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15-2252 - 3600 Old Boynton RoadC"d CbNyL &w DiEdabn Fhow.- (561) 742-6120 FAM (552) 74P,038 Date- October 27, 2016 TO. City Commission From: . 5 a: r' Compliance ! ' , S , (• n RE: Code Compliance Case # 15-2252 21 the following procedures are to be, followed: a The City Commission shall direct staff to take action canubtent with their review of the "Uen Modificafion Order. i_ is _ " �'?���v.�` �'• (, } �.� _, � �•�;,,•'� 11 CITY OF BOYNTOW BEACH Potitioner, vs. HCRA PROPERTIES I LLC JACK E Respondent(s). CASE NO. 15-2252 W419"W4301 At, i, ,1 "lis - THIS CAUSE came before the City of Boynton Beach Code Compliance Wgistmte on the Respondent's application for lion reduction on Gatober 19° 2016 e o the City Code Ordinances. , pursuant to Chapter Two, Article Five f C of d The Magistrate having considered the applications all the fads regarding the specific code or codes the appealing party was in violation of, the date of the original 1%4'agistrate hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific me and being otherwise duly advised in the, promises, it is hereupon, ORDERED AND ADJUDGED that 1. This Viagistrate has subject mater jurisdiction of tbfs came and jurisdiction over the Rapoadent. 2. The Respondent has met all the Um reduction procedures established by dw City Code of Ordinances. 3, The lion imposed by the Magistrate on bdX3gLQ_16 on the Property located at 900 Boynton Beach, Florida, with the legal description of, TRACT 54, OF THE SUBDIVISION OF SECTIO14 19, TOWNSHIP 45 SOUTH RANGE, 43 EAST according to the plat thereof as recorded in Plat- Book 7, Page 19, of tho Public Records of Palm Beach County, Florida, PCN: 08-43-45-19-05-053-0030 is RRDUgE_D IQ V_30.15 4. The City shall prepare a release and satisfwtiOn COUSWOW 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 appoal under the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property oymar does not comply with the Nigistrvte's order, as approved or modified by the City Corarrilssion, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no further force or affect, and the original lion -hall remain on the property. No extensions of the ninety (90) day period shell be parmitted, and no further action by the Cads Complimce MagistmW or the City Commission shall be parraitted roguding licit reduction. ORDERED &&r hearing, at City of Boynton Beach, Palm Beach County, Florida this day of 20, 16. 'CIO ow. Cayol D. Ellis CODE COWLIANCE MAGISTRATE ATTEST: c I CLE C2pies furnished: Honorable, Mayor and the City Commission City Attorney City Clark Respondent +i The CityoEBoUnnton Beaacch. 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: April 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-100 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 20 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 d. Lien Reductions Case No. 11.1829 AmTrust Bank 3220 E. Palm Drive Diane Springer, Code Compliance Manager, presented the case. The Notice of Violation was sent on July 14, 2013, regarding foreclosure property registration and mowing. The case was heard on September 21, 2011, and no one appeared. The compliance date and fine was October 1, 2011, or a fine of $150 a day would be imposed thereafter. The violations were corrected on November 1, 2012, accruing a total fine of $59,400 plus administrative costs. Ms. Springer was contacted by an attorney in August 2014, for a lien reduction inspection and on August 22, 2014, she provided him a list of items that needed to be addressed. In January 2015, she was again contacted for a re -inspection. All the violations were corrected but there was an outstanding water bill for $331.24 which was later paid Attorney Sandy Teixeso, representing the Respondent, requested a lien reduction. She explained it was a foreclosure which commenced in October 2010. The residence was previously occupied. She understood the property was not registered which explained why it was not in compliance for so long. AmTrust Bank was a failed bank and there was loan servicer change. When the new bank took over, they paid the registration fee on April 19, 2012. She requested a fee reduction. The total fine was over $59,400 and she advised title was not issued until June 2014, Motion Based on the testimony, Ms. Ellis reduced the lien to $3,000 plus the $634.12 in administrative costs. Case No. 12-100 BAC Home Loans Servicing LP 80 Baytree Circle Ms. Springer presented the case. The Notice of Violation was January 24, 2012, which pertained to foreclosed property registration and building repairs. The case was heard on April 18, 2012, and Mr. Hyman appeared. There were two orders issued: one to secure the property and register it by May 3, 2012, or a fine of $150 a day would be imposed thereafter, and the second order was to correct the remaining violations by June 17, 2012, or a fine of $500 a day would be imposed thereafter. The violations were corrected by February 18, 2015. The first order was out of compliance for 1,020 days having a total fine of $150,000 and second order was out of compliance for 975 days at $500 a day totaling a fine of $487,500 plus administrative costs $730.15. Ms. Springer was contacted in 2012 for an inspection and none of the violations were corrected. She sent photos to the person who requested the inspection. She was contacted again in March 2014 and a partial list of violations was provided but the Respondent could not gain access to the rear yard. When contacted in February 2015, the property was inspected and all complied. There was a water bill that was paid 13 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 Joseph Hyman, representing Cory Edwards, the listing agent for Keller Williams who had the property for about a year, was present. All had complied and they want to proceed with closings. He requested a reduction and announced they have a buyer. The purchase price was unknown and Bank of America was still the owner. He did not know how much was spent in repairs. The inside was remodeled and the outside had work done. Ms. Springer had photographs she showed to the Respondent and Ms. Ellis. Mr. Hyman advised his boss was aware of the fine. Decision Based om the testimony and what was presented Ms. Ellis reduced the liens. Each lien would be $5,000 plus the administrative costs. Case No. 14-1424 Fetlar LLC 2084 SW 13th Terrace Ms. Springer presented the case. The Notice of Violation was sent on June 12, 2014, regarding a Business Tax Receipt inspection. The case was heard on August 20, 2014. Krishwa Ramnanan appeared and the compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on February 12, 2015, having 17 days of non-compliance at $500 a day, for a total fine of $85,000 plus $634.12 in administrative fees. Ms. Springer was contacted in February for a lien reduction inspection. No violations were found and there was only a $27 water bill that had to be paid. Leal Boggs, Code Compliance Director, for Fetlar, explained when they appeared in August, they applied for the Business Tax Receipt, but the property was occupied. There was air conditioning that needed to be finalized. Ms. Springer explained they ascertained there was an air conditioner that was installed without a permit. They had to obtain the permit and have the permit finalized before the ,Business Tax Receipt inspection could occur. Ms. Boggs explained with an occupied home, they had to contact the tenant and coordinate with the Code Officer. The holidays also delayed the m atter. Decision Based on the testimony given, Ms. Ellis reduced the $85,000 fine to $15,000 plus administrative fees of $634.12. Case No. 10-3323 Bank of New York 1 Cambridge Place Ms. Springer presented the case. The Notice of Violation was sent November 19, 2010, regarding a fence repair. The case was heard on January 19, 2011, and no one appeared. The compliance date and fine was January 29, 2011, or a fine of a $150 would be imposed thereafter. The violations were corrected on .November 24, 2011, 14 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 12100 RAC HOMES LOANS SERVICING LP Respondent(s). 2na LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on March 18, 2015, 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 duty 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 metal[ the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on April 18, 201 on the Properly located at 80 Bavtree Cir., Boynton Beach, Florida, with the legal description of: MEADOWS 300 PL NO 1 LT 90 BLK B, according to the plat thereof as recorded in Plat Book 43, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-01-002-0800 is REDUCED TO $5,730.15. 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 Coultty, Florida this day of 2015. , Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CITY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent The City ® BoUnton Beach Police Department "A CTA Accredited Law Enforcement Agency" 100 E. Boynton Beach Bouleuard 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: April 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3323 In accordance,with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: o 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_. Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 Joseph Hyman, representing Cory Edwards, the listing''agent for Keller Williams who had the property for about a year, was present. All had complied and they want to proceed with closings. He requested a reduction and announced they have a buyer. The purchase price was unknown and Bank of America was still the owner. He did not know how much was spent in repairs. The inside was remodeled and the outside had work done. Ms. Springer had photographs she showed to the Respondent and Ms. Ellis. Mr. Hyman advised his boss was aware of the fine. Decision Based om the testimony and what was presented Ms. Ellis reduced the liens. Each lien would be $5,000 plus the administrative costs. Case No. 14-1424 Fetlar LLC 2084 SW 13th Terrace Ms. Springer presented the case. The Notice of Violation was sent on June 12, 2014, regarding a Business Tax Receipt inspection. The case was heard on August 20, 2014. Krishwa Ramnanan appeared and the compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on February 12, 2015, having 17 days of non-compliance at $500 a day, for a total fine of $85,000 plus $634.12 in administrative fees. Ms. Springer was contacted in February for a lien reduction inspection. No violations were found and there was only a $27 water bill that had to be paid. Leai Boggs, Code Compliance Director, for Fetlar, explained when they appeared in August, they applied for the Business Tax Receipt, but the property was occupied. There- was air conditioning that needed to be finalized. Ms. Springer explained they ascertained there was an air conditioner that was installed without a permit. They had to obtain the ' permit and have the permit finalized before the Business Tax Receipt inspection could occur. Ms. Boggs explained with an occupied home, they had to contact the tenant and coordinate with the Code Officer. The holidays also delayed the matter. Decision Based on the testimony given, Ms. Ellis reduced the $85,000 fine to $15,000 plus administrative fees of $634.12. Case No. 10-3323 Bank of New York 1 Cambridge Place Ms. Springer presented the case. The Notice of Violation was sent November 19; 2010, regarding a fence repair. The case was heard on January 19, 2011, and no one appeared. The compliance date and fine was January 29, 2011, or a fine of a $150 would be imposed thereafter. The violations were corrected on November 24, 2011, 14 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 having 267 days of non-compliance, and accruing a fine of $40,500 plus administrative fees of $634.12. Ms. Springer was contacted in November 2014.The applicant had to replace or repair numerous items regarding exterior violations, and registering a foreclosed property, There was also an outstanding water bill. She was contacted by a realtor in December, and there were still outstanding violations. She was again contacted in January, and the sliding door screen was missing. In February, the realtor contacted her, and the inspection found hurricane rails were stored in the backyard. All was addressed and the property was not eligible. Amber Ashtan, on behalf of the Bank of New York, explained they obtained the property through the foreclosure process. They received the title in August 2014, 'but did not obtain possession until the end of December. The homeowner performed a foreclosure, had possession of the property and placed a tenant in the home. They contacted Ms. Springer in December for the lien reduction process, but there were multiple issues. The property complied by the end of January. They paid $15,000 in repairs and the utility bills were paid. She requested a lien reduction, and when finished, the sale would close. Decision Based on the testimony presented, Ms. Ellis reduced the $40,050 lien to $2,000 plus $634.12 administrative fees. There were no respondents Case No. 15-136 Property Address: Violation(s): 15 Bible Church of God 1390 N. Seacrest Blvd. CO CH9 ART II, SEC 9-22 (C) CO CH9 NFPA 101.13.3.4; 9.2.3.; 7.2.1.7.1;7.2.1.5.1;7.9.2.3.;7.10.1.2.1 CO CH9 NFPA 1 13.6.9.1.1.; 11.1.6.1.; 50.5.2.;11.1.2. Provide required fire alarm system as originally cited in 2010, fire extinguishers expired, cooking hood system not maintained, power cord not grounded, secure loose panic hardware installation on SE Sanctuary Exit Door, repair egress doors to readily open, southeast egress hallway and dining room, emergency light not working, exit sign to be visible from any direction, exhaust hood not cleaned or inspected, CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 10-3323 BANK OF NEW -YORK 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 March 18, 2015, 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 lite 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 lies 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 January 19, 2011 on the Property located at I Cambridge Pl., Boynton Beach, Florida, with the legal description of.