10-603 - Deutsche Bank National TrustThe City o f Boynton Beach
Police Department
"A CFA Accredited Law ErVorcernent Agency"
100 E. Boynton Beach Bouleuard
P. O. Box 310
Boynton Beach, Florida 33425 -0310
Phone: (561 742 -6100
Fax: f561 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:
December 8, 2011
City Commission
Code Compliance Division
Code Compliance Case #10 -603
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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.
o 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 November 16, 2011
Mr. Foot moved that the aforementioned case be tabled until the Code Compliance
Board meeting to be held on December 21, 2011. Mr. Cole seconded the motion that
unanimously passed.
Mr. Cole moved to approve the agenda as amended. Mr. Alexis seconded the motion
that unanimously passed.
IV. Swearing in of Witnesses and Introduction
Attorney Bridgeman explained the hearing procedures and administered the oath to all
who would be testifying.
IV. New Businesses
Officer Roy called the roll and determined who was present. Chair Costantino
requested the Lien Reductions be heard first. There were no objections to the request.
Case No. 10 -603 Deutsche Bank National Trust 229 W. Ocean Ave.
Officer Roy presented the case. The notice of violation was March 2, 2010, for failing to
register a foreclosure property. The hearing was held April 21, 2010, and no one
appeared. The Respondent was ordered to comply by May 5, 2010, or incur a fine of
$100 per day. The violations were corrected on April 18, 2011. The accrued fine
totaled $34,500.
Ash Kumar, 229 W. Ocean Avenue, the buyer, stated he corrected the violations with
his own money, and he did not know why the Bank had not addressed the issue. The
home was a single - family home, and his cousin would live there as it was a family
property. The purchase price was approximately $57,000. Mr. Kumar agreed to pay the
fine, but noted the Bank had the property for a year.
Motion
Based on testimony and evidence presented in Case No. 10 -503, 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 fines instituted in the aforementioned case,
by virtue of this Board's Order of April 21, 2010, to an amount of $2,000, including
administrative costs. Mr. Alexis seconded the motion.
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Meeting Minutes
Code Compliance Board
Boynton Beach, FL
November 16, 2011
There was discussion Mr. Kumar spent his own money to bring the home into
compliance, and a $1,000 fine may be more appropriate. Mr. Foot disagreed and
thought the community suffered.
Vote
The motion failed -3, (Chair Costantino, and Messers. Cole and Bucella dissenting.)
Motion
Based on testimony and evidence presented in Case No. 10 -603, 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. Cole
moved that this Board reduce the fines instituted in the aforementioned case,
by virtue of this Board's Order of April 21, 2010, to an amount of $1,004, including
administrative costs. Mr. Bucella seconded the motion.
Mr. f=oot commented the buyer was making an investment, and the cousin would
inhabit the home. He saw no reason to favor the applicant. Chair Costantino disagreed
and noted times were tough. Sometimes within families, one member is generous to
another. Mr. Cole commented the Bank held the home for a year, and he would rather
see a family live in the home. Discussion followed the fine of $34,000 accrued due to
the Bank failing to register the property. A fine of $2,000 was less than 5% of the fine.
The home still needed work, and Mr. Kumar anticipated another $7,000 to $10,000 in
repairs was needed.
Vote
The motion passed 3 -2, (Messers Foot and Alexis dissenting.)
Case No. 09 -1586 Gordon Bartlett 197 SE 27th Place
Officer Roy presented the case. The notice of violation was May 22, 2009, for violations
pertaining to trash, broken windows, and needing a Business Tax Receipt. The hearing
was held on July 15, 2009, and no one appeared. The Respondent was ordered to
comply by July 25, 2009, or incur a fine of $200 per day. The violations were corrected
on October 7, 2011. The accrued fine totaled $160,000. Chair Costantino noted the
next case involved the same property.
Eddie Arboleda, Remax Park Creek, 5481 Wyles Road, Suite 504, Coconut Creek,
stated he has a contract on the property. Remax acquired the property from Bank
United's asset management company. He visited the property on April 13, 2011, and
was working with Ms. Springer to bring the property into compliance. The problem he
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CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 10 -603
DEUTSCHE BANK NATIONAL 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 November 16, 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 April 21, 2010 on the
Property located at 229 W. Ocean Ave., Boynton Beach, Florida, with the legal
description of:
BOYNTON HEIGHTS ADD REVISED PLLTS 17 & IS BLK 7, according to the plat
thereof as recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach
County, Florida,
PCN: 08- 43- 45 -28 -10 -007 -0170 is REDUCED TO $1,000.00.
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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.
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 ffiNay of _ (,(,� ' 2011.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
T:
Cl Y :J)LA' CLE
`F �;
DEC 0 5 2011
copies furnished:
Honorable Mayor and the ity o tK
n .� s o OFFICE
City Attorney
City Clerk
Respondent
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