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11-852 - USA Baml Matopma; Asspc TRPollice Department "A CPA Accredited Law Brtforcement Agency" 1 00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 Jeffrey Katz Chief of Police Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: October 1, 2013 To: City Commission From. Code Compliance Division RE: Code Compliance Case #11-852 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: zi 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) u Said review must occur within thirty (30) days of the request for review. a 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 America's Gateway to the Gutfstream MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, EL AUGUST 28, 2013 Case No. 11-852 USA Bank National Assoc. TR 729 Ocean Inlet Drive Ms. Springer presented the case. The notice of violation was April 18, 2011, for violations pertaining to registering a foreclosed property, securing and cleaning the pool, trimming the hedges in the front to four feet, removing trash and debris, and securing the home. The case was heard on June 15, 2011, and no one appeared. The compliance date and fine set by the Board was June 25, 2011, or $1,000 per day. The violations were corrected on June 1, 2013, having 706 days of non-compliance. The Respondent had to pay an outstanding water bill of $1,029.03 and taxes of $4,384.08. Ms, Springer was contacted on August 1, 2013, for a lien reduction inspection and they needed to repair the self-latching gate on the west side and obtain a permit for the water heater which was done. The property was re-inspected on August 20, 2013, and the Respondent had to mow and remove trash and debris. The property passed inspection by August 26, 2013, Barry Reuben, 5003 N. Travelers Palm Lane, Tamarac, who works for the owner was present. They bought the house in 2012 and inherited the violations. He represented Paul Rioff, of Coquina Cove, the owner, and had a notarized affidavit authorizing him to speak on his behalf. Mr. Reuben explained they cleaned the property, painted the house, did landscaping and it was mostly all outside improvements. They pulled a permit for a hot-water heater He was present to request a reduction. He had receipts, which were not produced. He explained they invested about $33,000 in the property and paid $3,000 in water bills, past electric bills, and closing costs. There was brief discussion about the repair of the self-latching gate. Ms. Springer clarified that did not mean the gate was open. The owners purchased the property in 2012 and secured and cleaned the pool immediately thereafter. Mr. Reuben believed it was around October 2012 when they purchased the home for $136,000. The home was an investment property. They had a contract, but it fell through. Vice Chair Cole noted he purchased the home in October 2012 and the pool was unsecured for 1.5 years, He thought they were very fortunate nothing happened. Motion Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $21,000, including administrative costs. The motion died for lack of a second. 3 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Chair Costantino noted the Board set a precedent on the swimming pools. The liens run with the property. A prior case involved a swimming pool and the Board reduced the fine to $65,000. She thought the Board should stay with the precedent. Chair Costantino liked $70,600. Z=- Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $70,600, including administrative costs. Ms. Yerzy seconded the motion that passed 4-1 (Ms. Carroll dissenting.) Chair Costantino explained the Respondent can appear before the City Commission to request a further reduction. Case No. 11-1835 Deutsche Bank National Trust Co. 3197 E. Palm Drive Ms. Springer presented the case. The notice of violation was sent on July 14, 2011, pertaining to registration of a foreclosure property and mowing and trimming. The case was heard on September 21, 2011, and no one appeared. The compliance date and fine set by the Board was October 1, 2011, or a fine of $150 a day would be incurred thereafter. The violations were corrected on February 25, 2013, having 512 days of non-compliance. The Respondent paid an outstanding water bill of $2,344.32. Ms. Springer was first contacted via email August 15, 2013, requesting a lien reduction inspection and they needed to replace the soffit and fascia, soffit screens and rear window, the window air conditioners, repair the gate on the north side in the front of the house, trim all overgrowth, sod the front yard, remove diamond mesh from the windows and weed or replace the driveway. The property was re-inspected on August 26, 2013, and passed. Don Clemens, 508 Harbour Road, North Palm Beach, the local contractor representing the AltiSource Property Preservation Division, had an affidavit authorizing him to speak on the Bank's behalf. Mr. Clemens, as the contractor, explained they took possession of the property in January 2013 and the yard was very overgrown. They trimmed the bushes and cleaned the yard shortly after taking possession. They secured the property, boarded broken windows and replaced the lock. They have been maintaining the property since then and the yard is mowed every two weeks. The property is under contract and the sale is pending the outcome of the lien reduction. When notified of the repairs needed for lien 0 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11-852 USA BANK NATIONAL ASSOC. TR. 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 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. 1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 1 The lien imposed by the Board on June 15, 2011, on the Property located at 729 Ocean Inlet Dr., Boynton Beach, Florida, with the legal description of: COQUINA COVE LT 9, according to the plat thereof as recorded in Plat Book 24, Page 14, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-22-06-000-0090 REDUCED TO $70,600.00. 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this (L:�, day of 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: CI L Y CLERK copies famished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent A 'Int Si'� 18 2013 1 ,- "" ' T , T ­ 1 , z - -i t " l"E C,lff' CULEKA, - OFF