Case 98-218The Citi�o f Boynton 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
Phase: (561) 742 -6120
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #98 -218
�O� POLIp�,
z- s' 03
\ BUT.
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)
a 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
September 21, 2011
Ms. Carroll so moved. Mr. Cole seconded the motion that unanimously passed.
Case No. 98 -218 Roberto & Terry Rego 12 SW 9th Avenue
Pete Roy, Chief Code and Rehabilitation Officer, presented the case. The notice of
violation was January 23, 1998, for violations pertaining to an unpermitted rock
driveway and apron, weeds in the swale area, and repairing and painting the garage
door. The case was heard on May 20, 1998, and no one appeared. The Respondents
were ordered to comply by June 15, 1998, or incur a fine of $25 per day. The violations
were corrected on May 7, 2009. The accrued fine totaled $99,450.
Craig Rogers, Esq., of Shepherd and Leskar, 100 NW 70th Avenue, Plantation,
Florida, attorney for the Bank, commented this case was cited in 1998. The property
was sold in 2001. Attorney Rogers believed, based on old appraisals, that during the
transaction, the violations were corrected, but unless one called for an inspection,
compliance was not documented. The purchaser owned the property until 2010,
refinanced, and the mortgage went into foreclosure. The Lis Pendens was filed in April
2009. It went to Judgment in August 2010, and in May, the Certificate of Title was
issued to Wilmington Trust, FSB.
The Bank hired a local real estate /management company who cleaned the property and
put it on the market. The property was under contract for $59,000 and still needed
work; however, Attorney Rogers stated the buyer intends to improve the property and
inhabit the home. The Bank was requesting the lien be reduced to a reasonable amount
so the buyer could purchase it. The buyer was not an investor. Attorney Rogers
requested a reduction equal to $1,000 plus administrative costs.
There were other items that were repaired. Water bills were paid and Attorney Rogers
reported the actual maintenance was between $2,000 and $3,000, paid by the
management company, plus $8,000 in foreclosure insurance and real estate taxes. The
original mortgage was about $169,038 and the Judgment, with court costs and Interest,
was $199,000. The closing was scheduled for August 19, 2011, which was extended
30 days and then another 30 days, to October.
Motion
Based on 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,
Mr. Foot moved that this Board reduce the fines instituted in the aforementioned case,
by virtue of this Board's Order of May 20, 1998, to an amount of $5,000, including
administrative costs. The motion died for lack of a second.
M
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
Motion
September 21, 2011
Based on 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,
Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned
case, by virtue of this Board's Order of May 20, 1998, to an amount of $2,000, including
administrative costs. The motion died for lack of a second.
Motion
Based on 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 fines instituted in the
aforementioned case, by virtue of this Board's Order of May 20, 1998, to an amount of
$2,730.15 including administrative costs. Ms. Carroll seconded the motion. The motion
passed 5 -1 (Mr. Foot dissenting).
It was noted in order for a lien to be reduced, four affirmative votes were needed.
Case No. 09 -3783 US Bank National Assoc. 436 SW 7th Ct.
Officer Roy presented the case. The notice of violation was December 7, 2009, for
violations pertaining to trash, debris and mowing. The case was heard on January 20,
2010, and Attorney Joanne Galipaulk appeared. The Respondents were ordered to
comply by February 19, 2010, or incur a fine of $100 per day. The violations were
corrected on June 2, 2010. The accrued fine totaled $10,200.
Misty Sheets, Esq., of Marshall Watson, 1800 NW 49th Street, Suite 120, Ft.
Lauderdale, on behalf of the Bank in the foreclosure action, requested a reduction. The
title was issued in May of 2011, and once it was issued, her client complied right away.
Prior to that, the property was tenant occupied. The owner tried to comply prior to that,
and the pool was addressed immediately after the title was issued. She requested the
fine be reduced to administrative costs. The Lis Pendens was filed on July 15, 2008.
Gina Mattila, of Mega Real Estate Services, 2755 S. Federal Highway, testified a sale
was pending, and they hoped to close by the end of September. The sale price was
$75,000.
There was discussion there was an associated case and there were three Orders.
4
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 98 -218
ROBERTO & TERRY REGO
Respondent(s).
FA
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on September 21. 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 Mav 20.1998 on the
Property located at 112 SW 9 Ave.. Boynton Beach, Florida, with the legal description
of
BOWERS PARK LTS 3 & 4 BLK 22, according to the plat thereof as recorded in Plat
Book 11, Page 57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -12- 022 -0030 is REDUCED TO $2,730.15.
1
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 this3fj-day of _ , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
Y CLERK
FILED
OCT 0 4 2011
)r and the ATYCgQ6 ' io FHCE
E