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13-925 - Bank of AmericaWAU 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: (567) 742-6120 FAX; (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: June 25, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-925 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) 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, 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 , 20_ 1410, Iz. N L*Xd g a Eel i " I : 1: r- I" a omm 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): CH10 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 BAC 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 MAY 21, 2014 Based on the testimony of the City and of the Respondent, Ms. Ellis approved the lien reduction to administrative fees of $634,12. Case No. 11-33 Suntrust Mortgage, Inc. Property Address: 412 SW 10 Avenue Violation(s): CHIO SEC. 10-51.5 INC. Property in foreclosure must be registered. Secure property. Remove trash and debris. Ms. Springer presented this case. Notice of Violation was sent on January 5, 2011. This case came before the Board on February 16, 2011 and no one appeared. The compliance date set by the Board was February 23, 2011 or a fine of $1,000 per day. The date of compliance was January 29, 2014 for 1,070 days of non-compliance. The fine totals $1,000,070 with administrative fees of $634.12. There were two outstanding municipal liens. The property was inspected in January 2014 for compliance and lien reduction. Most violations were resolved, but the following needed to be done for lien reduction: • Pressure clean mold from roof, shutters and house • Replace missing jolice window glass • Repair the roof • Repair the fagade • Put a soffit on the west side • Replace gutters • Repair deck in the rear and pressure clean • Remove dilapidated shed • Remove old wood fence on the east side • Replace air conditioning condenser The roof was completed on May 7, 2014 and the case qualified for lien reduction at that time. Ms. Ellis inquired why the daily fine was so high at $1,000. Ms. Springer replied the property was not secured. Cyndi Michie of Nautica Realty explained the lien that was put on the property was from the previous owners. Nautica Realty received the property in June 2013 at which time it was registered. The property was secured and the overgrowth mowed at that time as well, 15 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 13 -925 BAND OF AMERICA Respondent's). LIED' MODIFICATION ORDER. THIS CAUSE 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: I. This Magistrate has subject matter jurisdiction ofthis 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 June 19, 2013 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 BLK 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 $634.12. The City shall prepare a release and satisfaction consistent with this Order. 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 Redaction 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 day of 2014. r Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: