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12-52 - US National BankU 1 1 1 1 - a Police art ment "A CFA Accredited Law Enforcement Agency" 1 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 Phorw: (561) 742-6120 Fax, (562) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: October 12, 2012 City Commission Code Compliance Division Code Compliance Case #12-52 o i l 1,nr . 7 � 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". 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 1 201 America's Gateway to the Gulfstream Meeting Minutes Code Compliance Boarci Boynton Beach, FL September 19, 2012 offered to install a shed to house the machines. Officer Lewis noted there was electric at the site and since the electric was exposed a dangerous situation was created when it rained. The machines were four to five feet from the structure and Officer Lewis could not locate any permits. Nis Ford requested 30 days. If she purchased a shed it would require a permit as well as for the electrical, water and sewer lViction Based on the testimony and evidence presented in the aforementioned case, Mr. Bucella moved that this Board find that the Doris Jefferson Estate is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before September 26, 2012. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the arnount of $150 per day for each day the violations continue past September 26, 2012, Plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-inspection of the property to verify compliance with this Order. Discussion followed about the fine amount. Mr. Bucella amended his motion to reflect a fine of $100 per day. Mr. Foot seconded the motion that unanimously passed. I- Case No, 121­52 U.S, Bank National Tr. 1530 Rialto Drive Diana Springer, Code CornpN Coordinator, presented the case. The notice of violation was January 13, 2012, to secure an unsanitary pool, replace a missing gate on the - fence, secure windows, remove outside storage, trash and debris and repair or replace torn screens on windows. The case was heard on March 21, 2012, and no one appeared. A compliance date and fine was set for March 31, 2012, or a fine of $1,000 per day would be incurred thereafter. The violations were corrected on July 12, 2012. Ms. Springer stated the water and taxes were up-to-date prior to the Respondent applying for lien reduction and there were no other violations that had to be corrected to bring the case before the Board. Gina MatlHa, 2755 S. Federal Hghviay, Broker for the Bank, stated she received the assignment io list the property in August of last year. From then until March 19, 2012, the property was occupied. She inspected the premises every 10 days, She acknowledged even though it was the Bank's property, they could not trespass. The property was re-keyed on March I 9th. She immediately obtained bids to secure the pool, clean it out and the pool was cleaned and secured by April 30th. She did not know of the violation because she gets notices or the posts on the door. The notice did go to the Bank, but it never got to the right place. The property was under contract since 7 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. Matilla 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 comi endured the damage to the home and thought a fine of $6,000 was appropriate, Chair Costantino inquired if staff started proceedings when the Lis Pendens was filed. She noted 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. Matilla 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 from 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. BLI_cella noted the Bank does not want to assume liability of going on the property and they took a legal position that was opposed to the Ordinance. MoLi a3 n 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, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case 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 dissenti't7g). Case 08-22 United Realty Management Inc, U5 NE 11th 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 The violations were corrected on June 21, 2012, The property, which was a L-03 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, I2 -52 U. S. BANK NATIONAL TR, Respondent's). LIEN MODIFICA'T'ION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on September 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 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 March 21, 2012 on the Property located at 1530 Rialto Dr., Boynton Beach, Florida, with the legal description of: MELh -AR LT 35 BLK 3, according to the plat thereof as recorded in Plat Book 86, Pages 145 through 150, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -18 -21 -003 -0350 is REDUCED TO $9,600.00. 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. QONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2012. Michele Costantino, Chairperson CODE COMPLIANCE BOARD AT'T'EST. ' q��sl 31� ' {�gS3iN ER 1 F 3 0 F F I C E �