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11-890 - Bank of New York MellonPolice Department "A CFA Accredited Law Enforcement Agency" 1 00 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-031 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 RE: Code Compliance Case #11-890 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: Lj 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) �j 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. o The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 1, 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 Board Boynton Beach, FIL March 19, 2014 Ms, Springer was contacted in October 2013. The property was inspected and no violations were found. Only an outstanding water bill had to be paid, which was paid in October. Ms. Ellis noted the property complied in March and inquired why it took so long be eligible. Ms. Springer explained the Officer can verify compliance, but Code Compliance has contacted for a lien reduction by a realtor or bank/title company which did not occur until later. Nick Jackson, Exit Realty Global Group, explained the property was assigned to them in September 2013, and they took possession of the property in February 2014. The bank was unable to take possession earlier because the prior owners were litigating and then they put tenants in the premises. They spent approximately $20K on the property. They replaced the roof, most of the windows that were broken, the inside was gutted and items were stolen. The tenant left before the eviction was completed. They worked expeditiously to bring the property into compliance, which was now under contract with an owner who would occupy the home. The fine exceeds the value of the property. Mr. Jackson offered to email Ms. Ellis the list of expenses to bring the property up to Code. Ms. Springer had photographs the Respondent and Ms. Ellis viewed, The contract price was $95K. The property was in foreclosure in late December 2009 or 2010, and Fannie Mae was the lien holder. Based on the testimony of the Officer and Respondent and the evidence presented, Ms. Ellis reduced the lien to $3,500 plus the administrative costs of $634.12. Case No. 11-890 Bank of New York Mellon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH 10 SEC 20 -51.5 INC. Property that is vacant or subject to a current notice of default must be maintained per City Code. Secure property, Remove vehicles, trash and debris from the property. Ms. Springer presented the case as in the Notice of Violation. The case was heard on July 20, 2011, and no one appeared. The compliance date and fine was July 31, 2011, or a fine of $250 a day would be imposed thereafter. The violations were corrected on December 8 2011, having 129 days of non-compliance and a fine of $32,250 plus administrative fees. Ms. Springer was contacted in August for a lien reduction inspection; however, repairs to the rotted fence, broken shutters, windows and screens, missing soffit screens, doors and frames needed to be done as well as to trim overgrown hedges, mow grass, 0 Meeting Minutes Code Compliance Board Boynton Beach, FIL March 19, 2014 remove trash and debris, and repair and weed the driveway. A water bill of over $2,000 was outstanding as well as a municipal lien. The property was inspected in December 2013. Some items were corrected but it was learned permits were only pulled for two of the four windows that were replaced and a door. The property was re-inspected in January. The driveway needed to be replaced and they needed to paint and repair the stucco where the air conditioner was, the air conditioner condenser needed to be replaced and the front yard sodded. The items were all corrected and the property met all the requirements for the lien reduction. Sue King, Data Quick Title, 5629 Strand Boulevard, Naples, the authorized agent for the Bank, explained the property was a bank-owned foreclosure. They recorded the certificate of title on July 12, 2013. In 2012, the assessed value of the home was $31,455. This year the value is $41,966. The Bank invested $45,532 in the repairs and there were mold issues they addressed. She thought the repairs increased the value. Ms. King opined the home may sell for $45K to $50K and she offered to email a list of the repairs needed. Ms. Ellis agreed to recall the case pending receipt of the expenses, Ms. Springer presented the case. The Notice of Violation date was April 23, 2013, for the above captioned violations. The case was heard on June 19, 2013. The compliance date and fine was June 29, 2013, or a fine of $300 a day would be imposed thereafter.. The violations were corrected on January 21, 2014, having 205 days of non-compliance and a fine totaling $61,500 plus administrative fees. Rhonda Blanchard, Nationwide Security and Building Services in Southern California, the property repair and maintenance company for T-Mobile, explained there was an emergency at the location as a motorist drove through the front window. The firm contracts local contractors in the area to take care of the repairs. The company went to the site, gave a quote, made the repairs, but did not pull a permit. They received notification from T-Mobile that a notice was left at the site for non-compliance and not having a permit. They immediately applied to the City for the permits and submitted sketches. The permit process was a long process that started on April 15 th . They were notified on July 12 by T-Mobile about a hearing, which they interpreted to read T-Mobile would appear at the August 21 5 ' t hearing, while T-Mobile thought Nationwide Security and Building Services would appear. The permits were closed and Of Meeting el-.inutes Code Compliance Board Boynton Beach, FL March 19, 2014 roles as a productive property, and given the fact the Respondent came into the picture recently, Ms. Ellis reduced the lien to $2,500 plus administrative costs of $634.12. Ms. Springer recommended tabling the following cases: 12-1253; 10-540 13-40 and 13-1921 Ms. Ellis agreed to the recommendation, H4 E 1 a-07 1 M91 Case No. 11-890 Bank of New York Mellon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH1 0 SEC 20-51.5 INC. Property that is vacant or subject to a current notice of default must be maintained per City Code. Secure property, Remove vehicles, trash and debris from the property. Ms. King produced emalls of the repairs that totaled about $451 , which was more than the value of the home. Given the testimony by the Respondent and City and the evidence by the Respondent, Ms. Ellis reduced the lien to $1,000 plus administrative costs of $730.13. Case No. 13-2351 Bank of New York Trust Property Address: 1411 NW 1 5t Court Violation(s): CO CH15 SEC 15-1200) INC CO CH 13 SEC 1316 Apply for and pass inspection for the Business Tax Receipt. Remove inoperable vehicles, trash and debris from the property. Officer Lewis presented the case which was previously tabled. The case arose from a routine inspection. The initial inspection date was October 25, 2013, noting the above captioned violations. The Respondent was not a routine violator. Written notice gave 15 days to correct the violations. The property was posted on February 24, 2014, and staff recommended 10 days be given to correct the violations. ME=* W CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. BANK OF NEW YORK MELLON Respondent(s). CASE NO. 11-890 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on March 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 July 20, 2011 on the Property located at 2100 N. Seacrest Blvd., Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 11T ADD LT 31 BLK 28, according to the plat thereof as recorded in Plat Book 24, Page 223 through 226, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-16-01-028-0310 is REDUCED TO $1,730.15. 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 farther 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. ONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 20 ----------- —,-- A Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: Cl CLERK copies furnished: P—o—Ne Ma and the City CornMi.vzinn City Attorney City Clerk Respondent