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11-1835 - Deutsche Bank national Trust Co0 4 z 0 RUT. IU 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 #11-1835 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: u 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. D 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 .1 2011. America's Gateway to the Gulfstream 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. 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 2 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AU 28,_ 2013 . reduction, they immediately complied. The fascia was repaired, the diamond screens were removed, windows and sod were installed, and house and mailbox numbers were installed. Mr. Clemens had before and after photographs which he showed to the Board. He had no idea whether the property would be an investment property. He estimated the repairs were $5,000 to $10,000. They have a contract, but he did not know for how much as he is strictly in property preservation. Currently, the property is secured. 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 September 21, 2011, to an amount of $14,634.12, including administrative costs. Vice Chair Cole seconded the motion that failed 3-2 (Ms. Carroll and Mr, Borelli dissenting.) Attorney Tolces explained the motion failed. A quorum must be present and the majority of the entire Board must vote in the affirmative. The Board is a seven-member Board and has one vacancy. Even with six members, the majority was more than three. t`, 11 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. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 21, 2011, to an amount of $10,634.12 including administrative costs. Mr. Borelli seconded the motion that passed 4-1 (Ms. Yerzy dissenting.) Mr. Borelli inquired whether the Board considers, when imposing a stiff fine, that it would prevent a resale and make the property unsellable. Attorney Tolces explained the Board is to look at what efforts were made to comply, the severity of the violations and the fact the property is in compliance. What happens to the property should not be part of the Board's concern. Case No. 12-448 BAC Home Loans Servicing LP 8049 Stirrup Cay Ct. Ms. Springer presented the case. The notice of violation was March 14, 2012, to mow, weed and trim overgrowth and replace the broken window by the front door. The case was heard on July 28, 2012, and no one appeared. The compliance date and fine set by the Board was July 25, 2012, or a fine of $500 per day would be incurred thereafter. The violations were corrected on August 5, 2013, having 375 days of non-compliance, •11 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 11 -1835 DEUTSCHE BANK NATIONAL TRUST CO. 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, 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 3197 E. Palm Dr„ Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE LT 12 BLK 2, according to the plat thereof as recorded in Plat Book 24, Page 124, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 09 -12- 002 -0120 REDUCED TO $10,634.12. 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. ATTEST: CIT CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerks p Respondent NLn SEA 1 8 213 CITY C-LERNS O