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10-2056 - CitimortgagePolice Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Bou leuard P. O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-61 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 141:4 L 104 oil Lot 11 RILI a I a—ALI &A IT, [I Date: To: From RE: May 31, 2012 City Commission Code Compliance Division Code Compliance Case #10-2056 � n 0 z vsT. Vi. z 0 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 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. u 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. o. 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 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 Elizabeth Loffio is the widow of Janet Lofflo's only son, who passed away in 1091. Elizabeth was added to the deed, but could not do anything until Janet passed away. When Ms. Loffio died in 2012, she was 87 years old and the brother was likely over 90, 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 September 21, 2005, to an amount $5,000, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 10-2056 Citimortgage 115 SE 14th Avenue Ms. Springer explained this case and the next were for the same property. Ms. Springer presented the request and indicated the notice of violation was sent July 13, 2010, for violations pertaining to registering a foreclosed property, mowing the yard and trimming the vegetation. The case was heard on August 18, 2010, and no one appeared. The compliance date and fine established by the Board was August 28, 2010, or a fine of $100 a day would be imposed thereafter. The violations were corrected on September 19, 2011, having 386 days of non-compliance, Ms. Springer clarified mowing and trimming the yard were not part of the original violation. Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker representing Citimortgage, was present. He commented the property was currently under contract. Ms. Springer explained the property was registered on September 19, 2011. Mr. Matthews explained the Bank did not obtain the property until January 4, 2012. The foreclosure proceeding was started and it should have been registered on March 23, 2010, when the lis pendens was filed. Mr. Matthews explained he was not involved until January 9, 2012, but noted the property was occupied at that time. He did cash for keys to Mark Veen, the owner, who was living at the premises on February 20, 2012. Mr. Matthews expressed confusion as he registered the property after they moved Mr. Veen out. Attorney Bridgeman explained there are two elements of the Ordinance. One element is to register the property once it becomes vacant, and the second component was to maintain the property once it becomes vacant. If they filed the lis pendens, there was an obligation to register and maintain the property; however, the Ordinance also specifies it applies to property that is vacant or subject to default. The violation notice was sent to the foreclosing attorney in Tampa, who signed a receipt of mailing for the notice. Ms. Springer explained they sent the notice to the foreclosing attorney because the County property records would reflect Mark Veen as the owner until the foreclosure was 7 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of August 18, 2010, to an amount of $3,634.12, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11 -'1172 Mark Veen & Margaret Turner 115 SE 124th Avenue Ms. Springer presented the request and indicated the notice of violation was sent May 12, 2011, for violations pertaining to a Business Tax Receipt, removal of trash and debris, and outside storage. The case was heard on July 20, 2011, and no one appeared. The compliance date and fine established by the Board was July 31, 2011, or a fine of $150 a day would be imposed thereafter. The violations were corrected on January 26, 2012, having 178 days of non-compliance, Ms. Springer explained Mr. Veen was living in one of the units, and his girlfriend was living in the other unit rent free. He signed an exempt form on January 20, 2012. Staff verified that all the other violations complied on January 26, 2012. There was a memo from the Building Department dated September 22, 2011, indicating there was no electric service to the premises and an extension cord connected to another property was used to obtain service. The house is placarded and the tenant was told to call Code Compliance when power was restored. An outstanding water bill of over $4,000 from Mr. Veen was paid prior to coming before the Board. Thomas Matthews, 18608 Harbor Light Way, Boca Raton, the listing real estate broker for Citimortgage, was present. Mr. Matthews explained he received the listing on January 9, 2012. On January 10, 2012, he contacted Mr. Veen and made arrangements for him to move out on February 20, 2012. After that point, they corrected the exterior violations, removed the trash and trailer which was on the premises, mowed the property and improved the landscaping. The property has been in compliance ever since. As to the Business Tax Receipt, because Mr. Veen signed an affidavit indicating he was living there and the girlfriend was living there for free, there was no violation. It was also noted there were health and safety concerns that were not part of the case. Ms. Springer distributed photographs to the Board, Mr. Matthews explained when the deal was made to move Mr. Veen out, no one was living in the other unit. He noted the property has been under contract for several months for $28,000, LZI CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, CASE NO. 10 -2056 vs. CITIMORTGAGE 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 Mav 21, 2012, 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 b locat d� at 115 e SE 14 1 Ave., Boynton 3. The lien imposed by the Board on August 18, 2010 on the Property Beach, Florida, with the legal description of: CENTRAL PARK ANNEX- BOYNTON LT 15 BLK 10, according to the plat thereof as recorded in Plat Book 12, Page 51, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 28 -13- 010 -0 is REDUCED TO $3,634.12. 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 e of no modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall hall be further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period 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 2012. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk a� Respondent MAY 2 4 1912 UM 'CLEWS OFFICE Michele Costantina, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk a� Respondent MAY 2 4 1912 UM 'CLEWS OFFICE