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13-260Police Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Boulevard r r' 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 Date: February 12, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-260 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. o 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 Orders. 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 ___J day of , 20_ Meeting Minutes Cade Special Magistrate Hearings Boynton Beach, Florida January 20, 2016 Obtain a permit for rear sliders that were replaced with double doors. Ms. Springer presented the case, noting there are two cases for this property under two different names. Notice of violation was sent on April 19, 2012. The Code hearing was on June 20, 2012, and no one appeared. Compliance date and fine set was June 30, 2012 or $250 a day. Case came into compliance on October 21, 2014; there were B42 days of non-compliance at $250 a day for a total fine of $210,500 plus administrative costs of $634.12. The property is satisfactory for lien reduction. ' Ms. Springer advised that the former property owners were cited, and a lien placed on the property. Mr. Tobin bought the property in 2012 directly from the Harts and was not aware of the lien (the title company did not see the lien). Ms. Ellis reviewed the facts of the case. Scott Tobin, stated they were not aware of any liens when they purchased the property. They have worked diligently with Code Enforcement getting everything rectified as quickly as possible and hiring licensed contractors. He said they purchased the property for approximately $100,000 and have put about $50,000 into it including a new well, driveway, electrical, sprinkler system, sod, smoke detectors, hurricane windows, etc. Ms. Ellis asked Mr. Tobin what the title company said, and he replied that he had not contacted them yet. Ms. Springer did not have any current photos. Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current lien of $210,500 plus administrative costs of $634.12 reduced to $1,000 plus the administrative costs of $634.12. Case No. 13-260 Property Address: Violation(s): NE Craig Tobin 714 NW 7 Street Boynton Beach Amendments of the Florida Building Code 2010 Edition, 105.1 CO CH13 SECT 13-16 Renew permit to'replace windows that has expired with no approved inspections. Obtain permit for garage enclosure. Obtain Business Tax Receipt for rental property. Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida January 20, 2016 Ms. Springer presented the case, noting there are two cases for this property under two different names. Notice of violation was sent on February 22, 2013. The Code hearing was on April 17, 2013, and no one appeared. Compliance date and fine set was April 27, 2013, or $200 a day. Case came into compliance on October 21, 2014; there were 541 days of non-compliance at $200 a day for a total fine of $108,200 with four inspections at $634.12. Ms. Springer thought this was very similar to the first case. The violations stem from the prior owner. She thought there had been family staying in the property at one point. Scott 'robin, co-owner and brother to Craig Tobin, said he had lived there from the beginning. He said they had to hire contractors, an architect and others to do the work because it was done illegally before they owned the property. Ms. Springer stated that Mr. Tobin let the Code office in to do a Business Tax Receipt inspection .where he did not need one. They finally signed an exemption because it was family living in the house. The building addition was found at that inspection, and it had to be reported to the Building Department, which then triggered this case. Based on the testimony of the City and of the Respondent, Ms. Ellis ordered the current lien of $108,200 plus administrative costs of $634.12 reduced to $500 plus the administrative costs of $634.12. B. Cases to be heard - New Case No. 15-2541 Thosarn LLC Property Address: 125 S Atlantic Drive Type of Property: Single-family home, non -homesteaded Violation(s): CO CH13 SECT 13-7 INC CO CH 13 SECT 13 -16 Apply for and pass inspection for s Business Tax Receipt and Certificate of Use and Occupancy for rental property. Officer Hart presented the case, which was a City Department referral. The initial inspection date was November 9, 2015. This is not a repeat violator. Written notice was issued on November 9, 2015, with 10 days to comply. Date of notice sent Certified Mail was November 30, 2015, and the signed green card was dated December 5, 2015. Date of notice was sent regular mail November 9, 2015. A Business Tax Receipt was applied for 2015, but not for 2016. The property was last inspected on January 19, 2016. The City recommends 10 days, January 30, 2016, or $100 a day. 21 CITY OF BOYAtTON BEACH Petitioner, VS. CRAIG TOBIN Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 13-260 LIEN MODIF'ICAT'ION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on Mu 20.2016, 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, 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 April 17, 2013 on the Property located at 714 Nw. 7a' St. , Boynton Beach, Florida, with the legal description of: LAUREL HILLS 3RD ADD LT 125 die N'/a OF LOT 126, according to the plat thereof as recorded in Plat Book 23 Page 126, of the Public Records of Palm Beach County, Florida, PCN: 0843-45-20-09-000-1250 is REDUCED TO $1.134.12 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 Pahn 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, Pahn Beach County, Florida thisl�/day of 2016. }.N ;. ; @aroID. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: Lam . - L 1,0 i'TY CLERK copies furnin eCl: Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILEED FES 05 2016 CITY CLERK'S OFFICE