- BOYNTON f:BOYNTON LAKES PL 2 LT l BLK 19, according to the plat thereof as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-08.05.019-0010 is REDUCED TO $2,634.12. 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 f'or 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 atter hearing at City of Boynton Beach, Palm Beach County, Florida this 1" day of l , 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CITY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent The City o, Boynton Beach Police Department "A CFA Accredited Law Enforcement Agency" 1.00 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: April 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-1424 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 , 20_ Meeting Minutes . Code Compliance Hearings Boynton Beach, Florida March 18, 2015 Joseph Hyman, representing Cory Edwards, the listing agent for Keller Williams who had the property for about a year, was present. All had complied and they want to proceed with closings. He requested a reduction and announced they have a buyer. The purchase price was unknown and Bank of America was still the owner. He did not know how much was spent in repairs.. The inside was remodeled and the outside had work done. Ms. Springer had photographs she showed to the Respondent and Ms. Ellis. Mr. Hyman advised his boss was aware of the fine. Decision Based om the testimony and what was presented Ms. Ellis reduced the liens. Each lien would be $5,000 plus the administrative costs. Case No. 14-1424 Fetlar LLC 2084 SW 13th Terrace Ms. Springer presented the case. The Notice of Violation was sent on June 12, 2014, regarding a Business Tax Receipt inspection. The case was heard on August 20, 2014. Krishwa Ramnanan appeared and the compliance date and fine was August 25, 2014, or a fine of $500 a"day would be imposed thereafter. The violations were corrected on February 12, 2015, having 17 days of non-compliance at $500 a day, for a total fine of $85,000 plus $634.12 in administrative fees. Ms. Springer was contacted in February for a lien reduction inspection. No violations were found and there was only a $27 water bill that had to be paid. Leal Boggs, Code Compliance Director, for Fetlar, explained when they appeared in August, they applied for the Business Tax Receipt, but the property was occupied. There was air conditioning that needed to be finalized. Ms. Springer explained they ascertained there was an air conditioner that was installed without a permit. They had to obtain the permit and have the permit finalized before the Business Tax Receipt inspection could occur. Ms. Boggs explained with an occupied home, they had to contact the tenant and coordinate with the Code Officer. The holidays also delayed the matter. Decision Based on the testimony given, Ms. Ellis reduced the $85,000 fine to $15,000 plus administrative fees of $634.12. Case No. 10-3323 Bank of New York 1 Cambridge Place Ms. Springer presented the case. The Notice of Violation was sent November 19, 2010, regarding a fence repair. The case was heard on January 19, 2011, and no one appeared. The compliance date and fine was January 29, 2011, or a fine of a $150 would be imposed thereafter. The violations were corrected on November 24, 2011, 14 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 14-1424 FETLAR LLC 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 March 18, 2015, 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: I. This Magistrate has subject matierjurisdiction 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 August 20, 2014 on the Property located at 2084 SW 13" Ter., Boynton Beach, Florida, with the legal description of: PALM BEACH LEISUREVILLE SEC 8 LT 8 BLK 75, according to the plat thereof as recorded in Plat Book 29, Page 180, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-29-13-075-0080 is REDUCED TO $15,634.12. 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. S. 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 1 day of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CITY CLERK copies fvmished; Honorable Mayor and the City Commission City Attorney City.Clerk Respondent The City of Boynton 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: (56I) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: March 10, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-207 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: ❑ A City Commissioner has seven (7) days from the rendition of the Order to request the City Managers 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 , 20_. Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Pierre had photographs he showed to Ms. Morris reflecting the window that still needed to be fixed. Decision Ms. Ellis ordered a 10 -day compliance deadline of February 28, 2015, or a fine of $100 a day would be imposed thereafter. Case No, 14.2475 JP Morgan Chase Bank 125 NW 6th Avenue Officer Shickles recommended no fine for this case. The violations were corrected. Decision Ms. Ellis so ordered. Case No. 10-207 Sunshine Investment Group LLC 201 SE 22nd Avenue Ms. Springer reviewed the Notice of Violation for this case was sent January 26, 2010, regarding a Business Tax Receipt and to remove outside storage from the front yard. The case was heard on March 17, 2012 and no one appeared. The compliance date and fine set by the Board was to correct the violations by March 27, 2010, or a fine of $150 a day would be imposed thereafter. In June 2012, Ms. Springer was contacted by the owner for a lien reduction inspection. The officer found a drain pipe that needed to be repaired, outside storage, the gate to the pool was not self -latching, outstanding water bills and three years of property taxes that needed to be paid. Ms. Springer was again contacted in August 2012, and only the drainpipe had, been addressed. Additionally, the officer saw the pool needed to be maintained in a sanitary manner. Another re -inspection occurred at the end of August and was in compliance except for the outstanding water bill and property taxes. Ms. Springer did not hear from the owner until October 2014, when the property was put up for sale, Another lien inspection revealed more outside storage, missing outlet covers, there were overgrown hedges, trees and Holly, trash and recycle bins had to be placed out of site, a Business Tax Receipt needed to be renewed, and the outstanding taxes had to be paid. Another re -inspection took place in November and the property was not in compliance. At that time, photographs were sent to Mr. Antoine to show what needed to be done, and he was informed house numbers needed to be posted on the premises. In December, the Code Officers found the soffit screens needed to be repaired and some were installed incorrectly and the property taxes had to be paid. The taxes were paid in January. On February 5, 2015, the property was re -inspected and window screens were needed. The property was re -inspected on February 10, 2015, and part of the chain link fence was removed creating a safety hazard, and two inoperable ire, Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 vehicles were on the property. On February 12, 2015, all was corrected and eligible for lien reduction. Antoine Buissonniere, the property owner, was present and had no comment. Ms. Ellis noted there were many start and stops. He advised there were tenants that were not cooperating and they did not take care of items they were supposed to. He advised in 2012, he did not have the money for the lien reduction. Ms. Springer confirmed compliance was originally achieved in 2012. Decision Based on the testimony by the City, Ms. Ellis reduced the lien to $1,500 plus $634.12 in administrative costs. Case No. 14-2764 Mikel Jean Fills & Jeannette Pierre Property Address: 23 Peachtree Place Violation(s): CO CH4 SEC 4-32 Dogs must be humanely secured to owner's property at all times or on a leash when off the premises. Officer Roehrich presented the case for the above violation. The Respondents were not repeat violators. Notice was sent by certified mail on January 21, 2015. The green card was not returned. Notice was posted at the premises and at City Hall on February 9, 2015. The tenant owns two Rottweilers and they have unlawfully bred the dogs twice, which they were cited for. One dog was aggressive, got out through a hole under the fence, and charged a woman walking a small dog on a leash. A video was available. Officer Roehrich spoke with the owner, but it did not resolve the issue with the tenants. The tenants were continuing to breed the dogs. She requested a Cease and Desist order with a fine of $1,000 per occurrence. A neighbor was available to testify to what she witnessed; however, Ms. Ellis advised it was not necessary. Decision Ms. Ellis issued the Cease and Desist Order, effective February 19, 2015, with a $1,000 per occurrence. Case iso. 15-98 Dave Hargrove Property Address: 146 NW 11 u, Avenue Violation(s): CO CH4 SEC 4-, 4-32, 4-36, 4-37 Dogs must be humanely secured to owner's property at all times or on a leash when off the property. All dogs need County tag and registration, proof 11 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. SUNSHINE INVESTMENTS GROUP LLC Respondent(s). CASE NO. 10-207 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 18, 2015, 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 duty 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 March 17, 2010 on the Property located at 201 SE 22nd Ave., Boynton Beach, Florida, with the legal description of: CRESTVIEW BOYNTON BEACH LT 52, according to the plat thereof as recorded in Plat Book 23, Page 154, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-33-03-000-0520 is REDUCED TO $2,134.12. 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this f ( day of 2015. ATTEST: C TY CLERK copies furnished: Honorable Mayor and City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE MAR 0 6 2014 CITY CLERK'S OFFICE 1 The CiLy of Boynton 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: March 10, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1639 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: o 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. o 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_ Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Case No. 12-1809 SunTrust Mortgage Inc. 660 Renaissance Commons Blvd. No. 2621 Ms. Springer reviewed the Notice of Violation was sent September 13, 2012, pertaining to a Business Tax Receipt for a rental property. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 18, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on January 12, 2014, accruing a total fine of $69,900 plus administrative costs. They only had to register the property with the City's vendor, which they did. Joseph Harmon, representing SunTrust, was present. Ms. Ellis Inquired when the bank took possession of the property and he responded he also represents Keller Williams. They obtained possession about seven or eight months ago. He handles weekly inspections of the home and was unaware anything needed to be done, He requested a reduction and advised it was vacant. Ms. Springer explained SunTrust took possession in February 2011, and there was a tenant at the premises at that time. Mr. Harmon did not know why SunTrust did not send a representative in 2012. Decision Based on the testimony by the City and the Respondent's Representative, Ms. Ellis reduced the lien to $7,500, plus administrative costs, because the bank was the owner since the violation occurred and she did not understand why it took the Bank so long to respond. Case No. 12-1639 Gary Olson 1660 Renaissance Commons Blvd. No. 1217 Ms. Springer reviewed the case pertained to needing a Business Tax Receipt for rental property. The Notice of Violation was sent August 24, 2012. