09-3978 - HSBC BankPolice Department
"A CPA 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
Phone: (561) 742-6120
Fax: (561) 742-5383
Date:
To:
From:
RE:
March 12, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3978
FO LIO
04 -
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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:
j 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.
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.
zi The City Commission shall direct staff to take action consistent with their review of the
"Lien Modification Order".
1, , hereby request the City Manager's
Office to place the above referenced case an 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, r r 15, 2012
first of the year. After receipt of the lien, a default notice was sent and commenced
commercial eviction. He defended the eviction and after two days of hearings, the
judge udge issued an eviction notice in June, 2011, With all the efforts made to get Mr,
Kanhai to comply, he was uncooperative.
Mr. Dalmelda advised rather than rent the property again, it was sold to Mr. Cuthill wj
had made substantial improvements to the property. Mr. Delmeida advised a li
reduction to what the Board deemed appropriate was requested. I
Officer Roy provided the Board with current pictures and work done by Mr. Cuthill,
Anthony Cuthill, 511 NE 4 th Street, advised the building on 417445 Federal Highway
had been approved for a bar. The back area was going to be an open beer garden and
would be an extension of the front bar. The initial repairs to the roof, the fence, fascia
and SoffitS were approximately $20,000. In addition, rnany other repairs were done.
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. Bucella 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 $3,500 including administrative costs. Mr. Carroll seconded the motion that
unanimously passed.
Case No. 09-3978 HSBC Bank USA 855 Carlee Circle
Officer Roy reviewed the details of the case, The property was cited December 29,
2009, to restore pool to a sanitary condition, secure property and register. The case
was heard March 17, 2010 and no one appeared, A compliance date was set for April
1, 2010 or incur a fine of $250 per day. Compliance was documented on February 10,
2012, having 679 days of non-compliance for a fine of $169,750,
Patricia Johnson, 3960 Hypoluxo Road, was the listing broker for the Bank, Ms,
Johnson explained that the Certificate of Title was not issued to the Bank until October,
2011, which would make the previous owner responsible for all the charges. The lis
pendens was issued on May 8, 2011, The property was registered on September 15,
2011, She advised the Bank would like the lien reduced to $1,500 plus administrative
costs. There was currently a contract on the property for $98,000, Officer Roy
provided pictures for the Board.
7
Meeting Minutes
Code Compliance Board
Boynton Beach, FIL February 15, 2012
used 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 March 17, 2010 to an amount of
$2,634.12 including administrative costs, Mr. Bucella seconded the motion with
discussion by Mr. Foot, Mr. Foot felt that this was a serious problem in that children
could have gotten in the area and that would present a safety hazard. He would like to
see the fine at $5,000 if not $10,000 plus administrative costs. Chair Costantino
concurred, Ms. Johnson advised that the property was well secured at all times.. The
property was being maintained weekly for quite some time. Vice Chair Yerzy
maintained his motion to reduce the fine to $2,634,12. The motion passed 4-3. (Chair
Cbstantlno, Mr. Foot and Mr. Cole dissenting).
Case No. 09-3388 Wells Fargo Bank 118 SE 29 Avenue
Officer Roy reviewed the details of the case, The property was cited October 22, 2009,
to trim overgrown vegetation, now yard, maintain pool in sanitary condition and
register property. The case was heard December 16, 2009, No one appeared. A
compliance date was set for December 31, 2009 or incur a fine of $500 per day.
Compliance was documented on February 14, 2012, having 774 days of non-compliance
for a One of $387,000.
Thomas Handley, 12095 Sunset Point Circle, Wellington, was the property owner and
was trying to complete a short sale to Stellar Homes. He advised when the original
offense occurred, he received a notice, as well as Wells Fargo Bank. At that time, the
property was mowed, as well as the pool drained. He appeared at the Compliance
Board hearing and was told it was a bank lien against Wells Fargo and they would need
to register the property, After contacting them, they did not register the property until
December 2011, During that time, Wells Fargo took ownership of the property by
changing the locks and installing a dead-bolt on the screen enclosure, so there was no
possible access to the property. Mr. Handley further advised he had spoken to the
Bank on numerous occasions in an attempt for them to close the matter, but was told
their research showed no lien on the property. They have taken no responsibility and
would be taking it to foreclosure if Mr, Handley would not take care of the lien, Mr,
Handley indicated he had a contract in place to complete the short sale to Stellar
Homes. As soon as the Bank registered the property, permission was granted to
complete the short sale. The date of closing would be February 21' He advised the
locks were cut and Stellar Homes completed a lot of improvements. He requested a
reduction as much as possible so that he could pay it and complete the short sale.
A
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs,
HSBC BANK USA
Respondent's),
CASE NO. 09 -3978
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on February 15, 2012, pursuant to Chapter trio, 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.
1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances.
3. The lien imposed by the Board on March 17, 2010 on the Property located at 855 Carlee Cir., Boynton
Beach, Florida, with the legal description of:
COS"T"A BELLA LT 1, according to the plat thereof as recorded in Plat Book 52 Page 152, of the Public Records of Palm
Beach County, Florida,
PCN: 08- 43- 45 -20 -23 -000 -0010 is REDUCED TO $2,634.12.
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 ay of
2012.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST":
rY ER K
copies furnished:
I- lonorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
HAR 1 2012