11-137 - Bank of New York Mellon Trust - 1329 E Fairfax CirThe City of Boynton Beach
Police Department
'A CFA Accredited Law Enforcement Agen -
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561) 742 -6100
Fax: (561) 746185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: August 9, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #11 -137
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
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, Vice Chair Yerzy 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
$10,364.12 including administrative costs. Chair Costantino passed the gavel to Vice
Chair Yerzy and seconded the motion for discussion.
There was discussion the property was not registered and an inquiry was made if they
maintained the property during that time. Officer Roy repeated the violations were
corrected on May 6, 2010. The Respondents also spent $3,000 to repair the items.
Vote
Chair Costantino called the question. The motion unanimously failed.
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. Alexis 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
$6,000 including administrative costs. Vice Chair Yerzy seconded the motion. The
motion passed 6 -1 (Ms. Carroll dissenting).
Case No. 11 -137 Bank of New York Mellon Trust 1329 E. Fairfax Circle
Officer Roy reviewed the case. The notice of violation date was January 20, 2011 for
violations pertaining to the Property Registration Ordinance and mow, trim and remove
trash from the property. The hearing was held on March 6, 2011 and no one appeared.
The compliance date established was March 26, 2011 or incur a fine of $100 per day.
Compliance was documented on June 7, 2011 having 72 days of non - compliance.
Eric Smith, 5676 Pebble Brook Lane, Boynton Beach, purchased the property on
March 29, 2011. He testified they purchased the property from the Bank with a clear
title. When they received notice there were Code issues, they addressed them
immediately including pressure washing the roof, addressing the mailbox and driveway
issues, trimming the grass, bushes and removing the trash. He requested a reduction
of $300.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL July 20, 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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of March 16, 2011 to an amount of
$634.12 including administrative costs. Ms. Carroll seconded the motion that
unanimously passed.
Case No. 09 -3182 GMAC Mortgage LLC 112 SW 6th Avenue
Officer Roy reviewed the case. The notice of violation date was October 1, 2009 for
violations pertaining to the Property Registration Ordinance and trimming the palm tree.
The hearing was held on January 20, 2010 and no one appeared. The compliance date
established was February 4, 2010 or incur a fine of $150 per day. Compliance was
documented on May 5, 2010 having 89 days of non - compliance.
Steve Petrucci, 112 SW 6th Avenue, purchased the home from the Bank. Mr. Petrucci
testified they painted the house, laid sod and brought the property into compliance
before it was purchased. It was purchased with the existing issue.
Larry Bell, 2711 W. Cypress Creek Road, Ft. Lauderdale, testified the lien did not show
on the lien search. He stated this issue was a common problem with foreclosures.
They purchase the property, obtained permits, improved them and when they find out
about violations, they fix them. They closed on the property in February, 2011. The lien
showed a few days prior to closing. Since they did not want to lose their deposit, they
moved forward and closed. They then contacted Ms. Springer.
Mr. Petrucci testified he spent $30,000 to $35,000 and they spent about $50,000 for the
home. Chair Costantino explained the liens and fines run with the property and not the
property owners.
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, Ms. Carroll moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount
of $2,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that
unanimously passed.
Case No. 10 -3244 2600 Quantum LLC 1035 Gateway Blvd #210
Boca Tanning Club
C
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 11 -137
BANK OF NEW YORK MELLON TR.
Respondents).
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on July 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:
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 March 16, 2011 on the
Property located at 1329 E. Fairfax Cir., Boynton Beach, Florida, with the legal
description of
LAWRENCE GROVE PL NO 2 PUD LT 15, according to the plat thereof as recorded in
Plat Book 71, Page 104, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -07 -14 -000 -0150 is REDUCED TO $634.12.
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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 k&day of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
�r
copies furnished: AUG O S 2011 �
Honorable Mayor and the City CAUSPgRK,S Off ICE
City Attorney
City Clerk
Respondent
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