10-3370 - Andrew & Gail LucheyThe Citq o f Bolinton Beach
Police Department
"A CFA Accredited Law Enforcement Agenci
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida. 3342503I0
Phone: (561) 742-6100
Fax. (561) 742 -6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax, (56I 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -3370
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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
September 21, 2011
Case No. 10-3370 Andrew & Gail Luchey 2208 SE 4th Street
Officer Roy presented the case. The notice of violation was November 24, 2010, for
violations pertaining to the repair or replacement of damaged or missing soffit
screening. The case was heard January 19, 2011, and no one appeared. The
Respondents were ordered to correct the violations by January 29, 2011, or incur a fine
of $100 per day. The violations were corrected on April 6, 2011. The accrued fine
totaled $6,600.
Andrew Luchey, 8517 Estate Drive, West Palm Beach, testified they recently
purchased the property and they dropped the ball. The notice came into the office and
was misplaced. The property manager was at the property when the Officer was
present and they extended the time to correct the violation. The property manager has
since been terminated and he requested, because it was not a safety violation, they be
reduced to costs. He commented they have had properties in Boynton for the last 20
years and they always comply.
Discussion turned to the Respondent as Mr. Foot recalled was a repeat violator;
however, there were other sections of the Code they may have been in violation of, but
not with this property. There were no feces or fines. Mr. Luchey commented Mr. Foot
had filed a complaint against a property he had which would be used for a sober house
and there was a question whether the application was filed correctly.
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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 19, 2011, to an amount
of $2,500, including administrative costs. Mr. Foot seconded the motion. The motion
passed 4 -2,
Mr. Foot put on record that he did not draw any complaint against a property of Mr.
t_uchey's. He did not know if his wife did, but as a member of the Board, he does not
give complaints to Code Officers to act on.
Case No. 11 -1712 Countrywide Home Loans (1613 NE 4th SL)
Property Address: 1613 NE 4th Street
Violation(s): CO CH10 SEC. 10 -51.5 INC.
Property that is vacant or subject to default
must be registered with the City and
maintained per City Code. Mow overgrown
yard, repair fence, remove bees and hive from
rear of property.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -3370
ANDREW & GAIL LUCHEY
Respondent(s).
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LIEN MODIFICATION ORDER
THTS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on September 21, 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:
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 January 19. 2011 on the
Property located at 2208 SE 4" St., Boynton Beach, Florida, with the legal description of:
33- 45 -43, W 60 FT OF E 500 FT OF N 110 FT OF S 660 FT OF E '/2 OF NE '/4 W OF
DIXIE HWY, according to the plat thereof as recorded in the Public Records of Palm
Beach County, Florida,
PCN: 08- 43- 45- 33 -00- 000 -1090 is REDUCED TO $2,500.00.
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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 day of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
CLERK FILED
ly Furnished: OCT 4 2011
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