10-2331 - US National Bank AssociationThe CitV JoBo Beach
Police Department
"A CFA Accredited Law Enforcement Agency'"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Phone: (561) 742 -6100
Fax: (561) 742 -6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6I20
Fax. (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10 -2331
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
Motion
August 17, 2011
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 July 21, 2010 to an amount of
$4,134.12 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 July 21, 2010 to an amount of
$3,634.12 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of
$5,000 including administrative costs. The motion was seconded by Mr. Foot and
passed 6 -1 (Ms. Carroll dissenting).
Case No. 10 -2331 U.S. Bank National Association 510 Gateway Blvd.
Officer Roy reviewed the case. The notice of violation was August 13, 2010 to mow
overgrown swale area and trim hedges. In addition, the foreclosure property must be
registered. The hearing was held on September 15, 2010 and no one appeared. The
compliance date established was September 25, 2010, or incur a fine of $150 per day.
The violations were brought into compliance on May 31, 2011, having 247 days of non-
compliance for a total of $37,050.
Eloise Wexler, 1200 So. Federal Hwy, Ste. 307, listing agent with Nautica Realty,
advised a lis pendens was served on June 23, 2009 and the final judgment of
foreclosure was filed on July 1, 2010 in the amount of $122,279.52. The scheduled
auction sale of the property did not occur until March 7, 2011. Nautica received the
assignment on March 31, 2011. The tax value of the property is $34,704 and the listing
agreement was received April 1, 2011 for $29,900. It was put on MLS and subsequently
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL August 17, 2011
received a contract for $32,000, with an original close date of June 1, 2011. When
Nautica found out the bank did not register the property, they registered it and began
putting it into compliance. The windows were fixed, a sprinkler system installed, and
spent close to $6,500 on the property to get it in compliance.
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 September 15, 2010 to an
amount of $2,634.12 including administrative costs_ The motion was seconded by Vice
Chair Yerzy and passed 6 -1 (Mr. Foot dissenting).
Case No. 08 -849 Tangiers Development LLC 132 NE 12 Ave
Officer Roy reviewed the case. The notice of violation was March 17, 2008 for non-
payment of annual fire inspection fees. The hearing was held on May 21, 2008 and no
one appeared. The compliance date established was June 20, 2008, or incur a fine of
$100 per day. The violations were brought into compliance on March 31, 2010 having
648 days of non - compliance for a total of $64,800. Officer Roy advised the next four
cases are the same and that the only violation was that they did not pay the annual
fees. The inspections were passed. These properties are two, six -unit, multi - family
apartment complexes.
Jason Block, 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank,
advised these properties were acquired through the subsequent FDIC foreclosure of
Sterling Bank, who had foreclosed on these properties in May. Iberia Bank became
involved in January. Since then, approximately $50,000 had been spent to maintain
these properties, and to remove tenants and squatters from the property.
Deanna Richardson, Administrative Associate, explained that because it was a multi-
family unit, it was considered a business and they have an annual inspection fee.
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 May 21, 2008 to an amount of
$1,038.09 including administrative costs. The motion was seconded by Mr. Foot and
unanimously passed.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -2331
U. S. BANK NATIONAL ASSOCIATION
Respondents).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Aug ust 17, 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 September 15, 2010 on the
Property located at 510 Gatewav Blvd., Boynton Beach, Florida, with the legal
description of
BOYNTON RIDGE LT 18 BLK 14, according to the plat thereof as recorded in Plat
Book 24, Page 28, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 15 -07- 014 -0180 is REDUCED TO $2,634.12.
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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 , 1 day of —alo , 2011.
W"c& JLX
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
PA�U"
( ?Y CLERK FILED
A 2 4 2011
copies furnished: Cmy CLERK'S OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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