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 3, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on February 4, 2015, having a total fine of $76,100. Ms. Springer advised there was nothing to be done to come into compliance, and it was in compliance when it was inspected. This case was Initiated by the management company, who sent a list of all units rented in the building. Mr. Olson had proof from the management company, his name was sent in error and the unit was not rented. Correspondence was sent to a Boca Raton address listed on the tax rolls, but it was not his address. Gary Olson, the property owner, commented the unit had Chinese drywall and was uninhabitable. The unit was properly repaired through a class-action lawsuit. It was R Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 currently vacant except for items he was storing on the premises and he intended to sell the unit. Ms. Springer advised due to the HOA forwarding their name to the City, staff may have cited him in error. The item had to be heard in order to release the lien. Decision Based on the clarification, Ms. Ellis eliminated the fine since there was never a violation. Case No. 15-99 Henrietta D. Copeland Property Address: 404 S. Circle Drive Violation(s): CO CH4 SEC 4-32 Dogs must be humanely secured to owner's property or on a leash when off the premises. Officer Roehrich explained the case arose from ongoing citizen complaints. The initial inspection in 2013 revealed the above violation. Notices were sent in 2013, 2014, and courtesy, verbal and civil citations were issued. More recently, written notice was sent on January 14, 2015, giving five days to correct the violation. Certified mail was sent January 21, 2015 and returned on January 30, 2015, signed, but undated. There are several small dogs that run lose. The property owner was present. Ms. Copeland's mother resided in the garage and was an animal lover with four small dogs. Officer Roehrich receives continual complaints because the dogs are running loose in the street and chasing children. Two of the dogs were hit by cars, so there were two dogs remaining plus one dog Mr. and Mrs. Copeland have. She recommended a Cease and Desist Order be issued with a penalty of $250 per occurrence. Ms. Copeland requested Officer Roehrich remove the dogs from the property; however, Officer Roehrich does not get involved in family matters. The mother does not want her dogs removed, but the Respondent did not want to be responsible for them. Henrietta Copeland, the property owner, was administered an oath. She had no comments and added as of two weeks ago, the dogs were leashed and secured. Ms. Ellis explained how a Cease and Desist Order works to Ms. Copeland. Decision Ms. Ellis ordered a Cease and Desist Order effective February 19, 2015, and a fine of $250 per occurrence. Case filo. 14-2757 U.S. Bank National Association Property Address: 7904 Manor Forest Lane Violation(s): CO CH10 SEC 10-51.5 INC BBA FBC 2010 ED 105.1 F , 5 CITY OF BOYNTON BEACH Petitioner, VS. GARY OLSON Respondent(s), CITY OF BOYNTON BEACH, FLORIDA CASE NO. 12-1639 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 18, 2015, 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 December 19, 2012 on the Property located at 1660 Renaissance Commons Blvd. #1217. Boynton Beach, Florida, with the legal description of- VILLA fVILLA LAGO CONDOMINIUM UNIT 1217, according to the plat thereof as recorded in Plat Book 43, Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-I7-18-000-1217 is REDUCED TO NO FINE. 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. lj D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this &r day of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CIT CLERK copies furnished: Honorable Mayor and the City C City Attorney City Clerk Respondent ,.J . tr MAR 0 6 2014 CITY CLERK'S OFFICE The C'iQj®, Boynton 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: March 10, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1809 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20_. Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Case leo. 12-1809 SunTrust Mortgage Inc. 660 Renaissance Commons Blvd. No. 2621 Ms. Springer reviewed the Notice of Violation was sent September 13, 2012, pertaining to a Business Tax Receipt for a rental property. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 18, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on January 12, 2014, accruing a total fine of $69,900 plus administrative costs. They only had to register the property with the City's vendor, which they did. Joseph Harmon, representing SunTrust, was present. Ms. Ellis inquired when the bank took possession of the property and he responded he also represents Keller Williams. They obtained possession about seven or eight months ago. He handles weekly inspections of the home and was unaware anything needed to be done. He requested a reduction and advised it was vacant. Ms. Springer explained SunTrust took possession in February 2011, and there was a tenant at the premises at that time. Mr. Harmon did not know why SunTrust did not send a representative in 2012. Decision Based on the testimony by the City and the Respondent's Representative, Ms. Ellis reduced the lien to $7,500, plus administrative costs, because the bank was the owner since the violation occurred and she did not understand why it took the Bank so long to respond. Case No. 12-1639 Gary Olson 1660 Renaissance Commons Blvd. No. 1217 Ms. Springer reviewed the case pertained to needing a Business Tax Receipt for rental property. The Notice of Violation was sent August 24, 2012. The case was heard December 19, 2012, and no one appeared. The compliance date and fine set by the Board was January 3, 2013, or a fine of $100 a day would be imposed thereafter. Compliance was verified on February 4, 2015, having a total fine of $76,100. Ms. Springer advised there was nothing to be done to come into compliance, and it was in compliance when it was inspected. This case was initiated by the management company, who sent a list of all units rented in the building. Mr. Olson had proof from the management company, his name was sent in error and the unit was not rented. Correspondence was sent to a Boca Raton address listed on the tax roils, but it was not his address. Gary Olson, the property owner, commented the unit had Chinese drywall and was uninhabitable. The unit was properly repaired through a class-action lawsuit. It was 0 CITY OF BOYNTON BEACH Petitioner, VS. SUNTRUST MORTGAGE INC. Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 12-1809 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 18, 2015, 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: 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 December 19, 2012 on the Property located at 1660 Renaissance Commons Blvd. 42621. Boynton Beach, Florida, with the legal description of: VILLA LAGO CONDOMINIUM UNIT 2621, according to the plat thereof as recorded in Plat Book 43, Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-17-18-000-2621 is REDUCED TO $8,134.12. . 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 docs 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. &DO*E AND ORDERED after hearing at City of Boynton Beach, Palm �t r , 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE 011036 Beach County, Florida this3liday of The City ofBoynton 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: March 10, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-2953 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 , 20 Meeting Minutes Code Compliance Magistrate Hearings Boynton Beach, Florida February 18, 2015 Officer Weixler recommended no fine. The violations were corrected. Sidney Besse, the Property Manager, was present and advised all was addressed. He requested no fine. Decision Ms. Ellis so ordered. Case No. 112953 Adalgisa Scotuzzi 1690 Renaissance Commons Blvd., No. 304 Diane Springer, Code Compliance Manager, reviewed the case pertained to needing a permit for interior demolition of drywall and installation. The Notice of Violation was sent October 24, 2011. The case was heard January 18, 2012. No one appeared. The compliance date and fine set by the Board was March 1, 2012, or a fine of $100 a day thereafter. Compliance was confirmed on July 2, 2014, accruing a total fine of $83,500 with administrative costs. Ms. Springer explained the case was in compliance and ready for lien reduction when they were first contacted. This case was a Chinese drywall issue. Don DuPerault, owner of the property, explained he and his wife purchased the property two months ago. It appeared the prior owner lived in Washington D.C. Most of their correspondence was returned. He speculated they started their own renovation without permits and the City halted the work. Due to the $100 a day fine, the owners gave up and abandoned the property. Several years later, the drywall issue was finished and a separate contractor rehabbed 300 units with permits. He understood the fine imposed, but noted this case involved the prior owner and no amount of money would have remedied the situation. The home was a foreclosure that was four years behind in property taxes and Homeowner Association Assessments. He requested a dramatic fee reduction. Mr. DuPerault indicated they paid about $30,000 for the foreclosed unit. Back taxes were about $13,000 and they paid in excess of the HOA fees. He advised the total they paid was what the unit was appraised for. Mr. DuPerault advised he learned of the case via the notices posted on the door. He went to City Hall, pulled records to learn what was occurring. They did not want more liens or foreclosures and wanted to ensure all would not worsen. Decision Based on the testimony of the City, Ms. Ellis reduced the lien to $2,500 plus administrative fees of $826.18. 5 CITY OF BOYNTON BEACH Petitioner, vs. ADALGISA SCOTUZZI Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 11-2953 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien redaction on February 18, 2015, 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 ail the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on January 18, 2012 on the Property located at 1690 Renaissance Commons Blvd. ##1304, Boynton Beach, Florida, with the legal description of; VILLA LAGO CONDOMINIUM UNIT 1304, according to the plat thereof as recorded in Plat Book 43, Page 139, of the Public Records of Palm Beach County, Florida, PCN; 08-43-45-17-18-000-1304 is REDUCED TO $3,326.1 S. 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. D NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this,&Jday of 2015. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: C Y CLERK �- copies f imished: Honorable Mayor and City Attorney City Clerk Respondent FR MAR,` CITY CLERK'S OFFICE 'The ULU,, o BoUnton Beach Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6I00 Jeffrey Katz Chief'of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: March 5, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09-2813 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20_. Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 !glad Naurelus, SW 5th Avenue, produced his ATT bill. Ms. Ellis noted the violation was at 216 SW 5th Avenue. The Property Appraiser's website also showed the subject property was not homesteaded. Mr. Naurelus did not know why it was not. He did not change his driver's license, but asserted he lives at the premises. Decision Based on the evidence and that there was sufficient time to address the matter, Ms. Ellis certified the fine. She commented there was a fine imposed on the property and he had one more opportunity to remove the lien. It was not a matter of changing his license; he had to live at the premises. Officer Shickles explained Mr. Naurelus has not contacted him since the hearing. When he posted the property months ago, a woman there stated she was renting. Case No. 09-2813 Alex Rivera & Christy Carone 1814 Meadows Circle W. Diane Springer, Code Compliance Coordinator, advised the Notice of Violation was sent on August 27, 2009, regarding a Business Tax Receipt. The case was heard on November 18, 2009, and no one appeared. The compliance date set by the Board was December 18, 2009, or a fine of $100 would be imposed thereafter. Compliance was confirmed on November 24, 2014, having a fine of $180,100 and administrative costs of $634.12. Ms. Springer was contacted in November and staff confirmed the property was vacant. There was an outstanding water bill of $168.91 that had to be paid. All else was in compliance. Juan Robles, Realtor with Century 21, and representative of the owner, explained the property was foreclosed by Deutsch Bank National Trust Company in August 2013. The property was sold at auction, and Deutsch Bank assured the owner there were no liens, and the owner made the purchase. The new owner already paid hefty fines from the Homeowner's Association. She decided to sell the property because she could not maintain it and the HOA fees and learned of the liens. He commented the owner was taking a loss. He requested the fines be waived, but was aware she would have to pay administrative fees to the City. Decision Ms. Ellis reduced the lien to $1,500 plus the administrative fees of $634.12. 