11-52 - BAC Home Loans ServicingPolice Department
"A CFA Accredited Law Erif6rcement 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: f561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: June 25, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11-52
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)
j 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.
u 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 12o_
1 -i• Ng 0 1901 1 "M ZED@: Mal
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Derogatis is requesting a lien reduction of the fines accrued by the previous owner. Ms.
Ellis inquired of the cost for the repairs. Mr. Derogatis replied the windows and doors
were approximately $12,000, the paint, man hours and air conditioning system was $3-
4,000 per unit. The water bills for all of the units were also paid which totaled
approximately $3,000. There were also two municipal liens for mowing and board up at
a cost of $2,600.
Decision
Based on the testimony of the City and the Respondent, Ms. Ellis approved the lien
reduction to $1,000 plus administrative fees of $634.12 for a total of $1,634.12.
Case No. 11-2869 Raymond & Linda Avallone
Property Address: 3210 SE 2 Street
Violation(s): CH 10 SEC, 10-56 (D)
Secure all openings to prevent unauthorized
individuals from entering the building,
Ms. Springer presented the case, The Notice of Violation was sent on October 17,
201 This case came before the Board on December 21, 2011 and no one appeared.
Compliance date set by the Board was December 31, 2011 or a fine of $200 per day.
The property came into compliance on February 27, 2012 when the City had a
contractor board up the building. There were 57 days of non-compliance for lien
amount of $11,400 and four inspections at $634.12.
Daniel Derogatis, 3210 SE 2 "d Street, the new owner, explained this is the same case
as previously discussed and the same information applies to this case.
F*1 Mel
Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien
reduction to $1,000 plus administrative fees of $634.12 for a total of $1,634.12.
Case No. 11-52 BAC Home Loans Servicing
Property Address. 437 SW 1 0 th Avenue
Violation(s): CH10 SEC. 10-51.5 INC.
Property foreclosure must be registered.
Repair fence. Mow, weed and trim overgrowth.
Ms. Springer presented the case, The Notice of Violation was sent on January 7, 201
This case came before the Board on March 16, 2011 and no one appeared. The
compliance date set by the Board was March 26, 201 or a fine of $100 per day. This
case complied on March 5, 2014 for 1 ,074 days of non-compliance. The total amount of
the fine is $107,400 with administrative fees of $634.12,
13
MAY 21, 2014
Ms. Springer was originally contacted in October 2013 by Safeguard Properties
requesting an inspection for compliance and lien reduction. After the original inspection
the overgrowth and trimming violations still existed and the property had not been
registered. Ms. Springer was contacted again in January 2014 and the overgrowth
violation was satisfied, but the fence repair and registration still existed. Other violations
included trimming the palm trees, replace missing window screens, pressure clean
wood deck, remove the wood from the old deck, repair the gutter on the west side and
secure the gate on the east side. (A permit for the air conditioning was applied for
which was needed to appear today.) There was an outstanding water bill of $3,000 to
be paid.
Cyndi Michie of Nautica Realty, stated her agency received the property in November
2013. All violations were corrected by February 2014 with the exception of the air
conditioner which was awaiting approval, but has since been approved. The property is
under contract and Ms. Michie is requesting a lien reduction.
Ms. Ellis inquired if there was any evidence to show what cost has been incurred to
renovate the property. Ms. Michie responded approximately $7,000 was spent to bring
the property into compliance.
Decision
Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien
reduction to $3,500 plus administrative fees of $634.12 for a total of $4,134.12,
Case No. 13-925 Bank of America
Property Address: 437 SW 10 Avenue
Violation(s): CH1 0 SEC. 10 -51.5 INC
Mow overgrown yard. Trim hedges, Remove or
replace fence.
Ms. Springer presented this case. The notice of violation was sent on May 1, 2013.
This case came before the Board on June 19, 2013 and no one appeared. The
compliance date set by the Board was July 4, 2013 or a fine of $250 per day, The
property was in compliance on March 5, 2014 for 243 days of non-compliance. Total
amount of the fine was $60,750 and administrative costs of $634.12. The violations are
the same as the previous case (11-52) because it was cited under BAG Home Loans
and then transferred to Bank of America.
Cyndi Michie of Nautica Realty, stated this is the same property with the same
explanation.
14
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 1 I -52
BAC HOME LOANS SERVICING
Respondent's).
LIEN MODIFICA'T'ION ORDER
THIS C 4 XSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on May 21, 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 March 16, 2411 on the Property located at 437 SW 10` Ave.,
Boynton Beach, Florida, with the legal description of:
BELLAMY HEIGHTS W 22 FT OF LT 9 & E 35 FT OF LT 10 BLIP 9, according to the plat thereof as recorded in Plat
Book 13, Page 62, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -28 -16 -009 -0091 is REDUCED TO S4 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 1 day of
2014..
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
JUN 23 201
CITY