09-3324 - Wachovia Mortgage - 7801 Manor Forest LnDate:
To:
From
RE:
Police Department
"A CFA 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) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
July 10, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3324
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:
o 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)
ci 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.
c, Modify the Board's Final Order.
Li 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 12011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida June 18, 2012
Case No. 09-3324 Wachovia Mortgage 7801 Manor Forest Lane
Diane Springer, Code Compliance Coordinator, presented the case. The notice of
violation was October 14, 2009 for violations pertaining to registering property and to
mow yard areas. 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 incur a fine
of $250 a day thereafter. Compliance was documented on May 6, 2010, having 90
days of non-compliance. Ms. Springer received the first email on January 4, 2012 to
perform a lien reduction inspection. The results found that missing screens had to be
replaced and the gate needed repair. It took 20 days from the email date for the
property to be in compliance. Water, taxes, and registration were up to date.
Robert Spear, 51 East Commercial Blvd., Ft. Lauderdale, FL, representative for
Wachovia Bank, advised the office requested a fine reduction to $1,000. The office
received the Certificate of Title in December of 2011 and at that point, they began taking
care of the property. On December 28th, an email was received stating they had
complied and the fine was no longer accruing on the property. The property was now
in a foreclosure process again. The notice of lis pendens was June, 2009, with final
judgment in October, 2011. Mr. Bucella noted the liens began in 2009 and the bank
became the owner when they foreclosed on the property in late 2009, early 2010.
There was no buyer for the property due to the second foreclosure issue.
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. Bucella 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 $3634.12,
including administrative costs. The motion was seconded by Ms. Carroll and
unanimously passed.
Case No. 11-1586 Bank of New York Mellon 501 W. Ocean Ave.
Ms. Springer presented the case, and indicated the notice of violation for this case was
June 23, 2011 for violations pertaining to registering the foreclosure property, clean and
maintain pool, secure openings, remove trash and mow and trim yard. The case was
heard on December 21, 2011, and no one appeared. The compliance date and fine
established by the Board was December 31, 2011, or a fine of $300 a day would be
imposed thereafter. The violations were corrected on May 29, 2012, having 149 days of
non-compliance.
Ms. Springer advised the first lien reduction inspection was done on April 30, 2012.
There were grass and weed issues that still needed to be completed, the pool needed
P)
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 09-3324
WACHOVIA MORTGAGE
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 June 18, 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, 2014 on the Property located at 7801 Manor Forest Ln.,
Boynton Beach, Florida, with the legal description of:
MANOR FOREST PL, 4 LT 111, according to the plat thereof as recorded in Plat Book 73, Page 194, of the Public Records
of Palm Beach County, Florida,
PCN: 08-42-45-12-16-000-1110 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
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.
nnNF AND ORnFRFn ;lftor hearing at City of Boynton Beach, Palm Beach County, Florida this day of
copies furnished.
Honorable Mayor and the City Cori s 2f),12City Attorney
City Clerk, r
Respondent CITY `" i
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD