12-100The City o Boynton Beach
Police 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: April 8, 2015
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #12-100
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)
❑ 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".
I, , 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
d. Lien Reductions
Case No. 11-1829 Amirust Bank 3220 E. Palm Drive
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 One 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 Servicing 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 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 Sit! 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
matter.
Decision
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 1 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,
14
CiTY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 12-100
BAC HOMES LOANS SERVICING LP
Respondent(s).
Is" LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien 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 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 ini'ormation retatittg 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 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 80 Baytree Cir.. Boynton
Beach, Florida, with the legal description of:
MEADOWS 300 PL NO i LT 30 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 $5,000.00,
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 tinder the Code has elapsed and if appealed is properly
disposed by the City Commission.
i. 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. +
DONE AND ORDERF,D after hearing at City of Boynton Beach, Palm Beach County, Florida this - day of
201 S,
Carol D. Ellis
CODE COMPLIANCE MAGISTRATi;
ATTEST:
CITY CLERK
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent