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06-1134I � ) i` 1 l/) �11� III I J J ! (/' 1 t �i t� i✓ii` � " ri l Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #06-1134 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: 0. 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". l 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_, Police Department A CTA Accredited Law Enforcement Agency") " 100 E, Boynton Beach Boulevard Boynton. Beach, ,Florida 33425-0310 ? " Phone; (561 ) 742-6100 Jeffrey {`y Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 28, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #06-1134 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: 0. 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". l 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 Case No. 04-1222 Connie M. Carrier Property Address: 428 NE 20th Avenue Violation(s): CO CHI ART 9-15-120 (D) 1 INC CO 20=6 Remove trash and debris and remove unlicensed and inoperable vehicles. RV must be running and have a current tag and must be parked on a hard surface. Sod yard and swale. Ms. Springer presented the case. Notice of violation was sent on June 2, 2004. It came to the Code hearing on July 20, 2004, and no one appeared. Compliance date and fine set was August 20, 2004 or $150 a day. Case came into compliance on September 3, 2009, with 1,839 days of non-compliance at $150 a day for a total fine of $275,850 plus administrative costs of $730.15. Jennifer Carrier stated they removed three RV's, some type of camping van, and many vehicles.- Decision ehicles: Decision Ms. Ellis reduced the lien to the administrative costs of $730.15. Case No. 06-1134 Property Address: Violation(s): Connie M. Carrier 428 NE 20th Avenue CO ART 2 SECT 10-24 (A) 1 CO CH15 ART 9-15-120 (D) INC and (E) INC Remove inoperable automobiles, trailers, auto parts, trash, debris from property and swale areas. Cease dumping on adjacent property to the west. Occupancy of RV is not allowed. Repair and paint fascia. Cease auto repair, which is not allowed in the Zoning District. Bulk trash placement not allowed more than 24 hours before pickup day. Ms. Springer presented the case. Notice of violation was sent on May 8, 2006. It came to the Code hearing on June 20, 2006, and no one appeared. Compliance date and fine set was July 1, 2006 or $100 a day. Case came into compliance on September 3, 22 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida December 16, 2015 2009, with 1,159 days of non-compliance at $100 a day for a total fine of $115,900 plus. administrative costs of $634.12. Decision Ms. Ellis reduced the lien to the administrative costs of $634.12. Case No. 07-1537 Connie M. Carrier Property Address: 428 NE 20th Avenue Violation(s): CO CH15 ART 10 SECT 15-121 - 124 It is unlawful for anyone registered as a sexual predator or sexual offender under the laws of the State to establish a permanent residence or temporary residence within 2,500 feet of any school, designated public school bus, day care center, playground, or any other park playground or any other place where children regularly congregate. Ms. Springer presented the case. Notice of violation date was May 23, 2007. It came to the Code hearing on June 28, 2007, and Connie Carrier and Mario Carrier appeared. Compliance date and fine set was August 12, 2007 or $25 a day. Case came into compliance on December 12, 2007, with 121 days of non-compliance at $25 a day for a total fine of $3,025 plus administrative costs of $634.12. Mario Carrier is Jerome Carrier's brother. He lived at this property all his life and then moved. During the interim, the ordinance came into effect in 2007. When he moved back, he was cited that he had to leave, even though he had resided there before. As soon as he had to re -register with FDLE??, at that same address, he was in violation of the Code. He stayed there until the compliance date because his mother and wife testified that they were not going to find another apartment. The wife planned to live with Connie Carrier at that address, while Mario was incarcerated. The date he was taken to jail resulted in the case complying. Ms. Ellis asked if Mario was still incarcerated, and Ms. Springer replied in the negative, saying she spoke with him. He is living in the Kentucky area near Jennifer and Jerome Carrier and "doing well." Decision Ms. Ellis reduced the lien to the administrative costs of $634.12. 23 CITY OF BOYNTON BEACH Petitioner, vs. CONNIE M. CARRIER Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 06-1134 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 amount and all pertinent inf'onnation 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 June 21, 2006 on the Pfoperty located at 428 NE 20`i' Ave., Boynton Beach, Florida, with the legal description of: BOYNTON RIDGE LT 2 BLK 15, according to the plat thereof as recorded in Plat Book 24, Page 28, of the Public Records of Palm Beach County, Florida, PCNT: 08-43-45-15-07-015-0020 is REDUCED TO $634.12. .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 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. OPE AND, ORDERED alter hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2015. Carol D. Ellis, CODE COMPLIANCE'MAGISTRATE ATTEST: . YL ITY CLERK copies furnished: Honorable Mayor and the City Contmissii City Attorney City ClerkG Respondent;:•. 1