13-2413 Frank W Allena
D_ 0
I Lilice Department
"A CFA Accredited Law Enforcement Agency
700 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (56 1) 742-6100''
,Jeffrey Katz
Chief, of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 21, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-2413
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 00107,
the following procedures are to be followed:
Lj 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)
ij 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,
71 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 120
Case No. 13-2413 Frank W. Allen 1428 SW 25th Place B.
Ms. Springer presented the case, The Notice of Violation was sent October 30, 2014 to
repair the roof. The compliance date and fine was February 14, 2014, or a fine of $50 a
day would be imposed thereafter. The violations were corrected on June 25, 2015,
accruing a fine of $24,750 and administrative fees of $730.15, Ms. Springer was
contacted in July for the lien reduction inspection, The Respondent had to pay a water
bill, but failed inspection because of an open permit. Once the permit was finalized, the
property was ready for lien reduction.
Robert Arnold, SD Trust Services, explained Mr. Allen conveyed the property to the
firm in August 2014, and there is a deed recorded. Ms. Springer explained they
purchased the property with the lien on it and that was why the lien is under his name.
Mr. Arnold explained his firm did the remediation. The roof was damaged and the water
destroyed the interior of the unit. They paid for a demolition permit and closed it out.
The property is in compliance. They want to make other repairs up to Code.
Decision
Ms. Ellis reduced the lien to $1,000 plus administrative fees of $730.15.
Case No. 14-2022 Pro Serve Industries Inc. 1202 SW 216t Avenue
Ms, Springer presented the case. The Notice of Violation was sent August 26, 2014,
The case was heard October 15, 2014, and no one appeared. The compliance date
and fine set was October 30, 2014, or a fine of $200 a day would be imposed thereafter.
The violations were corrected on May 28, 2015, accruing a fine of $41,800 and
administrative fees of $826.18. Ms Springer was contacted in early September for a
lien reduction and they needed to final the air conditioning permit, which was done two
days later.
Pete Lewis, Pro Serve Industries, Inc. advised they took ownership of the property a
year ago. The roof was done, and they got through all the permits. The contractor was
elderly and became ill. He contacted his company to call in the inspection. The
owner/contractor died and he called the company manager but he was not working in
Boynton Beach and could not call in inspections. He has new permits pulled and he
obtained the final inspections. The process was long with the change of contractor
form. All the prior work received a sign off.
Decision
Based on the testimony presented, Ms. Ellis reduced the lien from $41,800 to $2,000
plus administrative costs of $826.18,
CITY OF BOYNTON BEACH
Petitioner,
vs.
FRANK W, ALLEN
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 13-2413
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on September 16, 2015 pursuant to Cliapter Two, Article Five of the City Code of Ordinances.
The Magistrate having considered the application, Lill 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 other -wise 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 January 15, 2014 on the Property located at 1428 SW 25" Pl. B,
Boynton Beach, Florida, with the legal description of;
GOLF VIEW HARBOUR ESTATES LOT B, BLK 13, according to the plat thereof as recorded in Plat Book 41, Page I 11,
of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-32-13-013-0020 is REDUCED TO $1,730,15.
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" Com rn issi on'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 Curther action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien
reduction.
rDr E AND ORDERED
1(
11i _
� 2015.
ATTEST:
after hearing at City of Boynton Beach, Palm Beach County, Florida thiS4!�//<ay of
*Y CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
P, ? 1 "I'V7
(61 12TOV a
F
COKS OFF'GE
1
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE