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12-1683 - Wells Fargo Bank011 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: August 5,2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12-1683 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: 71 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) o Said review must occur within thirty (30) days of the request for review. Ei 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. Lj The City Commission shall direct staff to take action consistent with their review of the "Lien Modification Order". 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 COMPLIANCEILIEN REDUCTION BOYNTON BEACH, FLORIDA JUNE 18,201 were going to college, The Property Appraiser said they could not update his address until the Tax Collector updated their records which is done once a year. 1, Ms. Ellis certified the fine and advised he could apply for a lien reduction, Officer Pierre presented the case. The case was heard April 16, 2014, and no one appeared. The compliance date and fine was April 26, 2014 and a fine of $50 a day. The violation still exists having 52 days of non-compliance a fine of $386.12, The Respondent was to apply for and pass inspection for a Business Tax Receipt for a rental property, Mr. Garret advised he will follow up and confirm an application was submitted and schedule an inspection. I Ms. Ellis certified the fine, Case No. 14-184 IH2 PROPERTY FLORIDA LP 2640 SW W" Street Officer Pierre presented the case which pertained to applying and passing inspection for a Business Tax Receipt for rental property. The case was heard on April 16, 2014, and the date and fine set was April 26, 2014, or a fine of $50 a day thereafter. The violation still exists having 16 days of non-compliance. The inspection and affidavit filing fees were $634.12 Mr. Garrett agreed to follow up on the status of the Business Tax Receipt and the inspection. I Ms, Ellis certified the fine. Wells Fargo Bank 261 N. Atlantic Drive Ms. Springer presented the case. The Notice of Violation was August 28, 2012, regarding registration of a foreclosed property. The Respondent was to repair the roof and ceiling, windows and doors, front and rear screen windows and doors, obtain a permit for the pool fence, and the Respondent was to fix the light fixtures and obtain a 27 MEETING MINUTES CODE COMPLIANCE/LIEN REDUCTION BOYNTON BEACH, FLORIDA JUNE 18, 2014 permit for the new windows. The case was heard on October 17, 2012 and no one appeared. The compliance date and fine was October 27, 2014, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on March 13, 2014, having 501 days of non-compliance. There were four inspections and an administrative fee of $634.12. The total fine was $501 thousand. There was an outstanding water bill of $133.66 paid and on May 22, 2012, the building was placarded as unsafe. The owner was originally cited and when it fell into foreclosure, staff closed the case and cited Wells Fargo. In June 2013, Ms. Springer received a letter from a title company requesting a lien reduction inspection. Ms. Springer gave them a list of items to repaiar. She was contacted in September by a realtor and she gave him the same information. She was again contacted in December 2010 by Sue King, who advised her the building was in such disrepair, the bank demolished it and the permit was finalled on March '13, 2014, The property was now in compliance Sue King, Data Quick Title, 5629 Strand Boulevard, Naples, explained Wells Fargo took certificate of title on March 25, 2013, At first, it looked like mold issues to be addressed with others. Finally through several contacts with Code, Compliance, the asset manager thought the best solution was demolition. She spent about $8K before demolition and about $13,495 for the demolition. The foreclosed amount was $59,881. Given the testimony by the Respondent and the City, and given the City has confirmed the Respondent is eligible for lien reduction, Ms. Ellis reduced the lien to $3,500, plus administrative costs of $634.12. Case No, 13-147 Dalland Properties 37 NE 11th Avenue Ms. Springer presented the case. The Notice of Violation was issued on January 30, 2013 for a deteriorated fence and trash. The case was heard on May 15, 2013, and no one appeared. The compliance date and fine was May 25, 2013 or a $500 a day fine. The violations were corrected on December 20, 2013, having 198 days, a fine of $99K. and administrative fees of $634012, There were outstanding property taxes and water bills of about $6,00 that had to be paid to be eligible for lien reduction. She was contacted in January and advised they had to secure the building, replace the windows and screens, repair or replace rotted fascia, replace the missing air conditioning compressor, repair the sprinkler system, trim hedges, mow overgrowth and remove debris from the front yard. In February, most violations still existed. The property was inspected April, 301h and there were still violations remaining. The property was inspected on May 22, 2014, and the violations were corrected, Bernadine Jones, Dalland Propertfies, explained Dalland Properties previously had very poor property management. Dalland has hundreds of properties in Palm Beach CITY OF BOYNTON BEACH Petitioner, vs. WELLS FARGO BANK Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 12-1683 LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on June 18, 20.1,4 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 specifir, 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 October 17, 2012 on the Property located at 261 M Atlantic Dr., Boynton Beach, Florida, with the legal description of. ROLLING GREEN RIDGE LT 6 BLK 4, according to the plat thereof as recorded in Plat Book 24, Page 124, of the Public Records of Palm Beach County, Florida, PCN- 08-43-45-09-12-004-0060 is REDUCED TO $4,134.12. 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 of 20 e Caf-- ol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: C Y CLERK ; furnished: COP es Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILED