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13-1049 - Bank of AmericaI D M ice Department "A CFA Accredited Low Enforcement Agency 1 00 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 -031 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Diuision Phone, (561) 742-6120 FA,': (5611742-6838 � 4 1 A 11 11 1 1 1 0 1 Re] Z N I ZYW ? 1. Lh I It fAlWh 14 & LoftefiR Z I Date: November 20, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #1 3-1049 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. Li 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". 1, , hereby request uest 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_ MIEETING MiNjUTES CODE COMPLIANCE SPECIAL MAGISTRATE HEARINGS BOYNTON BEACH, FLORIDA OCTOBER 15, 2014 stucco, replace rotted soffii, missing screens, remove fiash and debris, outside storage, repair the driveway and fence, repair or remove open electrical, obtain a permit for interior renovations and sod the bare areas on the front lawn and on the north side. Ms, Springer was contactod on September 22, 2014, for a re-inspection and the sod had not been installed. It was re-inspected on October 10, 2014, and the property was eligible for the lien reduction. Frandieu Nazaire explained he purchased the property from the bank in "as is" condition. He then learned there was a Code violation. It took him some time to fix the property because he h@d to get the money to hire q contractor and get the permit. He was happy everything was completed. He purchased the property In 2011 and the property had been vacant. Ms. Ellis requested clarific&tion why he could not meet the compliance deadline, Mr, Nazaire explained he had to hire an architect and licensed contractor. He spent more than $45K in repairs to the property, but he did not bring proof of the cost of the repairs. Decision Ms. Ellis tabled the case to the next moeting to allow Mr. Nazaire time to collect and ,r)rov;d3 to the City information on what was spent to improve the property. Gai�t; No. 13-104-C Bank of America 14 Las Islas Ms. Springer presented the case. The Notice of Violation was May 15, 2013. The case was heard on July 17, 2013, and no one appeared. The Respondent was to register as a foreclosed property, remove trash, debris and outside storage, maintain the yard, trim bushes, hedges and overgrowth, mow and weed, repair or replace open electric, r or torn screens, exterr ro& nts in and around the home and make the back porch and home sanitary. The compliance date and fine set was July 27, 2013, or a fine of $750 a day would be imposed thereafter. The violations were corrected on October 1, 2014, accruing -- fine of $322,500, plus adrnhilstrative costs of $634.12. In order to be eligible for lien reduction, the Respondent paid the water bill, Ms. Springer was contacted in July, but the case was not in compliance because the original violations were not addressed. In addition to those violations, the Respondent had to repair the fence, the gates had to self-latch and se the palm trees and other horticulture had to be trimmed, the sprinkler system had to be repaired and the front yard had to be sodded. The property was re-inspected on August 27, 2014, and the Code Off icer found the air conditioning and the pool pumps were installed without permits. The property was re- inspected on October 1, 2014, and all the violations were corrected and the permits E MEETING MiNUIVES CODE COMPLWNCE SPECIAL. MAGI Ti' HEARlNGS BOYNTON BEACH, FI-ORIDA OCTOBER' 15,2014 pulled and finalized. ME% Ellis inquired why the fine per day was so high, Ms.Springar explained there was a pool. Gyndi Michie, Nautica Realty, explained when Nautica received the property, the pool had a cover and That violation had already compliod, Ms. Michie received the property on April 23, 2014, and the home still had violations. There was no contract on the home &; the property was not on the :rnarket- There was about $32,000 worth of repairs inside the home in addition to the exterior. Ms. M chie had a list of planned interior improvements, which Ms. Ellis reviewed. The property was not on the market because the interior repairs were ongoing. She did not know the p rice of the home, but in 2013, the property was Valued at $200,000. Ms, Michie opined the property would sell for approximately $250,000. About $30,000 was spent on the repairs with $25,000 of the repairs to be paid through the bank. Ms. Michie had already paid $4,659 on her own. Ms. Springer had before and after photographs Ms. Ellis a,id Ms. I'viichie reviewed. Ms. ,M'chie opined the property may sel! 107 about $250,000, but it would not be rented. Decis�on Based on the testimony Ms, Ellis received an6 reviewed, end the Respondent was eligible for lien rf_ MZI, Ellis reduced thc; lien to $15,000 plus administrative costs of $634,12. Case No. 10-325 11 i 8 �,ffl. F ai C i v c 1 e Bank of New `(,ork hdallon Ms. Springer explained there were two liens on this property. The Notice of Violation was sent November 8, 9 010, to register a foreclosed property, The Respondent was to remove a bee hive and rn_7,in the exterior of the property and 6tructure. The case was heard on January 19, 2010, and no one appeared. 'The compliance date and fine was February 3, 2011, or a fine of $200 a day would be imposed thereafter. The violatlicns worn- corrected on August 21, 2014, accruing a fine ol' $258,800 plus adrni,�k_ costs of 4)634A2. In order to Le eligible for lien reduction, an outstanding water bill of nearly $2,000 was paid. The property was purchased in 1'i,pril 2014 from th Bank of New York Mellon, and Ms. Springer was first contacted by the current owner in May. Ms. Springer was contacted again an August 21, 2014, for a lie, i reduction. The violations were corrected, but the Dfficer found interior work was don: without a permit. T he permits have been pulled and inspected Abrz,iham Lee, beneficiary of the Trust that owns the property, explained the trust purchased the property and learned of soma violctions from the bank. Before they closed, they spoke whh the neighbors because the exterior was in rough shape and they wanted to address any concerns they had about the home. After they purchased tree homo, they addressed the roof and the landscaping immediately. The other repairs took 4.5 mon'hs c.nd involved removing a clumpster full of debris from the prior owner, 1 3 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. BANK OF AMERICA Despondent (s), CAS1? NO, I3 -1049 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on October 15, 2014, pursuant to Chapter Two, Article live 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 tieing otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Magistrate has subject matter of this cause and jurisdiction over the Despondent. 2. The Respondent has niet all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Magistrate on Jute 17, 2013 on the Property located at 14 Las Islas Boynton Beach, Florida, with the legal description of: DOS L LOT 14, according to the plat thereof as recorded in Plat Book 43, Page 24 through 28, of the Public Records of Palm Reach County, Florida, PCN: 08- 43- 45- 17- 01-000 -0140 is R DUCK -D TO 515,634.12, 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 lbr appeal under the Code has elapsed and if appealed is properly disposed by the City Commission, 7. €n 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 feather 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 tbisO day of t� 20IJ rol D. Ellis CODE COMPLIANCE :MAGISTRATE ATTEST: Cl Y CLERIC copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent °rte �_ 3 IT � CLER�:�'S OFFICE