10-1576 - CitiMortgage, IncThe Ci ty of Boynton Beach
Police Department
"A CFA Accredited Law Zn jorcement Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FYorida 33425 -0310
Phone, (561) 742 -6100
Fax: (561) 742 -6185
G. Matthew ImmIer, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Far (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10 -1576
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
August 17, 2011
Mr. Foot asked to confirm that the notice went to a proper address. Mr. Minoff indicated
the notice went to the property owner at the property address. U.S. Bank did not take
ownership and records would not have changed in the property appraiser's office until
that time. Mr. Foot inquired of Officer Roy where the notice went and he stated the
notice went to U.S. Bank, c/o Shapiro and Fishman, which was the address on record
for the property owner.
Case No. 10 -1576
CitiMortgage, Inc.
109 SE 4th Avenue
Officer Roy reviewed the case. The notice of violation was May 26, 2010 to replace or
repair all damaged soffits and fascia, remove trash and debris, and register the
property. The hearing was held on July 21, 2010 and no one appeared. The
compliance date established was July 31, 2010, or incur a fine of $50 per day. The
violations were brought into compliance on July 27, 2011 having 360 days of non-
compliance for a total of $18,000.
Eric Smith, 5676 Pebble Brook Lane, Boynton Beach advised that his company,
Prodigy Capital, acquired the property through a foreclosure from the courthouse on
May 24, 2011 and was now the current owner. As soon as they were made aware of the
liens, the property was made compliant. He advised they were not aware there was a
lien on the property. When a property is purchased at the courthouse steps, many times
people are not aware of the liens. Value of the property was approximately $50,000
and would be re -sold at a later date. After some discussion with the Board, Mr. Smith
requested the fine be reduced to administrative costs.
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. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of July 21, 2010 to an amount of
$2,634.12 including administrative costs. Vice Chair Yerzy seconded the motion that
unanimously passed.
Case No. 10 -3174 Francois Baptiste & 116 NW 14 Ave
Alourde Normil
Officer Roy reviewed the case. The notice of violation was October 29, 2010 to install
four inch numbers on the house, remove trailer and pallets from yard and obtain a
Business Tax Receipt required on the property. The hearing was held on December 15,
2010 and no one appeared. The compliance date established was December 25, 2010,
or incur a fine of $250 per day. The violations were brought into compliance on June 7,
2011 having 163 days of non - compliance for a total of $40,750.
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CITIMORTGAGE INC.
Respondent's).
CASE NO. 10 -1576
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board
on the Respondent's application for lien reduction on August 17, 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 July 21, 2010 on the
Property located at 109 SE 4 th Ave., Boynton Beach, Florida, with the legal description
o F:
BOWERS PARK LT 15 & W 22 FT OF LT 16 BLK 5, according to the plat thereof as
recorded in Plat Book 11, Page 57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 28 -12- 005 -0150 is REDUCED TO $2,634.12.
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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 day of , 2011.
1- �?Wtk - , (- 7
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
III• .
FILIED
AUG 2 4 2011
copies furnished: Cy CLERI OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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