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16-180The U�P-U of Boyntan Beach Police Department A CFA Accredited Law Enforcem,entAgency" 100 B. 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 27, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #16-180 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". 1, , 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_ CITY OF BOYNTON BEACH Petitioner, VS. SANSEVIERIA INVESTMENTS INC. Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 16-180 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, 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 20, 2016 the Property located at 3504 SE 2ND ST., Boynton Beach, Florida, with the legal description of: THE WESTERLY 72.5 FEET OF LOTS 15 AND 16, BLOCK 7, GULF STREAM ESTATES PLAT NO. 2, according to the plat thereof as recorded in Plat Book 13, Page 51, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-04-04-007-0152 is REDUCED TO $ 1,634.12 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Z-0/�day of , 2016. Carol D. Ellis CODE COMPLIANCE MAGISTRATE raf.11Y CLERK --7,v )4r copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent ,UL 25 AU CITY CLERK'S o ffICE Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 16-180 Sansevieria Investments Inc Property Address: 3504 SE 2 Street Violation(s): CO CH 13 SECT 13-6 Obtain a Business Tax Receipt and a Certificate of Use for the rental property. Mr. Yannuzzi presented the case. Violation date was January 21, 2016. Magistrate hearing and date was March 16, 2016, and no one appeared. The compliance date was March 26, 2016, or $100 a day. Date complied was May 25, 2017. There were 59 days of non-compliance at $100 a day for a total of $5,900. There were 4 inspections for a total of $384.12 plus the affidavit filing cost of $250 for a total administrative cost of $634.12. One inspection was done for the lien reduction request, which was initiated on May 16, 2016. There were no outstanding water bills, property taxes, or other monies owed to the City. Upon inspection, it was found that a water heater had been installed without a permit, which has since been obtained and finaled. There are no other issues. Mark Shuler, owner, stated that he purchased the home with the water heater in. When he found-# there was a violation, he made every attempt to cure it as quickly as possible, but did not realize the urgency. Decision Based on the testimony, Ms. Ellis reduced the fine to $1,000 plus the $634.12 in administrative costs for a total of $1,634.12. 24