10-3218 - Aurora Loan ServicesThe CitiJoB Beach
Police Department
'A CFA Accredited Law Enforcement Agenc_j
100 E. Boynton Beach Boulevard
P.O. Box 310
Boy aton Beach, Florida 334250310
Phone: (56I) 742 -6100
Fax: (561) 742-6185
G. Matthew Immier, Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: 1561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From:
RE:
October 20, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -3218
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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
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. Foot 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 loft of damage and the City was hit Lard. 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.
im
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -3218
AURORA LOAN SERVICES
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 December 15, 2010 on the
Property located at 2710 SW 7"' St., Boynton Beach, Florida, with the legal description
o f:
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 $1,634.12.
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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.
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 [lie City Commission shall be permitted regarding lien reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach
County, Florida this,5Aday of —Q�L, , 2011.
.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
ATTEST:
C YCLERK FILED
OC f 0 4 2011
ished: CITY CLERK1 OFFICE
Mayor and the City Commission
ey
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