12-359 James Schaffer & Madalyn JamesPolice Department
"A CFA Accredited Low 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
Date-, October 19, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-359
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:
u 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.
o 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.
o 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 Special Magistrate Hearings
Boynton Beach, Florida August 19, 2015
box and cap on the sconce lamp to the left of the garage door. The property was re-
inspected on January 20, 2015, and the pool rail and the pressure cleaning were stii]
outstanding. Those items were taken care of within three days.
Shie Rios, on behalf of Central Mortgage, explained Central Mortgage obtained the
property during the economic crash.. The law firm handling the foreclosure lawsuit, Ben
Ezra and Katz imploded and all of the notices were sent to counsel of record, Central
Mortgage was unaware of the registration requirements and the violations. When they
became aware of them, they addressed the issues. The property sold on July 151h,
Central Mortgage was requesting a waiver of the fines. The new owner purchased the
property with the existing lien, and it was in escrow.
Ms. Springer explained she received an email from the realtor on January 15, 2015, and
was told all violations were addressed. There were three more items needing to be
addressed and the realtor addressed them in three days,
im3am
Ms. Ellis reduced the lien from $121,200 to $5,000 plus administrative fees of $826.18,
Case No. 12-359 James Schaffer & Madalyn James 70 Sausalito Drive
Ms, Springer presented the case. The Notice of Violation was sent on March, 7, 2012.
The case was heard on April 18, 2012. The compliance date was to comply by April 28,
2012, or a fine of $100 a day would be imposed thereafter. The violations were
corrected on May 14, 2015, having 110 days of non-compliance and a fine of $111,000
plus administrative fees of $634.12. When the lien inspection took place, all items were
addressed,
Amina McNeil, on behalf of Federal National Mortgage Association, explained
when the lien occurred, the property was in the foreclosure process. When the client
became the owner, they immediately addressed the violations. It appeared the former
property owners were non-responsive to the City and the foreclosure action. They
asked for a waiver of the lien on the property. They had a closing set for July 2015, but
due to the lien, the purchasers received a 30 -day extension, She requested the waiver
so the purchaser and the bank do not have to absorb the cost of a lien accrued from the
prior owner.
Ms. Ellis reduced the lien to $5,000 plus administrative costs.
Case No. 13-160 Bank of New York Trust 5 Carrie Place
-a
CITY OF IlOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
JAMES SCHAFFER & MADALYN JAMES
Respondent(s).
CASE NO, 12-359
LIEN MODIFICATION ORDER
THIS CAUSE. came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on August 19, 2015, pursuant to Chapter Two, Aiticle 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
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.
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 April 18, 2012 on the Property located at 70 Sausalito Dr., Boynton
Beach, Florida, with the legal description of:
SAUSALTIO PLACE LT 70, according to the plat thereof as recorded in flat Book 76, Page 47, of the Public Records of
Palm .Beach County, Florida,
PCN: 08-43-45-13-I6-000-0700 is REDUCED TO $5 634.12.
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 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.
�,,��MDrF
AND ORDERED after
, 2015.
ATTEST:
(L JCY CLERIC.
copies furnished:
Honorable: Mayos- and the City Commission
City Attorney
City Clerk
Respondent
hearing at City of Boynton Beach, Palen Beach County, Florida this z% i day of
Carol D, Ellis
CODE; COMPLIANCE MAGISTRATE