10-3323 Bank of New YorkPolice Department
Police
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (56.7) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: April 8, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10-3323
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:
zi 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.
u 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_
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 om 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 $500 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 could 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.
101M.7w4r,
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,
Im
Meeting Minutes
Code Compliance Hearings
Boynton Beach, Florida March 18, 2011
having 267 days of non-compliance, and accruing a fine of $40,500 plus administrative
fees of $634.12.
Ms. Springer was contacted in November 2014.The applicant had to replace or repair
numerous items regarding exterior violations, and registering a foreclosed property.
There was also an outstanding water bill. She was contacted by a realtor in December,
and there were still outstanding violations. She was again contacted in January, and
the sliding door screen was missing. In February, the realtor contacted her, and the
inspection found hurricane rails were stored in the backyard. All was addressed and the
property was not eligible.
Amber Ashtan, on behalf of the Bank of New York, explained they obtained the
property through the foreclosure process. They received the title in August 2014, but
did not obtain possession until the end of December. The homeowner performed a
foreclosure, had possession of the property and placed a tenant in the home. They
contacted Ms, Springer in December for the lien reduction process, but there were
multiple issues. The property complied by the end of January. They paid $15,000 in
repairs and the utility bills were paid. She requested a lien reduction, and when
finished, the sale would close.
MWT
Based on the testimony presented, Ms. Ellis reduced the $40,050 lien to $2,000 plus
$634.12 administrative fees.
There were no respondents
Case No. 15-136
Property Address:
Violation(s):
15
Bible Church of God
1390 N. Seacrest Blvd.
CO CH9 ART 11, SEC 9-22
CO CH9 NFPA 101.13.3,4-,9.2.3,;
7.2.1.7.1; 7.2.1.5.1; 7.9.2.1; 710,12.1
CO CH9 NEPA 1 13.6,9,1,1.; 11,1.6.1,;
50.5.2.; 11. 1. 2 .
Provide required fire alarm system as
originally cited in 2010, fire
extinguishers expired, cooking hood
system not maintained, power cord not
grounded, secure loose panic hardware
installation on SE Sanctuary Exit Door,
repair egress doors to readily open,
southeast egress hallway and dining
room, emergency light not working, exit
sign to be visible from any direction,
exhaust hood not cleaned or inspected,
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO, 10-3323
BANK OF NEW YORK
Rc,spondent(s),
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Coder Compliance Magistrate on the Respondent's
application for lion reduction on March 18, 2015, 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 Uie appealing party was in
violwion of, the date of the original Magistrate hearing, the date the affidavit of compliance was issued, the current lien
arnount 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.
1 The Respondent has met all the lion reduction procedures established by the City Code of Ordinances,
3. The lien imposed by the Magistrate on January 19, 2011 on the Property located at I Cambridge Pl-
Boymon Beach, Fioiida, with the legal description of.-
BOYNTON LAKES PL 2 LT I BLK 19, according to the plat thereof as recorded in Plat Book 46, Page 138, of tho Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-08.05.019-0010 is REDUCED TO $2,634,12.
4. The City shall prepare a release and satisfaction consistent with this Order.
S. 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 fbr appeal under the Code has elapsed and if appealed is properly
disposed by the City Commission.
7, In the event that tho 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 he of no further force
or effect, and the original lien shall reninin 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 14 day of
09 (1 —,20)5.
Carol D- Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
CITY CLERK
copies furnished:
honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent