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12-988 - Bank of America National AssocPolice Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 ,Jeffrey Katz Chief of Police Code Compliance Division Phone, (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 15, 2014 To: City Commission From: Code Compliance Division RIE: Code Compliance Case #12-988 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. Lj 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. o 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 20_ Meeting Minutes Cwde C*;FAp.I1-?.nce Soynton Beach, FL, Case No. 13-11 E & A Sunshine, LLC Property Address: 520 E. Woolbright Road BBA FBC 2010 ED. 105,1 Permits required for interior remodel (wall, ceiling and electrical) Ms. Springer presented the case as in the notice of violation sent on January 4, 2013. This case came before the Board on June 19, 2013 and no one appeared. The compliance date proposed by the Board was July 4, 2013 or a fine of $150 per day. Case complied on October 9, 2013 at 96 days of non-compliance for a fine of $14,400 plus $1,018,24 in administrative fees for eight inspections that were done. Ms. Springer was contacted in October 2013 for the first time and the owners were applying for the necessary permits. Ms. Springer explained once the permits were obtained the case would comply but a lien reduction could not go forward until the permits were finalized. The permits were finalized on January 21, 2014, Hanna Turner, Regional Property Manager for Edens, Owner of E & A Sunshine, and Renata Venswil, tenant of dry cleaners on the property appeared for the case, Ms. Turner stated they are requesting a lien reduction. Once the owner was contacted Ms, Turner reached out to the City with the general contractor and the tenant to start obtaining the permits needed to remove the citation and resolve the violation. Ms. Ellis inquired as to the status of the construction and Ms. Turner replied everything has been completed. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $2,500 plus administrative fees of $1,018.24 for a total fee of $3,518.24. Case No. 12-988 Bank of America National Association Property Address- 2651 NW 2nd Street CH10 SEC. 10-51,5 INC. Property in foreclosure must be registered. Mow overgrown yard, trim overgrown vegetation, and secure all doors and windows, Ms. Springer presented the case as in the notice of violation was sent on May 25, 2012, This case came before the Board on August 15, 2012 and no one appeared. The compliance date proposed by the Board was August 25, 2012 or a fine of $250 per day. Case complied on November 7, 2012 at 19 days of non-compliance for a fine of $4,750 plus $634.12 in administrative fees. 15 Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL. February 19, 2014 There was an outstanding water bill of $1,130 and two municipal liens that had to be paid. This case, and Case Number 12-1415, also owned by Bank of American National Association, came into compliance when the City abated the nuisance. The municipal liens were paid. Ms, Springer was contacted by a realtor and the list of violations was sent. The window screens and slider had to be replaced, the air conditioner condenser replaced, repair open electrical in the rear, repair gates on the fence and replace the mail box. On August 7th 2012 a title company contacted Ms. Springer and the same list of violations were given. The title company contacted Ms. Springer again on September 11, 2012 and confirmed the violations still existed. The Compliance Officer found new windows were installed without permits. Ms. Springer was contacted again in November 2012 by Mr. Johnny Marcandy at which time the property was re -inspected and confirmed the violations still existed. It was again inspected on January 31, 2014, passed inspection and all permits were issued and finalized, Mr. Marcandy purchased the property from the Bank and was aware there were liens on the property. Johnny Marcandy explained he bought the house through an auction and was not aware of any liens on the property but was told he would lose his money if he did not buy it, Mr. Marcandy is requesting a lien reduction. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $1,500 plus administrative fees of $634.12 for a total of $2,134,12. Case No. 12-1415 Bank of America National Association Property Address: 2651 NW 2 d Street CH10 SEC. 10-56 (D) Secure building. Ms. Springer presented the case as in the notice of violation was sent on July 27, 2012. This case came before the Board on September 19, 2012 at which time Tammy Calderon appeared. The compliance date proposed by the Board was September 26, 2012 or a fine of $500 per day. Case complied on November 7, 2012 at 41 days of non- compliance for a fine of $20,500 plus $634.12 in administrative fees- The violation was secured by the City and the municipal lien was paid in full. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $2,500 plus administrative fees of $634.12 for a total fee of $3,134,12. IT01 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 12-988 BANK OF AMERICA NATIONAL ASSOC. Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 19, 2014, pursuant to Chapter Two, Ai,2014 -ticle Five of the City Code of Ordinances. The Magistrate having considered the application, all the facts regarding the specific code or codes the appealing parry was in violation of, the date of the original Magistrate 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 Magistrate 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 Magistrate on August 15,..2012 on the Property located at 2651 NW 2nd St- Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 1 ST ADD LT 25 BLK 21„ according to the plat thereof as recorded in Plat Book 24, Page 223, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-16-01-021-0250 is REDUCED TO $2,134,12, 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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien reduction. DONEA ND ORDERED after hearing at City Of Boynton Beach, Palm Beach County, Florida this -LV day of 20�q copies furnished: Honorable Mayor and the City Commission City Attorney FILED City Clerk Respondent MAR 12 201i1 CITY CLERK'S OFFICE kj- Carol D. Ellis CODE COMPLIANCE MAGISTRATE