4 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 09-2913 ALEX RIVERA & CHRISTY CARONE 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 January 21, 2015, 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 November -18, 2009 on the Property located at 1814 Meadows Cir. W, Boynton Beach, Florida, with the legal description of: MEADOWS ON THE GREEN CONDOMINIUM UNIT 1814 BLDG 18, according to the plat thereof as recorded in Plat Book 48, Page 196, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-21-018-1814 is REDUCED TO $2,134,12. 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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��day of ' f61Gth ,2015. Honorable Mayor and the City Commission City Attorney City Clerk � L Respondent FEB 0 6 2014 CITY CLERK'S OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE The Cita ofBo mora. 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: March 5, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-1394 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 , 20 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida January 21, 2015 Case filo. 13-1394 Pelican Estates, Inc. 1340 Neptune Drive Ms. Springer explained the Notice of Violation was sent on June 28, 2013, regarding a Business Tax Receipt. The case was heard on October 26, 2013, and no one appeared. The compliance date and fine set was October 26, 2013, or a fine of $200 a day would be imposed thereafter The violations were corrected on October 22, 2014, having 360 days of non-compliance and a total fine of $72,072, plus five inspections at $730.15. The property was a commercial property. She was first contacted in November.and the Respondent had to remove outside storage, wood on the northeast corner and parking spaces, restripe the parking lot, trim the overgrowth, remove an inoperable truck in the rear of the property, an unpermitted sign on the road front, place six-inch street numbers on the building, paint over the old signage and replace the stop sign at both entrances. The Respondent complied within a short period of time. Andrew Marciniszin, representing Pelican Estates, Inc., explained they learned of the liens in August 2014. Prior to that, the bookkeeper received the notice and went to the City and paid the Business Tax Receipt in October. He thought he was correcting the issue by making the payment. The bookkeeper became ill, and they finally received the notices in August. They contacted the tenant and corrected the matter. He requested the City reduce the lien. Decision Based on the testimony, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.15. Case No. 14-2575 Property Address: Violation(s): Sylvie Eliassaint — Jose Vargas, Tenant 21 S. Atlantic Drive CH15 ARTX SEC 15-121:124 It is unlawful for any person who is required to register as a sexual predator or offender, under the laws of the State to establish a permanent or temporary residence within 2,500 feet of any school, designated public school bus stop, day care center, park, playground or any other place where children regularly congregate. Officer Hart presented the case as contained in the Notice of Violation. The case was a City department referral. The initial inspection date was November 14, 2014. Written notice was sent November 14, 2014, giving 30 days to address the matter. Service was 10 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 13-1394 PELICAN ESTATES INC. 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 January 21, 2015, 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 duty 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 October 16, 2013 on the Property located at 1340 Neptune Dr„ Boynton Beach, Florida, with the legal description of, 5-46-43, S 281.50 FT OF N 873 FT OF NW % OF SW '/A (LESS W 1202.76 FT), according to the Public Records of Palm Beach County, Florida, PCN; 08-43-46-05-00-000-7024 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 Iien reduction. % DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 2ti day of 2015. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk F 0 L LEE D Respondent FEB 0 C 2014 1 CITY CLERK'S OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE The Citu ofBoun.t®n .each. Police Department "A CPA 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: February 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-544 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 10-544 CLYDE L. JONES & ALBERTA S. JONES 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 July 16. 2014, 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 21, 201.0_ on the Property located at 1625 NE 2"0 St.,, Boynton Beach. Florida, with the legal description of: Is"' ADD TO ROLLING GREEN LT 10 BLK 6, according to the plat thereof as recorded in Plat Book 24, Page 86, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-2I-02-006-0100 is REDUCED TO 54,134.12. 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 thi5'� day of 20�`� Carol 15"'E11ts CODE COMPLIANCE MAGISTRATE AT'T'EST: C CLERIC copies furnished: <)3 Honorable Mayor and the City Commission City Attorney F I L E City Clerk Respondent JUL 2 3 2014 1 CITY CLERK'S OFFICE MEETING MINUTES CODE COMPLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 into compliance and obtain the Business Tax Receipts. Dalland owned the property for a few years, but terminated the prior property management company. Decision Based on the testimony of the City and the testimony of the Respondent's representative, Ms. Ellis reduced the lien from $57,250 to $3,500 plus administrative costs of $634.12. Case No. 10-544 Clyde E. & Alberta S. Jones 1625 NE 2"d Street Ms, Springer presented the case. The Notice of Violation was sent on February 25, 2010, to mow the yard and trim overgrown vegetation. The case was heard on April 21, 2010, and no one appeared. The compliance date was May 1, 2010, or a fine of $75 a day would be imposed thereafter. The violations were corrected on February 13, 2012, accruing a fine of $48,900 plus administrative costs. To qualify for the lien reduction, outstanding water bills of about $1,600, five municipal liens and over $1,000 in property taxes had to be paid. When Ms. Springer was contacted for lien reduction, the inspection revealed the Respondent had to install sod in the yard and swale, replace windows and screens, remove tires and the broken fence. The property was re -inspected and items had to be removed from the carport. The property had to be sodded on the side of the house and some vegetation along the fence had to be trimmed. On June 12, 2014, the property was eligible for lien reduction. Bernadine Jones explained this case was the same as the prior cases. The Respondents were long-term tenants, and when they cleaned up, they put the items in the carport and porch. It was in compliance and Mr. Jones hired Ms. Jones to keep the property in compliance. Decision Based on the testimony of the City and the comments by the Respondent's representative, Ms. Ellis reduced the lien from $48,900 to $3,500 plus $634.12 administrative costs. Case No. 10-3074 Clyde E. & Alberta S. Jones 1625 NE 2"d Street Ms. Springer presented the case. The Notice of Violation was sent on October 13, 2010, to mow the overgrown yard, and maintain the property. The case was heard on November 14, 2010, and no one appeared. The compliance date and fine was December 20, 2010, or a fine of a $1,000 a day would be imposed thereafter. The violations were corrected on February 13, 2012, accruing a fine of $437,000 plus administrative fees. 4 Springer, Diane From: Bernadine Jones <bbjonesfl@gmail.com> Sent: Wednesday, February 04, 2015 12:50 PM To: Springer, Diane Subject: Re: FW: 1625 NE 2ND ST Hey Diane - I think this one just kind of got lost in the shuffle of things.. Can we just go ahead and pay the $15,000 and be done with this and move on? Please let me know. Thanks! ! Bernadine Jones On Fri, Oct 24, 2014 at 10: 11 AM, Springer, Diane <SUringerD(u bbfl.us> wrote: 1-14 Pleiise respond to 1211, e--iimil holoii. Code Cvnzpliimce C oordiniltor Cin! of Boi litori Beech Police Delmi-tmeiit Code Con2pRaiik-e Division 56.1-741-6833 561.74-7-6838 (hi xi 'r -ft The OLU o Boyn.t®n 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: February 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3074 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20_ CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CLYDE E. JONES & ALBERTA S. JONES Respondent(s). CASE NO. 10-3074 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on July 16, 2014, 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 niet all the lien reduction procedures established by the City Code of Ordinances. 3. The lizn imposed by the Magistrate on November 17, 2010 on the Property located at 1625 NE 2"u St., Boynton Beach, Florida, with the legal description of: Is" ADD TO ROLLING GREEN LT 10 BLK 6, according to the plat thereof as recorded in Plat Book 24, Page 86, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-02-006-0100 is REDUCED TO $15,634.12. 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this , `6 day of 20Z Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: �JcY CLERK copies %ffi,4s i Honof,& N syor a,10he City Commission ey JUL 23 2014 CIN CLERKOFFICE MEETING MINUTES CODE COMPLIANCE HEADINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 into compliance and obtain the Business Tax Receipts. Dalland owned the property for a few years, but terminated the prior property management company, Decision Based on the testimony of the City and the testimony of the Respondent's representative, Ms. Ellis reduced the lien from $57,250 to $3,500 plus administrative costs of $634.12. Case No. 10-544 Clyde E. & Alberta S. Jones 1625 NE 2"d Street Ms. Springer presented the case. The Notice of Violation was sent on February 25, 2010, to mow the yard and trim overgrown vegetation. The case was heard on April 21, 2010, and no one appeared. The compliance date was May 1, 2010, or a fine of $75 a day would be imposed thereafter. The violations were corrected on February 13, 20'12, accruing a fine of $48,900 plus administrative costs. To qualify for the lien reduction, outstanding water bills of about $1,600, five municipal liens and over $1,000 in property taxes had to be paid. When Ms. Springer was contacted for lien reduction, the inspection revealed the Respondent had to install sod in the yard and swale, replace windows and screens, remove tires and the broken fence. The property was re -inspected and items had to be removed from the carport. The property had to be sodded on the side of the house and some vegetation along the fence had to be trimmed. On June 12, 2014, the property was eligible for lien reduction. Bernadine Jones explained this case was the same as the prior cases. The Respondents were long-term tenants, and when they cleaned up, they put the items in the carport and porch. It was in compliance and Mr. Jones hired Ms. Jones to keep the property in compliance. Decision Based on the testimony of the City and the comments by the Respondent's representative, Ms. Ellis reduced the lien from $48,900 to $3,500 plus $634.12 administrative costs. Case No. 10-3074 Clyde E. & Alberta S. Jones 1625 NE 2"d Street Ms. Springer presented the case. The Notice of Violation was sent on October 13, 2010, to mow the overgrown yard, and maintain the property. The case was heard on November 14, 2010, and no one appeared. The compliance date and fine was December 20, 2010, or a fine of a $1,000 a day would be imposed thereafter. The violations were corrected on February 13, 2012, accruing a fine of $437,000 plus administrative fees. M. MEETING MINUTES CODE COMPLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 Ms. Jones explained the same situation occurred. They had $5,000 in municipal liens, the property taxes and all were current. They also obtained the Business Tax Receipt and the property looks great. The home was not for sale. Decision Based on the testimony of the City and the comments made by the Respondent's representative, the lien of $437,000 was reduced to $15,000 plus administrative costs of $634.12. Case No. 11-3264 Clyde E. and Alberta S. Jones 1625 NE 2"d Street Ms. Springer presented the case for the above captioned violations. The Notice of Violation was sent December 2, 2011, to secure the building. