13-362.The Cityof.Bounton 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: May 8, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-362
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_.
or w
Meeting Minutes
Special Magistrate Hearings
Boynton Beach, Florida April 15, 2015
appeared. The compliance date and fine was to comply by September 27, 2014, or a
fine of $50 a day would be imposed thereafter. The violations were corrected on March
14, 2015, having 157 of non-compliance for a fine of $7,850.
Ms. Springer was .contacted at the end of February for a lien reduction because the lien
was discovered. There were tenants in the property without the Business Tax Receipt.
The property passed the Business Tax Receipt inspection for the interior, but there were
exterior violations that needed to be addressed, including repair of the outside electrical
plug on the front of the house, repair light fixtures, gutters, paint the building, repair the
rear porch screen, sod the yard and swale, remove trash and debris and obtain a permit
for newly installed windows. It was re -inspected on March 19, 2015, and was eligible
for lien reduction.
Fabiola Angela Danois, 2657 SE 2nd Street, was present on behalf of her parents who
own the property. She requested a complete removal of the lien. They spent over
$4,000, plus other lesser expenses from Home Depot for the repairs. She commented
$4,000 was a lot of money. She apologized for the inconvenience and would make
efforts to continue to comply. Ms. Danois explained they use the home for a rental
property. Ms. Springer was unsure of any prior violations. Ms. Danois explained her
father goes to the property all the time and the tenants put items outside which they told
to remove. They are strict. Ms. Ellis inquired why no one appeared at the initial hearing.
Ms. Danois was unsure about miscommunication, but it was noted her dad signed the
green card.
Decision
Based on the testimony of the Respondent and the City, Ms. Ellis reduced the lien from
$7,850, to $1,000, plus the administrative costs for a total of $1,634.12.
Case No. 13-362 Raffaela Uuzzo Mazzocchi 201 NE 27th Avenue
Ms. Springer explained there were two cases for the same property for two different
violations. The Notice of Violation was sent March 8, 2013, to apply for and pass
inspection for a Business Tax Receipt for a rental property. The case was heard April
17, 2013, and no one appeared. The compliance date was April 17, 2013, or a fine of
$50 a day would be imposed thereafter. The violations were corrected on November
24, 2014, having a total fine of $28,750, plus administrative costs of $634.12.
Ms. Springer was contacted in November 2014, and the property was vacant so no
Business Tax Receipt was needed. The Respondents did need to sod, trim hedges and
pay outstanding property taxes. She was contacted in January, and a re -inspection
revealed they had to weed the flower beds, sod, replace window screens remove
outside storage and repair the soffit and electric meter. In February and March, there
were still items outstanding. The soffit repair and taxes were not addressed, plus there
3
CITY OF BOYNTON BEACH
Petitioner,
VS.
RAFFAELA LIUZZO MAZZOCCHI
Respondent(s).
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 13-362
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on April 15, 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 April 17, 2013 on the Property located at 201 NE 27'h Ave., Boynton
Beach, Florida, with the legal description of
ROLLIN GREEN RIDGE 0*` ADD LT 22 BLK 17, according to the plat thereof as recorded in Plat Book 24, Pages 223 —
226 inclusive, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-16-01-017-0220 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 for appeal tinder 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 an 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 thiscayday of
i
12015.
Carol D. Ellis
° CODE COMPLIANCE MAGISTRATE
ATTEST:
Cl Y CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
F9LED
MAY 0 5 2015
CITY CLERK'S OFFICE