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10-3117 - US Bank National Assoc.The Citu f Boynton Beach Police Department A CFA Accredited Law Enforcement Agenc_ 100E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 3342503I0 Phone: (561) 742 -6100 Fax: (561) 7426185 G. Matthew Tmmler, Chief of Police Code Compliance Phone: (56I) 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 #10 -3117 10C ° H a z $ E ST. ,99 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: o 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) o 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 September 21, 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, Ms. Carroll moved that this Board rescind the fine instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, and that the lien imposed by that Order be released. Vice Chair Yerzy seconded the motion. Mr, Foot expressed this related to the Bank refusing to register the property and there was no reason to excuse a Bank for failing to comply with the Ordinance. Motion Mr. Foot moved to table the case until after the second case was heard. The motion died for lack of a second. Vote The motion passed 5 -1 (Mr. Foot dissenting). Case No. 10 -3117 US Bank National Assoc 436 SW 7th Ct Officer Roy presented the case. The notice of violation was October 20, 2010, for violations pertaining to weeds, mowing and trimming overgrowth. The pool needed to be cleaned and covered. The case was heard on December 15, 2010, and Attorney James Karrat appeared. The Respondents were ordered to comply by December 20, 2010, or incur a fine of $500 per day, for the gate, on one Order, and comply by January 14, 2011, or $250 a day for the overgrowth on the second Order. The violations were corrected on August 2, 2011. The accrued fine for the first Order totaled $112,000. The accrued fine for the second Order totaled $49,750. Misty Sheets, Esq., of Marshall Watson, 1800 SW 49th Street, Ft. Lauderdale, and Gina Mattila, 2755 S. Federal Highway were present. Ms. Mattila stated she was the realtor for the Bank and she received the listing in May 2011, She was informed of the violation and immediately obtained estimates to correct the violation. One estimate was to install a meter can for electric, clean the pool, and maintain it. She was working with Officer Roy to comply with the landscaping, locks on the gate, and pretty much everything they were able to do to comply. To her knowledge, the Bank has paid close to $4,000 to correct the issues and the Bank had to pay other fees. She requested a reduction so they could sell the property. They had a buyer who would live in the dwelling. 5 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 Ms. Mattila explained based on when they obtained the title, they complied in a reasonable time and she sought nearly a full reduction plus costs. She explained they could not correct anything while someone was living on the property. Chair Costantino explained the property needed to be maintained by someone and the violations run with the property. The gates were the main issue. Ms. Mattila commented there were locks on the gates when she obtained the property. The management company installed pad locks. Ms. Mattila installed a self - latching lock, but it was done prior to the Bank owning the property. Ms. Sheets testified the pool, the gate, and the bushes were addressed on January 8, 2011. Officer Roy had photographs he distributed to the Board. 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 December 15, 2010, to an amount of $10,000 including administrative costs. Mr. Foot seconded the motion. There was discussion two Board orders were needed. Vice Chair Yerzy suggested $5,000 for each Order. Mr, Foot withdrew his second. Vice Chair Yerzy withdrew his motion. The following motion was for the gate: 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 December 15, 2010, to an amount of $7,000 including administrative costs. Mr. Foot seconded the motion. The motion passed 5 -1 (Ms. Carroll dissenting. The following motion pertained to all the other violations: 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 Meeting Minutes Code Compliance Board Boynton Beach, FL Septemb 21, 2011 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 15, 2010, to an amount of $3,000 including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 10 -2386 HSBC Bank USA 2407 NE 4th Street Officer Roy presented the case. The notice of violation was August 16, 2010, for violations pertaining to registration of foreclosed property and maintenance. The case was heard on October 20, 2010, and no one appeared. The Respondent was ordered to comply by October 30, 2010, or incur a fine of $100 per day. The violations were corrected on April 18, 2011. The accrued fine totaled $16,900. Giovanni Molina, 555 NE 15th Street, Miami, was the buyer. He testified he has had a contract on the property for four months. He has been trying to correct the violations and each time he did, the property was vandalized. He had called for an inspection and each time the inspector arrived, the place was vandalized. Mr. Molina advised the doors and windows have been broken, the air conditioning was stolen, and vandals ripped the bathroom apart. The contract price was $32,000, and he did not know how much money he invested into the property, which he did not yet own, but he hoped the Board would reduce the fines to administrative costs. He intended to rent the property to someone who would take care of it and he stated he had been purchasing and renting properties for over 15 years. When he worked on the properties, he ensured the units were in perfect condition. He verifies credit on the tenants and assists them to purchase the property through an FHA mortgage. He thought the City was aware he had been diligent in trying to obtain compliance as he had been in contact with Code Compliance often. The property looked good and they have had the property watched. Mr. Molina stated the Bank paid the water bills, but he had to change five or six windows, change screens, work on the roof, and there was a storage unit that had to be removed. In addition to those items, they also found a dead dog inside the premises. All these items had to be addressed in order to sell the property. 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 October 20, 2010, to an amount of $3,634.12 including administrative costs. 7 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 10 -3117 US BANK NATIONAL ASSOCIATION Respondent(s). 1 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on Seatember 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 December 15. 2010 on the Property located at 436 SW 7"' Ct., Boynton Beach, Florida, with the legal description of FERN RIDGE, W 86 FT OF LT 18, according to the plat thereof as recorded in Plat Book 26, Page 115, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -28 -19 -000 -0181 is REDUCED TO $7.000.00 for the first Board Order and $3.000.00 for the second Board Order. 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 this�day of A , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: I11 - TY CLERK was a OCT 0 4 201 C ,ERK',S OFFICE e i and th y ommission 2