09-3783 - US Bank National Assoc.The Ci a Ba nton Beach
Police Department
"A CFA Accredited Laic En forcement Agency
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (561 ) 742
Fax: (561 742L6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (56I 742 -6120
Fax: (561) 742 -6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #09 -3783
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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 September 21, 2011
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents have 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 fines instituted in the aforementioned
case, by virtue of this Board's Order of May 20, 1998, to an amount of $2,000, including
administrative costs. The motion died for lack of a second.
Motion
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents have 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 fines instituted in the
aforementioned case, by virtue of this Board's Order of May 20, 1998, to an amount of
$2,730.15 including administrative costs. Ms. Carroll seconded the motion. The motion
passed 5 -1 (Mr. Foot dissenting).
It was noted in order for a lien to be reduced, four affirmative votes were needed.
Case No. 09 -3783 US Bank National Assoc. 436 SW 7th Ct.
Officer Roy presented the case. The notice of violation was December 7, 2009, for
violations pertaining to trash, debris and mowing. The case was heard on January 20,
2010, and Attorney Joanne Gaiipaulk appeared. The Respondents were ordered to
comply by February 19, 2010, or incur a fine of $100 per day. The violations were
corrected on June 2, 2010. The accrued fine totaled $10,200.
Misty Sheets, Esq., of Marshall Watson, 1800 NW 49th Street, Suite 120, Ft.
Lauderdale, on behalf of the Bank in the foreclosure action, requested a reduction. The
title was issued in May of 2011, and once it was issued, her client complied right away.
Prior to that, the property was tenant occupied. The owner tried to comply prior to that,
and the pool was addressed immediately after the title was issued. She requested the
fine be reduced to administrative costs. The Lis Pendens was filed on July 15, 2008.
Gina Mattila, of Mega Real Estate Services, 2755 S. Federal Highway, testified a sale
was pending, and they hoped to close by the end of September. The sale price was
$75,000.
There was discussion there was an associated case and there were three Orders.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL September 21, 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, Ms. Carroll moved that this Board rescind the fine instituted in the
aforementioned case by virtue of this Board's Order of January 20, 2010, and that the
lien imposed by that Order be released. Vice Chair Yerzy seconded the motion.
Mr. Foot expressed this related to the Bank refusing to register the property and there
was no reason to excuse a Bank for failing to comply with the Ordinance.
Motion
Mr. Foot moved to table the case until after the second case was heard. The motion
died for lack of a second,
Vote
The motion passed 5 -1 (Mr. Foot dissenting).
Case No. 10 -3117 US Bank National Assoc 436 SW 7th Ct
Officer Roy presented the case. The notice of violation was October 20, 2010, for
violations pertaining to weeds, mowing and trimming overgrowth. The pool needed to be
cleaned and covered. The case was heard on December 15, 2010, and Attorney James
Karrat appeared. The Respondents were ordered to comply by December 20, 2010, or
incur a fine of $500 per day, for the gate, on one Order, and comply by January 14,
2011, or $250 a day for the overgrowth on the second Order. The violations were
corrected on August 2, 2011. The accrued fine for the first Order totaled $112,000. The
accrued fine for the second Order totaled $49,750.
Misty Sheets, Esq., of Marshall Watson, 1800 SW 49th Street, Ft. Lauderdale, and
Gina Mattila, 2755 S. Federal Highway were present.
Ms. Mattila stated she was the realtor for the Bank and she received the listing in May
2011. She was informed of the violation and immediately obtained estimates to correct
the violation. One estimate was to install a meter can for electric, clean the pool, and
maintain it. She was working with Officer Roy to comply with the landscaping, locks on
the gate, and pretty much everything they were able to do to comply. To her
knowledge, the Bank has paid close to $4,000 to correct the issues and the Bank had to
pay other fees. She requested a reduction so they could sell the property. They had a
buyer who would live in the dwelling.
5
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 09-3783
US BANK NATIONAL ASSOCIATION
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 ' September 21, 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 January 20, 2010 on the
Property located at 436 SW 7th Q., Boynton Beach, Florida, with the legal description of
FERN RIDGE, W 86 FT OF LT 18, according to the plat thereof as recorded in Plat
Book 26, Page 115, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -28 -19 -000 -0181 is REDUCED TO NO FINE.
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 this3d—day of a P 1 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
TTE
CLERK FILED
OCT 0 4 2011
copies furnished: Cay CLERWS.OFFICR
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent