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08-22 - United Realty ManagementPolice Department "A CPA Accredited Law Enforcement Agency I GO E. Boynton Beach Boulevard P.O. Box 370 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: October 12, 2012 City Commission Code Compliance Division Code Compliance Case #08-22 j..� PoLl V �� <:::�o 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) , :j 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. 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 1 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL. September 19, 2012 May and was listed for $229K. She explained she had a buyer. The Bank spent about $23,000 on the property. They rehabbed the interior, fixed the pool and secured the gate. She spent countless hours inspecting and managing the property. Ms. Matill@ became aware of the lien about two months ago when the property went to closing. She only was involved with the title, once the property was under contract. The home is under contract, but the owner does not feel they should pay a $96K lien. She also noted it was a gated community. Mr. Foot thought the community endured the damage to the home and thought a fine of $6,000 was appropriate. Chair Costanfino inquired if staff started proceedings when the Lis Pendens was filed. She rioted the brokers indicate they cannot enter the premises and so staff cites the Bank when the Lis Pendens was filed, therefore making the Bank responsible. Attorney Bridgeman clarified it is the Bank's responsibility to maintain the property according to the City's Ordinance. If the Bank takes the position they cannot go on property they have the mortgage on, that was their position. It was not the City's position, Ms, Mablia commented she was taught to not break the law when it comes to occupied properties and the Bank does not want vendors on the property when it was occupied. She made several attempts to contact the occupant. The Bank is responsible, once cited by the Code Compliance Officer. Chair Costantino explained the issue is the Ordinance was violated frorn a certain date. If the Bank does not address it, the Board does not have to be lenient. Ms. Matilla commented she understood there was a violation which they tried to address, but possession was nine tenths of the law. She and the Bank tried to pay the occupant to move several times and he never responded. Mr. Buueila noted the Bank does not want to assume liability of going on the property and they look a legal position that was opposed to the Ordinance. W!1060f! Based on the 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 Ordinanc_�s, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned ca-se by virtue of this Board's Order of March 21, 2012, to an amount of $9,600 including administrative costs. Mr. Foot seconded the motion that passed 5-1 (Ms. Carroll dissenting). Ca N�o, 08 United Realty Management Inc. 135 NE 1 1th Avenue Ms. Springer presented the case as contained in the notice of violation dated January 3, 2008. The case was heard March 19, 2008, and no one appeared. A compliance date and fine was established as March 29, 2008, or a $100 a day fine would be imposed thereafter. 1 violations were corrected on June 21, 2012, The property, which was a 114 Meeting Minutes Code Compliance Board Boynton Beach, FL September 19, 2012 rental properly, was up for sale. When the property was purchased, the former properly owner held the mortgage and they foreclosed, Candice Smith, 1190 SVV 20th Street, Boca Raton, was present as was Melanie Barney, of the same address. Ms, Barney explained her mother did a mortgage to United Realty as an investment. She loaned the real estate investor the money to improve the property and gave him a contract for one year. The investor paid the interest on the contract for 11 months. She invested her savings of $105,000. The investor defaulted on the loan after 11 months, so she did a deed in lieu of foreclosure, so a title search was not done at that point. When she initially took the property, a title search was done that confirmed there were no liens. The investor acquired a lien from replacing the roof which they learned of in 2012 due to an offer to sell. The lien was from 2008 when he did not obtain a permit for the new roof, Ms. Smith also inherited a septic tank problem, back taxes and several repairs from 'renters and evictions from non-payment. The home was also burglarized and all the appliances taken. She requested an extensive reduction. Ms. Smith commented when the roof was inspected, they were told they had to make additional repairs such as soffits, jalousie windows, screens, and more landscaping. Ms. Smith has no income so this was a hardship. They could not sell the home because no one would want the lien although they recently had an offer for $19K, but there was over $120K invested in the horne. The investor then did a deed in lieu of foreclosure back to Ms Smith, -so there was no recourse. The Home was rent,3d at one time to a Section 8 tenant for a year, and then another tenant for three months who was evicted. Ms. Smith intended to sell the property for whatever they could get for it. Ms. Barney paid to hire an engineer to get the roof that was installed by the investor al. The members discussed there were extenuating circumstances involved in this case. It was thought the Respondent was a senior victim of untrustworthy individuals. Ni 0 t 4 i orl Based on the 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 fine instituted in the aforementioned case by virtue of this Board's Order of March 19, 2008, to an amount of $634.12 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Ms. Smith praised the Boynton Beach Police Department for their assistance and guidance after the burglary, 0 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, 03 -22 UNITED REALTY MANAGEMENT INC. 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 Sentember 19, 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 hoard 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 March 19, 2008 on the Property located at 135 NE l 1' Ave., Boynton Beach, Florida, with the legal description of; SUB OF BLK 6 OF MEEKS & ANDREWS ADD W' OF LT 1, according to the plat thereof as recorded in Plat Book 12, Page 46, of the Public Records of Palm Beach County, Florida, PCN: 0843- 45 -21 -23 -000 -0011 is REDUCED TO $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. DON AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thijs day of , 2012. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: City Cleric Respondent _', C ^ WS OFFICE