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12-448 - BAC Home Loans Servicing LPr g. POLIO -4 4 O z Code Compliance Phone: (561) 742-6120 Fax: (561) 742-6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From: RE: October 1, 2013 City Commission Is - foun=- Code Compliance Case #12-448 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. 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 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL__ AUGUST 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 Toices 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. L =. 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 TolGes 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. P MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Ms. Springer was first contacted on August 1, 2013. The property was inspected and there were torn window screens, torn screens on the screen room that needed to be replaced, and the fence needed to be propped on the north and south sides. Compliance was verified yesterday and there were no outstanding water bills or taxes that had to be paid. Cyndi Michie, 1200 S. Federal Highway, Boynton Beach, and realtor for Nautica Realty, was maintaining the home for the Respondent, and explained they still own the property. When she contacted Ms. Springer, the title company said there was a violation on the property dating back to 2012. Nautica. Realty got the property in May 2013. Ms. Michie learned of the property on May 1st, and had the window and overgrowth addressed. She requested a re-inspection and learned the screens in the back needed replacing as well as a broken window. Yesterday, the property passed inspection and Ms. Michie explained they spent about $1,000 on all violations. The property was originally registered on January 30, 2012, and re-registered on May 30th. BAC home loan servicing registered the property, but mail was sent to BAC in care of the Florida Default Group. The home does not have a contract on it at this time. Ms. Springer had photographs of the repairs she distributed to the Board. Motion 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 July 18, 2012, to an amount of $8,730.15, including administrative costs. Vice Chair Cole seconded the motion that unanimously passed. Case No. 12-1107 Mohammad Kibria & Farhan Newaz 21 Hawthorne Lane Ms. Springer presented the case. The notice of violation was June 14, 2012, pertaining to repairing a screen room, roof, and replace screening. Windows, window screens, and door handles needed to be replaced and pavers repaired. The case was heard August 15, 2012, and no one appeared. The compliance date and fine set by the Board was August 25, 2012, or a fine of $200 per day would be incurred thereafter. The violations were corrected on August 21, 2013, having 360 days of non-compliance. A water bill of $59.51 dollars was paid and the property was inspected on August 21, 2013, and passed. Nothing remained to be done. .1 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 12-448 BAC HOME LOANS SERVICING LP 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 July 18, 2012, on the Property located at 8049 Stimm CU Ct., Boynton Beach, Florida, with the legal description of: NAUTICA PL I LT 49, according to the plat thereof as recorded in Plat Book 74, Page 170, of the Public Records of Palm Beach County, Florida, PCN: 08-42-45-13-14-000-0490 REDUCED T 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. T 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 pen regarding lien reduction. ON AND ORDERED after bearing at City of Boynton Beach, Palm Beach County, Florida this/ /,/ day of 2013. Mich le Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: J CIYCLE!RK k copies famished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent S SEP 18 2.41M CITY CLERK'S OF.1