09-3484 - US Bank Nat'lThe City of Boynton Beach
Police Department
'A CFA Accredited Law Enforcement Agency"
100 E..R*wton Beach Boulevard
P. 0. Box 310
Boynton Beach, Florida 3.91'15.0310
Phone- (561) 742.6100
Fax (561) 742-6185
0. Matthewlmmler, ChiefofPolice
Scott Blasde, Code Compliance Administrator
Phone (561) 742.6120
Fax: (561) 742.6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: April 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #09 -3484
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:
o 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.
o 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 Cate way to the Gulfstream
Meeting Minutes
Code Compliance Lion Reduction
Boynton Beach, Florida March 21, 2011
Scott Blasie, Code Compliance Administrator, provided an overview of the lien
reduction procedure, as well as the appeal process. If requested, letters advising the
Hoard's actions could be provided to a lender, real estate agent or title company
requiring immediate Information. Any questions with respect to the process could be
answered by Mr. Blasie and /or Diane Springer, Code Compliance Coordinator,
subsequent to the meeting.
Attorney Bridgeman conducted the swearing in of the Respondents,
Case #09 -3484 U.S. Bank National 1606 NE 3rd St.
Association Trust
Mr. Blasie presented the Case and set forth the details of the violations. The case
originated on November 3, 2009 for vlolations to the City's Ordinance, requiring the
property to be registered and overgrowth of vegetation. It had been presented to the
Hoard on February 17, 2010, and no one had appeared. A compliance date and fine
had been established by the Board of March 4, 2010, or $25 per day. Staff had
documented compliance on February 7, 2011, with 339 days of non - compliance, plus
administrative costs. Mr. Blasie added there was an outstanding water bill that was
paid, which was substantial, approximately $1,703.21. Us Pendens on the property
was recorded on May 7, 2008. He explained that on lien reductions, letters are sent to
the attorney for the plaintiff In some cases. In this case, the attorney was Florida
Default and they sent a standard letter to both the City and the client advising them
there was no need to bother with registration ordinance. The City's legal department
responded advising there is a definite need to proceed with registration. Mr. Blasie
provided photographs to the Respondent and the Board.
Sue King, Respondent, RELS Title, 1591 Haley Lane, Ft. Myers, authorized agent and
representative for U.S. Bank National Association. Mr. Blasle reminded Chairperson
Costantino that this was only for property registration. The other violations were taken
care of on January 6, 2010 and are not subject to the lien. When asked if there was a
contract and closing date, Ms. King responded she is not aware of one. Mr. Foot asked
Mr. Blasle to confirm the Us Pendens was filed on May 7, 2008. Bank filed a notice at
that time against the owner indicating their intention to start foreclosure proceedings.
The registration Ordinance states that at the filing of a Lis Pendens "if a property is
vacant, it must be registered with the City of Boynton Beach ". Mr. Foot asked when the
Ordinance became effective and Mr. Blasle Indicated November 2009. The property was
vacant. Mr, Blasle reminded the Board that Florida Default sent a letter to their client on
March 31, 2010 and the City responded to their letter on April 6, 2010, advising them
there was a need to register the property. There is a green card indicating the property
was posted correctly.
2
Meeting Minutes
Code Compliance Lien Reduction
(Boynton Beach, Florid March 21, 2011
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 February 17, 2010 to an amount
of $4,237 Including administrative costs. No one seconded the motion. Chair Costandno
asked for another motion after discussion.
Mr. Foot suggested that we consider something in the range of $1,500 Including
administrative costs. Mr. Brake asked why $1,500. Mr. Foot Indicated this is not the
most serious of situations and that the City was not harmed by this delay and their
registration is complete. Mr. Brake suggested possibly setting It off to the side until they
have a contract and then the Board would feel more pressured to do something. Chair
Costantlno reminded Mr. Brake that the Respondent asked to be heard and they have
paid to be heard. Her only Issue was that it appears the Bank ignored the Gty but, she
added, Mr. Yerzy made a motion and she believed it was a fair amount that he
proposed. Mr. Brake indicated if Mr. Yerzy remade his motion, he would second It. Mr.
Blasie interjected the Bank appeared to have complied without being prompted, with no
sale pending, and no contract. Many times when suddenly there Is a sale pending and
there is a Code violation and no registration, it is rushed through for a lien reduction.
This is not the case here. Chair Costantino reminded Mr. Blalse that the Bank was told
if the order was ignored, a Pine would be levied. Mr. Yerzy remade his motion.
Mot ion
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 Qty 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 February 17, 2010 to an amount
of $4,237 including administrative costs. Mr. Brake seconded the motion that passed 5-
2 (Ms Carroll and Mr. Foot dissenting).
Case #07 -2655 Stuart A. Houghtaling 222 SE 4 t ' Ave.
Mr. Blasie presented the case and set forth the details of the violations. The case had
originally been cited September 4, 2007 for violations to the City's Community
Appearance Code and a Business Tax Receipt for rental of a residential property. The
case had been presented to the Board on October 17, 2007, and no one had appeared.
A compliance date and proposed fine were established by the Board on November 16,
3
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09 -3484
U. S. BANK NATIONAL ASSOC. TR.
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 February 17, 2010 on the
Property located at 1606 NE 3r' St., Boynton Beach, Florida, with the legal description
of:
ROLLING GREEN LT 7 BLK 9, according to the plat thereof as recorded in Plat Book
23, Page 240, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 21 -01- 009 -0070 is REDUCED TO $4,237.00.
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 day of , 2411.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
CLERK F L '
APR p 7 2011
CITY CLERK OFFICE
r and the City Commission
C
E