10-662 - Andre GarconThe CUU 2LBo nton Beach
Police Department
A CFA Accredited La w Enforcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Floridn 331
Phone (501) 712.6100
Fax. (561) 742.6185
G. Matthewlmmler, ChiefofPolice
Scott Blasie, Code Compliance Administrator
Phone (501) 712.6120
Fax: (561) 742.6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: April 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10 -662
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:
u A City Commissioner has seven (7) days from the rendition of the Omer to request the
City Manager's Office to place the case on a City Commission Agenda for review.
(Space provided below for transmittal purposes)
o 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.
o 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 , 2011.
America's Gateway to the Gullstream
Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, Florida March 21, 2011
inclusive. Motion failed 3-4 (Ms Carroll, ft. Brake, Mr. Alexls, Mr. LaRock dlssenift).
Chair Costantino asked Board to discuss the Issues and try again.
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has compiled with all lien reduction
procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Mr. Brake moved that this Board reduce the fines instituted in the
aforementioned case by virtue of this Board's Order of August 18, 2010 to an amount of
$4,500.00, including administrative costs and seconded by Mr. Larock. Motion passed 4-
3 (Mr. Foo4 Mr. Yerzy, Chair Costan&7o dissenting),
Case #10 -662 Andre G. Garcon 407 NW 15" Ave.
Mr. Blasle presented the case and set forth the details of the violations. The case had
originally been cited March 8, 2010 for violations to the City's Community Appearance
Code relating to the fence and a driveway in bad condition. The case had been
presented to the Board on May 19, 2010, and no one had appeared. A compliance date
and proposed fine was established by the Board on June 18, 2010, or $50 per day,
Staff documented compliance on February 16, 2011, for 242 days of non- compiiance,
plus administrative costs. There was an outstanding water bill totalling $1,338.34. Mr.
Blasle advised the lien reduction Involved two cases for the property at 407 NW 15"'
Avenue. The photos were for both cases.
Michael Traster, 3960 Mypoluxo Rd, Ste 100, Boynton Beach, represents the new
owner, Wells Fargo, and Is co- listing agent on the property. Mr. Traster indicated there
was a contract with a closing date pending the lien reduction hearing. Purchase price
was $35,000. There was discussion about when the property was secured. Expenses
overall are In the $5,000- $7,000, range in addition to the water bill that was paid off.
Mr. Blasle Indicated the driveway is an enhancement because instead of patching, or
pouring asphalt, concrete was used. There was a question as to the fence repair and It
was indicated that it had been removed. Chair Costantino asked for motion or further
discussion.
Motion
Based on the testimony and evidence presented In the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Mr. LaRock moved that this Board reduce the fines Instituted in the
aforementioned case by virtue of this Board's Order of May 19, 2010 to an amount of
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Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, Florida March 21, 2011
$4,000, Including administrative costs. Mr. Foot seconded the motion after discussion.
Mr. Foot suggested the Board look at it with a heavier hand. Again, this has been a
detriment to the neighborhood. He feels an amount greater than $10,000 would be
reasonable. Mr. Brake reminded the Board that this is being sold to an end -user and to
make sure It gets to an end-user without any Issues. It is a $35,000 purchase price and
It may not be able to be put together if costs are too high. Mr. Alexis reminded the
Board there Is another case on this property and to be careful what is being done on
this case. Mr. Foot Indicated the $10,000 suggestion was for both cases and it could be
broken up. Mr. Foot suggested putting a higher amount on the second case. It was
suggested possibly $3,000 on the First and $4,000 on the second for a total of $7,000
including administrative costs. The Chair tailed for an amended motion.
Motion
Based on the testimony and evidence presented In the aforementioned case, and
having been advised that the Respondent has complied with all lien reduction
procedures set forth In Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Mr. LaRock moved that this Board reduce the fines instituted in the
aforementioned case by virtue of this Board's Order of May 19, 2010 to an amount of
$3,000, including administrative costs. Motion was passed 6-1 (Ms Carroll dlssenting).
Ms. Carroll intedected her opinion saying she feels the Board is going over on all of the
cases. She feels if you have compliance, a minimal fee and administrative costs is
sufficient. She wished to explain why she votes no.
Case #10 -2006 U.S. Bank National 407 NW 15 Ave.
Association
Mr. Blasle presented the case and set forth the details of the violations. The case had
originally been cited July 8, 2010 for violations to the Foreclosed Property Registration
and overgrowth. The case had been presented to the Board on August 18, 2010, and
no one had appeared. A compliance date and proposed 'Fine was established by the
Board of August 28, 2010, or $100 per day. Staff documented compliance on
December 29, 2010 for 122 days of non - compliance, plus administrative costs. Mr.
Blasle advised the lien reduction Involved two cases for the property at 407 NW 15
Avenue.
Chair Costantino asked Mr. Traster to reidentify himself for the record. There were no
additional comments.
8
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10 -662
ANDRE G. GARCON
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on March 31, 2011, pursuant to
Chapter two, Article five of the City Code of Ordinances. The Board 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 board 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 Board 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 Board on Mav 19, 2010 on the
Property located at 407 NW 15` Ave., Boynton Beach, Florida, with the legal description
of
ROLLING GREEN RIDGE 2 ND ADD LT 16 BLK 44, according to the plat thereof as
recorded in Plat Book 26, Page 214, of the Public Records of Palm Beach County,
Florida,
PCN: 08- 43- 45- 21 -34- 044 -0160 is REDUCED TO $3,000.00.
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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 Code
Compliance Board 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 Board
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 5 day of , 2011.
(\-m I wi,�4L>---
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
K4�tl . ,
CLERK 1: 1 to
ApQ 0 7 2011
kurnished: 'cgi CLERK , or�IG�
le Mayor and the City Commission
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