05-2563 - Lee F. BrownThe City o f Bopton Beach
Police Department
`A CFA Accredited Law Enforcement Agencif
100 E. Boynton Beach Boulevard
P.O. Box 3I0
Boynton Beach, Florida 334250310
Phone: (561) 742-6100
Fax: (561) 742-6185
G. Matthew ImmIer, Chief of Police
Code Compliance
Phone: (561) 742 -6120
Fax: (561 746383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #05 -2563
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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:
o 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 ".
1, , 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.
Ari 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.
Case No. 05 -2563
The motion passed 5 -1 (Mr. Foot dissenting).
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
Iffy
Meeting Minutes
Code Compliance Board
Boynton Beach, FL
September 21, 2011
March 17, 2006, or incur a fine of $50 per day. The violations were corrected on
September 13, 2006. The accrued fine totaled $8,950.
Kristin Stampini, 7140 NW Turtle Walk, Boca Raton, the real estate agent for the Bank
and listing agent, testified the Bank took over the property in July 2006. She stated the
violation was already addressed and they invested $8,000 into the property. There was
a contract on the property and the closing had been delayed several times. The price of
the home was $69,000, and it was hoped the property would close by the end of the
month.
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, Mr. Foot moved that this Board reduce the fine Instituted in the
aforementioned case by virtue of this Board's Order of February 15, 2006, to an amount
of $1,826.18, including administrative costs. Mr. Cole seconded the motion that
unanimously passed.
Case No. 09 -3698 US Bank National Assoc. 2710 SW 7th Street
Officer Roy presented the case. The notice of violation was November 23, 2009, for
violations pertaining to registration of foreclosed property. The case was heard January
20, 2010, and no one appeared. The Respondent was ordered to correct the violation
by February 4, 2010, or incur a fine of $250 per day. The violations were corrected on
June 30, 2011. The accrued fine totaled $36,250.
David McDonald, 251 8th Street, West Palm Beach, the listing agent for the Bank,
testified they received the property on June 14, 2010, and the Certificate of Title was
issued to the Bank on June 30, 2011. He stated they registered the property and had a
log of maintenance since they acquired the property. The property was foreclosed
twice. The property was a Fannie Mae property and it was under contract. It was noted
there were two cases associated with the property; the first dealt with registration, and
the second with the maintenance. The sale price was $150,000. The Lis Pendens for
second foreclosure occurred in March.
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, Mr. Foot 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
11
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
CASE NO. 05 -2563
LEE F. BROWN
Respondent(s).
1
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:
I. 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 February 15, 2006 on the
Property located at 143 SE 27` Pl.. Boynton Beach, Florida, with the legal description of:
SEACREST ESTATES LT 19 BLK 3, according to the plat thereof as recorded in Plat
Book 24, Page 245, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 33- 08- 003 -0190 is REDUCED TO $1,826.18.
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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.
G. 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 of , 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
VITY CLERK
FILED
cop umished: OCT 0 4 2011
Hon le Mayor and tlM t t R" CE
Ci tomcy
lerk
OeSDOIndent
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