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine was January 28, 2012, or a fine of $250 a day. The violations were corrected on March 5, 2012, accruing a fine of $9,000 with administrative fees. Bernadine Jones explained this was an owner who owns many properties. This property fell by the wayside. Ms. Ellis commented owning this property is a privilege and it needs to be maintained. Ms. Jones explained she is managing at least 40 properties in Boynton Beach alone. Decision Given the presentation by the City and the comments by the Respondent, the $9,000 was reduced to $1,000 plus administrative costs of $634.12. Case No. 08-977 Thomas A. Agius 3350 Ocean Parkway Ms. Springer presented the case. The Notice of Violation was sent on March 24, 2008, to remove trash and debris from the front and rear yard, repair the screen and obtain a Business Tax Receipt for the rental property. The case was heard May 21, 2008, and no one appeared. The compliance date was June 5, 2008, or a fine of $250 a day would be imposed thereafter. The violations were corrected on September 25, 2008, accruing a fine of $27,750. An outstanding water bill of nearly $3,300 and five municipal liens had to be paid. Ms. Springer was contacted in November and the roof had to be replaced and permits obtained. There was rotted wood on the fascia porch support, porch ceiling, carport ceiling and soffit. The soffit screens, screens on the porch, windows and doors all had to be replaced. There was open wiring on the porch in the rear, the wall in utility room had to be replaced, and the Respondent was to mow, weed and trim the overgrowth on the rear and side yards. All the repairs were completed on April 21, 2014. There was slight overgrowth, but in May the property was eligible for lien reduction. 9 The Ciiu ®fBoy-nt®n 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: February 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-3264 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 20 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CLYDE E. JONES & ALBERTA S. JONES Respondent(s). CASE NO. 11-3264 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on July 16, 2014, pursuant to Chapter Two, Article Five of the City Code or Ordinances. The Magistrate having considered the application, all the facts regarding the specific code or codes the appealing parry 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 January 18, 2012 on the Property Iocated at 1625 NE 2" d St., Boynton Beach, Florida, with the legal description of: 1'"' ADD TO ROLLING GREEN LT 10 BLK 6, according to the plat thereof as recorded in Plat Book 24, Page 86, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-02-006-0100 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 pennitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this/�ay of Lt , 20 ATTEST: CVrY CLERK #qr and the City Commission s JUL 23 2014 CITY CLERk 'S OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE >.. MEETING MINUTES CODE COMPLIANCE HEARINGS BOYNTON BEACH, FLORIDA JULY 16, 2014 -:...._ Ms. Jones explained the same situation occurred. They had $5,000 in municipal liens, the property taxes and all were current. They also obtained the Business Tax Receipt and the property looks great. The home was not for sale. Decision Based on the testimony of the City and the comments made by the Respondent's representative, the lien of $437,000 was reduced to $15,000 plus administrative costs of $634.12. Case No. 11-3264 Clyde E. and Alberta S. Jones 1625 PSE 2"1 Street Ms. Springer presented the case for the above captioned violations. The Notice of Violation was sent December 2, 2011, to secure the building. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine was January 28, 2012, or a fine of $250 a day. The violations were corrected on March 5, 2012, accruing a fine of $9,000 with administrative fees. Bernadine Jones explained this was an owner who owns many properties. This property fell by the wayside. Ms. Ellis commented owning this property is a privilege and it needs to be maintained. Ms. Jones explained she is managing at least 40 properties in Boynton Beach alone. Decision Given the presentation by the City and the comments by the Respondent, the $9,000 was reduced to $1,000 plus administrative costs of $634.12. Case No. 08-977 Thomas A. Agius 3350 Ocean Parkway Ms. Springer presented the case. The Notice of Violation was sent on March 24, 2008, to remove trash and debris from the front and rear yard, repair the screen and obtain a Business Tax Receipt for the rental property. The case was heard May 21, 2008, and no one appeared. The compliance date was June 5, 2008, or a fine of $250 a day would be imposed thereafter. The violations were corrected on September 25, 2008, accruing a fine of $27,750. An outstanding water bill of nearly $3,300 and five municipal liens had to be paid. Ms. Springer was contacted in November and the roof had to be replaced and permits obtained. There was rotted wood on the fascia porch support, porch ceiling, carport ceiling and soffit. The soffit screens, screens on the porch, windows and doors all had to be replaced. There was open wiring on the porch in the rear, the wall in utility room had to be replaced, and the Respondent was to mow, weed and trim the overgrowth on the rear and side yards. All the repairs were completed on April 21, 2014. There was slight overgrowth, but in May the property was eligible for lien reduction. 9 The City of Bot nton Beach Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (56I) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM t Date: February 5, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #05-1145 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20_ j Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2014 was effectuated by certified mail, green card signed on December 1, 2014. The property was last inspected on December, 16, 2014. Charles Herring, Sr., the owner, explained he thought the letter was for his son who was using his address. The second letter he received was a registered letter which specified it was for Charles Herring Sr. He advised he had been sick and he had never got a chance to speak to the Code Officer. He thought he complied and removed the tubs and junk. He then realized he had not complied and requested an extension to avoid the fine. If possible, he requested 15 or 30 days to comply. Officer Cain had photographs he showed to the Respondent and Ms. Ellis. It was noted Mr. Herring, Sr. resides at the address. Officer Cain recommended, due to the upcoming holidays, a compliance deadline of 60 days or a fine of $100 a day. Decision Ms. Ellis ordered a 45 -day compliance date due to the Respondent being a repeat violator. She explained after 45 days, a fine of $100 a day would begin to accrue. Mr. Herring explained he refurbishes old cars. He was in the process of selling them. One vehicle was not registered. Ms. Ellis recommended working with City staff. Case No., 14-1617 Property Address: Violation(s): Bentley Partners LLC 2105 NE 3`d Street CO CH13 SEC13-16 CO CHI SEC 15-120(D) INC CO CHI SEC 15-120(D) 1B Apply for and pass inspection for Business Tax Receipt for your rental property. Mow, weed and trim overgrowth and tree along NE 20th Avenue to a minimum height of 14 feet over the road and 10 feet over the right of-way/swale. Remove outside stored materials, trash and debris. Glenn Weixler, Code Compliance Officer, advised the case complied. Case No. 05-1145 BG Meadows Square 4707 N. Congress Avenue Diane Springer, Code Compliance Coordinator, reported the Notice of Violation was sent on June 9, 2005, to replace missing trees and shrubs per the site plan, repair potholes in the parking lot and repair the fence. The case was heard on October 19, 2005, and no one appeared. The compliance date and fine set by the Board was 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2014 November 18, 2005, or a fine of $50 would be imposed thereafter. The violations were corrected on November 17, 2014, accruing a fine of $164,250, plus administrative fees. Ms. Springer was first contacted in October, and pointed out there were past water bills in the amount of $12,588.78 from a prior tenant that had to be paid. The property was in a plaza. Ms. Springer found six businesses operating without Business Tax Receipts. One unit made interior renovations without a permit and there were two permits that had never been finalized. There were repairs needed. Ms. Springer noted there were two parcel control numbers needed: one for the gas station and convenience store, and the other for the entire plaza. Ms. Springer noted what she presented applied to both locations. All the repairs were made in a month. She commented most of the damage was due to hurricanes. The plaza was previously maintained. Trees and bushes were missing Trevor Joseph, Property Manager, explained he started managing the property in March. He learned of the violations and liens at the end of September from the corporate office. They worked hard and had been in contact with Ms. Springer. Over $100,000 was spent to restore the landscaping to Code and $10,000 to $15,000 for the additional repairs. Ms. Ellis inquired why it took so long to address the issues. Mr. Joseph explained there were multiple property managers and some were not located in the area. He had not received any notification about the issue after the lien was filed, and he learned of it in September. . Decision Given the testimony by the City and the Respondent's presentation, Ms. Ellis reduced the lien to $2,000, plus $922.21 in administrative costs. Case No. 06-2033 BG Meadows Square 4719 N. Congress Avenue Ms. Springer explained the Notice of Violation was sent on August 3, 2006, to repair the ceiling over the gas pump, weed and install grass around the service station area, clean the entire area and maintain the property. The case was heard on May 16, 2007, and no one appeared. The compliance date and fine set was May 26, 2007, or a fine of $250 a day would be incurred thereafter. The violations were corrected on October 16, 2007, accruing a fine of $35,500, plus administrative costs. Mr. Joseph commented the violations were corrected before he started to manage the property. .: CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 05-1145 BG MEADOWS SQUARE 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 December 17, 2014, 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 October 19, 2005 on the Property located at 4707 N. Congress Ave.. Boynton Beach, Florida, with the legal description of. MEADOWS 300 PL NO 2 TR TC (LESS NLY 163.5 FT OF ELY 217.26 FT, N 195 FT OF W 105 FT & NLY 403.04 FT OF SLY 549.14 FT OF FLY 3 FT CONGRESS AVE R/W), according to the plat thereof as recorded in Plat Book 48, Pages 194 and 195, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-03-020-0031 is REDUCED TO 52,922.21. 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. / ,DON �j AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this�tda y of 2014. arol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: � ;Lynn �1 Cl Y CLERK yi« • the City Commission D ty, A dent 1 x r rt �T,: *� 1W The Cituo Boynton .Beach. Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6I00 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: February 5, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #06-2033 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20_. ✓' Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2014 November 18, 2005, or a fine of $50 would be imposed thereafter. The violations were corrected on November 17, 2014, accruing a fine of $164,250, plus administrative fees. Ms. Springer was first contacted in October, and pointed out there were past water bills in the amount of $12,588.78 from a prior tenant that had to be paid. The property was in a plaza. Ms. Springer found six businesses operating without Business Tax Receipts. One unit made interior renovations without a permit and there were two permits that had never been finalized. There were repairs needed. Ms. Springer noted there were two parcel control numbers needed: one for the gas station and convenience store, and the other for the entire plaza. Ms. Springer noted what she presented applied to both locations. All the repairs were made in a month. She commented most of the damage was due to hurricanes. The plaza was previously maintained. Trees and bushes were missing Trevor Joseph, Property Manager, explained he started managing the property in March. He learned of the violations and liens at the end of September from the corporate office. They worked hard and had been in contact with Ms. Springer. Over $100,000 was spent to restore the landscaping to Code and $10,000 to $15,000 for the additional repairs. Ms. Ellis inquired why it took so long to address the issues. Mr. Joseph explained there were multiple property managers and some were not located in the area. He had not received any notification about the issue after the lien was filed, and he learned of it in September. . Decision Given the testimony by the City and the Respondent's presentation, Ms. Ellis reduced the lien to $2,000, plus $922.21 in administrative costs. Case No. 06.2033 BG Meadows Square 4799 N. Congress Avenue Ms. Springer explained the Notice of Violation was sent on August 3, 2006, to repair the ceiling over the gas pump, weed and install grass around the service station area, clean the entire area and maintain the property. The case was heard on May 16, 2007, and no one appeared. The compliance date and fine set was May 26, 2007, or a fine of $250 a day would be incurred thereafter. The violations were corrected on October 16, 2007, accruing a fine of $35,500, plus administrative costs. Mr. Joseph commented the violations were corrected before he started to manage the property. 