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11-3198 - US Bank national Assoc TRS0 4 z 0 Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 Date: To: From RE: October 1, 2013 City Commission Code Compliance Division Code Compliance Case #11-3198 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: Ej 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) ij Said review must occur within thirty (30) days of the request for review. o 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. u 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 Plum i1 • 01 1 f • I *I I g I 1:1WAS FlINAdWO Michele Costantino, Chair Gary Cole, First Vice Chair Alan Borrelli Kathleen Carroll RoseMarie Yerzy Carol Brenner ]IT-Tolr1k M- David Tolces, City Attorney Diane Springer, Code Compliance Coordinator Chair Costantino called the meeting to order at 6:30 p.m. A quorum was present. 11. Approval of Agenda Diane Springer, Code Compliance Coordinator, announced the Respondents for Case No. 10-468 and Case No. 09-3309 were not yet present. Ill. Swearing in of Witnesses Attorney Tolces administered an oath to all those intending to testify. Ms. Springer distributed a letter to the Respondents detailing the procedures and appeals to the City Commission. She explained it could take up to a Month and a half before the matter is final. When needed, she could issue a letter detailing the Board's decision, pending City Commission review, if requested. IV. New Business Case No. 11-3198 US Bank National Assoc. TRS 309 SW 4 th Street Ms. Springer presented the case. The notice of violation was on November 28, 2011, for violations pertaining to mowing and maintaining all overgrowth. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine set by the Board was to comply by January 28, 2012, or a fine of $250 per day would be imposed MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 thereafter. The violations were corrected on December 12, 2012, having 318 days of non-compliance. When Ms. Springer was first contacted, she checked the water and tax bills. All was up- to-date at that time and the case was in compliance. There needed to be an inspection for lien reduction and she emalled the real estate agency and title company to send a representative to repair or replace the garage door, clean and secure the pool, repair the pool enclosure, replace the pool filter, maintain overgrowth and pressure clean the roof. In February, a re-inspection took place and all but the fence was addressed. The Code Officer found the garage door was installed without a permit. Ms. Springer contacted the real estate agent, who paid for a permit, but the contractor did not pull one, A permit was eventually issued. The work was finalized on March 27, 2013, and the property passed inspection on April 11, 2012, making it eligible for a lien reduction. Sue King, 5629 Strand Boulevard, Naples, with DataQuick Title, was present. She explained the property is a bank-owned foreclosure. It foreclosed slightly over $378,000. The list price was $149,900, but the contract price was unknown. Ms. King assumed the contract price was fairly close to the list price. They made over $43,000 of repairs on property and she produced receipts she provided to the Board. Ms. King got involved with the property about two months ago and that was when she found out about the garage door and a few other items to be corrected. There is a contract pending the release of the lien. Ms. Springer had photographs from May she showed to the Respondent and the Board of the interior and exterior of the home. Chair Costantino inquired if the buyer was purchasing the property as an investor. Ms. King did not know, but hoped it would be an end user. She thought if the buyer was an investor, there would be a loan. The buyer is purchasing the home from the bank after the bank foreclosed. It was noted the violations compiled before the photographs were taken and the repairs were extensive. 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, Vice Chair Cole moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 18, 2012, to an amount of $7,634.12 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 11 -3198 US BANK NATIONAL ASSN. TR. Respondent's), THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on August 28 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 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 liven imposed by the Board on January 18,2012 on the Property located at 309 SW 4th St., Boynton Beach, Florida, with the legal description of: SIERRA HEIHTS, LT 40, according to the plat thereof as recorded in Plat Boob 28, Page 15, of the Public Records of Palm Beach County, Florida, PCN: 0843- 45- 28 -28- 000 -0400 REDUCED TO $7,634.12. 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 this day of 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST': a (?Y CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerks r Respondent 5 ' '4 x411 i r,, 3 1 IS pi LLK i