10-1700 - Mortgage Electronic RegistrationThe City o Bo ynton Beach
Police Department
A CFA Accredited Lau Eykbrcernent Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Phone. (561) 742 -6100
Fax. (561) 742 -6I85
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: September 7, 2011
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #10 -1700
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 Gulfstrearn
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
August 17, 2011
Melanie Hugel, 621 NW 53 Street, Ste 390, Boca Raton, listing agent for the property
and representing the owners, advised the property was occupied when they received
their assignment. The Bank did take title on February 24, 2011. The outdoor storage,
house numbers, and rental licenses could not be remedied as renters were in the
property and they could not go on the property and remove their personal belongings.
They were evicted May 18, 2011 and, at that time, the property was brought into
compliance along with additional items for property standards that Ms. Springer had
requested. Ms. Hugel stated she was requesting a reduction to $1,500 plus hard costs.
By her calculations of when the bank took ownership of the property, with 60 days out of
compliance at $250, the estimated fine total was $15,000. Ten percent of that amount
was $1,500.
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 December 15, 2010 to an
amount of $2,634.12 including administrative costs. Mr. Foot seconded the motion that
unanimously passed.
Case No. 10 -1700 Mortgage Electronic Registration 714 SE 3 rd Street
Officer Roy reviewed the case. The notice of violation was June 3, 2010 to mow and
trim all overgrowth and secure 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 $250 per day. The violations were brought into compliance on May 27, 2011 having
299 days of non - compliance for a total of $74,750.
Melanie Hugel, 621 NW 53 Street, Ste 390, Boca Raton, listing agent for the property
and representing the owners, advised she thought this case was only about registering
the property. She was not aware of any overgrowth issues. It was assigned to her office
on April 23, 2011 and the Bank took title. She did not know why the Bank did not
register the property.
Mr. Foot indicated he was not aware of a registration violation. He was aware of the
mow and trim all overgrowth and secure the property violations. Officer Roy confirmed
that under that particular Ordinance, 09 -040 INC, Registration of Property would be
included in the violations cited, even though the property is properly registered. As far
as securing the property, Officer Roy advised it was on a shed door. He submitted
pictures of the property to the Board and the Board noted there were broken windows
on the house.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
Motion
August 17, 2011
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 July 21, 2010 to an amount of
$4,134.12 including administrative costs. The motion failed for lack of a second.
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 July 21, 2010 to an amount of
$3,634.12 including administrative costs. The motion failed for lack of a second.
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 July 21, 2010 to an amount of
$5,000 including administrative costs. The motion was seconded by Mr. Foot and
passed 6 -1 (Ms. Carroll dissenting)_
Case No. 10 -2331 U.S. Bank National Association 510 Gateway Blvd.
Officer Roy reviewed the case. The notice of violation was August 13, 2010 to mow
overgrown swale area and trim hedges. In addition, the foreclosure property must be
registered. The hearing was held on September 15, 2010 and no one appeared. The
compliance date established was September 25, 2010, or incur a fine of $150 per day.
The violations were brought into compliance on May 31, 2011, having 247 days of non-
compliance for a total of $37,050.
Eloise Wexler, 1200 So. Federal Hwy, Ste. 307, listing agent with Nautica Realty,
advised a lis pendens was served on June 23, 2009 and the final judgment of
foreclosure was filed on July 1, 2010 in the amount of $122,279.52. The scheduled
auction sale of the property did not occur until March 7, 2011. Nautica received the
assignment on March 31, 2011. The tax value of the property is $34,704 and the listing
agreement was received April 1, 2011 for $29,900. It was put on MILS and subsequently
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 10 -1700
MORTGAGE ELECTRONIC REGISTRATION
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 August 17, 2011, pursuant to
Chapter two, Article Eve 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 714 SE 3" St., Boynton Beach, Florida, with the legal description of:
HATHAWAY PARK S 25 FT OF LT 13 & N 40 FT OF LT 14 BLK C, according to the
plat thereof as recorded in Plat Book 13, Page 17, of the Public Records of Palm Beach
County, Florida,
PCN: 08- 43- 45 -28 -23 -003 -0131 is REDUCED TO $5,000.00.
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 , 2011.
Q
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
t Iv
CY LERK F' t E D
AUG 2 4 2011
copies furnished: � +S OFM
Honorable Mayor and the City Commission
C
ionn
City Attorney
City Clerk
Respondent
N