09-3695 - US Bank National Assoc.The City of Boynton Beach
Police Department
A CFA Accredited Law Enforcement Agenc_W
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 334250310
Phone: (562) 742 -6100
Fax: (56,1) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 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 -3695
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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.
a 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 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 September 17, 2008, to an
amount of $12,560,00 including administrative costs. Mr. Foot seconded the motion
that unanimously passed.
Case No- 09 3695 U.S. Bank National Assoc. 710 SW 25th Place
Officer Roy presented the case. The notice of violation was November 20, 2009, for
violations pertaining to property registration and maintain the property per City Code.
The case was heard January 20, 2010, and no one appeared. The Respondent was
ordered to comply by February 4, 2010, or incur a fine of $250 per day. The violations
were corrected on August 9, 2010. The accrued fine totaled $46,250.
Ad Ben -Hamo, representing U.S. Bank National Association, 7000 W. Palmetto Park
Road, Suite 307, Boca Raton, stated the Bank spent $50,000, and in fairness with the
other cases that were being reduced, he requested that this one be reduced to just
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, Vice Chair Yerzy moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount
of $1,460, including administrative costs. Ms. Carroll seconded the motion.
Mr. Foot expressed the Ordinance needed to be enforced, and he felt the fine was not
reflective of the Ordinance.
Vote
There was a vote on the motion. The motion passed 5 -1 (Mr. Foot dissenting).
Case No. 05 -2563 Lee F. Brown 143 SE 27th Place
Officer Roy presented the case. The notice of violation occurred on November 9, 2005,
for violations pertaining to an unpermitted carport. The case was heard February 15,
2006, and no one appeared. The Respondent was ordered to correct the violation by
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 09 -3695
US BANK NATIONAL ASSOC.
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:
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 January 20, 2010 on the
Property located at 710 SW 25 "' Pl., Boynton Beach, Florida, with the legal description
of
FOREST HILLS LT 1 BLK 5, according to the plat thereof as recorded in Plat Book 25,
Page 57, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 32 -01- 005 -0010 is REDUCED TO $1,460.00.
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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.
b. 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 a t - , , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
(--,/ITY CLERK
go 0 4 Nil
.ed: C111 CLERK'S OFFICE
iyor and the City Commission
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