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10-2534 - General Electric Capital CorpThe CitJo Boynton Beach Police Department "A CFA Accredited Law Enforcement Agenc,' 100 F. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (561) 74x6100 Fax: (561 742 -6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax, (561 742 -6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: August 9, 2011 City Commission Code Compliance Division Code Compliance Case #10 -2534 �cS patre� �B 194 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 , 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 aforementioned case by virtue of this Board's Order of December 15, 2010 to an amount of $500 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 09 -3474 Krause Lund Associates LLC 1599 SW 30th Ave. #14 Bold Construction Corp. Officer Roy reviewed the case. The notice of violation date was November 3, 2009 for violations pertaining to non - payment of fire inspection fees. The hearing was held on December 16, 2009 and no one appeared. The compliance date established was December 26, 2009 or incur a fine of $50 per day. Compliance was documented on July 5, 2011 having 555 days of non - compliance. Daniel Lewis, D.P. Lewis and Associates, the agent for the owner who was U.S. Bank National Association as Trustee, testified the Bank took title via a foreclosure action. They conducted a title search in March or April and no liens were found at that time. The property is under contract and during the contract process, another title search was done at the end of June and in early July learned about the lien, The fee was to be paid for by Krause Lund Associates or Lund and Associates or Bold Construction. The 2009 fees were not paid, but the 2010 fees were paid. When Lewis and Associates learned of the fee, they immediately spoke with Code. It was a title problem and the Trustee wants to clear the title and apply for a reduction for administrative costs only. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2 -84 through 2 -89 of the City of Boynton Beach Code of Ordinances, Vice Chair Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of December 16, 2009 to an amount of $1,134.12 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -2534 General Electric Capital Corp. 3210 SW 14th Place Officer Roy reviewed the case. The notice of violation date was August 27, 2010 for violations pertaining to the Property Registration Ordinance and to mow overgrown yard, trim vegetation and remove trash and debris. The hearing was held on November 17, 2010 and no one appeared. The compliance date established was December 2, 2010 or incur a fine of $200 per day, Compliance was documented on June 30, 2011, having 209 days of non - compliance. Craig Barnett, Esq, Greenburg Traurig, 401 E. Los Olas Blvd, Suite 2000, Ft. Lauderdale, Counsel for General Electric explained his client spent over $20,000 to bring the property to a sellable state. The foreclosure began in February of 2009, prior Meeting Minutes Code Compliance Board Boynton Beach, FL July 20, 2011 to the Ordinance being enacted. Since that time, to the end of 2010, they were working with the borrower on a reinstatement, and it was their understanding the borrower occupied the premises. The Ordinance requires foreclosure properties to be registered if vacant, or inspected regularly to determine if it is vacant. If the property is vacant, the ordinance requires the property be registered at that time. In this instance, they kept in regular contact with counsel for the borrower'who never indicated the client did not occupy the premises. Mr. Barnett's client was unable to gain access to the premises and had moved the Court for an order allowing them to inspect the premises. Judge Hoy signed the order and they entered the premises. Once they acquired the property at the foreclosure sale in early March, prior to the issuance of the Certificate of Title, the client retained a landscaping company to handle remediation of the property. On March 18, the landscaping was complete. In April a sprinkler repair was done; in May, $5,000 was spent to remove interior debris; and on May 29, 2011 over $13,000 was spent for electrical repair. The property was an industrial property formerly occupied by RAV Millwork. Chair Costantino noted the report indicated the property was vacated on August 27, 2010, Attorney Barnett responded they were required to coordinate with counsel to obtain access to the property and they tried on numerous occasions to do so. It was their understanding, working through counsel, the premises were occupied. He was prohibited from contacting the tenant directly. He received no response and on December 9, 2010, they filed a motion to inspect the premises, He commented when the property was obtained, there was a vehicle inside which was subsequently towed and removed. From the exterior, it could not be determined it was vacant, nor did they receive any advice about it from the tenant's counsel. In light of what was done to remediate the property, they requested the lien be reduced to administrative costs. Motion Based on 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, Vice Chair Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 17, 2010 to an amount of $4,814.12, including administrative costs. Mr. Alexis seconded the motion that passed 6 -1 (Ms. Carroll dissenting). Case No. 09 -3904 Anael Noel & Fritz Torchon 77 Baytree Circle Officer Roy presented the case, which pertained to a roof permit. The notice of violation was December 15, 2009. The case was heard on February 17, 2010 and no one appeared. A compliance date was set for April 18, 2010 or incur a fine of $50 per day. Compliance was documented on May 9, 2011, having 385 days of non - compliance. 1007 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -2534 GENERAL ELECTRIC CAPITAL CORP. 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 Julv 20, 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: 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 November 17, 2010 on the Property located at 3210 SE 14` P1., Boynton Beach, Florida, with the legal description of: LAWSON INDUSTRIAL PARK PL 1 LOT 8, according to the plat thereof as recorded in Plat Book 42, Page 134, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 46- 05 -08- 000 -0080 is REDUCED TO $4,814.12. 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 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 2UNay of , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD �lf- J X-A CLERK FILED AUG 0.0 2011 copies furnished: Honorable Mayor and the City��m��on' OFFICE City Attorney City Clerk Respondent 2