12-1224 Andre J JeanPolice Department
"A CFA Accredited Lau) Enforcement Agency"
100 E. Boynton Beach Bouleuard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-610o
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
Date: November 13, 2015
To-, City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-1224
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:
D 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.
D 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.
Lj 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 BE'ACH
Petitioner,
VS. CASE NO. 12-1224
ANDRE J. JEAN
Resporident(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 October 2
2415, , 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 %agistyatt hearing, the date the affidavit of v,,as issued, the currem 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.
1 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 15, 2012 on the Property located at 201 NE 16`h
Ave.,
BoyntonBeach, Florida, with the legal description of,
GR
:I GEEN I'"' ADD LT 11 13LK 35, according to the plat thereof as recorded in Plat Book 23, Page 223 to 226
inclusive, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-16-01-u')5-01 10 is REDUCED TO $2,750,00.
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,
T 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 o f'Corrnn issi on's action, the Lien Reduction Order shall he 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 [lie Code Compliance Magistrate or the City Commission shall be permitted regarding lien
reduction.
)ONE AND ORDERED after hearing at City of Boynton Beach, Palin Beach County, Florida this )kday of
�041) 2015.
ATTEST:
OC YCLE�RIK
copies l'urnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
Carol D. Ellis
CODE COMPLIANCE MAGTSTRATF�
L 'F D
4r
N 0 V 1.1 3 42 0 1 `3
CITY CLERKS 0FRCE
Meeting Minutes
Code/Lien Reduction Magistrate Hearings
Boynton Beach, Florida October 21, 2015
Based on the testimony, Ms. Ellis reduced the lien to $3,000 plus the $634.12 in
administrative fees,
Case No. 10-3128 JP Morgan Chase National Assoc. 2370 NW 2 nd Stree!
Ms. Springer presented the case, The Notice of Violation was sent October 21. 2010
regarding registration of a foreclosed property. The case was heard January 11, 2010
and no one appeared. The compliance date and fine was January 29, 2011 or $50 a
day. The violations were corrected on August 23, 2013 accruing a fine of $46,800 and
administrative fees of $634,12.
Ms. Springer was contacted in 2013 by a reactor about the property and she sent a list
of violations that needed to be corrected. She was not contacted again until March
2014. She resent the list which included replacing missing windows screens, replace
the air conditioning compressor, repair the sprinkler system, weed and repair the
driveway and fence, replace the fascia and obtain permits for newly installed doors and
windows. The property was inspected in April and they needed to sod bare areas of the
yard, repair the driveway, there was an inoperable vehicle on the property and there
was an outstanding water bill. An inspection in September showed the property was
eligible for lien reduction inspection,
Chrismane Alexandre, the property owner, bought the home from the Bank in 2014.
The realtor who helped Mr. Alexandre with the paperwork explained he purchased the
home which had to be gutted and he was unaware he needed permits, When Mr.
Alexandre received the letter from the City he contacted him and was advised to obtain
the permit. He hired an architect, made the improvements and complied. Mr.
Alexandre paid $48,000 and the approximate market value was about $140,000.
Decision
Based on the testimony, Ms. Ellis reduced the lien to $4,600 plus administrative fees of
$634.12.
Ms. Springer explained the following two cases are for the same property, but have two
separate liens.
Case No. 12-1224 Andre J. Jean 201 NW 16th Avenue
Ms. Springer presented the case. The Notice of Violation was sent on June 28, 2012
regarding dogs must be humanely secured to the owners property at all times or on a
leash when off the owner's property. Each dog must have a current tag and registration
with Palm Beach County and proof of rabies vaccination must be submitted. The case
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Meeting Minutes
Code/Lien Reduction Magistrate Hearings
Boynton Bea -ch, Florida October 21, 2015
was heard on August 15, 2012, and Patrick Jean, the property owner's son appeared.
The compliance date and fine was a Cease and Desist Order on August 22, 2012 or
$250 per occurrence. There were three separate liens filed. There were 39 occurrences
for the first lien totaling $9,750; one occurrence in December 2013 for $250 and another
occurrence on March 215 for $250, totaling $10,250 for the three liens and affidavit filing
costs of $750.
Ms. Springer was contacted in July for a lien reduction inspection and the Respondent
had to repair or replace ripped window and soffit screens, remove outside storage, trash
and debris, repair broken windows, replace rotted fascia in the back of the house and
finish painting the rear of the home. The property was re -inspected in August and they
needed soffit screens and to remove outside storage. It was eligible for lien reduction
on September 8, 2015, and then Liz Roehrich, Animal Cruelty Officer, advised there
was a dog an the property that did not have proof of license and vaccination. The
property was re -inspected and they found a broken window and a washing machine
discharging into the ground, The Respondent repaired the window, removed the
washer and pipe and capped the pipe.
A. Joseph Jean, the Respondent, commented it took some time but it got done.
Decision
Ms. Ellis reduced the lien to $2,000 plus $750 administrative costs.
Case No 15-92 Andrea J. Jean 201 NE 16th Avenue
Ms. Springer presented the case. The Notice of Violation was sent January 12, 2015 to
apply for and pass inspection for a Business Tax Receipt inspection, paint the home
exterior, and obtain a permit for the newly installed fence. The case was heard March
18, 2015 and no one appeared. The compliance date and fine was April 17, 2015, or a
fine of $200 a day would be imposed thereafter. The violations were corrected on June
29, 2015, accruing a fine of $14,400 and administrative costs of $634.12.
Joseph Jean explained he had a permit when he first installed the fence, but it took
time to get the permit and make the repairs. His son lives in the home and did not tell
him about the violations. Had he known, he would have addressed it. He called the
Code Officer to find out what had to be done. The mail was sent to 202 SE 61h Street in
Delay Beach. There was a signed green card for the prior case, but Mr. Jean explained
for this case, they did not forward the mail to him.
Decision
Ms. Ellis reduced the lien to $1,440 plus the administrative fees of $634.12
23