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09-3698 - US Bank National AssocThe City of Boynton Beach Police Department "A CFA Accredited Law Enforcement Agenc_j 100 E. Boynton Beach Boulevard P.O. Box 3I0 Boynton Beach, Florida 334250310 Phone: (561) 742 -6100 Fax: (561) 742 -6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (56I) 742 -6120 Fax: (561) 7426383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: October 20, 2011 To: City Commission From: Code Compliance Division RE: Code Compliance Case #09 -3698 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 dayof , 2011. America's Gateway to the Gulfstream 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 One 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. D9 -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 Meeting Minutes Code Compliance Board Boynton Beach, FL September 21, 2011 of $2,634.12, including administrative costs. Vice Chair Yerzy seconded the motion that unanimously passed. Case No. 10 -3218 Aurora Loan Services 2710 SW 7th Street Officer Roy presented the case. The notice of .violation was November 4, 2010, for violations pertaining to lot maintenance. The case was heard December 15, 2010, and no one appeared. The Respondent was ordered to correct the violation by January 14, 2011, or incur a fine of $50 per day. The violations were corrected on March 24, 2011. The accrued fine totaled $3,400. David McDonald, 251 8th Street, West Palm Beach, testified they paid mowing fees and hard costs in the amount of $478.29, and they had the maintenance log since the Bank took over the property, The property was in compliance, secured, under contract, and ready to go. It was noted there was about four months when the property was not maintained. The second foreclosure process was entered into in March, and they took over the property June 14, 2011. On June 30, 2011, the Certificate of Title was issued to Fannie Mae. Mr. McDonald explained the first foreclosure was turned over immediately and was in compliance. Mr. l=oot noted the neighborhood was a nice neighborhood and suggested a fine of $2,600. Mr. McDonald acknowledged each case was heard on its own, but the fine seemed askew for some of the reductions. Chair Costantino pointed out the Banking industry had done a lot of damage and the City was hit hard. Mr. McDonald did not disagree but felt that just because a home was in a nice neighborhood, that one should not be hit harder because one should have taken more care in a nice neighborhood. He felt they should be treated equally. 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 January 14, 2011, to an amount of $1,634.12, including administrative costs. Mr. Cole seconded the motion. The motion passed 5 -1 (Mr. Foot dissenting). It was noted the date of the Order should have been December 15, 2010. Ms. Carroll acknowledged the date was December 15, 2010. 12 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 09 -3698 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: 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. 1 The lien imposed by the Board on January 20 2010 on the Property located at 271.0 SW 7" St., Boynton Beach, Florida, with the legal description of: FOREST HILL LT 6 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 -0060 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. 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 day of , 2011. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: (!3 CLERK FI OCT 0 4 2011 �r an;9 MqW" UKE ommission 2