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09-3300 - Deutsche Bank Nat'l TrustThe City of Boynton Beach Police Department "A CFA Accredited Law Er}forcement Agencrf' 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 334250310 Phone: (56I) 742 -6100 Fax: (561 742-6185 G. Matthew ImmIer, Chief of Police Code Compliance Phone: (561) 742 -6120 Fax: (561) 742L6383 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: To: From RE: November 2, 2011 City Commission Code Compliance Division Code Compliance Case #09 -3300 A p8 ruLlC� . ;;. 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. o 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. u 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. 09 -3300 DEUTSCHE BANK NATL. 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: 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 1800 NE 2" Ln. Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE 1 ADD LT 1.8 BLK 31, according to the plat thereof as recorded in Plat Book 24, Pages 223 through 226, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -16 -01 -031 -0180 is REDUCED TO $3,000.00. 1 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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 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 AOAI , 201, L Michele Costantino, Chairperson CODE COMPLIANCE BOARD ILELM OCT 2 / 2011 copies furnished: VTY CLERK'S OFFICE Honorable Mayor and the City Commission City Attorney City Clerk Respondent 2 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 3 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. Alexis 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 $3,000 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -1655 Duetsche Bank Nat'l Trust 1800 NE 2 " Lane Ms. Springer reviewed the case. The property was cited June 1, 2010, for graffiti on the building. The property was overgrown and had trash and debris. The case was heard July 21, 2010. No one appeared. A compliance date was set for July 31, 2010 or incur a fine of $100 per day. Compliance was documented on September 30, 2011, having 425 days of non - compliance. This would have the same explanation as the previous case, as it is an on -going situation. Diane Balsara, Nautica Realty, 1200 South Federal Highway, Suite 307, advised the same facts related to this case. She felt, given the price of the property, and the amount of money already spent, the lien should be reduced to zero. Mr. Foot commented there were expenses relating to this and did not feel it could be zeroed out. There was discussion on what an appropriate fine amount would be due to the violation. 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 July 21, 2010 to an amount of $1,500 including administrative costs. Mr. Alexis seconded the motion. The motion failed 2 -4 (Ms. Carroll, Ms. Yerzy, Mr. Cole and Vice Chair Yerzy dissenting. 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 July 21, 2010 to an amount of 4