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida December 17, 2014 Decision Ms. Ellis ordered the lien be reduced to $1,000, plus the $922.21 in administrative costs. Case No. 14-1916 Claudio Cid Property Address: 3501 N. Old Dixie Highway Violation(s): CO CH 13 SEC 13-16 CO CHI SEC 15-120(D) INC BBA FBC 2010 ED 105.1 Apply for and pass Business Tax Receipt inspection for your rental property. Remove unregistered and inoperable recreational vehicles. Mow and trim overgrowth. Fence permit required. The Minutes Specialist administered an oath to the Respondent. Officer Pierre advised the case arose from a routine inspection which revealed the above violations, He advised the Respondent was present. Leo Cid, on behalf of his brother, Claudio Cid, announced he got the application for the Business Tax Receipt and had to schedule the inspection. Officer Pierre recommended 15 days and $100 a day fine thereafter if not corrected. He commented some vehicles were removed. He had photographs he showed to the Respondent and Ms. Ellis. Decision Ms. Ellis ordered a 15 -day compliance date, and if not corrected by then, a $100 a day fine would accrue thereafter. Case No. 14-1934 Claudio Cid Property Address: Sunset Road Violation(s): CO CHI SEC 15-120(D) INC CO CHI SEC 10-52 BBA FBC 2010 ED 105.1 Remove unregistered / inoperable recreational vehicles from your lot. Mow and trim overgrown yard areas. Remove Debris. Obtain permit for fence. Permit required. CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 06-2033 BG MEADOWS SQUARE 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 December 17, 2014, 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 retating to the specific case and tieing atherwise duty advised in the premises, it is hereupon, ORDERED .SND 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 May 16, 2007 on the Property located at 4791 N. Congress Ave.. Boynton Beach, Florida, with the legal description of: MEADOWS 300 PL NO 2 W 105 FT OF N 195 FT OF TR C, according to the plat thereof as recorded in Plat Book 48, Pages 194 and 195, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-03-020-0032 is REDUCED TO $1,922.21, 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 flnal 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. DON ., AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thise— 7 day of 2014. ATTEST: K and the City Conf U 1 2014 ,S p��CICE CIS`( p�E,RK Carol D. Ellis CODE COMPLIANCE MAGISTRATE 11 1 f 1 J t f•" i t 1 t� d/�.1 Ilr tai 2� i i 1 i/r 1 l 1!� e�' iIi t`! k Police Department CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310- Phone: 3425-0310Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #14-836 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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. o 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_ r s Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 I :. Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in administrative costs. Case No. 13-1459 Lyrin Cave 423 Bayfront give Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no one appeared. The compliance date was to comply by October 31, 2013, or a fine of $150 a day would be imposed thereafter. The violations were corrected on October 17, 2014, accruing a fine of $53,500 and administrative fees of $634.12. Ms. Springer explained she was contacted on October 16, 2014, for lien reduction information. An inspection revealed the property was in compliance and all was up to date. Lynn Cave, the property owner and Gracy Livingston, the settlement attorney for the current sale of the property, were present. Ms. Cave explained she was selling the property at a great loss and in conducting the title search, learned of the lien. She advised she never got a letter or notice about the matter. She emailed Ms. Springer and made application to come, but had not paid the $60 because she did not know where to pay. Ms. Cave advised the property was rented about 50% of the time. Since staff= could not determine when it was rented, they used the. date the Code Officer verified it was vacant. The address used was from the Property Appraiser and Tax Collector. She did not know a Business Tax Receipt was needed to have a rental property. Attorney Livingston commented when she presented Ms. Cave with information on the lien, she had no idea of it. She called immediately, and the home was being sold. She hoped this would not be an issue with the sale. DeGiSio?l Based on the testimony of eligible -for the lien reduction administrative costs $634.12 Case No. 14-836 the City and Respondent and given the Respondent is . Ms. Ellis reduced the lien from $52,500 to $2,000 plus Antonio Beale 521 NE.2nd Street Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding a Business Tax Receipt andinspection, outside storage, trash and debris. The case was heard June 18, 2014, and Heather Grimes appeared. The compliance date and fine was June 2.8, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on September 22, 2014, accruing a fine of $4,250 and administrative fees of $634.12 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida november 19, 2014 Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in administrative costs. Case No. 13-1459 Lynn Cave 423 Bayfront ®rive Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no one appeared. The compliance date was to comply by October 31, 2013, or a fine of $150 a day would be imposed thereafter. The violations were corrected on October 17, 2014, accruing a fine of $53,500 and administrative fees of $634.12. Ms. Springer explained she was contacted on October 16, 2014, for lien reduction information. An inspection revealed the property was in compliance and all was up to date. Lynn Cave, the property owner and Gracy Livingston, the settlement attorney for the current sale of the property, were present. Ms. Cave explained she was selling the property at a great loss and in conducting the title search, learned of the lien. She advised she never .got a letter or notice about the matter. She emailed Ms. Springer and made application to come, but had not paid the $60 because she did not know where to pay. Ms. Cave advised the property was rented about 50% of the time. Since staff could not determine when it was rented, they used the date the Code Officer verified it was vacant. The address used was from the Property Appraiser and Tax Collector. She did not know a Business Tax Receipt was needed to have a rental property. Attorney Livingston commented when she presented Ms. Cave with information on the lien, she had no idea of it. She called immediately, and the home was being sold. She hoped this would not be an issue with the sale. Decision Based on the testimony of eligible for the lien reduction administrative costs $634.12 Case No. 14-836 the City and Respondent and given the Respondent is . Ms. Ellis reduced the lien from $52,500 to $2,000 plus .Antonio Rule 521 NE 2nd Street Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding a Business Tax Receipt and inspection, outside storage, trash and debris. The case was heard June 18, 2014, and Heather 'Grimes appeared. The compliance date and fine was June 28, 20'14, or a fine of $50 a day would be imposed thereafter. The violations were corrected on September 22, 2014, accruing a fine of $4,250 and administrative fees of $634.12 M CITY OF BOYNTON BEACi-f Petitioner, VS. ANTONIO REALE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 14-836 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on November 19 2014, 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 thep remises, 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 June I8, 2014 on the Property located at 521 NB 2`1 St., Boynton Beach, Florida, with the legal description of: C W COPPS ADD LTS 74 & 76/LESS W 25 FT ST RIW, according to the plat thereof as recorded in Plat Book 7 Page 56, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-05-000-0740 is REDUCED TO $1,434.12. 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 Redaction 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 fin-ther action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. DON AND OR -DE ED after hearing at City of Boynton Beach, Palm Beach County, Florida this/ day of 20-J ATTEST: C ITY CLERK — copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent Caroi D. Ellis CODE. COMPLIANCE MAGISTRATE �a ,•sem DEC 1 2014 CIV CLaR' 'S orncC WIN tt•' { 7f 1!�ixt� ?1�!'r�It 1irr"u x'f 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: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-2952 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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 1 20V Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida Movember 19, 2014 Ms. Springer did not remember when Mr. Reale contacted her. He thought he was in compliance because he applied for the Business Tax Receipt, but he had not called for the inspection. When an inspection occurred, the Business Tax Receipt was issued. She was contacted again for a lien reduction' inspection and there were some minor violations, which Ms. Springer reviewed, and a water bill of $431.03 to be paid. When the property was re -inspected October 16, 2014, it was eligible for lien reduction. Heather Grimes, for Property Manager for Mr. Reale, explained she had attended the hearing in June and she was advised they had 90 days to comply. Mr. Reale was in the process of selling the property, which sold on October 1, 2014. The new owner made all the repairs. Prior to that, she called several times for an inspection. Each time there were issues, and it took 85 days to address them. She did not know they were being charged for each inspection. Ms. Springer apprised Ms. Grimes they were not charged for the Business Tax Receipt inspection. There were four inspections involved with the entire case. Decision Given the testimony by the City and the Respondent and staff indicates the property is eligible, Ms. Ellis reduced the lien from $4,250 to $800 plus $634.12. Case No. 11-2952 American Asset Holdings LLC 1660 Renaissance Commons Blvd. 2'124 Ms. Springer explained a Notice of Violation for this property was sent on October 24, 2011, for permits for interior renovations and demolition. