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10-1830 - Suntrust MortgageThe U o Boynton Beach Police Department "A CFA Accredited Law Enforcement Agency" 100R, Boynton Beach Boule vard P.O. Box 310 Boynton Beach, Florida 33425.0310 Phone (561) 742-GI00 Fax: (561) 742 G. Ma Ube wlmmler, Chief ofPolice Scott Blaaie, Code Compliance Administrator Phone (561) 742-6120 Fax (661) 712.6,183 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 7, 2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10 -1830 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) o 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 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida Case #10 -1527 Mortgage Electronic Registration March 21, 2011 201 NW 7th Ct. Mr. Blasle presented the case and set forth the details of the violations. The case had originally been cited May 19, 2010 for violation of our Ordinance of requiring a property registration. The case was presented to the Board on July 21, 2010, and no one had appeared. A compliance date and proposed fine were established by the Board on July 31, 2010, or $150 per day. Staff had documented compliance on November 17, 2010, having 108 days of non - compliance, plus administrative costs. The lien was recorded on October 9, 2010 and a Certificate of Title was recorded July 21, 2010 and Lis Pendens was recorded in December 2008. Mr. Blasle submitted photographs and indicated the trash issue was complied with within the timeframe allowed. Mr. Blasie informed Chair Costantino that dumping of trash or "trash sharing" happens quite often and the City could have picked up what we originally cited. Todd Wilson, 6070 N. federal Hwy, Boca Raton, listing agent for property, reminded the Board that there is quite a lag between the Bank taking over the properties and getting people out to them. This particular property went through three banks in the time period. Issues were taken pre of immediately when he got involved. Whenever he goes there, people are living there, and then it is empty. There is a contract on the property and he is hopeful that will help the way It looks. Chair Costantino reiterated we are again dealing with banks that are creating the problem. Closing was originally scheduled for December 31, 2010, but there were always Issues like people living there, broken windows among others. There was an extensive water bill that took the bank a long time to pay. There was discussion about expenses to keep the house secure. 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 fines instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of $2,000, including administrative costs. Ms. Carroll seconded the motion that passed unanimously. Case 10 -1830 Suntrust Mortgage, Inc. .629 SW 2 nd Ave. Mr. Blasle presented the case and set forth the details of the violations. The case had originally been cited June 17, 2010 for violations to the City's Community Appearance Code and Registration of the property. The case had been presented to the Board on 5 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida March 21, 2011 August 18, 2010, and no one had appeared. A compliance date and proposed fine were established by the Board on August 28, 2010, or $200 per day. Staff had documented compliance on March 3, 2011, for 186 days of non - compliance, plus administrative costs. This property was cited for Registration along with the Registration requirements for property maintenance. Photos show the property maintenance Issues. Richard Raymond, 301 Clematis St., West Palm Beach, listing agent for Suntrust was present. Mr. Foot wanted clarification if maintenance was done recently or earlier. There was a question regarding the compliance date of March 3, 2011, and whether that was for maintenance and compliance or just maintenance. Mr. Slasle Indicated there was not anything in the file, but indicated there must be receipts. Mr. Raymond indicated he received the listing in November and spent in excess of $12,000 to rehabilitate the property. There was an outstanding water bill of approximately $1,300. In addition, the pool had a crack in It and Is in the process of being repaired, To date, the pool expenses are running approximately $4,800, Mr. Raymond indicated neighbors are always putting things in the yard and he continually goes to the property to make sure there Is compliance. 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. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of August 18, 2010 to an amount of $4,354.12, including administrative costs. Mr. Foot Interjected that this situation Is more egregious than situations considered previously. He feels the property was a mess for three months before the compliance date. He does not believe we should "soften the situation" because the neighborhood suffered also. Mr. Foot suggested $18,000. Mr. Raymond advised that the court records are so far behind In the County, by the time the paperwork gets processed, there are things that happen and we are not notified immediately. Even though the bank has the mortgage, they do not have the right to the property until the Certincate of Title is recorded in the County. For example, on this property, it indicates the recording in November. The Certificate of Ttle was not recorded In the County to show in Property Appraiser's record until approximately seven or eight weeks later. Mr. Raymond confirmed a contract on the property of approximately $129,900. Mr. Foot reconsidered the motion and raised the amount to $10,000 Including administrative costs. Motion made by Mr. Yerry and seconded by Mr. Foot with an amount of $10,000 6 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida March 21, 2011 inclusive. Motion failed 3-4 (Ms, Carnal, Mr. Brake, Mr. Alexls, Mr. LaRock dissenting). Chair Costantino asked Board to discuss the issues and try again, 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 fines Instituted in the aforementioned case by virtue of this Board's Order of August 18, 2010 to an amount of $4,500.00, Including administrative costs and seconded by Mr. Larock. Motion passed 4- 3 (Mr. Foot, Mr. Yerry, Chair Costantr'no dissenting). Case #10 -662 Andre G. Garcon 407 NW 15 Ave. Mr. Blasie presented the case and set forth the details of the violations. The case had originally been dted March 8, 2010 for violations to the City's Community Appearance Code relating to the fence and a driveway in bad condition. The case had been presented to the Board on May 19, 2010, and no one had appeared. A compliance date and proposed fine was established by the Board on June 18, 2010, or $50 per day. Staff documented compliance on February 16, 2011, for 242 days of non - compliance, plus administrative costs. There was an outstanding water bill totalling $1,338.34. Mr. Blasie advised the lien reduction involved two cases for the property at 407 NW 15 Avenue. The photos were for both cases. Michael Traster, 3960 Hypoluxo Rd, Ste 100, Boynton Beach, represents the new owner, Wetls Fargo, and is co- listing agent on the property. Mr. Traster Indicated there was a contract with a closing date pending the lien reduction hearing, Purchase price was $35,000. There was discussion about when the property was secured. Expenses overall are in the $5,000- $7,000, range in addition to the water bill that was paid off. Mr. Blasie Indicated the driveway Is an enhancement because Instead of patching, or pouring asphalt, concrete was used. There was a question as to the fence repair and it was indicated that it had been removed. Chair Costantino asked for motion or further discussion. 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. LaRock moved that this Hoard reduce the fines instituted in the aforementioned case by virtue of this Hoard's Order of May 19, 2010 to an amount of 7 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 10 -1830 SUNTRUST MORTGAGE INC. 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 March 31, 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 Aug ust 18, 2010 on the Property located at 629 SW 2 "`' Ave., Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTS PL 1 E 30 FT OF LT 15, LT 16 & W 16 FT OF LT 17 BLK 12, according to the plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 29 -01- 012 -0151 is REDUCED TO $4,500.00. 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 shall 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 County, Florida this 5 day of-2*.+; 0, 1 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD APR o 1 2011 copies furnished: CITY CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Clerk Respondent 2