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12-1381Police Department "A CFA Accredited Law Enforcement Agency" I00 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Kato Chief of Police Code Compliance Division Phone. (561) 742-6120 FAX (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM NDUM Date: March 14, 2016 To: City Commission. From: Code Compliance Division RE: Code Compliance Case #12-1381 1 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) a 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, ❑ 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 Cade Special Magistratd Hearings Boynton Beach, Florida February 17, 2016 Based on the testimony Ms. Ellis reduced the lien of $47,700 to $1,500 plus the administrative costs of $634.12. Case No. 14-511 IH2 PROPERTY FLORIDA LP Property Address: 424 NE 15 Court Violation(s): CO CHI SECT 13-16 CO CH15 SECT 15-120 (INC) Apply for and pass inspection for Business Tax Receipt for rental property. Mow, weed, trim overgrown yard and swale areas. Remove trash and debris. Ms. Springer presented the case. Notice of violation was sent on March 14, 2014. The Code hearing was on May 21, 2014, and no one appeared. Compliance date and fine set was May 31, 2014, or $200 a day. Case came into compliance on January 29, 2015; there were 242 days of non-compliance at $200 a day for a total lien of $48,400 plus administrative fees of $634.12. Ms. Springer .stated she was contacted in February 2015 and found a multitude of violations which prevented the inspection from passing. It was discovered later that one of the bedroom air conditioning units was not functioning properly, and one bedroom window did not open. The property was re -inspected in September, but they could not access the rear of the property. Inspection passed on October 8, 2015, but the 2016 Business Tax Receipt had not been paid. When they went out again, they found more issues. It finally passed inspection on January 28, 2016. William Overfelt, with IH2 Properties, said they had resident issues and are waiting on a utility easement for a fence. Decision Based on the testimony, Ms. Ellis reduced the lien.to $1,500 plus administrative fees of $634.12. Case No. 12-1381 Bank of New York Trustee Property Address: 137 SE 8 Avenue Violation(s): CO CH10 SECT 10-51.5 INC Mow weed and trim all overgrowth. Remove outside storage. Replace ripped and missing screens. Replace missing windows. Repair concrete over 16 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. 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 & Shelia R. Aldrich Property Address: 409 SW 5 Avenue Violation(s):, CO CH 10-2 CO CH15 ART 9-15-120 (D) INC Mow overgrown yard and ' lot. Trim all 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 CITY OF BOYNTON BEACH Petitioner, VS. BANK OF NEW YORK TRUSTEE Respondent(s), CI'T'Y OF BOYNTON BEACH, FLORIDA CASE NO. 12-1381 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 afEdavit 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 October 17, 2012 on the Property located at 137 SE 8`" Ave.. Boynton Beach, Florida, with the legal description of- BOWERS fBOWERS PARK E''/2 OF LT 21 & LT 22 BLK 17, according to the plat thereof as recorded in Plat Book 11, Page 57, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-12-017-0211 is REDUCED TO 52,134.12, 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. D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2016. 4-lu ATTEST: r ITY CLERK4-1- r'l� tcmpies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE MAR C a 201 C11Y CLERK'S OFFICE