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10-2331 - US National Bank AssociationThe CitV JoBo Beach Police Department "A CFA Accredited Law Enforcement Agency'" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Phone: (561) 742 -6100 Fax: (561) 742 -6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742 -6I20 Fax. (561) 742 -6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: September 7, 2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10 -2331 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 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 MLS and subsequently 0 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 received a contract for $32,000, with an original close date of June 1, 2011. When Nautica found out the bank did not register the property, they registered it and began putting it into compliance. The windows were fixed, a sprinkler system installed, and spent close to $6,500 on the property to get it in compliance. 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 September 15, 2010 to an amount of $2,634.12 including administrative costs_ The motion was seconded by Vice Chair Yerzy and passed 6 -1 (Mr. Foot dissenting). Case No. 08 -849 Tangiers Development LLC 132 NE 12 Ave Officer Roy reviewed the case. The notice of violation was March 17, 2008 for non- payment of annual fire inspection fees. The hearing was held on May 21, 2008 and no one appeared. The compliance date established was June 20, 2008, or incur a fine of $100 per day. The violations were brought into compliance on March 31, 2010 having 648 days of non - compliance for a total of $64,800. Officer Roy advised the next four cases are the same and that the only violation was that they did not pay the annual fees. The inspections were passed. These properties are two, six -unit, multi - family apartment complexes. Jason Block, 1315 W. Indiantown Road, Jupiter, representative for Iberia Bank, advised these properties were acquired through the subsequent FDIC foreclosure of Sterling Bank, who had foreclosed on these properties in May. Iberia Bank became involved in January. Since then, approximately $50,000 had been spent to maintain these properties, and to remove tenants and squatters from the property. Deanna Richardson, Administrative Associate, explained that because it was a multi- family unit, it was considered a business and they have an annual inspection fee. 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 May 21, 2008 to an amount of $1,038.09 including administrative costs. The motion was seconded by Mr. Foot and unanimously passed. 0 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 10 -2331 U. S. BANK NATIONAL ASSOCIATION 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 Aug ust 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 September 15, 2010 on the Property located at 510 Gatewav Blvd., Boynton Beach, Florida, with the legal description of BOYNTON RIDGE LT 18 BLK 14, according to the plat thereof as recorded in Plat Book 24, Page 28, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 15 -07- 014 -0180 is REDUCED TO $2,634.12. 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 , 1 day of —alo , 2011. W"c& JLX Michele Costantino, Chairperson CODE COMPLIANCE BOARD PA�U" ( ?Y CLERK FILED A 2 4 2011 copies furnished: Cmy CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Clerk Respondent 2