10-1579 - Bank of New YorkUI a I , jet
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A
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
P.0. 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) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
May 31, 2012
City Commission
Code Compliance Division
Code Compliance Case #10-1579
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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".
1, , 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 1 2011,
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton, Beach, Florida May 21, 2012
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents have 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. Cole moved that this Board reduce the fines instituted in the aforementioned case
by virtue of this Board's Order of January 20, 2010, to an amount of zero dollars,
including administrative costs. Ms. Yerzy seconded the motion that unanimously
passed.
Case No. 10-1579 Bank of New York 520 NW 11th Avenue
Ms. Springer presented the request and stated the notice of violation was sent May 26,
2010, for violations pertaining to securing all openings and removing trash. The case
was heard on July 21, 2010, and no one appeared. The compliance date and fine
established by the Board was July 31, 2010, or a fine of $250 a day would be imposed
thereafter. The violations were corrected on December 27, 2011, having 513 days of
non-compliance,
Hartford Howell, 8188 Jog Road, Boynton Beach, the real estate agent handling the
transaction for the owner, had no further comments to add.
Discussion followed the Bank already sustained a significant loss on the property and
would continue to have expenses with the taxes and/or insurance. Mr. Foot thought the
Bank might consider a $5,000 lien a nominal amount, but he thought they should
consider the effect it had on the community.
Mr. Howell indicated the Bank had contracted with a company to maintain the property
and it has been in compliance since he became associated with it. A recent inspection
revealed it was currently in compliance.
Further discussion followed if they collected administrative costs for all three cases,
which amounted to $1,900, it would not make or break the sale. The members
discussed the fine amount and $2,000 plus the $1,900 would be appropriate,
Motion
Based on 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 fines instituted in the aforementioned case
by virtue of this Board's Order of July 21, 2010, to an amount of $3,902.36, including
administrative costs. Mr. Cole seconded the motion that unanimously passed.
0
CODE COMPLIANCE BOAR}
CITY OBBOYNTON BEACH, FLORIDA
CITY 0FB0YNT0NBEACH
Petitioner,
vs. CASE N0. 10-15 79
BANK OPNEW YORK
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction uoMn'21`2Q12, pursuant to Chapter two, Article five of the City Code ofOr The Board having
considered the application, all the facts regarding the mpeoifiucode or codes the appealing party was io violation of, the date
of the original 6uuzd bouclu8, the date the affidavit of compliance was [ouned the 000uut lien uzuoout and all pertinent
information relating to the specific case and being otherwise duly advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that:
l� 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 hy the Board ooJo|v%1_%O10 on the Property located atj20NW` ll Boynton
Beach, Florida, with the legal description of:
CHERRY fflLL3 B0\]NT0N LT 291 & VV 16.67 FT OF LT 292, according to the plat thereof oo recorded in Plat Book 4
Page 58,of the Public Records of Palm Beach County, Florida,
9Cl1:08'43'45'1l 14'000'2910isBE3)DCXIC>I003.90I.36.
4. The City shall prepare n release and satisfaction consistent with this Order.
5. The release and satisfaction shall he recorded inthe public records of Palm Beach County at the Respondent's
expense.
6, This Order io not fivaluntil the time period for appeal under the Code has elapsed and if appealed iaproperly
disposed 6y the City Commission.
7. In the ovoo, that the property owner does not comply with the Code Compliance Bnm0 order, as approved or
modified bythe City Cnomouieuioo. within ninety (90) days of Commission's xdioo. the Lien Reduction Order shall 6o of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (A0) day period shall be
permiocd, and no further action by the Code Compliance Board or the City Commission oLmD be permitted regarding lien
rc6un6no.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida of
.
�nqv-�, LAAir'
Michele Comtaotinu.C6oir?ecmao
CODE COMPLIANCE BOARD
ooyieofbrosbed:
Honorable Mayor and the City Commission
City Attorney
City Clerk
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