REDUCED TO $1,326.18. The City shall prepare a release and satisfaction consistent with this Order. The release and satisfaction shall be recorded in the public records of Palin 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. &JW16L AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: f frf (3 CLERK copies furnished: Honorable Mayor and the City City Attorney City Clerk Respondent AN 0 6 20,15