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09-3897 - Amtrust BankPolice Department "A CPA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-031 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 #09-3879 PQL 4V 1� c� z � 0 'mar. 1.2o 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 Off ice 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 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 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. Foot moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 20, 2011, to an amount of $1,730.15, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed Case No. 09-3879 Amtrust Bank 566 W. Ocean AvenLA Ms. Springer presented the request and indicated the notice of violation was sent December 11, 2009, for violations pertaining to registration of a foreclosure and trimming hedges at the corner to provide an unobstructed view of the intersection. The case was heard on January 20, 2010, and no one appeared. The compliance date and fine established by the Board was February 4, 2010, or a fine of $250 a day would be imposed thereafter. The violations were corrected on April 16, 2012, having 801 days of non-compliance, The Respondent had to pay an outstanding water bill and registration of the property was confirmed on April 13, 2012. Addressing the hedges was confirmed on April 16, 2012. They also had to repair the windows, screen and an air conditioner to apply for the lien reduction. Laura Rollins, 1450 SW 10th Street, Suite B, Delray Beach, the listing agent, was present. Ms. Rollins obtained the listing on January 11, 2012, and was not aware of the violations until the property was under contract on March 28, 2012. When she learned of the violations, she contacted Ms, Springer, registered the property, landscaped and trimmed the property and paid a municipal lien. The sale price of the home was $86,000. Ms. Springer distributed photographs to the Board, Ms. Rollins explained they spent almost $4,000 on a new air conditioner; they paid to have graffiti removed and the preservation team mowed and replaced the windows. The cost for the windows was about $525. Discussion followed the Bank received notification and there was a dangerous Situation created from the hedges at the intersection. Ms. Rollins explained the Certificate of Title was issued April 2012. The lis pendens was issued June 23, 2008. Another real estate agent had registered the property, but had done so incorrectly. As to a dangerous intersection being created because of the hedge height, Ms. Rollins explained there was no through traffic as the road dead-ended against the interstate and was on a cul-de-sac; however, a stop sign was observed in the photograph. N Meeting Minutes Code Compliance Board Boynton Beach, Florida May 21, 2012 &110- I 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, Ms. Yerzy 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 $10,000 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 08-1279 Timothy Pardo 134 SE 11th Avenue Ms. Springer announced this case and the following case involved the same property. She indicated the notice of violation was sent April 28, 2008, for violations pertaining to mowing the property and removing trash and debris. The case was heard on June 18, 2008, and no one appeared. The compliance date and fine established by the Board was July 3, 2008, or a fine of $100 a day would be imposed thereafter. The violations were corrected on September 20, 2011, having 1,173 days of non-compliance. In addition to correcting the violations, the Respondent had to mow, trim, and weed the property, including the driveway, repair the carport roof and rotted fascia, replace windows, screens and the air conditioning unit, trim the trees, and replace the door to the storage area in order to apply for the lien reduction. Attorney Bridgeman administered an oath to all those intending to testify, Diane Balsara, 1200 S. Federal Highway, Suite 307, Boynton Beach, the listing agent for Wells Fargo Bank was present. The property was assigned to her from another agent on August 17, 2011. She requested a lien search be done which revealed the violations, She obtained bids and made the repairs. The property was then in compliance. After that, the asset manager reviewed exterior pictures and wanted additional work done to the exterior. They provided extra landscaping, coated the driveway, and made other repairs to both the interior and exterior, Ms. Balsara reported they spent about $26,000 to improve the property. She noted the carport and siding was repaired. She commented Wells Fargo aggressively repairs properties they have as it helps first time homebuyers. The sale price of the property was in the mid-60s as it did not have central air. Ms. Balsara explained when she got the listing, the property was vacant. Once the repairs are made she would have the exact list price. Ms. Springer distributed photographs to the Board. The members discussed the fine amount. It was suggested assessing this case for administrative costs, and imposing a fine on the next case. 10 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. AMTRUST BANK Respondent's). CASE NO. 09 -3879 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 by the City Code of Ordinances. 3. The lien imposed by the Board on January 20, 2010 on the Property located at 566 W. Ocean Ave.. Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTS PL 1 W 24.97 FT OF LT 2 & LT 3 BLK 11, according to the plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 29 -01- 011 -0021 is REDUCED TO $10.000.00. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this 094day of � I 1 2012, -" ff- CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk 7—, Respondent'" MAY 12' 4 2P312 Michele Costantino, Chairperson CODE COMPLIANCE BOARD CITY CLERK$ PEKE'