96-4221 Gary T. & Joyce A. LaurainThe Citi�a f Boynton Beach
Police Department
"A CFA Accredited Law Enforcement Agencif'
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 742 -6100
Fax: (561) 742 -6185
G. Matthew Immier, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 74 -
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
August 9, 2011
City Commission
Code Compliance Division
Code Compliance Case #964221
�A POLIp
O'
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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 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
Motion
July 20, 2011
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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of September 15, 2010 to an
amount of $730.15 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 96 -4221 Gary T. & Joyce A. Laurain 719 NW 4th Street
Officer Roy reviewed the case. The notice of violation date was August 9, 1996 to repair
the driveway, resod the lawn and post street numbers on the dwelling. The hearing was
held on October 16, 1996 and no one appeared. The compliance date established was
January 11, 1997 or incur a fine of $25 per day. The violations were brought into
compliance on November 14, 2001 having 1,767 days of non - compliance.
Joyce Laurain, 719 NW 4th Street, the owner of the property, testified her husband
was repairing the driveway and had obtained permits, but was arrested and later
incarcerated. Ms. Lorraine is now divorced. She testified she has four children with one
income from a waitress position, and she could not finish the driveway herself. She
eventually repaired it, but the home was in foreclosure for five years. The case was a
hardship.
Officer Roy stated the driveway was repaired and the trash and debris removed. The
street numbers were also posted. Photographs taken in 1996 were distributed to the
members for their review. The driveway was large.
The cost to repair the driveway was almost $3,000. Ms. Laurain explained it took her a
lot of time to save the $3,000. After the arrest of her husband, the house went into
foreclosure within three months. Additionally, her house caught fire six years ago and
she experienced other hardships.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondents have complied with all lien reduction
procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of
Ordinances, Ms. Carroll moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of October 16, 1996 to an amount
of $922.21 which are the administrative costs. Mr, Alexis seconded the motion that
unanimously passed.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 96 -4221
GARY T. & JOYCE A. LAURAIN
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 July 20, 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 October 16, 1996 on the
Property located at 719 NW 4 "' St., Boynton Beach, Florida, with the legal description of:
RIDGEWOOD HILLS LT 155, according to the plat thereof as recorded in Plat Book 23,
Page 250, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -16- 000 -1550 is REDUCED TO $922.21.
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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 &}day of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
sUto
AU6 0 8 2011
copies furnished:
CY CLERKS OFFICE
Honorable Mayor and the City
City Attorney
City Clerk
Respondent
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