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine set was January 28, 2012, or a fine of $250 a day would be imposed thereafter. The violations were corrected on June 12, 2014, accruing a fine of $216,250 plus administr2tivecosts. The case initiated from a red tag from the Building Department. Ms. Springer was contacted in March 2014 and was advised the matter pertained to Chinese drywall and there was litigation ongoing between Renaissance Commons and the unit owner. A Stop Work Order was issued by the Building Department so they had to wait for litigation to conclude before they could do anything. There were also outstanding property taxes. Wayne Schwartz, Counsel for Jason Banks, the property owner, explained the property was in the name of a corporation because his accountant advised him to put it in the name of a company when he was divorcing. Mr. Banks obtained the property in 2011 and then learned the unit had the toxic Chinese drywall. He made arrangements with Scott Design and Construction to do the interior demolition and remove the drywall. The complex has about 300 units, All of the members in this complex were part of a class action suit in 2009 against manufacturers of the drywall. There was companion 11 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 federal court litigation which was consolidated. Scott Design and Construction applied for and pulled a permit in the spring of 2011 to do the demolition work to comply with the Red Tag. The HOA President, Mr. Comparato, advised Mr. Banks the property was involved in litigation, and they would reach a settlement and then make repairs. Mr. Banks waited throughout 2011, but could not live in the unit and Was displaced. He also learned the fumes were destroying the plumbing and electrical conduits behind the- walls, and Mr. Comparato refused to do any remediation because his goal was to have a global settlement in which to make the repairs. Mr. Banks only wanted to remove the drywall by himself to avoid the matter turning into a major problem. On September 29, Mr. Banks hired two people to permanently remove the drywall, but the HOA Manager contacted Mr. Comparato. Mr. Banks advised Mr. Comparato he could no longer wait and he would remove the drywall. The next day Mr. Banks got a letter and Cease and Desist Order from HOA counsel barring him to do work in the unit because the HOA was responsible for the drywall. They threatened litigation and they would get an injunction, so Mr. Banks hired Mr. Schwartz as Counsel. Attorney Schwartz tried for five months to negotiate with HOA Counsel to come U0 with a successful plan to remediate the unit, including just removing the drywall with a general contractor who would pull permits. In one of the cases being litigated, they issued a protocol scope of work to satisfy removal of the toxic drywall, which they offered to follow, but were stonewalled. This culminated in a memo to all unit owners from Mr. Comparator that the HOA would not allow any remediation and if done, it would have to be completely stripped and remediated a second time. The federal case was not settled until late 2013. As to the red tag, Mr. Banks did not appreciate he had to pull a permit to correct a red tag and then withdraw the permit. Ms. Ellis inquired why no one appeared for the hearing on January 18th. Attorney Schwarz explained friends of Mr. Banks offered him a place to stay in Costa Rica and there was a communication gap with the mail. He did not have knowledge of the hearing. The HOA changed their position when they were notified of their settlement. From the $24 million dollar settlement Mr. Comparato received, they retained Moss Construction. The following June, they got to Mr, Banks' unit. Moss Construction pulled all of the permits to strip and remediate. There was no cash payment to individual unit owners, only the benefit of having the units remediated. To the extent of any liens imposed, there was no reimbursement for out-of-pocket expenses to unit owners. In terms of compliance, Moss Construction pulled permits, completed the work and a certificate of occupancy and environmental certification was issued. He requested the fine be reduced to administrative costs only. 12 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 Decision Ms. Ellis reduced the lien to $1,000 plus the. $634.12 in administrative costs. The Minutes Specialist administered an oath to Respondents who arrived after the meeting commenced. Case No. 14-2112 Juan B. Medina Property Address: 70 NE 28th Court Violation(s): CO CH15 SEC 15-120(D) Inc. CO CH10 SEC 10-56(D) Install four -inch house numbers on building to be visible from the street Mow, trim and weed yard, and remove trash and debris. Officer Roy advised the case arose from a citizen complaint. An initial inspection on September 15, 2014, revealed the above captioned violations. Written notice was sent September 15, 2014, giving 10 days to correct them. Certified mail was sent ori October 13, 2014, and notice was posted at the premises and at City Hall on October 5, 2014. Regular mail was sent October 15, 2014. The property was last inspected on November 17, 2014, and the only violation that remained was installation of the house numbers. Staff recommended 10 days be given to correct the violations and a fine of $100 a day thereafter. Juan Medina advised he called the City after he mowed and addressed the issues. Ms. Ellis noted he still had to install four -inch house numbers. Ms. Ellis gave seven days to install the house- numbers, by November 16, 2014. If they were not installed by then, a fine of $100 a day would be imposed thereafter. Case No. 14-2242 Iglad A. Naurelus Property Address: 216 SW 5th Avenue Violation(s): CO CH13 SEC 13-16 Apply for and pass Business Tax Receipt inspection for rental property. Officer Shickles advised the case was a City department referral. The Initial inspection on September 25, 2014, revealed the above noted violation. Written notice was sent giving 10 days to correct it. Notice was .obtained by substitute service on Perlandi Gerome. Mr. Naurelus claims homestead at another address, and Officer Shickles advised Mr. Naurelus indicated he was not renting the property. The premises were last 13 CITY OF BOYNTON BEACH Petitioner, Vs, AMERICAN ASSET HOLDINGS LLC Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 11-2952 LIEN MODIFICATION ORDER THIS CAUSE came before the City of' Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on November 19 2014, 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: i. This Magistrate has subject matterjurisdiction 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 January 18; 2012 on the Property located at 1660 Renaissance Commons Blvd. #2124, Boynton Beach, Florida, with the legal description of: VILLA LAGO CONDOMINIUM UNiT 2124, according to the plat thereof as recorded in PIat Book 43 Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-17-18-000-2124 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 ifappealed 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 efTeet, 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. J DO 'E AND ORDERLD after hearing.at City of Boynton Beach, Palm Beach County, Florida this L42/day of Carol D. Ellis ?. CODE COMPLIANCE MAGISTRATE Qct .19 2014 CITY CLERK'S OFFICE a ATTEST: btd 'Y CLERK — D copies furnished: Honorable Mayor and file City Commission City .Attorney City Cleric Respondent Carol D. Ellis ?. CODE COMPLIANCE MAGISTRATE Qct .19 2014 CITY CLERK'S OFFICE !� t7' 11 t ` ? 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)'142-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-83 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: o. 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. o 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. o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order'4. 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 7 20_ r Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Leach, Florida November 19, 2014 Ms. Ellis explained the current request is to reduce the lien. If eligible, she could reduce the lien, The lien was set for $203,500 based on 407 days of non-compliance at $500 a day. Decision Based on the testimony, Ms. Ellis reduced the lien from $203,500 to $20,000. It was clarified the violations were being treated as two separate cases and the fine was in addition to the administrative costs of $634.12. Case leo. 13-83 Daniel P. Navillo 764 Rider Road Ms. Springer explained the Notice of Violation was sent on January 17, 2013, for the same violations as in the prior case. The case was heard on March 20, 2013, and Patty Navilio appeared. The compliance date and fine was set for May 4, 2014 or a fine of $500 would be imposed thereafter. The violations were corrected on June 16, 2014, having $203,500 in fines and administrative fees. Staff recommended imposing only administrative fees of $634.12 for the second case. Decision Ms. Ellis approved the staff recommendation of a fine of $634.12. Case No. 11-2388 Frandieu Nazaire 607 S. Seacrest Boulevard Ms. Springer explained the Notice of Violation was sent on August 30, 2011, regarding a permit for the carport enclosure. The case was heard on November 16, 2011, and Frandieu Nazaire appeared. The compliance date and fine set was January 16, 2012, and the violations were corrected on August 28, 2013, accruing a fine of $59,000 and administrative fees of $730.15. Ms. Springer was contacted in September for the lien reduction. There was a long list, of repairs to be made, which Ms. Springer reviewed. In September, the property was re -inspected and a few items were outstanding. A lien reduction inspection on October 10 revealed the property was eligible. The case was heard last month and the matter was tabled to allow Mr. Nazalre time to provide information on the sale of the property. Frandieu Nazaire provided receipts on how much he spent to improve the property. He commented all was in compliance and he provided an invoice for $54,000, He stated this home was a foreclosure property and the market value of the property was about $130,000. 9 r • _t CITY OF BOYNT.ON BEACH Petitioner, vs. DANIEL P. NAVILIO Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 13-83 LIEN MODIFICATION ORDER •THIS CAUSE came belbre the City of Boynton Beach Code Compliance Magistrate, on the Respondent's application for lien reduction on.November 19 20t4, 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 Darty 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 suhject matter jurisdiction of this cause, and jurisdiction' over the Respondent. 3. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on March 20, 2013 on the Property located at 764 Rider Rd., Boynton Beach, Florida, with the legal description of: LAKE ViSTA UNIT 1 AS IN OR8099P1230, according to the plat thereof as recorded in Plat Book 33, Page 41 and 42, of the Public Records of Palm Beach County, Florida, PCN:. 08-43-45-22-28-000-0010 is REDUCED TO $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 pennitted regarding lien reduction. DONE AND ORD RED after hearing at City of Boynton Beach, Palm_Beach County; Florida this. day of ,A (eTro�ID: Ellis CODE COMPLIANCE MAGISTRATE' ATTEST: fC Y CLCRK L"Copies furnished: . I Ionorable Mayor and the City Commission City Attorney City Clerk Respondent DEC i CIiY CiERY�C OFFICE l 1 r �•' r N li► �I YN W-1 Police Department 'A CFA Accredited Law Enforcement Agency ' i�1�,�•� 100 B. Boynton Beach Bouleuard „, F Boynton Beach, Florida 33425-03 10 w Phone: (561) 742-6100�- Jeffrey Katz Chief Police a of Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-2388 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, the following procedures are to be followed: ❑ A City Commissioner has seven (7) days from the rendition of the Order to request th'e 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 1 20_ Meeting Minutes Code Compliance Special Magistrate Hearings iBoynton Beach, Florida November 19, 2014 _ Ms. Ellis explained the current request is to reduce the lien. If eligible, she could reduce the lien. The lien was set for $203,500 based on 407 days of non-compliance at $500 a day. Decision Based on the testimony, Ms. Ellis reduced the lien from $203,500 to $20,000. It was clarified the violations were being treated as two separate cases and the fine was in addition to the administrative costs of $634.12. 2ase No. 113-83 D. n i e I F99WT2ff,= Ms. Springer explained the Notice of Violation was sent on January 17, 2013, for the same violations as in the prior case. The case was he on March 20, 2013, and Patty Navilio appeared. The compliance date and fine was set for May 4, 2014 or a fine of $500 would be imposed thereafter. The violations were corrected on June 16, 2014, having $203,500 in fines and administrative fees. Staff recommended imposing only administrative fees of $634.12 for the second case. Decision Ms. Ellis approved the staff recommendation of a fine of $634.12. Case No. 11-2388 Frandieu Nazaire 607 S. Seacrest Boulevard Ms. Springer explained the Notice of Violation was sent on August 30, 2011, regarding a permit for the carport enclosure. The case was heard on November 16, 2011, and Frandieu Nazaire appeared. The compliance date and fine set was January 16, 2012, and the violations were corrected on August 28, 2013, accruing a fine of $59,000 and administrative fees of $730.15. Ms. Springer was contacted in September for the lien reduction. There was a long list, of repairs to be made, which Ms. Springer reviewed. In September, the property was re -inspected and a few items were outstanding. A lien reduction inspection on October 10 revealed the property was eligible. The case was heard last month and the matter was tabled to allow Mr. Nazaire time to provide information on the sale of the property. Frandieu Nazaire provided receipts on how much he spent to improve the property. He commented all was in compliance and he provided an invoice for $54,000. He stated this home was a foreclosure property and the market value of the property was about $130,000. IJ Meeting Minutes Code Compliance special Magistrate Hearings Boynton Beach, Florida November 19, 2014 Decision Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in administrative costs. Case No.•13-1459, Lynn Cave 423 Bayfront Drive Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no one appeared. The compliance date was to comply by October 31, 2013, or a fine of $150 a day would be imposed thereafter. The violations were corrected on October 17, 2014, accruing a fine of $53,500 and administrative fees of $634.12. Ms. Springer explained she was contacted on October 16, 2014, for lien reduction information. An inspection revealed the property was in compliance and all was up to date. Lynn Cave, the property owner and Cracy Livingston, the settlement attorney for the current sale of the property, were present. Ms. Cave explained she was selling the property at a great loss and in conducting the title search, learned of the lien. She advised she never got a letter or notice about the matter. She emailed Ms. Springer and made application to come, but had not paid the $60 because she did riot know where to pay. Ms. Cave advised the property was rented about 50% of the time. Since staff could not determine when it was rented, they used the date the Code Officer verified it was vacant. The address used was from the Property Appraiser and Tax Collector. She did not know a Business Tax Receipt was needed to have a rental property. Attorney Livingston commented when she presented Ms. Cave with information on the lien, she had no idea of it. She called immediately, and the home was being sold. She hoped this would not be an issue with the sale. Decision Based on the testimony of eligible for the lien reduction administrative costs $634.12 Case No. 14-836 the City and Respondent and given the Respondent is . Ms. Ellis reduced the lien from $52,500 to $2,000 plus Antonio Reale 521 NE 2"a Street Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding a Business Tax Receipt and inspection, outside storage, trash and debris. The case was heard June 18, 2014, and Heather Crimes appeared. The compliance date and fine was June 28, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on September 22, 2014, accruing a fine of $4,260 and administrative fees of $634.12 W CITY OF BOYNTON BEACI-{ Petitioner, M FRANDiEU, NAZAIRE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA .LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on November 19 2014, 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 sut?ject 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 November 16, 2011 on the Property located at 607 S. Seacrest Blvd., Boynton Beach, Florida, with the legal description of: BOWERS PARK LT 1 (LESS N 81 FT & E 7 FT RD R/W) & LT 2 (LESS N 81 FT) BLK10 & N 7.5 FT OF ABND 15 FT ALLEY LYG S OF & ADJ TO, according to the plat thereof as recorded in Plat Book 11 Page 57, of the Public Records of Paha Beach County, Florida, PCN: 08-43-45-28-12-010-0012 is REDUCED TO $2,730.15, 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 Canmission'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 pennitted regarding lien. reduction. DONE AND ORDERED after hearing at City of Boynton 41, ATTEST: �fY CLERK copies furnished: / Honorable Mayor and the City Commission City Attorney City Clerk Respondent Beach, Palin Beach County, Florida this /lam day of �Carol D. Ellis CODE COMPLIANCE MAGISTRATE N CE-��( CLERKS ",I 7 ��. � � 1 t €!� �> c� t t i I �I� t ii �•' Ii � ' f 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: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-1459 In accordance with Ordinance number 001-07, the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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) o Said review must occur within thirty (30) days of the request for review. u 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. u 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_ Meeting Minutes Code Compliance Special Magistrate Hearings Boynion Beach, Florida November 19, 2014 DeGislon Based on the testimony, Ms. Ellis reduced the $59,000 lien to $2,000 plus $730.50 in administrative costs. Case No. 13-1459 Lynn Cave 423 Bayfront Drive Ms. Springer explained a Notice of Violation was sent on July 10, 2013, regarding an inspection for a Business Tax Receipt. The case was heard October 16, 2013, and no one appeared. The compliance date was to comply by October 31, 2013, or a fine of $150 a day would be imposed thereafter. The violations were corrected on October 17, 2014, accruing a fine of $53,500 and administrative fees of $634.12, Ms. Springer explained she was contacted an October 16, 2014, for lien reduction information. An inspection revealed the property was in compliance and all was up to date. Lynn Gave, the property owner and Bracy Livingston, the settlement attorney for the current sale of the property, were present. Ms. Cave explained she was selling the property at a great loss and in conducting the title search, learned of the lien. She advised she never got a letter or notice about the matter. She emailed Ms. Springer and made application to come, but had not paid the $6.0 because she did not know where to pay. Ms. Cave advised the property was rented about 50% of the time. Since staff could not determine when it was rented, they used the date the Code Officer verified it was vacant. The address used was from the Property Appraiser and Tax Collector. She did not know a Business Tax Receipt was needed to have a rental property. Attorney Livingston commented when she presented Ms. Cave with information on the lien, she had no idea of it. She called immediately, and the home was being sold. She hoped this would not be an issue with the sale. Derision Based on the testimony of the City and Respondent and given the Respondent is eligible for the lien reduction. Ms. Ellis reduced the lien from $52,500 to $2,000 plus administrative costs $634.12 Case No. 14-836 Antonio Reale 521 NE 2nd Street Ms. Springer explained the Notice of Violation was sent on April 8, 2014, regarding 8 Business Tax Receipt and inspection, outside storage, trash and debris. The case was heard June 18, 2014, and Heather Grimes appeared. The compliance date and fine was June 28, 2014, or a fine of $50 a day would be imposed thereafter. The violations were corrected on September 22, 2014, accruing a fine of $4,250 and administrative fees of $634.12 10 CITY OF BOYNTON BEACH Petitioner, vs. LYNN CAVE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 13-1459 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on November 19 2014, pursuant to Chapter T«ro, .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 andjurisdiction 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 October 16, 2013 on the Property located at 423 Bayfront Dr., Boynton Beach, Florida, with the legal description of: BAYFRONT OF BOYNTON BEACH CONDOMINIUM UNIT 423 BLDG 4 IN OR2013PI665, according to the plat thereof as recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-04-33-004-4230 is REDUCED TO S2,634A2, 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 tate 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 ORD RFD after hearing at City of Boynton Beach, Palin Beach County, Florida this � day of A'T'TEST: �C 'YCLERK •_,Qc��`d�Tc%� c" copies furnished: / Honorable Mayor and the City Commission City Attorney City Clerk Respondent Carol D. Ellis CODE COMPLIANCE MAGISTRATE, —11 EC 19 2014 CITY CLERK is OFFICE 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: January 22, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-1675 In accordance with Ordinance number 001-07, the enclosed,"Final Lien Modification Order" is hereby forwarded to you for review. As required by Ordinance number 001-07, 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) u 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_. Meeting Minutes Cede Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 Mr. Naurelus asked for more time. Ms. Ellis explained the hearing already took place and he did not show. He advised he did not know the hearing was in the morning and he came in the afternoon. Ms. Ellis advised she could not grant an extension. She certified the fine and advised he could come back to request a reduction. Case No. 14-2260 Rossene R. Jean-Pierre Property Address: 121 Arthur Court Viclation(s): CO CH13 SEC 13-16 Apply for and pass inspection for Business Tax Receipt for rental property. Officer Roy explained the case arose from a citizen complaint. The initial inspection on September 15, 2014, revealed the above violation. The Respondent was not a repeat violator. Written notice was sent September 2, 2014 giving 10 days. Certified mail was sent on October 30, 2014, and sent via regular mail on October 2, 2014. Staff recommended 15 days be given to correct the violations and a fine of $100 a day thereafter. Rossene R. Jean Pierre, the, property owner, explained he lives at the property and it was not a rental property. Officer Roy noted he has his mailing address in West Palm Beach and there was no exemption information. to Ms. Ellis ruled, Mr. Jean-Pierre will have to produce evidence to the City by Friday, November 21St to confirm he is the owner and he lives there. If not done by Friday, he will be found in violation. She gave seven days to comply or a fine of $100 a day would be imposed thereafter. Case No. 13-1675 Blanche H. Girtman NE 10th Avenue Ms. Springer presented the case. The Notice of Violation was sent on August 10, 2013, to mow an overgrown vacant lot, and remove the downed fence stored on the lot. The case was heard on September 18, 2013, and no one appeared. The compliance date and fine set was September 28, 2013 or a fine of $200 a day would be imposed thereafter. The violations were corrected on December 21, 2013, accruing a fine of $16,600 plus administrative fees. There were outstanding property taxes and this was a property just purchased by the CRA. The Respondent is elderly. Her daughter was unaware of the lien until the CRA tried to purchase the property. The property has been maintained and they were asking for a reduction. '15 Meeting Minutes Code Compliance Special Magistrate Hearings Boynton Beach, Florida November 19, 2014 Claire Girtman Gale, the Respondent's daughter, explained her mother is 92 years old and was frail. She has old age dementia. Ms. `Girtman found a letter going through her mother's mail, but the fees were already assessed. She contacted Code Compliance right away and worked to satisfy the requirements. She was assuming all of her mother's duties, and she had assumed her mother had addressed them. The subject property was allowed to be used for a community garden for 5 to 10 years. The matter occurred through a lack of communication. After two knee surgeries, with one at age 88, her mother could not maintain the property. She requested a reduction. Decision Given the testimony by the City and the Respondent's representative, and the fact she is eligible for the lien reduction, Ms. Ellis reduced the lien from $16,600 to $500 plus administrative costs of $634.12. Case leo. 14-2155 Michael L Snadowsky & Lanai C Jenks -S nad ows ky Property Address: 1395 E. Fairfax Circle Violation(s): CO CH2 SEC 2.5-3 + 2.5-7 Obtain Alarm Decal as required and place on front door or front window. Officer Roy presented the case for the above captioned violation. The Respondents were not repeat offenders. Certified mail was sent on October 13, 2014 and the green card was signed on October 20, 2014. Staff recommended 10 days be given to correct the violation and a fine of $100 a day thereafter. Decision Seeing no one in the audience to speak on the matter, and finding proper notice was given by the City to the Respondent, leis. Ellis ordered a 10 -day compliance date of November 29, 2014, and a fine of $100 a day would be imposed thereafter Case Wo. 141392 Federal National Mortgage Assoc. Property Address: 232 SW 4th Avenue Violation(s): CO CH13 SEC 13-16 COCH15 SEC 15-120(D) Inc. Apply for and pass inspection for Business Tax Receipt for rental property. Install sod in front yard and swale area. Officer Cain presented the case for the above captioned violations and commented the case was a health and safety matter. Staff recommended a 15 -day compliance date, or a fine of $50 a day would be imposed thereafter. i[ CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 13-1675 BLANCHE Ff. GIRTMAN 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 November 19 20I4, 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 September 18, 2013 on the Property located at NE 10`1' .eve.. Boynton Beach, Florida, with the legal description of: FRANK WEBER. ADD LT 1) & E I I FT OF LT 12 (LESS S.20 FT R/W 10��� AVE) BLK 1, according to the plat thereof as recorded in Plat Book 9 Page 3, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-25-001-01 10 is REDUCED TO $1,134.12. 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 wider 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 dle Code Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. l DONE AND ORD�ED after hearing at City of Boynton Beach, Palm Beach County, Florida this �//day of 14,4e��:�)J��L 2071 /1- r t Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: -� 4 TY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent IF U 1,. 12 D - ITEC 19 2014 CITY CLERK'S OFFICE