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