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10-568 - Cenlar FSBThe City o f Bollinton Beach Police Department 'A CFA Accredited La w Enforcemen t Agency" 100 F.. R vnton Beach Boulevard P D. Box 310 Bgvrrton Beach, Florida 33125 Phone: (561) 712.6100 Firs: (561) 7.12 G. Matthew Immler, Chief ofPalice Scott Blasie, Code Compliance Administrator Phone: (561) 742.6120 Ftrx (561) 742 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE. March 30, 2011 City Commission Code Compliance Division Code Compliance Case #10 -568 E' z $ AV pax. �eea 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. 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. ❑ 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 dayof , 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 Mr. Karageorge questioned Mr. Brake how he arrived at the $2,000 fine amount. Mr. Brake responded it sounded "pretty." Mr. Gallagher did not want an arbitrary number and took exception to the comment made. Mr. Brake apologized if he offended Mr. Gallagher, but he wanted the amount to be less than $4,000, which is what the Board would normally consider. While it may sound arbitrary to Mr. Gallagher, it was upsetting to the other Board members and that was why he was questioned about it. The number was low for the Board. He was not trying to insult Mr. Gallagher. The Board wanted $4,000 to $5,000. Mr. Brake acknowledged that Mr. Gallagher had a point about the property and if Mr. Gallagher's name was spelled right, someone would have found him. But he asserted Mr. Gallagher did rent to two different individuals and made money on the property as a business. There was a successful business at the property that the City did not inspect to ensure it was safe. if the City had, perhaps the issue with the tree trimming could have been averted because the inspector would have inspected the property and made a finding. Mr. Foot expressed $2,000 was low for a man of Mr. Gallagher's sophistication and Mr. Foot acknowledged he would have suggested at least $2,634, plus administrative costs. He did not believe someone with Mr. Gallagher's background should be let off the hook. Chair Costantino thought $10,000 was appropriate. Mr. Karageorge was looking at $4,634.12. He was compassionate that there was a communication problem and inquired if Mr. Brake would amend his motion to $4,634.12.inciuding administrative costs_ Mr. Brake responded his motion stood. There was a vote on the motion. The motion passed 4 -3 (Messrs. Foot and Karageorge and Chair Costantino dissenting.) Ms. Carroll inquired if Mr. Gallagher had contacted the Tax Collector's office to update his address. Mr. Gallagher responded he had not. Mr. Blasie explained the appeal procedures. Once the minutes are received, a seven - day review process begins. The City Commission can review it, approve or deny it, adjust, uphold or dismiss the matter. Case #10 -568 Cenlar Federal Savings Bank 132 NW 4th Avenue Mr. Blasie presented the case which was originally cited March 1, 2010 for violations of the Community Appearance Code and property registration. The lien was only for the registration. The mowing of grass and weeds complied within the timeframe imposed by the Board. The case was heard April 21, 2010. Attorney James Karrat appeared and a date and fine was set to comply by May 1, 2010 or incur a fine of $100 per day. Staff documented compliance regarding the Property Registration on February 9, 2011 13 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 having 283 days of non - compliance plus the administrative costs. Mr. Blasie had one photograph for the Board. James Roath, 10620 NW 28th Manor, Sunrise, was a loss mitigation specialist with the law firm of Gary A. Singer, P.A. and had negotiated a short sale on the property. The deal was set to close. He was made aware of the issue from the lien search which was about $3,000 or $4,000 less than the value of the property. When he found out about the issue, he discussed it with Ms. Springer and Mr. Blasie and he had property registered within 24 hours. The law firm representing Cenlar. When they registered the property and found out about the lien, he addressed it right away and sent the check. Mr. Blasie explained the property was never an issue as to maintenance. Mr. Karageorge explained the violation runs with the owner. Jim Holmquist, the listing Real Estate Agent on the property, explained there was a contract in place and the property will be a rental property. The selling price was $31,000 and the closing would be deferred. Cenlar indicated the property needs to close by the 28th. The seller will sign a promissory note to the mortgage company for $6,800. The realtor is also contributing through her commission. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Mr. Brake moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010 to an amount of $2,634.12 including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Case #10 -3188 HSBC Mortgage Services Inc. 140 SE 28th Court Mr. Blasie requested since the violations associated with Case #10 -3188 complied, that the Board certify the case as "No Fine" so they could move forward with the lien reduction. Motion Based on testimony and evidence presented in the aforementioned case, Mr. Karageorge moved that this Board find that the Respondent, HSBC Mortgage Services Inc. was in violation of the City of Boynton Beach Code sections as cited subsequent to the date of compliance specified in the Board's Order of December 15, 2010, and in consideration of the gravity of the violations and the actions taken by the Respondent to 14 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -568 CENLAR FEDERAL SAVINGS BANK Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on February 16, 2011, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board 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 board 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 Board 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 Board on April 21, 2010 on the Property located at 132 NW 4`" Ave., Boynton Beach, Florida, with the legal description of: BOYNTON HILLS LT 154 BLK A, according to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 21 -07- 001 -1540 is REDUCED TO 52.634.12. 1 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. 7. In the event that the property owner does not comply with the Code Compliance Board 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 shell remain on the property. No extensions of the ninety (90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach Coi.inty, Florida this /'3' day of 5 2011. AA Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: /1, TY CLERK— Ag*' copies furnished: MAR 2 1 2011 r!TY CLERWS OFFICE Honorable Mayor and the City Commission City Attorney City Cleric Respondent 2