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10-3505 - Aurora Loan ServicesThe Citu o Boynton Beach Police Department "A CFA Accredited Law Enforcement Agenci 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 3342503I0 Phone: (561) 74 6100 Fax: (56I) 742L61 BE G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (561) 74x6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: January 5, 2012 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10 -3505 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 Lien Reductions Boynton Beach, FL December 19, 2011 the City at all times. He agreed the landscaping was not completed until the new owner installed it citing it would have been a waste of dollars to complete the landscaping only to have it removed by the new owner. Chair Costantino inquired as to the date of the contract of sale and although Mr. Chane did not have the contract, he advised the deed was recorded in October of 2010. Chair Costantino advised there was a notice of violation in 2007 but nothing was done until 2010. She further stated there was a contract in April of 2007, extended 60 days for a sale of the property in June of 2007. After that time, there was numerous contracts that had come and gone and she felt something should have been done back with the issue at that time. Mr. Chane advised real estate deals occur all the time and unfortunately for whatever reason fall through. He had no knowledge as to why these deals fell through, but advised the current deal was with a phenomenal owner. There was a new site plan approved for the new owner and in order to bring the property into compliance and get the Certificate of Occupancy, the new owner had to bring the landscaping up to the new site plan which was different than when Wachovia was the owner of 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, Mr. Alexis moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $5,000 including administrative costs. Ms. Carroll seconded the motion with discussion. Chair Costantino requested that the amount not include costs, making the total $6,306.33. The motion was amended and unanimously passed. Case No. 10 -3505 Aurora Loan Services 3635 SE 2 nd Street Ms. Springer reviewed the case. The property was cited December 6, 2010, to remove or register a car and truck in the backyard. The case was heard February 16, 2011. No one appeared. A compliance date was set for February 26, 2011 or incur a fine of $50 per day. Compliance was documented on July 7, 2011, having 130 days of non- compliance. Ms. Springer provided pictures and advised the respondent had been before the board on many occasions and had taken run down properties and turned them into very nice properties. This was one of the properties. The vehicles were not there when he purchased the property. What was required of him to complete for lien reduction in addition to paying two water bills from two previous owners, was to install some new screening. Steven Patrucci, 2700 W. Cypress Creek Road, Suite C103, Ft. Lauderdale advised Aurora Loan Services was not the owner of the property any longer. He advised the company buys properties and fixes them up to revitalize the community. There was a contract on the subject property. The sale price was $135,000. They purchased the P Meeting Minutes Code Compliance Lien Reductions Boynton Beach, FL December 19, 2011 property for $62,000 and spent approximately $25,000 in repairs. Mr. Patrucci advised he also assists homebuyers in purchasing homes and helps with closing costs. There were two water bills paid, which were the responsibility of Aurora Loan Services, for a total of $228 and the screens were repaired. 1, - I 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 -64 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 February 16, 2011 to an amount of $1,634.12 including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 09 -3851 Diane Galen 2202 NE V Street Ms. Springer reviewed the case. The property was cited December 9, 2009, to remove a split tree from the front yard. The case was heard January 20, 2010. No one appeared. A compliance date was set for February 4, 2010 or incur a fine of $250 per day. Compliance was documented on November 5, 2011, having 638 days of non- compliance. Ms. Springer advised the tree had to be taken down and compliance had been verified. They also had to replace missing door handles, broken windows, trim overgrowth, and prevent the washer from emptying into the ground. In addition, there was $1500 in outstanding water bills from the previous owner that had to be paid. She presented photographs to the Board. Peter Pistano, 1605 King Street, Jacksonville had no relationship with Ms. Galen as she was the previous property owner. He advised that as soon as he was notified that there was a violation, he immediately completed everything that was required. One of the difficulties involved was that someone was at the property with a dummy lease and he was basically at their mercy until they decided to leave. A new refrigerator and washer and dryer were put in and were taken. The property had been tremendously vandalized. There was a contract on the property for $31,000. The contract was for a family with two children. Mr. Pistano explained that what he does was similar to a neighborhood stabilization program whereby they buy the property and they assist in obtaining a mortgage through FHA The mortgage would include the property price plus the repairs. He explained he had done everything that was asked of him, including paying the extensive water and electric bills the squatters had created. They took possession of the property on August 11, 2011. He further advised the property was owned by Freedom Mortgage. His role was not as representative of the bank, he works with banks to liquidate the properties. He further advised that when the property was taken over, they were responsible for the violations. Fi CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -3505 AURORA LOAN SERVICES LLC 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 December 19, 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. The lien imposed by the Board on February 16. 2011 on the Property located at 3635 SE 2 " St., Boynton Beach, Florida, with the legal description of: GULF STREAM ESTATES PL NO 2 N 25 FT OF LT 8 & LT 9 BLK 6, according to the plat thereof as recorded in Plat Crook 13, Page 51, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46 -04 -04 -006 -0081 is REDUCED TO $1.634.12. 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 Clay of � 1 Ill► k � ��/Y�i/►« Michel Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney FILED City Clerk Respondent .I 0 4 2012 CITY CLERK'S OFFICE 1