09-3388 - Wells Fargo BankPolice Department
"A CFA Accredited La w Enforcement Agency
100 E, Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Flodda 33425-0310
Phone: (561) 742-61
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
PhonL: (561) 742-6120
Fax: (567) 742-6383
MIIAZKN Mlp I � � � � d
Date:
To:
From
RE:
March 12, 2012
City Commission
Code Compliance Division
Code Compliance Case #09-3388
VL POLJ
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:
D 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.
o The City Commission shall direct staff to take action consistent with their review of the
"Lien Modification Order",
1, , 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 1 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Compliance Board
Boynton Beach, FL February 15, 2012
r .
Based on the testimony and evidence presented in the aforementioned case, and
having beer) 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 March 17, 2010 to an amount of
$2,634.12 including administrative costs. Mr. Bucella seconded the motion with
discussion by Mr. Foot, Mr. Foot felt that this was a serious problem in that children
could have gotten in the area and that would present a safety hazard. He would like to
see the fine at $5,000 if not $10,000 plus administrative costs. Chair Costantino
concurred, Ms. Johnson advised that the property was well secured at all times. The
property was being maintained weekly for quite some time. Vice Chair Yerzy
maintained his motion to reduce the fine to $2,634,12. The motion passed 4-3. (Chair
Costantino, Mr, Foot ano'Mr. Cole cJissentingl
YJI
Case No. 09-3388 Wells Fargo Bank 118 SE 29 Avenue
Officer Roy reviewed the details of the case. The property was cited October 22, 2009,
to trim overgrown vegetation, riiow yard, maintain pool in sanitary condition and
register property, The case was heard December 16, 2009, No one appeared. A
compliance date was set for December 31, 2.009 or Incur a fine of $500 per day.
Compliance was docuir..ented on February 14, 2012, having 774 days of non-compliance
for a fine of $387,000.
Thomas Handley, 12095 Sunset Point Circle, Wellington, was the property owner and
was trying to complete a short sale to Stellar Homes. He advised when the original
offense occurred, he received a notice, as well as Wells Fargo Bank, At that time, the
property was mowed, as well as the pool drained, He appeared at the Compliance
Board hearing and was told it was a bank lien against Wells Fargo and they would need
to register the property. After contacting them, they did not register the property until
December 2011, During that time, Wells Fargo took ownership of the property by
changing the locks and installing a dead-bolt on the screen enclosure, so there was no
possible access to the property, Mr, Handley further advised he had spoken to the
Bank on numerous occasions in an attempt for them to close the matter, but was told
their research showed no lien on the property. They have taken no responsibility and
would be taking it to foreclosure if Mr, Handley would not take care of the lien. Mr.
Handley indicated he had a contract in place to complete the short sale to Stellar
Homes. As soon as the Bank registered the property, permission was granted to
complete the short sale. The date of closing would be February 21 He advised the
locks were cut and Stellar Homes completed a lot of improvements, He requested a
reduction as much as possible so that he could pay it and complete the short sale.
001
Meeting Minutes
Code Compliance Board
Boynton Beach, FL February 15, 2012
Chair Costantino requested clarification on who owns the property. Mr. Hand11
confirmed he purchased the property with Wells Fargo Bank as the mortgagin
company. They had to approve the short sale and as a result, it had been going on f
some time. It was confirmed 'that this property was a rental when they purchase]
�-nother home and now had both properties in short sale status.
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 December 16, 2009 to an
amount of $5,634.12 including administrative costs. Ms. Carroll seconded the motion
that unanimously passed.
Case No. 11-1968
Property Address:
Violation(s):
Ocean Properties 777, LLC
1510 SW S Street
LDR CH 4, SEC 11, 6 INC
Skip Lewis, Senior Code Compliance Officer, reviewed the details of the case. The
property was cited July 27, 2011, to restore property to the most recently approved site
plan with the City, including landscaping and irrigation, In addition, the owner was to
maintain the parking as per the approved plan. Certified mail was on January 11, 2012
to the owner and the agent, The lighting portion had complied. The owner was present,
The City recommended 90 days.
James Orefice, 1.147 Hillsborough Mile, Hillsborough Beach, was the owner of the
property, Mr. Orefice pleaded no contest. He advised he had been in touch with David
Howell of Home Depot to discuss the electrical issue. He advised he would get an
independent circuit that would allow compliance. When the property was purchased,
the lighting and irrigation were part of a grid from which Home Depot was the supplier.
He also had discussions with the landscaping and irrigation planners. A couple of
companies involved in the original plans would be contacted to see if the situation could
be rectified. There were discrepancies and issues regarding who had the plans,
Based on the testimony and evidence presented in the aforementioned case, Mr, Foot
moved that this Board find that Ocean Properties 777, LLC is in violation of the City of
Boynton Beach Code sections cited and moved to Order that the Respondent correct
the violation on or before May 15, 2012. The Board has considered the gravity of the
violation, the actions taken by the Respondent and any previous violations by the
Respondent and hereby orders that if the Respondent does not comply with this Order,
I
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
WELLS FARGO BANK
Respondent's).
CASE NO, 09 -3388
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on February 15, 2012, 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:
I. This Board has subject matterjurisdiction 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 16 2009 on the Property located at 118 SE 29 r " Ave., Boynton
Beach, Florida, with the legal description of:
SKY RANCH ESTATES LT 5 BLK 3, according to the plat thereof as recorded in Plat Book 26 Page 94, of the Public
Records of Palm Beach County, Florida,
PCN: 08- 43- 46- 04 -16- 003 -0050 is REDUCED TO $5,634.12.
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 the City Commission shall be permitted regarding lien
reduction.
DONE. AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this kaday of
2012.
Michele Costantino, Chairperson
CODE COMPLIANCE. BOARD
ATTEST:
J T Y CLERK i
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
1