10-2534 - General Electric Capital CorpThe CitJo Boynton Beach
Police Department
"A CFA Accredited Law Enforcement Agenc,'
100 F. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 74x6100
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 -2534
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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
July 20, 2011
aforementioned case by virtue of this Board's Order of December 15, 2010 to an
amount of $500 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 09 -3474 Krause Lund Associates LLC 1599 SW 30th Ave. #14
Bold Construction Corp.
Officer Roy reviewed the case. The notice of violation date was November 3, 2009 for
violations pertaining to non - payment of fire inspection fees. The hearing was held on
December 16, 2009 and no one appeared. The compliance date established was
December 26, 2009 or incur a fine of $50 per day. Compliance was documented on
July 5, 2011 having 555 days of non - compliance.
Daniel Lewis, D.P. Lewis and Associates, the agent for the owner who was U.S. Bank
National Association as Trustee, testified the Bank took title via a foreclosure action.
They conducted a title search in March or April and no liens were found at that time.
The property is under contract and during the contract process, another title search was
done at the end of June and in early July learned about the lien, The fee was to be paid
for by Krause Lund Associates or Lund and Associates or Bold Construction. The 2009
fees were not paid, but the 2010 fees were paid. When Lewis and Associates learned
of the fee, they immediately spoke with Code. It was a title problem and the Trustee
wants to clear the title and apply for a reduction for administrative costs only.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondents have 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 December 16, 2009 to an
amount of $1,134.12 including administrative costs. Ms. Carroll seconded the motion
that unanimously passed.
Case No. 10 -2534 General Electric Capital Corp. 3210 SW 14th Place
Officer Roy reviewed the case. The notice of violation date was August 27, 2010 for
violations pertaining to the Property Registration Ordinance and to mow overgrown
yard, trim vegetation and remove trash and debris. The hearing was held on November
17, 2010 and no one appeared. The compliance date established was December 2,
2010 or incur a fine of $200 per day, Compliance was documented on June 30, 2011,
having 209 days of non - compliance.
Craig Barnett, Esq, Greenburg Traurig, 401 E. Los Olas Blvd, Suite 2000, Ft.
Lauderdale, Counsel for General Electric explained his client spent over $20,000 to
bring the property to a sellable state. The foreclosure began in February of 2009, prior
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
July 20, 2011
to the Ordinance being enacted. Since that time, to the end of 2010, they were working
with the borrower on a reinstatement, and it was their understanding the borrower
occupied the premises. The Ordinance requires foreclosure properties to be registered
if vacant, or inspected regularly to determine if it is vacant. If the property is vacant, the
ordinance requires the property be registered at that time.
In this instance, they kept in regular contact with counsel for the borrower'who never
indicated the client did not occupy the premises. Mr. Barnett's client was unable to gain
access to the premises and had moved the Court for an order allowing them to inspect
the premises. Judge Hoy signed the order and they entered the premises. Once they
acquired the property at the foreclosure sale in early March, prior to the issuance of the
Certificate of Title, the client retained a landscaping company to handle remediation of
the property. On March 18, the landscaping was complete. In April a sprinkler repair
was done; in May, $5,000 was spent to remove interior debris; and on May 29, 2011
over $13,000 was spent for electrical repair. The property was an industrial property
formerly occupied by RAV Millwork.
Chair Costantino noted the report indicated the property was vacated on August 27,
2010, Attorney Barnett responded they were required to coordinate with counsel to
obtain access to the property and they tried on numerous occasions to do so. It was
their understanding, working through counsel, the premises were occupied. He was
prohibited from contacting the tenant directly. He received no response and on
December 9, 2010, they filed a motion to inspect the premises, He commented when
the property was obtained, there was a vehicle inside which was subsequently towed
and removed. From the exterior, it could not be determined it was vacant, nor did they
receive any advice about it from the tenant's counsel. In light of what was done to
remediate the property, they requested the lien be reduced to administrative costs.
Motion
Based on 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 fines instituted in the
aforementioned case by virtue of this Board's Order of November 17, 2010 to an
amount of $4,814.12, including administrative costs. Mr. Alexis seconded the motion
that passed 6 -1 (Ms. Carroll dissenting).
Case No. 09 -3904 Anael Noel & Fritz Torchon 77 Baytree Circle
Officer Roy presented the case, which pertained to a roof permit. The notice of violation
was December 15, 2009. The case was heard on February 17, 2010 and no one
appeared. A compliance date was set for April 18, 2010 or incur a fine of $50 per day.
Compliance was documented on May 9, 2011, having 385 days of non - compliance.
1007
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -2534
GENERAL ELECTRIC CAPITAL CORP.
Respondent(s).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Julv 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:
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 November 17, 2010 on the
Property located at 3210 SE 14` P1., Boynton Beach, Florida, with the legal description
of:
LAWSON INDUSTRIAL PARK PL 1 LOT 8, according to the plat thereof as recorded
in Plat Book 42, Page 134, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 46- 05 -08- 000 -0080 is REDUCED TO $4,814.12.
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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 2UNay of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
�lf-
J X-A
CLERK
FILED
AUG 0.0 2011
copies furnished:
Honorable Mayor and the City��m��on' OFFICE
City Attorney
City Clerk
Respondent
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