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10-3611 - Maria & Yahaira CastelloPolice Department "A CWA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chiefof Police Code Compliance Division Phone: (561) 742-6120 FAX- (561) 742-6838 Date: July 27, 2016 To- City Commission From: Code Compliance Division RE: Code Compliance Case #10-3611 In accordance with it Ordinance, Chapter 2, Article V, Sec. 2-90, the enclosed "Lien Modification Order" is hereby forwarded toyou for review. As required this Ordinance, the following procedures are to be followed: u 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) M 111IIIIIIIIIIIII!IWINUENII.N11 - 0. # I �11 *� - 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 Off Gtrtpnijm.*�7 Agenda for review. Signed on this date, the dav of 20 CITY OF BOYNTON BEACH, FLOREDA CITY OF BOYNTON BEACH Petitioner, V& CASE NO. 10-3611 MARIO CASTILLO AND YC HAIRA CASTILLO 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 JUNE 15,201_6., pursuant to ChapterTwo, 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 APRI,,,. 20.2011 the Property located at 1503 NE 2 ND CT.� IST Boynton Beach, Florida, with the legal description of ADD TO ROLLING GREEN LT 12 BLK 15, according to the plat thereof as recorded in Plat Book 24, Page 86, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-02-015-0120 is REDUCED TO $ 5.634.12 4. The City shall prepare a release and satisfaction consistent with this Order. 5The 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 her 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 Beach County, Florida this day of -:D�A,t/ 2016. 0 w. Carol D. Ellis CODE COMPLIANCE MAGISTRATE D a 2 kCIE Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida- June 15, 2016 Case No. 10-3611 Mario Castillo & Yohaira Castillo Property Address: 1503 NE 2 Court Violation(s)- CO CH13 SECT 13-16 Renting unit without first obtaining a Business Tax Receipt, 2 total administrative cost of $634.12. There were also two inspections done for lien reduction request. The first request was on March 21, 2016. There were no outstanding water bills, property taxes, or other monies due to the City. An inspection was done on March 24, 2016, and numerous violations were discovered. A re -inspection was done on May 26, 2016, and all issues complied. Brandon Weitzman, attorney for Mr. and Mrs. Castillo, stated that personal and financial hardships (namely the divorce) prevented them from appearing earlier. Th,;, divorce resulted in them not communicating for several years. Mr. Castillo remained on the property. On the day of the lien reduction hearing, a statement was made regarding Mr. Castillo's cousins living on the premises that resulted in them being removed from the lien reduction hearing. The case sat dormant for three years. He believed they did not appear because there was no communication and they did not understand the severity of the proceedings, and they thought they were in compliance. The unit was never rented out — it was family members living there. He had made a statement that the cousins were assisting in paying the mortgage, which was incorrect. They had been co -habiting. ffir. I!Veitzman presented some items from the file pertaining to whether the property was rented. Ms. Ellis asked if the property had been homesteaded throughout the time. Mr. Weitzman noted it was homesteaded in 2008, but possibly removed within the last two years. The property was vacated in early 2014. Mr. Yannuzzi said that once they engaged with the City, they did whatever they could do in a timely manner. ET= Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus the administrative costs of $634.12. ME