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10-3262 - Deutsche Bank National Trust711 11111 11V 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 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 15, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3262 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: o 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) zi 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. j 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 Board Boynton Beach, FL March 19, 2014 they were requesting a reduction. They would go back to the contractor that did the work to hold them accountable. Stan Wachowski, property owner for the shopping center, explained it was a case of too many people involved. They notified the individuals handling the repair, and the matter fell through the cracks. The work was done by licensed personnel using local vendors. They learned of the outstanding lien while going through a refinance process. They contacted all the parties involved to get to the bottom of the matter. T -Mobile has been a tenant since the shopping center was built nearly 10 years ago. There was also some confusion about the type of permit to be pulled. There was no damage to the electrical, it was just the storefront. Given the testimony and there were issues, Ms. Ellis reduced the lien to $4K plus administrative costs of $634.12. Case No. 13-338 JP Morgan Chase Bank NA Property Address: 1802 Meadows Circle W, Violation(s): BBA FBC 2010 ED. 1051 Permit required for demolition. Red tagged.. Ms. Springer presented the case. The notice of violation was sent on March 6, 2013, for the above captioned violation which involved mold and drywall. The case was heard May 15, 2013. The compliance date and fine was May 26, 2013, or a fine of $500 per day would be imposed thereafter. The violations were corrected on November 21, 2013, having 179 days of non-compliance, and a total fine of $89,500 plus administrative fees. Ms. Springer was contacted in December, and at that time, the property met all the requirements for Hen reduction. Ryan Shirley, of Ronald R. Wolf and Associates for JP Morgan Chase, explained he was not given information about why a permit was not obtained, The Bank obtained the Certificate of Title on January 30, 2013 and came into compliance about 10 months after taking possession. The property is not under contract, but they want to sell it. The property is worth about $45K. Attorney Shirley did not have information about how much money was spent in repairs, but he agreed to provide it to Ms, Springer by the end of the week. Ms. Ellis explained she needed that information before making her decision. Ms, Ellis tabled the case to April 19, 2014, I1. Deutsche Bank National Trust 921 NW 3rd Street Meeting Minutes Code Compliance Board Boynton Beach, FL March 19, 2014 Vlolation(s): CO CH10 SEC 10,51.5 INC Property that is vacant or subject to a current notice of default must be registered with the City and maintained per City Code. Secure the property. Remove trash and debris and remove unknown tenant. Ms. Springer presented the case. The notice of violation was sent November 9, 2010, for the above captioned violations. The case was heard January 19, 2011. The compliance date and fine was January 29, 2011, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on March 18, 2014, having 1,143 4ays of noncompliance and a total fine of $1,143,000 plus administrative fees. Ms. Springer was contacted in September for a lien reduction inspection. The officer found the case had not complied. There was still trash and debris in the property. He also found other violations that needed to be taken care of, such as mowing, weeding and trimming, replacing rotten wood, remove bee infestation, replace missing windows, replace missing screens, pay an outstanding water bill, and registration of the foreclosure property. She was again contacted in October for a re -inspection and all the items remained outstanding. The Code Officer and Property Manager met onsite. The Code Officer provided a list and pointed out exactly what needed to be done. The Code Compliance office was again contacted in January, and some items remained. The property was inspected again on February 24th and still had items outstanding. On March 18, 2014, an inspection revealed the items were addressed and the case was eligible for a lien reduction, Ms. Springer had before and after photos she showed to the Respondent and Ms. Ellis. Amanda Glass, Sandals Realty Group, listing agent for the Bank, explained they obtained the property in September of last year, when it was just foreclosed. Their field services crew was sent to do the work. When she got involved around January, they had tried to fix' windows, but replaced them with hurricane impact windows. She retained a contractor, but the property was not in compliance. She met Officer Roy on site and got all the items on the list done in about 18 days. his. Glass explained she spent about $30K on the property and anticipated the service crew handled about $5,000. The violations were outstanding since 2010 and there were vagrants at the property. K�- Given the fact the Respondent spent a lot of money bringing the property into compliance and making it a marketable property with the hopes of getting it on the tax 12 Meeting Minutes 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: 121253; 10-540; 13-40 and 13-1923, Ms. Ellis agreed to the recommendation. Ms. Ellis recalled Case No. 11-890 Case No. 11-890 Bank of New York Mellon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH10 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 emails of the repairs that totaled about $45K,,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 lion to $1,000 plus administrative costs of $730.15, Case Noa 13-2351 Bank of New York Trust Property Address- 1411 NW 1,9{ Court Violation(s): CO CH15 SEC 15-120(D) INC CO CH 13 SEC 13-16 Apply for and pass inspection for the Business Tax Receipt. Re move 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, rioting 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. Ms. Ellis reviewed photographs. M CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 10-3262 DEUTSCHE BANK NATIONAL TRUST 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 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 January 19z 20)11_ on the Property located at 921 NW P St, Boynton Beach, Florida, with the legal description of-. CHERRY HILLS, BOYNTON LOTS 97 TO 98 INC., according to the plat thereof as recorded in Plat Book 4, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-14-000-0960 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 flu-ther 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. E AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 201 4�- ATTEST: TY CLERK copies furnished: [nd the City Commission Carol D. Ellis CODE COMPLIANCE MAGISTRATE