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04-1917L TOO TITIZO-Vi Police De aitment "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (56I) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX.- (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: March 14, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #04-1917 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. a 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 Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 door and driveway. Repair damaged soffit. Replace sprinkler pump. Gate to be self -latching. Secure property at all openings. Ms. Springer presented the case. Notice of violation was sent on July 25, 2012. The Code hearing was on October 17, 2012, and Marjory Levine, attorney, for the bank, appeared. Compliance date and fine set was October 27, .2012, or $350 a day. Case came into compliance on September 27, 2013; there were 334 days of non-compliance at $350 a day for a total lien of $116,900 plus administrative fees of $634.12. Ms. Springer said she met with the management company in 2013, going through several Inspections. She gave them a list of items needing repair. At the end of 2015, she was contacted by Mr. Mickley, who asked about the lien reduction process if he were to purchase the property. He purchased the property and the bank did some repairs. It came into,compliance on January 6, 2016, to be eligible for lien reduction. Eric Mickley; current owner, said he became aware of the lien after the offer to purchase was already made. They made repairs to bring the property into compliance. He provided a list of repairs, noting he spent approximately $5,000 fixing them. He paid $90,000 for the property and is currently living there. Decision Based on the testimony, Ms. Ellis reduced the lien of $116,900 to $1,500 plus $634.12 of administrative costs. Ms. Springer said the next two cases are for the same property. Case No. 04-1917 Stewart L. Aldrich & Sheila R. Aldrich Property Address: 409 SW 5 Avenue Violation(s): CO CH10-2 CO CH 15 ART 9-15-120 (D) INC Mow overgrown yard and lot. Trim ali trees and hedges. Remove trash and debris. install driveway or define it. Raise canopy of trees at least 10 feet from the ground, Ms. Springer presented the case. Notice of violation was sent on August 13, 2004. The Code hearing was on November 17, 2004, and no one appeared. Compliance date and fine set was December 17, 2004, or $25 a day. Case came Into compliance on 17 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida February 17, 2016 February 5, 2016; there were 4,066 days of non-compliance at $25 a day for a total lien of $101,650 plus administrative fees of $730.15. Ms. Springer said they inspected on December 28, 2015, and found they were not in compliance on a number of items. It was re -inspected on February 22, 2016, and everything was satisfactory for lien reduction. Ms. Springer presented photos. John Lewis, owner, stated the photos were an accurate representation of his property. He mentioned they bought the property from an elderly woman who did not have the means to maintain it. He paid $120,000 for the property in July of 2015, and made all the repairs. They are in the process of fixing up the property and plan to sell it for around $190,000. , Decision Based on the testimony, Ms. Ellis reduced the lien of $101,650 to $1,500 plus $730.15 of administrative costs. Case No. 14-1381 Shelia R. Aldrich Property Address: 409 SW 5 Avenue Violation(s): CO CHI SECT 15-120 (D) INC Mow overgrown yard. Remove trash and debris from front, side, and rear areas. De -weed and define driveway. Ms. Springer presented the case. Notice of violation was sent on June 9, 2014. The Code hearing was on August 20, 2014, and no one appeared. Compliance date and fine set was August 30, 2014, or $50 a day. Case came into compliance on February 5, 2016; there were 523 days of non-compliance at $50 a. day *for a total lien of $26,150 plus administrative fees of $634.12. Decision Based on the testimony, Ms. Ellis reduced the lien of $26,150 to $1,000 plus the $634.12 of administrative costs. B. Cases to be Heard — New Case No, 16-135 Anworth Properties Inc. Property Address: 1609 NE 1 Street Type of Property: Single-family home, not homesteaded Violation(s): CO CH13 SECT 13-16 CO CH13 SECT 13-7 INC CO CHI SECT 15-120 (D) INC 18 CITY OF BOYNTON BEACH, FLORIDA. CITY OF BOYNTON BEACH Petitioner, vs. CASE N0, 04-1917 STEWART S. ALDRICH & SHEILA R. ALDRICH 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 January 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: 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 November 17, 2004 on the Property located at 409 SW 5`h Ave., Boynton Beach, Florida, with the legal description of: FOREST PARK HEIGHTS LT 13 & W 3 FT OF LT 14, according to the plat thereof as recorded in Plat Book 25, Page 32, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-25-000-0130 is REDUCED TO 52,230.15. 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. �avDONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this J&y of , 2016 Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: C TY CLERK xwolam - copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent 1 Clio( 04.ERK'8 OFFICE