Loading...
10-2456 - Bank of New York-1The Citi�o f Bo ynton Beach Police Department A CFA Accredited Lain En forcernent 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 -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 -2456 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 IV. Swearing in of Witnesses and Introduction Attorney Bridgeman explained the hearing procedures and administered an oath to all who would be testifying. V. New Business Officer Lewis called the roll and determined who was present. Chair Costantino requested moving the Lien Reductions to the beginning of the meeting. Motion Mr. Foot made a motion to move the Lien Reductions to the beginning of the meeting and was seconded by Mr. Alexis. The motion unanimously passed. Case No. 10 -2456 Bank of New York 8 Grange Place Pete Roy, Chief Code and Compliance Officer, reviewed the case. The notice of violation was dated August 23, 2010 for violations pertaining to the Property Registration Ordinance. A hearing was held October 20, 2010 and no one appeared. The compliance date was set for October 30, 2010 or incur a fine of $100 per day. The violations were brought into compliance on June 6, 2011 having 218 days of non- compliance for a total of $21,800. Christopher Callas, representative for Todd Wilson, REMAX Service, was present. He advised that he received the Certificate of Title on April 29, 2011 and registered it on June 1, 2011. The HOA has an occupant in that property. He advised they have done everything they are required to do as far as compliance with the City. Mr. Foot commented this case went back to August, 2010 and the first hearing took place on October 20, 2010. At that time, notice was sent to the lender to bring the property into compliance. He inquired what happened between October, 2010 and April, 2011. Mr. Callas advised he could not speak for the events that occurred before they took over the property. He had not had any contact with the present tenant and has not been able to reach them to obtain a lease. Officer Roy indicated it would have been vacant in October, otherwise it would not have been cited. He advised the property was now in excellent condition and indicated he does not know what the property looked like when it was cited. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL August 17, 2011 Chair Costantino commented that once again the Bank was the property owner who continued to ignore the Ordinances by not registering the property when they got the notice. The realtor then appears before the Board to advise they only just obtained the property listing. 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 October 20, 2010 to an amount of $2,814.12 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No.10 -3429 U.S. Bank National Assoc 125 Arthur Court Officer Roy reviewed the case. The notice of violation was December 2, 2010, to install proper pool barrier and secure the pool. In addition, it was required to maintain the pool in a clean and sanitary condition and remove trash and debris. It came before the Board February 16, 2011 and no one appeared. The compliance date established was February 23, 2011 or incur a fine of $500 per day. The violations were brought into compliance on June 29, 2011 having 125 days of non - compliance, for a total of $62,500. There is evidence and documents that show actual compliance on April 27, 2011 which would be 62 days for a total of $31,000. Paul Minoff, 100 NE 1" Street, Ste, 1500, Ft. Lauderdale, FL, counsel for U.S. Bank National, thanked the Board for giving him the opportunity to be present on short notice. He testified this property came into ownership of U.S. Bank on May 17, 2011, pursuant to a Certificate of Title. The foreclosure sale occurred on April 28, 2011, which was actually the day after the property was brought into compliance. In conducting an investigation, it appeared the property was subject to a short sale agreement. Unfortunately, it did not happen and foreclosure counsel, who was representing U.S_ Bank prior to the Certificate of Title being issued, did not receive all the information until April 20, 2011 after the hearing where the Board certified the fine. After the hearing, Chase finally received complete information as to what was going on and seven days later the property was brought into full compliance. Mr. Minoff presented photographs to the Board showing the property in compliance as of April 27, 2011. The foreclosure sale took place the next day and the Certificate of Title was issued on May 17, 2011. Chase, on behalf of U.S. Bank, had the property appraised for a potential sale and the property was valued at $38,000, as is. There was currently a contract on the property for $37,000. The property was ready to close subject to the ultimate resolution and release of the lien. The owners of the property understand that they must maintain the property going forward and in the interim the property was being and had been 4 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, Vs. CASE NO. 10 -2456 BANK OF NEW YORK 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 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 October 20, 2010 on the Property located at 8 Grande PI., Boynton Beach, Florida, with the legal description of: BOYNTON LAKES PL 2 LT 8 BLK 21, according to the plat thereof as recorded in Plat Book 46, Page 138, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 08 -05- 021 -0080 is REDUCED TO $2,834.12. I 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 1 IN County, Florida thissday of , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD W) - PAL" U11- FI LED copies furnished: AUG 2 4 2011 � Honorable Mayor and the CityMP W'S OFFICE City Attorney City Clerk Respondent 2