09-3300 - Deutsche Bank Nat'l TrustThe City of Boynton Beach
Police Department
"A CFA Accredited Law Er}forcement Agencrf'
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (56I) 742 -6100
Fax: (561 742-6185
G. Matthew ImmIer, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 742L6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
November 2, 2011
City Commission
Code Compliance Division
Code Compliance Case #09 -3300
A p8 ruLlC�
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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.
o 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.
u 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
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09 -3300
DEUTSCHE BANK NATL. TRUST
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 October 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:
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 January 20, 2010 on the
Property located at 1800 NE 2" Ln. Boynton Beach, Florida, with the legal description
of:
ROLLING GREEN RIDGE 1 ADD LT 1.8 BLK 31, according to the plat thereof as
recorded in Plat Book 24, Pages 223 through 226, of the Public Records of Palm Beach
County, Florida,
PCN: 08- 43- 45 -16 -01 -031 -0180 is REDUCED TO $3,000.00.
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4. The City shall prepare a release and satisfaction consistent with this
Order.
S. 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 AOAI , 201, L
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ILELM
OCT 2 / 2011
copies furnished: VTY CLERK'S OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL October 17, 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, Mr. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 19, 2011 to an amount
of $2,000 including administrative costs. The motion was seconded by Ms. Carroll and
passed 5 -2 (Mr. Alexis and Vice Chair Yerzy dissenting).
Case No. 09 -3300 Deutsche Bank Nat'l Trust 1800 NE 2` Lane
Ms. Springer reviewed the details of the case and advised this and the next case are for
the same property address. The property was cited October 13, 2009 for violations
pertaining to registration of foreclosure property, mow overgrown yard, trim overgrown
vegetation and secure the property. It was heard January 20, 2010 and no one
appeared. The compliance date set by the Board was February 4, 2010 or incur a fine
of $250 per day, Compliance date was June 8, 2011 for 488 days of non - compliance.
Mr. Foot inquired if any parts of the initial charge were corrected before the final clean
up. Ms. Springer advised it came into compliance on June 8, 2011 and as the
photographs indicate, there was some compliance where the property was secured, but
the registration took place and it was unsecured again, so it could not be complied until
it was resecured. Some of the other things that needed to be done were missing
windows, doors and screens and to continually secure the property.
Diane Balsara, Nautica Realty, 1200 South Federal Highway, Ste 307, indicated
Nautica Realty was the listing company for this asset through Wells Fargo Servicing.
She advised the property was sent to them at the beginning of May. The City was
immediately contacted to find out if there were any outstanding water bills or code liens.
When there are, the agents are required to immediately request bids to start curing the
problem. She presented estimates that were approved in the amount of $6,799. The list
price was $23,900 and was under contract with an owner- occupied buyer for under
$30,000. The listing and purchase price are different because it was a multiple offer
situation where seven buyers put in offers. Ms. Springer indicated that Ms. Balsara paid
an outstanding water bill in the amount of $1,500 in addition to the $6,799.
Chair Costantino inquired if a date the property was registered was available. Ms.
Springer indicated the property was originally registered January 20, 2010 and then it
had to be re- registered.
Ms. Balsara indicated the firm was looking to reduce the lien to administrative costs
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Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL October 17, 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, Mr. Alexis moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount
of $3,000 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 10 -1655 Duetsche Bank Nat'l Trust 1800 NE 2 " Lane
Ms. Springer reviewed the case. The property was cited June 1, 2010, for graffiti on the
building. The property was overgrown and had trash and debris. The case was heard
July 21, 2010. No one appeared. A compliance date was set for July 31, 2010 or incur
a fine of $100 per day. Compliance was documented on September 30, 2011, having
425 days of non - compliance. This would have the same explanation as the previous
case, as it is an on -going situation.
Diane Balsara, Nautica Realty, 1200 South Federal Highway, Suite 307, advised the
same facts related to this case. She felt, given the price of the property, and the
amount of money already spent, the lien should be reduced to zero.
Mr. Foot commented there were expenses relating to this and did not feel it could be
zeroed out. There was discussion on what an appropriate fine amount would be due to
the violation.
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, Mr. Foot 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
$1,500 including administrative costs. Mr. Alexis seconded the motion. The motion
failed 2 -4 (Ms. Carroll, Ms. Yerzy, Mr. Cole and Vice Chair Yerzy dissenting.
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
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