10-3331 - Aurora Loan Services LLCThe City o f Bolinton Beach
Police Department
"A CFA Accredited Law Enforcement Agency"
100 E. Boynton Beach Bouleuard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Phone, (561) 742 -6100
Fax: 1561) 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:
November 2, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -3331
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far. Se¢a
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
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -3331
DEUTSCHE BANK NAT'L. TRUST
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 October 17, 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:
L 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 Jaauary 19, 2011 on the
Property located at 311 SW 5 "' Ln., Boynton Beach, Florida, with the legal description
of
MANF =GO HEIGHTS FIRST ADDITION LT 58, according to the plat thereof as
recorded in Plat Book 30, Page 56, of the Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45 -28 -38 -000 -0580 is REDUCED TO $2,000.00.
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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.
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,
T 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
(jY CLERK FILED
OCT 2 7 2011
copies furnished: CITY CLERKI OFFICE
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
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MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION
MEETING HELD ON MONDAY, OCTOBER 17, 2011, AT 6:30 P.M.
IN THE COMMISSION CHAMBERS, CITY HALL
100. E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA
PRESENT:
Michele Costantino, Chair
Richard Yerzy, Vice Chair
Aimond Alexis
Kathleen Carroll
Gary Cale
Robert Foot
RoseMarie Yerzy
Shana Bridgeman, Assistant City Attorney
Diane Springer, City Representative
L Call to Order
Chair Costantino called the meeting to order at 6:30 p.m.
II. Approval of Agenda
Motion
Mr. Alexis moved to approve the agenda. Ms. Carroll seconded the motion that
unanimously passed.
III. Swearing in of Witnesses and Introduction
Attorney Bridgeman administered the oath to those intending to testify. Ms. Springer
reviewed the appeal procedure.
Ms. Springer called the roll to determine who was present.
IV. New Business
A. Lien Reductions
Case No. 10 -3331 Aurora Loan Services, LLC 311 SW 5' Lane
Ms. Springer reviewed the case and explained the property was cited November 19,
2010 for violations pertaining to mowing, weeding and trimming. The case was heard
January 19, 2011. No one appeared and a compliance date was set for January 29,
2011 or $100 per day was established. Compliance was achieved September 30, 2091
for 243 days of non- compliance. Ms. Springer explained the property had an
Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL October 17, 2011
outstanding water bill that had to be taken care of prior to lien reduction. Several other
items had to be completed such as shutters, missing screens, soffits, trash, debris and
car parts. All those items were completed in a timely fashion. Ms. Springer distributed
photographs to the members of the Board.
Andrew Horonsky, Gahain and Associates, 8201 Peters Road, Ste 3000, Plantation,
FL, advised he had authorization to represent Aurora Loan Services. He advised that
Aurora Loan Services was not the homeowner of record but believed they were a
respondent because of an ongoing foreclosure action with the defaulted mortgagor. This
defaulted mortgagor had contested the foreclosure adamantly and the intent was to
resolve this prior to any further actions. In the foreclosure, it had already gone to final
judgment and was awaiting a Certificate of Sale, once the contesting litigation is
complete. However, there was an agreed upon short sale between the buyer and
Aurora Loan Services. The purchaser's agent was also present and was hoping to
resolve this so the property could be transferred through a short sale, rather than wait
for a Certificate of Title and have to proceed with further litigation down the road. Mr.
Horonsky hoped to have the lien reduced to cover all hard costs, all administrative
costs, plus possibly one to two percent of the total lien.
Mr. Alexis inquired what the value of the house was currently.
Kathleen Ambridge, Portfolio Properties, replied and advised that $70,500 was the
agreed upon price. The property would be sold to an individual owner.
Ms. Springer advised there were other things they had to do in order to come in for lien
reduction such as replace or remove shutters, replace missing screens, repair the
fence, replace missing soffit screens, trash, debris, car parts, replace front door and
replace missing slats on the fence. Ms. Springer advised the first time she spoke to
someone on the property was September 2, 2011 when she was asked what had to be
done to come into compliance. Compliance was accomplished within 28 days.
Photographs were shown to the Board and Mr. Foot commented that the property
presented itself well through the photographs,
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 19, 2011 to an amount
of $8,500 including administrative costs. The motion died for lack of a second.
PA
Meeting Minutes
Code Compliance Lien Reductions
Boynton Beach, FL October 17, 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, Mr. Foot moved that this Board reduce the fine instituted in the
aforementioned case by virtue of this Board's Order of January 19, 2011 to an amount
of $2,000 including administrative costs. The motion was seconded by Ms. Carroll and
passed 5 -2 (Mr. Alexis and Vice Chair Yerzy dissenting.
Case No. 09 -3300 Deutsche Bank Nat'l Trust 1800 NE 2" Lane
Ms. Springer reviewed the details of the case and advised this and the next case are for
the same property address. The property was cited October 13, 2009 for violations
pertaining to registration of foreclosure property, mow overgrown yard, trim overgrown
vegetation and secure the property. It was heard January 20, 2010 and no one
appeared. The compliance date set by the Board was February 4, 2010 or incur a fine
of $250 per day. Compliance date was June 8, 2011 for 488 days of non - compliance.
Mr. Foot inquired if any parts of the initial charge were corrected before the final clean
up. Ms. Springer advised it came into compliance on June 8, 2011 and as the
photographs indicate, there was some compliance where the property was secured, but
the registration took place and it was unsecured again, so it could not be complied until
it was resecured. Some of the other things that needed to be done were missing
windows, doors and screens and to continually secure the property.
Diane Balsara, Nautica Realty, 1200 South Federal Highway, Ste 307, indicated
Nautica Realty was the listing company for this asset through Wells Fargo Servicing.
She advised the property was sent to them at the beginning of May. The City was
immediately contacted to find out if there were any outstanding water bills or code liens.
When there are, the agents are required to immediately request bids to start curing the
problem. She presented estimates that were approved in the amount of $6,799. The list
price was $23,900 and was under contract with an owner - occupied buyer for under
$30,000. The listing and purchase price are different because it was a multiple offer
situation where seven buyers put in offers. Ms. Springer indicated that Ms. Balsara paid
an outstanding water bill in the amount of $1,500 in addition to the $6,799,
Chair Costantino inquired if a date the property was registered was available. Ms.
Springer indicated the property was originally registered January 20, 2010 and then it
had to be re- registered.
Ms. Balsara indicated the firm was looking to reduce the lien to administrative costs
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