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08-18Police Department `A CFA Accredited Law EnforcementAgency'� 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 #08-18 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". l• , 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, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 08-18 MARIO CASTILLO AND YOHAIRA 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, 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. 16, 2008 the Property located at 1503 NE 2' CT., Boynton Beach, Florida, with the legal description of: 1sT 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 $ 1.730.15 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Zo day of 2016. ATTEST: I Y CLERK—�ivAer-, opies famished: Honorable Mayor and the City Commiss: City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE JUL 2 5 2016 CITY CLERK'S OFFICE Fleeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida June 15, 2016 Case No. 08-18 Mario Castillo & Yohaira Castillo Property Address: 1503 NE 2 Court Violation(s): CO CHI ART 9 SECT 15-120 (D) INC Boynton Beach Amendments of the Florida Building Code, 2004 Edition, 105.1.1 Remove openly stored items from carport. Remove roofing materials and equipment from rear yard. Permit needed for shed. Mr. Yannuzzi presented the case. Violation date was January 3, 2008. Magistrate hearing and date was March 19, 2008, and no one appeared. The compliance date was March 29, 2008, or $100 a day. Date complied was June 10, 2008. There were 72 days of non-compliance at $100 a day for a total of $7,200. There were 5 inspections for a total administrative cost of $480.15, and affidavit filing costs of $250 for a total administrative cost of $730.15. Two inspections were done for lien reduction. The lien reduction came in on March 21, 2016. There were no outstanding water bills, property taxes, or other monies due 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 were complied Mr. Yannuzzi noted there is a companion case to this one, Case No. 10-3611. Brandon Weitzman, attorney for Mr. and Mrs. Castillo, advised that their delay in responding was because of personal and financial hardships due to a separation. Ms. Castillo was living out of State, and they complied as quickly as they could. Mr. Weitzman explained they owned the home since the original violation, and they are trying to resolve liens before possibly selling the home. The property is valued at $100,000, and Zillow said it was worth $136,000. Mr. Yannuzzi said this case came into compliance in less than three months in 2008. Mr. Weitzman described the circumstances leading into the next case. Decision Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. W]