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13-252 - Citimortgage IncFOLI 0 z 0 Code Comptiance Phone. (561) 742-6120 Fax: (561) 742-6383 IN41WOROM111CI i I - '' k I I Date: To: From RE: November 26, 2013 City Commission Code Compliance Division Code Compliance Case #13-252 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) u 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. 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 Gtqstream MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 day. The date compliance was March 26, 2012 for 57 days of non-compliance at $100 a day for a total fine amount of $5,700 plus administrative costs of $634.12. Ms. Springer was contacted by Mr. Bronfield, Attorney for Citimortgage. A lien reduction inspection on August 20, 2013 showed a list of violations to be corrected including remove the outside storage in the rear of the property, trim hedges in the rear of the property, repair the gates in the front and side, trim palms, remove horticultural debris, replace screens on front porch and repair wood on door front. After re-inspection the property passed. There was an outstanding water bill of $60. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained her office received the property on August 20, 2013 and was notified on August 20 of the violations that needed to be corrected. The Bank approved the work and everything was finalized on October 21, 2013. The Bank has done approximately $9,800 worth of work to the property since August 2013. Vice Chair Cole asked if the property was under contract and how much the house was worth. Ms. Michie responded the property is under contract but could not say how much the house is worth. Mr. Borrelli asked where the home is located and Ms. Michie responded Bay Tree Circle in the Meadows. 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, Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 18, 2012, to the amount of $1,634.12 including administrative costs. Mr. Borrelli seconded the motion that unanimously passed. Case No. 13-252 Citimortgage, Inc. 5 Baytree Circle Ms. Springer presented the case. The notice of violation was February 20, because property in foreclosure must be registered and secure the property. The Code Compliance Board hearing was April 17, 2013 and no one appeared. Compliance date and fine set by the Board was April 27, 2013 or $300 a day. The compliance date was June 14, 2013 for 47 days of non-compliance at $300 a day for a total fine amount of $14,100 plus administrative costs of $634.12. The registration should not have been cited. Ms. Springer advised when the Code Officer looked up the address in FPRC it listed all addresses in Baytree Circle with a 5 in the address. They scrolled down and did not see the address; however, there was a second page they did not see where it showed the property was registered on January 28, 2013 which was one month before the case began. The only violation now is for securing the property. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was received by Nautica Realty on August 20, 2013 and was secured at that time. Ms. 12 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION POYNTON BEACH, FLORIDA OCTOBER 23, 2013 Michie did not know what transpired prior to her company taking it over. Ms. Springer commented the garage door on the property was not completely closed, Ms. Springer had pictures which she showed to the Respondent and the Board. Mr. Cwynar asked Ms. Springer how the officers are interpreting the codes when it says; "should" or "shall". Ms. Springer did not understand the question and Mr. Cwynar stated there is a difference in construction. 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 April 27, 2013, to the amount of $634.12 administrative costs. Vice Chair Cole seconded the motion that passed 6-1. (Mr. Cwynar dissenting). Case No. 09-2812 James J. Heneghan 1812 Meadows Circle W. Ms. Springer presented the case. The notice of violation was August 27, 2009 for Business Tax Receipt required. The Code Compliance Board hearing was November 18, 2009 and no one appeared. Compliance date and fine set by the Board was December 18, 2009 or $100 a day. The compliance date was August 23, 2013 for 1,348 days of non-compliance at $100 a day for a total fine amount of $134,800 plus administrative costs of $634.12. Ms. Springer was contacted in August by Mr. Heneghan. The lien was discovered because he was selling other properties. The owner was cited on August 27, 2009 for the lack of a Business Tax Receipt for the rental property. The application was made on November 24, 2009. Mr. Heneghan contacted the office and was advised he did not have a Business Tax Receipt because the property was never inspected. He was contacted by Business Tax Receipt and was advised he had to pay the back years from 2009-2014 before he could get the Business Tax Receipt. Mr. Heneghan paid and passed the inspection on August 23, 2013, There was an outstanding water bill of approximately $160 that had to be paid. Adam R. Seligman 4420 Beacon Circle, West Palm Beach was the Attorney representing Mr. Heneghan. After reviewing the case it appeared the property was purchased by Mr. Heneghan as a foreclosure from a bank. The wrong address was put on the deed which is what the County and City were using for correspondence and Mr. Heneghan did not get most of them. Instead of Woodlawn Avenue it was written as Woodland Avenue on the deed. Mr. Heneghan did not receive any notices of this issue. A title search was done in August which was when Mr. Heneghan was made aware and immediately contacted Ms. Springer to make payment. Mr. Seilgman stated Mr. Heneghan paid the back taxes, utility bills and anything else that was outstanding. The property is under contract which was supposed to close last month but has been 13 1 0 0013 MISS 111 .11 • 1 , . it CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 13-252 CITIMORTGAGE INC. 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 Awil 17, 2013 on the Property located at 5 Ba_yt[ee Cir., Boynton Beach, Florida, with the legal description of MEADOWS 300 PLAT NO I LT 5 BLK B, according to the plat thereof as recorded in Plat Book 43, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-01-002-0050 is REDUCED TO $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, �4 DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this Aday of 02 ,2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent NOV 13 2013