13-2174 US Bank National AssociationPolice 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: November 13, 2015
To: City Commi'ssi'on
From: Code Compliance Division
RE: Code Compliance Case #132174
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:
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)
a 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.
ct 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
CodelLien Reduction Magistrate Hearings
Boynton Beach, Florida October 21, 2.015
22�
Case No. 13-2174 US Bank National Association 2741 NW 1't Street
Ms. Springer presented the case. The Notice of Violation was sent September 30,
2013, regarding a Business Tax Receipt Inspection, repair damaged concrete columns,
mow and trim overgrown yard areas, and remove trash and debris. The case was
heard November 20, 2013, and no one appeared. The compliance date and fine set by
the Board was December 5, 2013, or a fine of $300 a day would be imposed thereafter.
The violations were corrected on September 30, 2015, accruing a fine of $198,900 plus
administrative fees of $734.15.
Ms. Springer was contacted for a lien reduction inspection in August which revealed
they had to sod the swale, remove or register the vehicle with no tag, repair the fence,
install screens on the windows and obtain a Business Tax Receipt and Certificate of
Use for a rental property. An inspection on August 24, 2015, revealed the windows and
fence were installed without permits. They passed the Business Tax Receipt inspection
on September 30, 2015, and the lien reduction inspection on October 1, 2015.
Jacqueline Kuyk, Esq., representing the property owner, explained this was a
foreclosure property. It was purchased in September 2014, and they did not have
knowledge of the lien because it did not appear in the title search. The owner
attempted to sell the properly and learned of the issue. There was a contract on the
property. The Property Appraiser valued the property at $50,000. In 2014, the value
was $47,000. The listing price was $175,000. Jacob Monde, the owner, purchased the
property for $81,000. It was a distressed property and he invested a lot to repair it. The
windows were installed before he took ownership and he did not know about the fence.
He was renting the property and had to evict the tenants to make the repairs. The
property is now vacant. They requested a reasonable reduction
Decision
Given the testimony, Ms. Ellis reduced the lien to $10,000 plus administrative fees of
$730.15.
Case No. 13-575 Litha Milfort 504 NW 8t' Stree5
Ms. Springer presented the case. The Notice of Violation was sent on March 29, 2013
for outside storage, tires, mattresses, bedframes, broken glass, remove trash and
debris and others, The Respondent was to mow the grass and trim bushes and hedges
including the rear swale area. The case was heard on May 15, 2013, and Litha Milfort
appeared, The compliance date and fine was May 30, 2013, or a fine of $100 a day
thereafter. The violations were corrected on September 21, 2015, accruing a fine of
$84,300 plus administrative fees of $634,12. To be eligible for lien reduction they had
to repair the driveway and pay an outstanding water bill.
WJA
CITY OF BOYNTON BEACH
Petitioner,
vs.
US BANK NATIONAL ASSOCIATION TR,
Respondent(s).
CASE NO, 13-2174
THIS CAUSE carne before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction or, October 21, 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 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 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 inct all the lien reduction procedures established by the City Code of Ordinances,
3. The lien imposed by the Magistrate on November 20, 2013 on the Property located at 2741 NW I" St.,
BoyntonBeach, Florida, with the legal description of:
ROLLING GREEN RIDGE 0" ADD LT 14 BLK 22, according to the plat thereof as recorded in Plat Book 23 Page 223, of
the Public Records of Palm Beach County, Florida,
PCN: 08-43-45-16-01-022-0140 is REDUCED TO $10,730,15.
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 final until the time period for appeal under the Code has elapsed and if appealed is properly
disposed by the City Commission.
T 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 eff'ect, 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,
0 DONE, AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this �Iday of M W �-' L, _, 2015.
ATTEST:
JT Y CLERK.
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Cleric
Respondent
Is
Carol D, Ellis
Culin COMPLIANCE MAGISTRATE
KATE
HIM=
NOV
A I J
Gi ERK'S OFFICE