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11-3421The Citu ofBoynton Beach Police Department A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33 42 5-03 10 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: July 14, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-3421 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) o 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. o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". I, , 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 Compliance Hearings Boynton Beach, Florida June 17, 2015 Ms. Springer presented the case. The Notice of Violation was sent on October 5, 2012, to obtain a permit for the walk in cooler and freezers, added display cases and the wall between the kitchen and sales area. A Business Tax Receipt was required. The case was heard on January 16, 2013, and no one appeared. The compliance date and fine set was March 17, 2013, or a fine of $150 a day would be imposed thereafter. The violations were corrected on May 14, 2013, having 57 days of non-compliance and a fine of $8,550, plus administrative costs of $634.12. Ms. Springer commented the Business Tax Receipt could not be issued while the permits were open. The case originated from a red tag from the Building Department. The contractor had revised the floor plan and the work listed on the permits was different from the work that was done. All the permits were Issued, but two portions of the permit were pending. The Respondent had paperwork showing they did issue sections of the permits, which looked like the permits were open and pending when they were not. The Respondent, Ms. Orlando, had attended the fine certification hearing and misunderstood. The Forum Shoppes had contacted Ms. Springer and she explained the lien was under Palermo Bakery and then the owner contacted her. The owner was unaware the fine had been certified. Anna Orlando, owner of Palermo Bakery, conveyed Ms. Springer's comments were correct. Decision Based on the testimony, Ms. Ellis reduced the lien from $8,550 to $500 plus administrative expenses of $634.12 for a total amount of $1,134.12. Case No. 11-3421 David & Nataliya Giordano 2315 N. Congress Ave. #31 Ms. Springer presented the case. The Notice of Violation was sent on December 19, 2011, for violations pertaining to a Business Tax Receipt for a rental property. The case was heard on March 21, 2012, and no one appeared. The compliance date and fine was April 4, 2012, or a fine of $100 a day would be imposed thereafter. The violations were corrected on December 22, 2014, having 990 days of non-compliance and a fine of $99,000 plus administrative fees of $634.12. Ms. Springer was first contacted by Mr. Giordano in April 2014 when he learned of the lien on the property. He thought once application was made and the Business Tax Receipt paid for in March 2012 that he was issued the permit. He never called for an inspection. Ms. Springer advised he should reapply for the Business Tax Receipt since it lapsed for two years. Mr. Giordano did so, called for an inspection and had to pay for the 2012, 2013, 2014, and 2015 Business Tax Receipts, He failed the first inspection on November 3, 2014, and then passed on December 22, 2014. 17 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida June 17, 2015 David Giordano, property owner, explained he lives in New Jersey, and learned of the case through a friend that came down to check on the home and the notice was taped to the door. He mailed a check and the application for the Business Tax Receipt in 2012, and never heard anything. He called Officer Cain and left information to forward all correspondence to the New Jersey address, and he heard nothing for a year until he attempted to sell the property. A lien search found the lien on the property. The property has been for sale and has been vacant for a year. He did not have a contract on the property. Ms. Springer explained the application signed in 2012 and 2014 highlighted one must call to schedule an inspection for rental property after the application is submitted. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500, plus administrative fees of $634.12. The current lien was $99,000. Mr. Giordano objected and commented the lien could have been zero had Officer Cain responded to him and sent the mail to his address. He advised he addressed the issue immediately. Ms. Ellis responded he had not and the instructions to call for an inspection were very clear. Case No. 14-2414 Lansdowne Mortgage LLC 103 SE 21St Avenue Ms. Springer presented the case. The Notice of Violation was sent on October 24, 2014 to register and maintain a foreclosed property per City Code. Repairs were needed to the fence at the front of the property and screen. The case was heard December 17, 2014, and no one appeared. The compliance date and fine was to correct the violations by December 27, 2014, or a fine of $100 a day would be imposed thereafter. The violations remained outstanding for 61 days accruing a fine of $6,100 plus administrative fees of $634.12. Ms. Springer was contacted in February for a lien reduction inspection and she advised the case was not in compliance. They brought it into compliance on February 27, but they also conducted the lien reduction inspection which revealed the Respondent had to replace missing window screens, secure the property, obtain a permit for a water heater, replace both missing air conditioners, obtain a permit for a screen enclosure, utility room, sod bare areas in the front yard, repair soffit screens, a wood fence, broken planks on the front of the fence and repaint the fence. There were also outstanding property taxes and a water bill of over $2,000 that had to be paid. The property was re- inspected on April 6, 2015, and some violations remained. Another inspection a month later revealed all was corrected. Dale Disham, Landsdowne Mortgage, explained they took possession of the home through a foreclosure. They got a contractor and improved the property and put the EE CITY OF BOYNTON BEACH Petitioner, vs. DAVID & NATALIYA GIORDANO Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 11-3421 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on June 17, 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 duty 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 met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on March 21, 2012 on the Property located at 2315 N. Congress Ave. #, 31, Boynton Beach, Florida, with the legal description of. BOYNTON LANDINGS CONDOMINIUM UNIT 31 BLDG 2315, according to the plat thereof as recorded in Plat Boole 54, Page 91, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-18-22-007-0310 is REDUCED TO $3,134.12. 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 further action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE Beach County, Florida this �' day of ATTEST: oY CLERK �- Q� es furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent R L JUL 13 2015 CITY CLERK'S OFFICE 1