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13-244The Cftu j ofBounton 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 27, 2016 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-244 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) o 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_. CITY OF BOYNTON BEACH Petitioner, VS. KHADI WURIE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 13-244 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 JUNE 19, 2013 the Property located at 4 LAS SENDAS., Boynton Beach, Florida, with the legal description of: DOS LAGOS LOT 4, according to the plat thereof as recorded in Plat Book 43, Page 24, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-17-01-000-0040 is REDUCED TO $ 2,634.12 The City shall prepare a release and satisfaction consistent with this Order. 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 ZOday of 7 2016. CLERK- copies LERK- copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent 1 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. 13-244 Dos Lagos Homeowners Assoc Property Address: 4 Las Sendas Violation(s): CO CH 10 SECT 10-56 (C) CO CH 10 SECT 10-56 (D) Secure pool, repair all fence sections and gates to ensure pool is secure and repair pool screen enclosure. Mr. Yannuzzi presented the case. Violation date was February 22, 2013. Magistrate hearing and date was April 17, 2013, and no one appeared. The compliance date was April 24, 2013, or $500 a day. Date complied was June 17, 2013. There were 53 days of non-compliance at $500 a day for a total of $26,500. There were 4 inspections for a total administrative cost of $384.12, and affidavit filing costs of $250 for a total administrative cost of $634.12. One inspection was done for lien reduction. The first request for lien reduction was on May 10, 2016. There were no water bills, property taxes, or other fees due the City. An inspection was done on May 17, 2016, and all was complied. There are no other issues. Jessica Saenz, on behalf of the Association, presented a notarized letter authorizing her to present the Association. Ms. Saenz reported that the Association recently acquired the property and is in the middle of short sale. They did not realize there were outstanding issues until they did the search and the title company revealed the matter. They applied for a Certificate to rent the property, and the tenant repaired the issues. Ms. Saenz stated there is a tenant now who has a Business Tax Receipt and a Certificate of Use, although Mr. Yannuzzi wondered how that could be done while there was a lien on the property. Decision Based on the testimony, Ms. Ellis reduced the lien to $2,000 plus the $634.12 in administrative costs for a total of $2634.12. 21