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11-2861 - HSBC Bank USA National Assoc TrustPolice Department "A CFA Accredited Law Enforcement Agency" I E. Boynton Beach Bouleuard 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 Date: To: From RE: September 5, 2012 City Commission Code Compliance Division Code Compliance Case #11-2861 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) u 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. o 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 Lien Reduction Boynton Beach, FL August 20, 2012 Case No. 12-961 Eliahu Mlzrahi Location: 261 N. Atlantic Drive Violation(s): CO CHIO SEC 10-56(A) BBAA FBC'07 ED 105.1 Property cannot be occupied until all violations are corrected. Fix roof and ceiling. Repair windows and doors, front and rear screen windows and doors. Pool is unsafe. Permit for pool fencing is required. Repair all light fixtures. Permit required for new windows. Ms. Springer presented the case which was brought to the Board last week. At the time it was tabled, the Respondent testified the property was in foreclosure and he could not enter the property as there were "No Trespass" signs from the management company posted on the property. Ms. Springer had documentation there was a fls pendens and there was a sign for no trespassing. She requested the case be closed and staff would recite the bank, Eliahu Mlzrahi, 8291 Bermuda Sound Way, Boynton Beach, was present but had no comments to make. groirort Based on the City's request, Mr. Foot moved to close the case. Mr. Coie seconded the motion that unanimously passed. Ms. Springer noted this case and the next dealt with the same property. The notice of violation was October 17, 2011, to replace broken windows. The case was heard on December 21, 2012, and no one appeared. The compliance date was set for December 31, 2011, or a fine of $200 a day would be imposed thereafter. The violations were corrected on July 17, 2012. Ms. Springer was first contacted in July. The violations were corrected and eligible for Lien Reduction at that time. Don Clemens, 508 Harbor Road, North Palm Beach, was the Bank's contractor, Ms. Springer explained before all of the respondents representing a bank or former property owner could come to the Board, she obtains documentation from the prior owner that they have given permission for a representative to speak on their behalf. 2 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Mr. Clemens testified the violations were prior to 2012. The Bank took possession on May 9th and they addressed the violations they were made aware of at that time. The lawn was addressed on May 13th and the windows by June 29th. The Certificate of Title was obtained on July 26, 201 When they took possession they changed the locks. The Bank offered the current occupant cash to move out and leave the property in good shape, which was executed on May 9th. The property was currently vacant, for sale and was maintained in the interim. He did not know the price of the home, Mr. Foot thought the Board should consider the time period of May 9 to June 28 they had access to take action for about 50 days or $10,000. Mr. Clemens testified once he received his order, he acted as quickly as possible. The Bank was notified on October 17, 2011. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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 December 21, 2011 to an amount of $10,000, including administrative costs. Mr. Bucella seconded the motion. Chair Costantino requested administrative costs be added. Mr. Foot did not agree. The motion unanimously passed. The Business Tax Receipt was no longer an issue due to the dwelling being vacant. Case No. 11-2861 HSBC Bank USA National Assoc Trust 708 NW 1 st Avenue Ms, Springer presented the case. The notice of violation was dated December 30, 201 regarding a Business Tax Receipt and mowing the lawn. The case was heard on March 21, 2012, and no one appeared. A compliance date of March 31, 2012, was established or a fine of $150 per day would be imposed thereafter. The violations were corrected on May 15, 2012. Don Clemens, 508 Harbor Road, North Palm Beach, had no additional testimony � ff Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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 rescind K CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, 1 1 -2861 HSBC BANK USA NATIONAL ASSOC. TRUST 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 August 20, 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 December 21, 2011 on the Property located at 708 NW I" Ave., Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTATES PL I W 1.5 FT OF LOT I & LOTS 2 & 3 BLK 4, 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- 004 -0012 is REDUCED TO $10,000.00. The City shall prepare a release and satisfaction consistent with this Order. 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. T 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 (94) 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 day of 0 012. 1 y ae �P E Michele Costantino, Chairperson CODE COMPLIANCE BOARD J CICLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk ` i ., a zi Respondent w ,,, < IT CLERK'S OFFICE