15-2551Date:
To:
From
RE:
The Crtu ofBouruffon Beach
P67ice Depaitment .
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
July 27, 2016
City Commission
Code Compliance Division
Code Compliance Case #15-2551
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
on
d
CITY OF BOYNTON BEACH
Petitioner,
VS.
ADALWIN LLC
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 15-2551
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 FEBRUARY 17, 2016 the Property located at 1611 NW 1' CT.,
Boynton Beach, Florida, with the legal description of:
LOT 6, BLOCK 40 ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof as recorded in Plat Book
24, Page 223, of the Public Records of Palm Beach County, Florida,
PCN: 0843-45-16-01-040-0060 is REDUCED TO-$ 2,730.15
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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 7-01ay of
J(t[bi ,2016.
ATTEST:
&
MOM /
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
.y -
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
JUL 2 5 2016
CITY CLERK'S OFFICE
Meeting Minutes
Code Special Magistrate Hearings
Boynton Beach, Florida June 15, 2016
Case No. 15-2551 Adalwin LLC
Property Address: 1611 NW 1 Court
Violation(s): CO CH13 SECT 13-7 INC
CO CHI SECT 13-16
Obtain of Certificate of Use and a
Business Tax Receipt for rental
property.
Mr. Yannuzzi presented the case. Violation date was November 10, 2015. Magistrate
hearing and date was January 20, 2016, and Julie Hynds appeared. The compliance
date was January 26, 2016, or $500 a day. Date complied was March 7, 2016. There
were 41 days of non-compliance at $500 a day for a total of $20,500.
There were 5 inspections for a total of $408.15 plus the affidavit filing cost of $250 for a
total administrative cost of $730.15. Two inspections were done for the lien reduction.
Mr. Yannuzzi stated that the City was first contacted on March 14, 2016. There were no
outstanding water bills, property taxes, or other monies owed to the City. An inspection
had just been done for the Business Tax Receipt and Certificate of Use and was
complied on March 7, 2016. He noted this was a companion case to the previous case,
Case No. 15-1466. There were no other issues.
Julie Hynds, representing Adalwin LLC, stated they had applied for the Business Tax
Receipt in the weeks prior to the January 20, 2016, hearing. It was received on January
13, 2016, but they still needed to schedule the inspection. The inspection was on
January 27, 2016, and the results were available on January 29, 2016. There were four
items to correct, and the items took several weeks to correct. Re -inspection was
scheduled at the end of February. They complied the four items required from the
landlord inspection, but then the other case, Case No. 15-1466, was discovered. It was
complied on March 7, 2016. She stated they repaired the fence and the replacement
cost was about $8,000.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus the $730.15 in
administrative costs for a total of $2,730.15.
22