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15-1470The CiLy ®r Boonton. Beach Police Department A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard 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 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: July 25, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #15-1470 In accordance with City Ordinance, Chapter 2, Article V, Sec. 2-90, the enclosed "Lien Modification Order" is hereby forwarded to you for review. As required this Ordinance, 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. ❑ 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 C= OF DOYI-Trow BEACH paftioneT, Va. I-AC3' MmSnIENIT LLC Fmpondeat(s). C.—LI Y --r' F-OPYNTON E&A-CZIFLCHd-DA CASE N0. 15-1470 LM. -N--jj1L)j THIS CAUSE came before the, CitY Of HOYntem Beach Gestic Compliance Magistrate on the Respondent's application Ecus bra miuotion on MVII&IL16 , pursuant to Chapter Tvm, Article Five of the Cit r Code of ordinance:6, Ill., Ma trate having considered the VpTication, ail the facts regwding the Specific code or oodes the qppealing party was iso violation o� the date of the origft),-1 Magistr&e he the date the affidavit of compliance mw issue, the Current HW amount aid all p iafbrmLtton relatin, tis GV,' h9mi& csvn and be4 a9mrwist duly advizzd jn'dm p: ;ace, ii h=UP014 is ORDERED AND ADJUDGED` tLat; 1. This MagLatrwa bag subject rzattt-rjurisdiction. of Q=W fir cdon over t1w pc�_ �, �on w tbiE Id uriodi dent 2. The Respondent has met all the ilea reduction procedures established by th4 City Code of Ordinanaes, 3. Tbz I-'= imposed by the Ma�t� On 2Hon the Property located at 280 NE 161" CT, Boynton Beach, Florida, vdth ft legu description of LOT 5 , BLOCK 35, OF ROLLING GREEN RIDGE FIRST ADI)MON, acc-ordiug to the plat thp-reof as recorded in Flat Book 24, Page 223, of tho Public Rjwcordff ofilm Reach County, Fjorj4 rlCN7- (78-4345-I&W035-00SO is 4. T&- City al -an prepare a release arej REtisfEwgian consistent with this CWer. S. Tim release rand satisfaction shall be recorded in the public records of Palm Beach, Counly at the RuTondent, C. Mpa[1,04. 6. This Ord,--- is riot fmv-1 until the time period for knpe.Ll Under the Code hu elapsed Wid if appezW is properly dispo,sed by tho City CommisgjwL 7. In ft event that tho property owner does not c0mP)Y with the Magistrate's order, as approved or modified by the City Commissioli, vAtbia ninety (90) dEyE Of Commis"doze 9 action, the Lien Rzducfd= Ordw shall be of no tether force Or effW1, and the origind lien &han renwin on, th-, property. 140 cxtensicns Of the nin(90) day period shall be permitted, and no fin tim action by the Coda Complianze JNfEV'strm or the C* COmrUission shsll be permitted regarding Hen reduction. DOIZ AND ORDEP-ED Eftw Daring at City of Boynton Beach, Palm Beech County, FloTW this 10 ( day of 6 ATTEST: y Y CLLERY,.�- e-T. 01 —PICS nums., a, Honorable Mayor and the City conmission City Attorney City Clerk Respondent Carol D. Ellis CODE CONIPLLAOICE MAGISTRATE JUL 25 20'If CITY CLERK'S OFFICE Meeting Minutes Code Special Magistrate Bearings Boynton Beach, Florida May 18, 2016 Case No. 15-1470 Property Address: Violation(s): MCJ Investment LLC 280 NE 16 Court CO CH10 SECT 10-56 (B) CO CH10 SECT 10-56 (D) CO CH15 SECT 15-120 (D) INC CO CH10 SECT 10-59 (D) Install four -inch address numbers on building. Remove outside storage. Remove trash and debris. Replace all missing and broken windows, permits required. Remove tarp and repair or replace roof, permits required. Repair or remove chain link fence. Replace all missing tom soffit screens. Replace and paint all damaged fascia. Cap all open electric. Officer Hart presented the case. Violation date was June 18, 2015. Magistrate hearing and date was September 16, 2015, and Emmanuel Memnon appeared. The compliance date on the first order was September 21, 2015, or $250 for house numbers. Complied, no fine. The second order was October 16, 2015, or $250 a day. The second order complied on April 12, 2016. There were 178 days of non-compliance for the second order at $250 a day for a total of $44,500. There were 3 inspections for a total administrative cost of $538.09. The City was first requested to begin the lien reduction process on January 13, 2016. An inspection was conducted on February 23, 2016, with several violations noted, including the need for a permit for the fence. The second inspection was done on April 12, 2016, and the Code violations were corrected. There were outstanding water bills in excess of $700, which have been paid. In addition, the 2015 property taxes were owed, but were paid on May 18, 2016. At this time, all issues have been resolved. Emmanuel Memnom, owner of MCJ, explained they fixed the fence right away, but people kept breaking it down. Every time he fixed something, it would be broken. He spoke of the difficulties getting the inspection set up, and then the violations discovered at that time. After he fixed those violations, he found out he needed the permit, and the survey took time. His intention was to comply, but there were obstacles along the way. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,500 plus administrative fees of $538.09. 11