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11-2869 - Raymond & Linda AvalloneT Police Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 414 ON 04911b" 0 Eel Lqui & I NT511tr—l" mij zlifirel Date June 25, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-2869 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 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) D 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. u The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 1, , 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 1 20_ I - .10xd k I K-Own mamn M a LF-IN00WTIM. Derogatis is requesting a lien reduction of the fines accrued by the previous owner. Ms, Ellis inquired of the cost for the repairs. Mr. Derogatis replied the windows and doors were approximately $12,000, the paint, man hours and air conditioning system was $3- 4,000 per unit. The water bills for all of the units were also paid which totaled approximately $3,000. There were also two municipal liens for mowing and board up at a cost of $2,600. Decision Based on the testimony of the City and the Respondent, Ms. Ellis approved the lien reduction to $1,000 plus administrative fees of $634.12 for a total of $1,634.12. Case No. 11-2869 Raymond & Linda Avallone Property Address: 3210 SE 2nd Street Violation(s): CH10 SEC. 1056 (D) Secure all openings to prevent unauthorized individuals from entering the building. Ms. Springer presented the case. The Notice of Violation was sent on October 17, 2011. This case came before the Board on December 21, 2011 and no one appeared. Compliance date set by the Board was December 31, 2011 or a fine of $200 per day. The property came into compliance on February 27, 2012 when the City had a contractor board up the building. There were 57 days of non-compliance for lien amount of $11,400 and four inspections at $634.12. Daniel Derogatis, 3210 SE 2 nd Street, the new owner, explained this is the same case as previously discussed and the same information applies to this case. Decision Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien reduction to $1,000 plus administrative fees of $634.12 for a total of $1,634,12. Case No. 11-52 BAC Home Loans Servicing Property Address: 437 SW 10 Avenue Violation(s): CH10 SEC. 10-51,5 INC. Property foreclosure must be registered. Repair fence. Mow, weed and trim overgrowth. Ms. Springer presented the case. The Notice of Violation was sent on January 7, 2011. This case came before the Board on March 16, 2011 and no one appeared. The compliance date set by the Board was March 26, 2011 or a fine of $100 per day. This case complied on March 5, 2014 for 1,074 days of non-compliance. The total amount of the fine is $107,400 with administrative fees of $634.12. 13 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 11-2869 RAYMOND & LINDA AVALLONE 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 May 21, 2014, 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 current lien amount and all pertinent information relating to the specific case and being otherwise duty 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 December 21 , 2011 , on the Property located at 3210 SE 2"' St,, Boynton Beach, Florida, with the legal description of: JOSEPHINE S LATINO SUB LOT 11, according to the plat thereof as recorded in Plat Book 38, Page 78, of the Public Records of Palm Beach County, Florida, PCN: 08-43-46-04-25-000-0110 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this` day of ,2014. V Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: