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12-100 BAC Home Loans Servicing LP - 2nd OrderM Police Department "A GFA Accredited Law Enforcement Agency 100 E. Boynton Beach Bouleuard Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: 1561) 742-6120 FAK: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #12100 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 00107, 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) Li Said review must occur within thirty (30) days of the request for review. ❑ 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. ❑ 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 120 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 Case No. 11-1829 AmTrust Bank 3220 E. Palm Diane Springer, Code Compliance Manager, presented the case, The Notice of Violation was sent on July 14, 2013, regarding foreclosure property registration and mowing. The case was heard on September 21, 2011, and no one appeared. The compliance date and fine was October 1, 2011, or a fine of $150 a day would be imposed thereafter. The violations were corrected on November 1, 2012, accruing a total fine of $59,400 plus administrative costs. Ms. Springer was contacted by an attorney in August 2014, for a lien reduction inspection and on August 22, 2014, she provided him a list of items that needed to be addressed. In January 2015, she was again contacted for a re -inspection. All the violations were corrected but there was an outstanding water bill for $331.24 which was later paid Attorney Sandy Teixeso, representing the Respondent, requested a lien reduction. She explained it was a foreclosure which commenced in October 2010. The residence was previously occupied. She understood the property was not registered which explained why it was not in compliance for so long. AmTrust Bank was a failed bank and there was loan servicer change. When the new bank took over, they paid the registration fee on April 19, 2012. She requested a fee reduction. The total fine was over $59,400 and she advised title was not issued until June 2014. Motion Based on the testimony, Ms. Ellis reduced the lien to $3,000 plus the $634.12 in administrative costs. Case No. 12-100 BAC Home Loans Servicina LP 80 Baytree Circle Ms. Springer presented the case. The Notice of Violation was January 24, 2012, which pertained to foreclosed property registration and building repairs. The case was heard on April 18, 2012, and Mr. Hyman appeared, There were two orders issued: one to secure the property and register it by May 3, 2012, or a fine of $150 a day would be imposed thereafter, and the second order was to correct the remaining violations by June 17, 2012, or a fine of $500 a day would be imposed thereafter. The violations were corrected by February 18, 2015. The first order was out of compliance for 1,020 days having a total fine of $150,000 and second order was out of compliance for 975 days at $500 a day totaling a fine of $487,500 plus administrative costs $730.15. Ms. Springer was contacted in 2012 for an inspection and none of the violations were corrected. She sent photos to the person who requested the inspection. She was contacted again in March 2014 and a partial list of violations was provided but the Respondent could not gain access to the rear yard. When contacted in February 2015, the property was inspected and all complied. There was a water bill that was paid 13 Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2015 Joseph Hyman, representing Cory Edwards, the listing agent for Keller Williams who had the property for about a year, was present. All had complied and they want to proceed with closings. He requested a reduction and announced they have a buyer. The purchase price was unknown and Bank of America was still the owner. He did not know how much was spent in repairs. The inside was remodeled and the outside had work done. Ms. Springer had photographs she showed to the Respondent and Ms. Ellis. Mr. Hyman advised his boss was aware of the fine, Decision Based orn the testimony and what was presented Ms. Ellis reduced the liens. Each lien would be $5,000 plus the administrative costs. Case No. 14-1424 Fetlar LLC 2084 SW 13th Terrace Ms. Springer presented the case. The Notice of Violation was sent on June 12, 2014, regarding a Business Tax Receipt inspection. The case was heard on August 20, 2014, Krishwa Ramnanan appeared and the compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on February 12, 2015, having 17 days of non-compliance at $600 a day, for a total fine of $85,000 plus $634.12 in administrative fees. Ms. Springer was contacted in February for a lien reduction inspection. No violations were found and there was only a $27 water bill that had to be paid. Leai Boggs, Code Compliance Director, for Fetlar, explained when they appeared in August, they applied for the Business Tax Receipt, but the property was occupied. There was air conditioning that needed to be finalized. Ms. Springer explained they ascertained there was an air conditioner that was installed without a permit. They had to obtain the permit and have the permit finalized before the Business Tax Receipt inspection couid occur. Ms. Boggs explained with an occupied home, they had to contact the tenant and coordinate with the Code Officer. The holidays also delayed the m atter. Based on the testimony given, Ms. Ellis reduced the $85,000 fine to $15,000 plus administrative fees of $634.12. Case No. 10-3323 Bank of New York I Cambridge Place Ms. Springer presented the case. The Notice of Violation was sent November 19, 2010, regarding a fence repair. The case was heard on January 19, 2011, and no one appeared. The compliance date and fine was January 29, 2011, or a fine of a $150 would be imposed thereafter. The violations were corrected on November 24, 2011, M, CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASENO, 12-100 BAC HOMFS LOANS SERVICING LP Respendent(s), 2N11 IJEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application Cor lien reduction on March 18, 2015, pursuant to Chapter Two, Article Five of the City Code of Ordinances. Thu NlagiStTUCC 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 HMOUTu 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 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 den imposed by the Magistrate on April 18, 2012 an the Property located at 80 Baytree Cir., Boynton Beach, Florida, with the legal description of: MEADOWS 300 PL NO I LT 80 BLK B, according to the plat thereof as recorded in Plat Book 43, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-01-002-0800 is REDUCED TO $5,730-15. 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 r]1181 Until the time period for appeal under the Code has elapsed and if appealed is Property 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 Lion 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 OF the City Commission shall be permitted regarding lien reduction DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida thisA day of 2o I 5. Carol D. Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CITY CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent