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Police Department
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`A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
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Boynton Beach Florida 33425-0310
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Phone: (561) 742-6100
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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 #14-1738
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".
I, , her 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
Special Magistrate hearings
Boynton Beach, Florida April 15, 2015
Case No. 15-394 John S. Kennelly
Property Address: 1128 SW 26th Avenue
Violation(s): CO CH16-SEG 15-120 (D) IN.C.
Mow and weed front yard.
Officer Pierre presented the case as contained in the Notice of Violation and advised
the Respondent was present, Officer Pierre had photographs he showed to the
Respondent and Ms. Ellis. The Respondent also had photos.
John Kennelly, 2855 NE 301h Street, Lighthouse Point, the owner of the property,
explained a notice dated March 5th was not mailed until March 11th and was received on
March 13. On the 17th, he had a crew at the house to address the issues. It was
resolved within one or two days of receiving the notice.. The crew has now been tasked
with cutting and weeding every two weeks. They are employees of some of his
businesses. He had photos on his phone reflecting the current condition of the property
as of this morning, and he apologized for the oversight.
Officer Pierre requested the case be tabled. His photos were taken yesterday.and there.
were we=eds remaining. He acknowledged the property was mowed, but it was all
weeds and not grass. Mr. Kennelly wanted to .show, the photos reflecting the property
was maintained. The grass in the front yard had different vegetation, and he
understood it was compliant. He commented the garden had no weeds.
Ms. Ellis recognized Mr. Kennelly's efforts to comply. If there were weeds, it could be
remedied. After this hearing, she recommended he confer with the Code Officer.
Decision
Ms. Ellis tabled the ,case until the next month. She anticipated all the issues would be
addressed by then.
Mr. Kennelly requested the case be dismissed. He commented only prior to the notice
Was there a violation. The evidence shows the property is compliant, and he proved his
case and the City had not. The City could recite the case, if needed, and he preferred
not to come to a hearing again. Ms. Ellis responded there was a dispute of fact. She
was tabling the case until next month, and explained he would most likely not have to
come back if resolved.
Case No. 14.1738, Cameau O & Marie B. Danois 2655 SE 2nd Street
Diane Springer, Code Compliance Coordinator, explained a Notice of Violation was
sent on July 25, 2014, to apply for and pass a Business Tax Receipt inspection for a
rental property, address trash and debris, and install four -inch house numbers to be
visible from the street. The case was heard on September 27, 2014, and no one
K
Meeting Minutes
Special. Magistrate Hearings
Boyntgn 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 fora 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 Liuzzo Maazocchi 201 NE 27th Avenue
Ms. Springer explained there were. two cases for the same property fo,r 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 Off' BOYNTON BE, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO, 14-1738
CAMEAU 0. DANOIS & tMARIE B. DANOIS
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 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 cut -rent 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 17, 2014 on the Property located at 2655 SE 2nd St.,
Boynton Beach, Florida, with the legal description of.
HIGH POINT S 22 FT OF E 40 FTOF LOT 74, S 13 FT, N 9.FT OF S 22 FT OF W 35 FT OF LT 75, LT 76 (LESS SLY 80
FT) & 'E 40 FT OF LOT 77 (LESS S 80 FT), according, to the plat thereof as recorded in Plat Boole 23, Page 225, of the
Public Records of Palm Beach County, Florida,
PCN: 08-43=45-33-04-000-0741, 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.
D�NE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this,,:2i day of
_, 2015.
ATTEST: ,
L-CY4 Y (�LERK
nd the City Commission
F5�.—
MAY 05 2015
CITY CLFRK`S OFFICE
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE