10-545 - Bank of New York Mellon TrustThe C'it JoBoynton Beach
Police Department
"A CFA Accredited Law Enforcement Agene_j
100 E. Boynton Beach Boulevard
P, 0. Box 3I0
Boynton Beach, Florida 334250310
Phone: (561) 742-6I00
Fax: (561) 742 -6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 742.6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
August 9, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -545
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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 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.
D 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.
a 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 July 20, 2019
Case No. 10 -645 Bank of New York Mellon Trust 114 SE 14th Avenue
Officer Roy reviewed the case. The notice of violation date was February 26, 2010 for
violations pertaining to the Property Registration Ordinance and to mow, weed, and trim
the property. The hearing was held on April 21, 2010 and no one appeared. The
compliance date established was May 5, 2010 or incur a fine of $100 per day.
Compliance was documented on June 8, 2011 having 397 days of non - compliance.
Marsha Jeridini, 2201 W. Prospect, Ft. Lauderdale, the agent for the Bank, was
present. She testified the property complied but the Bank obtained the Certificate of
Title in March 2011. Once aware of the Code issues, they corrected the violations. The
home was under contract with a sale pending for Friday. The sale price was $47,500.
"rhey did not receive physical notice; rather the violations surfaced from the title search.
Officer Roy stated the notice of violation was sent to the Bank on February 26, 2010. It
took one year and two months to comply. Additionally, Florida Default Law Group told
them not to register the property.
Diane Springer, Code Compliance Officer, explained Florida Default Group issued a
mass mailing to the banks advising them the Ordinance was not valid and they were not
required to register. She made the comment many banks did not register until six to
eight months later and this bank may have received the letter, thereby accounting for
the delay in compliance.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondents has complied with ail 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 April 21, 2010 to an amount of
$4,604,15 including administrative costs. The motion failed for lack of a second.
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, Ms. Carroll moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of
$2,634.12 including administrative costs. The motion failed for lack of a second.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL July 20, 2011
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 April 21, 2010 to an amount of
$10,364.12 including administrative costs. Chair Costantino passed the gavel to Vice
Chair Yerzy and seconded the motion for discussion.
There was discussion the property was not registered and an inquiry was made if they
maintained the property during that time. Officer Roy repeated the violations were
corrected on May 6, 2010. The Respondents also spent $3,000 to repair the items.
Vote
Chair Costantino called the question, The motion unanimously failed.
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, Mr. Alexis moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of
$6,000 including administrative costs. Vice Chair Yerzy seconded the motion. The
motion passed 6 -1 (Ms. Carroll dissenting).
Case No. 11 -137 Bank of New York Mellon Trust 1329 E. Fairfax Circle
Officer Roy reviewed the case. The notice of violation date was January 20, 2011 for
violations pertaining to the Property Registration Ordinance and mow, trim and remove
trash from the property. The hearing was held on March 6, 2011 and no one appeared.
The compliance date established was March 26, 2011 or incur a fine of $100 per day.
Compliance was documented on June 7, 2011 having 72 days of non - compliance.
Eric Smith, 5676 Pebble Brook Lane, Boynton Beach, purchased the property on
March 29, 2011. He testified they purchased the property from the Bank with a clear
title. When they received notice there were Code issues, they addressed them
immediately including pressure washing the roof, addressing the mailbox and driveway
issues, trimming the grass, bushes and removing the trash. He requested a reduction
of $300.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -545
BANK OF NEW YORK MELLON TRUST
Respondent(s).
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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 April 21, 2010 on the
Property located at 114 SE 14 Ave.. Boynton Beach, Florida, with the legal description
of
CENTRAL PARK ANNEX- BOYNTON LT 8 BLK 11, according to the plat thereof as
recorded in Plat Book 12, Page 51, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -28 -13 -011 -0080 is REDUCED TO $6,000.00.
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4. The City shall prepare a release and satisfaction consistent with this
Order.
S. 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 ay of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
I11 .
0146-
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FILED
AUG 0 2011
copies furnished: ,
CITY CLERKS OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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