14-625The City oEBoynton Beach
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
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: July 14, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case # -14-625
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 , 20—.
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida June 17, 2015
Case No. 14-625 Robert & Mary Aspenwall Tr. 613 SW 4 t Avenue
Ms. Springer presented the case. The Notice of Violation was sent March 21, 2014
regarding violations pertaining to mow, weed and trim all overgrowth and install four -
inch house numbers on the building. The case was heard on May 21, 2014, and no one
appeared. The compliance date and fine was May 28, 2014, or a fine of $100 a day
would be imposed thereafter. The violations were corrected on January 23, 2015,
having 239 days of non-compliance, accruing a fine of $23,900 plus administrative fees
of $634.12.
Ms. Springer was contacted in January 2015, and the Respondent needed to obtain a
permit for the new exterior entry door and garage, remove trash, debris and outside
storage, tire and lawnmowers, repair or replace windows, pay past due property taxes
and water bills and have a final inspection on an open plumbing permit. Ms. Springer
was contacted again in May 2015 and the water bill and property taxes had to be paid,
and the yard and swale needed to be sodded. In June 2014, the water bill remained.
The bill was paid and the property was eligible for lien reduction.
Robert Aspenwall, the Respondent's son, was unaware of the issues when his
mother passed. He addressed the issue and was trying to sell the property. He advised
there is a contract on the property and he did not have the funds to correct the matters
earlier.
Decision
Ms. Ellis reduced the lien to $500, plus administrative fees of $634.12.
Case No. 15-493 Nicole M. Lucero
Property Address: 654 W. Ocean Avenue
Violation(s): BBA I=BC 2010 ED 105.1
Expired permits for a second -story
addition. Plumbing, electrical and air
conditioning work completed without
permits or inspections.
Officer Pierre presented the case for the above violations. Staff recommended a 10 -day
compliance date of June 25, 2015, or a fine of $200 a day thereafter.
Nicole Lucero, the homeowner, explained the original work was done in 2006. They
had not done any work on the home that requires a permit. The permits were open for
years and they purchased the home three years ago. The person they bought the home
from indicated all was addressed and $1,000 was paid to the City. She learned later
there were open permits and then received a hearing notice. Her husband attended the
June hearing and they reopened all the permits. There was much to do and they
21
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 14-625.
ROBERT ASPENWALL & MARY ASPENWALL TR.
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 June 17, 2015, 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 Iien
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 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 May 21, 2014 on the Property located at 613 SW 4"' Ave., Boynton
Beach, Florida, with the legal description of:
LAKE BOYNTON ESTS PL 1 E 37.5 FT OF LT 29 & W 25 FT OF LT 30 BLK 19, according to the plat thereof as recorded
in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-29-0I-019-0291 is REDUCED TO $1,134.12.
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
v , 2015.
ATTEST:
el,4 12 -
UZ L
CLERK dy,0
opies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent F 9 L
JUL 13 2015
CITY CLERK'S OFFICE
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE