11-1340 - Raymond & Linda AvalloneWIN ININIM
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: (56]) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: June 25, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11-1340
In accordance with Ordinance number 00107, 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)
Li Said review must occur within thirty (30) days of the request for review.
j 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, -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
I •
MAY 21, 2014
had pictures to show anything different. Mr. Caliendo said he did, but was not able to
produce them, Mr, Caliendo commented he contacted his State Representative who
sent someone to assist with painting the building.
Ms. Ellis explained the prior cases had time lines that were not adhered to. This should
have been Mr. Caliendo's opportunity to tell the Magistrate what progress had been
made on his property.
Wz=
Ms. Ellis explained Respondents must appear at scheduled hearings in order to
determine if there has been any compliance. She certified the fine and explained there
would be an opportunity to apply for a lien reduction.
Mr. Caliendo stated the property will never come into compliance because Officer Hart
will always find something wrong. Mr. Caliendo became somewhat irate and had to be
escorted out by police officers.
NOTE: This section is taken out of order
E. Lien Reductions
Case No. 11 -1340 Raymond & Linda Avallone
Property Address: 3210 SE 2 nd Street
Violation(s): CH15 SEC. 15-120 (D) INC.
Remove trash. Mow grass and weeds.
Ms. Springer presented the case. The Notice of Violation was sent June 3, 2011. This
case came before the Code Compliance Board on July 20, 2011 and no one appeared.
Compliance date set by the Board was July 30, 2011 or a fine of $100 per day. The
case complied on December 06, 2011 for 127 days of non-compliance for a total fine of
$12,700 plus administrative fees of $634.12.
Ms. Springer was contacted an January 6, 2014 when a lien reduction inspection was
conducted. The windows, doors and air conditioning compressor needed to be
replaced. A hole in the soffit had to be repaired and trash and debris removed.
Electrical fixtures needed to be replaced, and the parking lot needed to be repaired and
restriped. There were outstanding water bills of approximately $200, and municipal
liens totaling $2,600, Ms. Springer was again contacted in April 2014 for a re-inspection
at which time the property passed for a lien reduction.
Daniel Derogatis, 3210 SE 2nd Street, the new owner, explained no work was started
on the property until the title was cleared. Mr. Derogatis contacted Ms. Springer for the
list of violations that were resolved. He also paid the outstanding water bills. Mr.
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1 - .1 0 ya g a to] 0 grael n MZ
MAY 21, 2014
Derogatis is requesting a lien reduction of the fines accrued by the previous owner. Ms.
Ellis inquired of the cost for the repairs. Mr. Derogatis replied the windows and doors
were approximately $12,000, the paint, man hours and air conditioning system was $3-
4,000 per unit. The water bills for all of the units were also paid which totaled
approximately $3,000. There were also two municipal liens for mowing and board up at
a cost of $2,600.
Decision
Based on the testimony of the City and the Respondent, Ms. Ellis approved the lien
reduction to $1,000 plus administrative fees of $634.12 for a total of $1,634.12.
Case No. 11-2869 Raymond & Linda Avallone
Property Address: 3210 SE 2 d Street
Violation(s): CH10 SEC. 10-56 (D)
Secure all openings to prevent unauthorized
individuals from entering the building.
Ms. Springer presented the case. The Notice of Violation was sent on October 17,
2011. This case came before the Board on December 21, 2011 and no one appeared.
Compliance date set by the Board was December 31, 2011 or a fine of $200 per day.
The property came into compliance on February 27, 2012 when the City had a
contractor board up the building. There were 57 days of non-compliance for lien
amount of $11,400 and four inspections at $634.12.
Daniel Derogatis, 3210 SE 2 nI Street, the new owner, explained this is the same case
as previously discussed and the same information applies to this case.
FITU4=0
Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien
reduction to $1,000 plus administrative fees of $634,12 for a total of $1,634.12.
Case No. 11-52 BAC Home Loans Servicing
Property Address: 437 SW 10 Avenue
Violation(s): CH10 SEC. 10-51.5 INC.
Property foreclosure must be registered.
Repair fence. Mow, weed and trim overgrowth.
Ms. Springer presented the case. The Notice of Violation was sent on January 7, 2011.
This case came before the Board on March 16, 2011 and no one appeared. The
compliance date set by the Board was March 26, 2011 or a fine of $100 per day, This
case complied on March 5, 2014 for 1,074 days of non-compliance. The total amount of
the fine is $107,400 with administrative fees of $634.12.
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CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
V& CASE NO, 11-1340
RAYMOND & LINDA AVALLONE
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 May 21, 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 sul3ject 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.
1 The lien imposed by the Magistrate on July 20, 2011 on the Properly located at 3210 SE 2 "d St., Boynton
Beach, Florida, with the legal description of:
JOSEPHINE S LATINO SUB LOT 11, according to the plat thereof as recorded in Plat Book 38, Page 78, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-46-04-25-000-0110 is REDUCED TO $1,634.12.
4. The City shall prepare a release and satisfaction consistent with this Order.
5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly
disposed by the City Commission.
7. In the event that the property owner does not comply with the Magistrate's order, as approved or modified by
the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no further force
or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be permitted,
and no further action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien
reduction,
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of
1 2014.
Carol M Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
City Clerk F L
Respondent
I
J JN 2 3 2014
CITY CLERK'S OFFICE