11-1405 - Federal National Mortgage AssocationCode Complianc
pbonc(56;742-6/20
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
May 8.2013
City Commission
Code Compliance Division
Code Compliance Case #11-1405
In accordance with Ordinance number 001-07, the emC|Vood "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:
:�i 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.
.zj Upon such review, the City Commission may take one of the following actions:
@. Uphold the Code Compliance Board's recommendation iMfull,
h. (]v8pru|eMha Board's decision in full.
c. Modify the Board's Final Order.
o The City Commission shall direct staff ho take action consistent with their review of the
"Lien Modification Qnder"
|. hereby request the City Manager's
Office to place the above referenced c@se on the next available City Commission Agenda for
review.
Si on this date, the day of
.2Ol1.
Ametica's Gotemuy to the Gudfstream
P Wiinurltes
Code Lien ReduCtion
Boynton Boach, FIL April 24, 2013
Discussion followed the repairs were done in one day. Mr. Stern explained some repairs
were done prior, such as pool and lawn. There was an issue with the latch on the fence
which was fixed and the house numbers. The items left over were very minor. They
[� , urchased the property on the courthouse steps on January 25, 201 but th e lien was
f Fubrjify 7, 2013. Ms. Brenner commented, if they purchased the property in
January, t1je lien should hl been recorded in their name because the property should
be recordeu in the ri�\,v nanne within 10 days. Mr. Stern explained the Certificate of Title
was received February 10, 201 He clarified it takes three to four weeks for the Clerk
to record ducu!nOntS. T here were no further questions from the Board.
Motion
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent has connplied with all lien reduction
procud°ure vet fc, in Section 2-84 through 2-89 of the City of Boynton Beach Code of
Ordinances, Nils, ' Brenner moved that this Board rescind the fine instituted in the
aforemeritioried L, �)y vi; rue of this Board's Order of $8,300, and that the lien imposed
by that Ordor be r!.fleased. The motion died for lack of a second
Ms. Brenner announct she used the kwrong motion,
Motion
Based o the te-stimoi and evidence presented in the aforementioned case, and
having beu,l advised that the Re�spondent has compiled with all lien reduction
proceduf,i2i[ , 6;_1 fiOftfi W Section 284 through 2-89 of the City of Boynton Beach Code of
Ordinanccs, I'Vis. Eren, rnoved thvit this Board reduce the fine instituted in the
afoierneritiOHed '11',.a6e i)y Virtue Of this Board's Order of October 17, 2012, to an amount
Of "'8,300 Ficluding �drriinistrative costs. Chair Costantino passed the gavel and
,s�:condod ihv motion that passed 4-1 (Ms. Carroll dissenting.)
Case No. 11-14105 Federal National rViortgage Association 124 SE '10th Avenue
, ' , ,Is. Springer presented the case. The notice of violation was sent on June 10, 201 for
V?01'.tiowl' puriaming to �I parrFlit needed for an installed water heater and windows. The
�;ase I leard on Suptenib( r 21, 201 and no one appeared, The compliance date
and fine by ti,e Uuard was October - 1, 2011, or a fine of $100 per day would be
imposed. rho viclatio,-is were corrected on October 18, 2012. The application fee for
the lien reduction, was paid. She was first contacted in December 2012 by a
representative from tiie firm of Marshall Watson. She provided a list of items to be
corrected, which wF_s to trim and remove holly, replace the missing screens on
windows, and repair the walk in the front of the property. They were also required to
remove excess blocks from the rear of the property. She was again contacted in
February Dy a real estate agerit and in March, by Robin Dominguez, wno was just
4
Meeting I'Vlinutas
Code Lien Reduction
Boynton Bea m, FL April 24, 2013
assigned the property and who asked for the list of outstanding violations. The
violations were corrected and inspected by March 7, 201 There were no outstanding
water bills that had ic be paid
Wtch0 !`� Es q., from Choice Legal Group, formerly known as the Law firm of
MaFsh,.W Watson, and the attorney for Fannie Mae, at '1901 West Cypress Creek Road,
third - floor, Ft. Lauderdale, was present. He offered apologies for Fannie Mae taking so
long to correct the violations. He explained some assets were brought into compliance
quickly rind som, were riot. Fannie Mae was offering 10% of the face value of the lien,
plus costs to settle, They have taken 2 huge loss on the property. It is listed for $34,900,
with no interested parties, The Final Judgment in the bank foreclosure was
$179,322.70, and they spent $27,000 to rehab the property. The lien is $38,834. He
offered no further testimony.
Chair Costantino noted there was a letter in the packet to review, which explained there
were tl' ree liens before them, Ms. Springer contacted him this week to advise she
spoke vvith the City's legal counsel and two cases were removed. The only valid case
was Case No. 11-1405, The original offer was for all these of the lien. They still wanted
to offer 10 %, but only for [lie one valid lien.
The first case was foreclosed on and the second case was against HSBC Bank, who
had the Certificate of Title and Fannie Mae purchased the property. The violation on
the valid case was only for the registration of the properly.
MOVW1
T
Based on the tustiniony and ev presented in the aforementioned case, and
having been advised that the Ro has complied with all lien reduction
proceduie, set forth in Section 2-84 through 2-6 of the City of Boynton Beach Code of
Ordinances, Vice. Chdr Cole n aiat this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of September 21, 2011, to an
amount of $3,883 including administrative costs, Ms. Carroll seconded the motion that
unanimously passed.
Ca se N �D, "I s` - 6 .97 lank. of New York 1096 SVV27th Avenue
M& Springer pre-- tho request. The notice of violation was sent on April 20, 2012,
for violations pertaining to foreclosed properly registration, to secure the structure on
the west side replace or repair roof and soffit over the front door, repair or replace the
garage cl= replace missing screens, snow, weed and trim all overgroMh, remove
trash and debris and outside storane and repair the hole on the east side of the house.
The case was heard an June 20, 2012, and no one appeared. The compliance date
and fine set by the Board was June 30, 2012, or a fine of $1,000 per day would be
imposed. The violations were corrected on April 22, 2011 The reduction application fee
0
CODE COMPLIANCE BOARD
CITY OF BOYI' TON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 11-1405
FEDERAL NATIONAL MORTGAGE ASSOC.
Respondent's).
LIEN MODIFICATION ORDER
THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on April 24, 2013, 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 arnount 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 September 21 2011 on the Property located at 124 SE 10` Ave., Boynton
Beach, Florida, with the legal description of:
BOWERS PARK W 1 1 OF LT 6 & LT 7 BLK 26, according to the plat thereof as recorded in Plat Book 11, Page 57, of the
Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -12- 026 -0061 is REDUCED TO $3883.00.
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 tinge period for appeal under the Code has elapsed and if appealed is properly
disposed by the Cite Commission.
7. In the event that the property owner does not comply with the Code. Compliance Board order, as approved or
modified b; 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 this _ day of
2013.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
6 t
(! !C Y CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
Respondent
R 2 q 2013
CITY I 1