08-3900 - Raymond P MarascoThe Citu ofBoynton Beach
Police Department
"A CFA Accredited Law Enforcement Agency"
I [10 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Fu x: (561) 742-6185
G, Matthew Immler, Chief of Police
Code Compliance
Phone: (567) 742-6120
Fax: (561) 742-6383
Date:
To:
From
RE:
September 5, 2012
City Commission
Code Compliance Division
Code Compliance Case #08-3900
A Z:� N
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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)
, :i 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 Lion Reduction
Boynton Beach, FIL
August 20, 2012
Attorney Bridgeman administered the oath to the Respondent.
Ms. Springer presented the case. The notice of violation was December 18, 2008, for
violations pertaining to mowing, trimming, trash, and pressure cleaning the roof and
driveway. The case was heard on January 21, 2009, and no one appeared. A
compliance date was set for February 5, 2009 or a fine in the amount of $50 a day
would be imposed thereafter. The violations were corrected on April 13, 2012. There
were no outstanding bills and the property was registered on April 25, 2012.
Cindy Kehoe, Mizner Grand Realty, 155 NE Spanish River Boulevard, Boca Raton,
testified she represented the current owner, the Bank of America. Wachovia Bank,
serviced by Bank of America, did not take title to the property until July 19, 2012. In the
meanwhile, as soon as she was assigned as the listing agent, prior to the title being
issued, they brought the property into compliance. She had no affiliation with the prior
owner and had no knowledge of any liens, meetings or others until they were assigned
as agents from the Bank. At that point they did whatever they could to bring the
property into compliance, including paying off the bills.
The Bank paid $1,160 to bring the property into compliance. It was currently under
contract with the purchase price being $66,000. The certificate of title was not issued
until July 19, 2012,
Discussion followed about the lis pendens and jurisdiction. Attorney Bridgeman advised
the City would not recoup its lien as the agent received the property before the
certificate of title was issued. She recommended reducing the case to zero. The Board
could recite the property and the proper entity.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Raymond P. Marasco, 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. Foot moved that this Board reduce the fines instituted
in the aforementioned case by virtue of this Board's Order of January 21, 2009 to an
amount of zero. Ms. Yerzy seconded the motion that unanimously passed.
Ms. Springer presented the case which arose from a complaint. The dwelling was a
single-family, homesteaded property. An initial inspection was conducted on June 25,
2012, for violations of Chapter 15, Article 10, Section 15-121-124 of the Code, the
Sexual Offender Ordinance, The written notice was hand carried to Mr, Thomason and
13
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
V&
RAYMOND P. MARASCO
Respondent's).
CASE NO. 08 -3900
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on Auizust 20, 2012, 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 JANUARY 21, 2009 on the Property located at 1504 sw 18 St., Boynton
Beach, Florida, with the legal description of:
PALM BEACH LEISUREVILLE 10 SEC LT 2 BLIP 83, according to the plat thereof as recorded in Plat Book
30, Page 129 of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 32 -04- 083 -0020 is REDUCED TO NO FINE.
The City shall prepare a release and satisfaction consistent with this Order.
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 thi day of
2012.
=r -,v
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk t .Y
Respondent,
CITY RK PEKE