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11-3255 - Citibank NA TrusteeA Police Department "A CFA Accredited Law Enforcement Agency" .7 00 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 rux: (561) 742-6383 Date: To: From RE September 5, 2012 City Commission Code Compliance Division Code Compliance Case #11-3255 S FOLIC, , 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 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) o 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 1 2011. America's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Victor Dieguez, 4400 Garden Avenue, West Palm Beach, did not offer testimony. Two checks were submitted for two properties that were situated in the same complex. He was working with Code Officer Courtney Cain, and was unaware he had to attend the hearing. Ms. Springer explained Mr. Dieguez had another unit in the complex and he did obtain the inspection for the Business Tax Receipt. The subject unit did not receive an inspection because no one was living in it at the time. A tenant moved in a month later and moved out and another tenant moved in about a month and a half after that. Mr. Dieguez reiterated he was working with Officer Cain at the time. He had received correspondence regarding the violation and Ms. Springer confirmed he sent in money for both units. When queried if a refund was received, Mr. Dieguez responded the money was not refunded, nor did he pursue it. Mr. Dieguez thought Officer Cain inspected both units, but apparently did not, Ms. Springer thought it may not have been because it was unoccupied or no one was available to let him in. She reiterated the payment was submitted for both. Notices were issued indicating the application was not complete for the Business Tax Receipt because of the lack of the inspection. Based on testimony and eviden( been advised that the Responde lien reduction procedures set fort Beach Code of Ordinances, M instituted in the aforementioned 2012, to an amount of $1,134.12, motion that unanimously passed, Case No. 11-3255 ,e presented in the aforementioned case and having nts, Victor & Barbara Dieguez, have complied with all h in Section 2-84 through 2-89 of the City of Boynton .. BuGella moved that this Board reduce the fines case by virtue of this Board's Order of February 15, including administrative costs, Mr. Cole seconded the Ms. Springer presented the case. The notice of violation was on December 1, 2011, regarding registration of a foreclosed property, and mow and trim yard areas. The case was heard February 15, 2012, and no one appeared. A compliance date was set for February 25, 2012, or a fine of $250 per day would be imposed thereafter. The violations were corrected on August 14, 2012, Ms, Springer was contacted on July 31 st for a reduction and by August 9th, the work was done. The property was brought into compliance almost immediately. Susan Raab Popov, 8842 Cobblestone Point Circle, Boynton Beach, and Alex Bendien, Lyons Realty Group, 1851 Via Grenada, Boynton Beach, were present. 11 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Ms. Raab Popov got the listing from the seller three years ago, and she became Ill and moved out of the country to Columbia. There were many offers for the property, but the buyers kept walking away because the Bank would not approve it. in December, the owner filed bankruptcy and they could move forward, but they still did not have a buyer willing to wait out the approval process. Mr. Bendien had a cash buyer with no contingencies or inspection so they continued with the work because the Bank would not do it. The sale price was $70K and they spent $800 in repairs. Discussion followed the registration became a moot point and the issue was the mowing, which was done in August. Ms. Springer commented it may have been in October 2011 when she received an email about the property and she notified them the property needed to be registered. Compliance occurred almost immediately. There was a prior case in 2008 the City lost having to do with a bankruptcy. That was when she started receiving emails from Ms. Raab Popov. She had correspondence in October 2011 regarding registration, Discussion turned to the fine amount. Mr. Bendien commented the transaction was a short sale so they only had a certain amount of money to work with. A $9,000 pay off would eliminate any chance for the sale. He represented the buyer and he expressed the buyer would not pay out of pocket to clear the violation, The buyer was spending $70,000 to get the property out of foreclosure and had already paid $900 to restore the structure. The buyer intended to inhabit the home, Ms. Raab Popov reiterated she had this listing for three years and had watched the house deteriorate, It became dangerous to go to the property due to individuals inhabiting the structure and in order to have someone live there and improve the neighborhood, all had to work together. It would not happen if they had to pay the fees and the bank would just foreclose on the property. The Bank has appropriated about $2,300 to take care of the violations. Chair Costantino commented they have to consider the neighborhood suffered, Ms. Raab Popov commented the Bank does not maintain properties in active short sales and she has tried to enlist their assistance, but they were uncooperative due to the status pending. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Citibank NA Trustee, 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 February 15, 2012 to an amount of $4,500, including administrative costs. Mr. Bucella seconded the motion that unanimously passed. 12 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11 3255 CITIBANK NA TRUSTEE 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: I. 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 February 15, 2012 on the Property located at 805 SW 1" Ave., Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTATES PL 4A LT 32 BLK 60 -A, according to the plat thereof as recorded in Plat Book 14, Page 69 of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -29 -23 -060 -0320 is REDUCED TO 54,500.00. 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. 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 this4& day of 1 2012. (— e6 l Michele Costantino, Chairperson lT erson ), CODE COMPLIANCE BOARD A TEST- pf, C�CLERK copies furnished: Honorable Mayor and the City Cornrnission City Attorney r:. City Clerk R" . Respondent u; C ITY CLERO OF FICOE 1