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10-1517 - Chase Home Financial - 1 Hawthorne LnPolice 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) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: July 10, 2012 City Commission Code Compliance Division Code Compliance Case #1! 0 -1517 T 0 I z 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". I, , 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 June 18, 2012 Courtney Dunn, 40101 Ravenswood Road, Dania Beach, was the new property manager for the property. She was unfamiliar with the case and was told to attend the meeting. On a quick review, she stated the original violation was failure to register the property which was in compliance. When the lien reduction was requested in January, other violations were noted. Everything had complied and was up to date and she was asking on behalf of the title holder that the fine be reduced as much as possible. Mr. Bucella confirmed with the respondent that the Bank would be paying the fines, Ms. Dunn was unsure if the property was currently being rented. 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, Ms, Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011, to an amount of $3,634.12, including administrative costs. Mr. Cole seconded the motion with discussion, Chair Costantino opined that the fine was too low as the Bank was collecting rent during the time of the violations. However, there seemed to be conflicting opinions on whether the property was rented or vacant. Ms. Carroll agreed to amend the fine to $5,634.12. The motion passed unanimously. Case No. 10-1617 Chase Home Finance LLC I Hawthorne Lane Ms, Springer presented the request and stated the notice of violation was sent May 18, 2010, for violations pertaining to the registering of the foreclosed property, removal of a bee infestation and repair of the deteriorated exterior of building- 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 May 11, 2012, having 649 days of non-compliance, Ms. Springer stated on May 14, 2012, it was requested that the building be secured, which the respondent thought was secure, but it was not. The garage door required scraping and painting, the sprinkler system needed repair, the rotted deck in the rear of the building would need repair or replacement, the mold pressure cleaned, replacement of missing screens on the patio windows, and repair of the gate. The outstanding water bill was paid. A reinspection was completed on June 7, 2012 and all violations were corrected. Margaret White, Ron Wolf and Associates, 4919 Memorial Highway, Tampa, was the attorney for the Bank. She advised the Certificate of Title was issued on the property on February 1, 2012. A lien reduction was being sought as there was a short sale contract on the property with a sale price of $49,900. 9 Meeting !"Tu"inutes Code Compliance Board Boynton Beach, Florida June 18, 2012 Mr. Cole inquired how long the bee infestation was occurring. Ms. Springer advised it was gone when inspected so she was unsure how long it had been there prior to inspection. There was brief discussion among the Board. 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. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 10, 2010, to an amount of $10,634.12, including administrative costs, Mr. Bucelia seconded the motion that passed 4-1. (Ms. Carroll dissenting). s__ s' In view of the passing of Mr. Yerzy, Ms. Carroll moved to make Mr. Foot the Vice Chair and Mr. Cole the First Vice Chair, Mr. Bucella seconded the motion that unanimously passed. The meetings of November were briefly discussed. It was noted the Wednesday meeting of the Code Compliance Board was to take place the day before Thanksgiving. After a brief discussion, it was decided to hold the meeting on Monday together with Code Lien Reductions. There being no further business to discuss, Mr. Cole moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 7:14 P,m, Ellie Caruso Recording Secretary .1 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -1517 CHASE HOME FINANCE LLC 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 July 21, 2010 on the Property located at 1 Hawthorne Ln., Boynton Beach, Florida, with the legal description of: BOYNTON LAKES PL 4 IN PB49P 179 LT 1 BLK 3, according to the plat thereof as recorded in Plat Book 49, Page 179 of the Public Records of Palm Beach County, Florida, PCM 08- 43- 45- 08 -06- 003 -0010 is REDUCED TO $10,634.12. 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 thi day of - 2012. Michele Costantino, Chairperson CODE COMPLIANCE BOARD CLERK copies furnished: Honorable Mayor and the City Commission City Attorney . u 1,4 , City Clerk'" u' Respondent ( 2 7 202