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10-1336 - Countrywide Home Loans ServiceDate: To: From RE: J Pollice Department "A CPA Accredited Law Enforcement Agency" 100 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 IzL4s 11 November 26, 2013 City Commission Code Compliance Division Code Compliance Case #10-1336 0 tA 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. 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. 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 , 20_ America's Gateway to the Gufstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2011 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 15, 2012, to the amount of $5,750 plus administrative costs of $634.12. Ms. Brenner explained that is the number of days Nautica Realty has had the listing. Vice Chair Cole seconded the motion that passed 4- 3. (Ms. Yerzy, Mr. Borrelli, Ms. Carroll and Mr. Cwynar dissented). Case No. 10-1336 Countrywide Home Loans Service 143 NW 14th Ave. Ms. Springer presented the case. The notice of violation was May 3, 2010 to mow overgrown yard areas and trim overgrown vegetation. The Code Compliance Board hearing was on July 21, 2010 and no one appeared. Compliance date and proposed fine set by the Board was July 31, 2010 or $50 a day. There was compliance on October 21, 2013 for 1,177 days of non-compliance at $50 a day for a total fine amount of $58,850 plus administrative costs of $730.15. Ms. Springer was first contacted in June 2013 to verify if the case complied and to have the lien reduction inspection. The case did not comply at the time and there was also a list of other things to be done for lien reduction including replace missing window, replace missing screens, repair rotted wood on fagade and string on the car port, repair sprinkler system, front gate, remove or replace fence of driveway and replace missing air conditioner compressor. The property passed inspection for code compliance and lien reduction on October 21, 2013. No taxes or water bills were outstanding. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was first received in May 2013 and they were not aware there was a lien dating back to 2010. When the inspectors came back to re -inspect the property, they gave the list of other issues. The fence was removed and all the windows in the back sunroom were replaced. The inspectors came out and said the fagade had to be repaired. This was done. When the inspectors came out to verify the work Ms. Michie was told about the air conditioner compressor. She was back and forth with the inspectors for this property about every two to three weeks several months. Whenever something needed to be done, it was done immediately. Each time the inspector came out he would find something else wrong. The total amount of repair work was approximately $5,900. All windows and screens were replaced, rotted wood was removed, sprinkler system was repaired, replaced missing sliding glass door, removed chain link fence around the house and someone went twice to trim the trees. When the inspectors went the first time they said it was fine and when they came back they said the trees had to be lower. This property is under contract and waiting to close. Mr. Borrelli asked Ms. Michie if she complied each time the inspectors told her something had to be repaired and Ms. im MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Michie replied she personally went to the property to meet the contractors to make sure things were done correctly. Chair Costantino asked Ms. Springer about the narrative which says an attorney representing Countrywide Home Loans appeared on September 15, 2010 at which time the case was tabled until October 20, 2010 to give them time to get some of the issues corrected. Ms. Springer said there was already a Board order but the fine was not certified. Chair Costantino continued on October 30, 2010 another attorney appeared which was when the fine was certified. Ms. Michie asked for the dates the attorney's appeared and Chair Costantino replied that on September 15, 2010 Ms. Joann Gallipault appeared representing Countrywide Home Loans and the case was tabled until October 20, 2010. On October 20, 2010 Mr. James Karat, attorney for Countrywide Home Loans, appeared and the fine was certified for $50 per day, Mr. Cwynar asked when Countrywide took title and Ms. Michie replied she received the listing on May 6, 2013. Ms. Brenner noted Bank of America received information on the violations and hearings and sent attorneys to represent them on two occasions. Ms. Michie commented when the Bank foreclosed on the home there was a tenant in the home and nothing can be done on an occupied home. On April 29, 2013 the Bank paid Ronnie Luke (the tenant) $2,900 to vacate the property. Ms. Brenner commented the Bank has a mortgagee clause allowing them to take care of the outside of the property such as lawn care. If there was someone in the property, it does not take over a year to evict them. Chair Costantino commented the backup material says as of May 25, 2010 the property is vacant and it was registered as of November 19, 2009. On May 23, 2010 a property manager was called and informed of the violations. Mr. Borrelli asked Ms. Michie how much the house is worth and she estimated $120,000. 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 July 21, 2010, to the amount of $2,730.15 including administrative costs. Ms. Yerzy seconded the motion that passed 6-1. (Mr. Cwynar dissenting). Case No. 11-2692 Citimortgage, Inc. 5 Baytree Circle Ms. Springer presented the case. The notice of violation was September 30, 2011 for a property in foreclosure must be registered, mow overgrown yard and trim overgrown vegetation. The Code Compliance hearing was January 18, 2012 and no one appeared. Compliance date and fine set by the Board was January 12, 2012 or $100 a 11 t Lem wall 0 1116YA911030 1] W.Tay-S a sm tj Is - CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. I0-1336 COUNTRYWIDE HOME LOANS SERVICE 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 October 23, 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 .,21,_20 on the Property located at 143 NW 14'b Ave., Boynton Beach, Florida, with the legal description of: ROLLING GREEN 2ND ADD LT 20 BLK 12, according to the plat thereof as recorded in Plat Book 24, Page 155, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-2103-012-0200 is REDUCED TO $2,730.15. 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. DO E AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this A day of 2013. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent NOV 1, 3 2013 Cffy CUM OFFICE Michele Costantino, Chairperson CODE COMPLIANCE BOARD