10-2386 - HSBC Bank USAThe City o f Boynton Beach
Police Department
'A CFA Accredited Law Enforcement Agencrf'
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 742 -6100
Fax: (56I 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Pax: (561) 746383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -2386
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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 Gulfstrearn
Meeting Minutes
Code Compliance Board
Boynton Beach, FL September 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 verities 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.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
Vote
September 21, 2011
Discussion followed the fine was too high. Vice Chair Yerzy amended his motion to
reflect a fine of $2,634.12. Mr. Foot seconded the motion that unanimously passed.
Case No. 08.1042 Brenda L. Doyle Brinson 1824 Edgewater Dr.
Officer Roy presented the case. The notice of violation was April 1, 2008, for violations
pertaining to repair of the patio roof and to secure the openings of the structure. The
case was heard on May 21, 2008, and no one appeared. The Respondent was ordered
to correct the violations by May 31, 2008, or incur a fine of $1,000 per day. The
violations were corrected on May 6, 2011. The accrued fine totaled $1,069,000.
Officer Roy explained there were numerous emails to Ms. Springer indicating the
property was secured; however, each time the inspector arrived, the property was
vandalized. The Respondents were making an effort.
Patricia Johnson, 3960 Hypoluxo Road, Boynton Beach, representing the listing
broker for the Bank was present. She testified they received the fisting on July 8, 2011.
They paid nearly $6,000 in repairs for the fence, painting, fascia, sliding glass doors,
screens and windows, screen enclosure, deep cleaning, and maintenance of the
exterior. it was noted there was no pool, but there was a high fine because the property
was unsecured.
The property was listed at $110,000 and was not currently under contract. The dates of
the emails from Brian Tenais of Century 21, the previous listing agent, were April 20,
2011, May 5, 2011, June 30, 2011, and July, 2011,
Mr. Foot thought a fine of $10,000 would be appropriate; however, Ms. Johnson hoped
for $1,000 plus administrative costs. She stated the property was listed at $110,000,
but it has termites. She hoped they would get $80,000 for 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 May 21, 2008, to an amount of
$10,000 including administrative costs. Mr. Foot seconded the motion. The motion
passed 5 -1 (Ms. Carroll dissenting).
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10 -2386
HS BC BANK USA
Respondent(s).
N
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on Seutember 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:
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 October 20, 2010 on the
Property located at 2407 NE 4"' St.. Boynton Beach, Florida, with the legal description
of
BOYNTON RIDGE LT 17 BLK 11, 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- 011 -0170 is REDUCED TO $2,634.12.
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a. 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.
b. 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 of 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
WIj �
FILED
OCT 0 4 2011
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