12-1415 - Bank of America National AssocT
Police 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
Date: April 15, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-1415
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.
j 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.
❑ 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
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 Arnerican 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. His 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 2nd Street
CH 10 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.
E
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.
in
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 12-1415
BANK OF AMERICA
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, Article Five of the City Code of Ordinances.
The Magistrate 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 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 September,19, 2012 on the Property located at 2651 NW 2"d St.,
Boynton Beach, Florida, with the legal description of.
ROLLING GREEN RIDGE IST 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 $3,134.12.
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.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this �Sday of
120
...... ... ..
Car". Ellis
CODE COMPLIANCE MAGISTRATE
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
Respondent
MAR 1 2 2014