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11-1131 - BAC Home Loan Servicing - 91 Maple LanePolice Department "A oma Accredited Law Enforcement Agency" 1onE. Boynton Beach Boulevard po. Box azn Boynton Beach, Florida 33425'0310 Phone: (5bV742'a/oo anz:/5o1/ 742'6185 G. Matthew Inn`D,n Chief ofPolice Code Compliance Phone: (561) 742-6120 LIEN REDUCTION TRANSMITTAL MEMORANDUM [}ate: To: From RE July 1O.2O12 Qty Commission Code Compliance Division Code Compliance Case #11-1131 |n accordance with Ordinance number O01-O7.the enclosed "Final Lien Modification Order" is hereby forwarded to you for review. A8 required bv Ordinance number O01-O7. the following procedures are to be followed: o A City Commissioner has seven (7) days from the rendition of the Order to request the City Manager's Office to place the case ono City Commission Agenda for review. (Space provided below for transmittal purposes) Lj Said review must occur within thirty (30) days of the request for review. a 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. a The [}ib/ Commission shall direct staff to take action consistent with their review of the "Lien Modification Onder". |. , hereby request the City Manager's Office to place the above referenced Case OD the next available City Commission Agenda for reV|ovv. Signed on this date, the day of 1 2011. Ame-rica's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2012 lien because in order to be in compliance, permits would be required, Mr. Grave advised the house had been burned badly, which required permits for structural engineering, plumbing, and electrical. The cost would have been approximately $10,000 just for permitting. There was no way the Bank would do that. He advised he wanted to purchase the home badly, and ended up renovating it beautifully, He advised the original Code violation stated that in order to be in compliance, a permit would have to be pulled. At the time, the violation for that specific issue had been $200 per day and accumulated to $14,000 at the time it was brought to his attention. He stated the house closed on August 10, 2011. There was discussion and clarification from Ms. Springer that there were two cases involved. One was for the lien on the Bank, the other which Mr. Grave is referring to deals with the permits, which was not fined. She advised the case the Board should consider is the Bank lien. Mr. Grave indicated that the lien on the Bank had nothing to do with him and was in compliance before he purchased the property. MI.= Based on 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of March 16, 2011, to an amount of $8,634.12, including administrative costs. Chair Costantino passed the gavel to Second Vice Chair Cole and seconded the motion and after discussion, the motion passed 4-1 (Ms. Carroll dissenting). The gavel was passed back to Chair Costantino. Case No. 11-1131 BAC Home Loans Servicing 91 Maple Lane Ms. Springer presented the request and stated the notice of violation was sent May 9, 2011, for violations pertaining to the registering of the foreclosed property and business tax receipt, The case was heard on June 15, 2011 and no one appeared. The compliance date and fine established by the Board was June 25, 2011, or a fine of $250 a day would be imposed thereafter. The violations were corrected on December 20, 2011, having 177 days of non-compliance. Ms. Springer stated contact was made in January, 2012. Some of the repairs that still needed completion for lien reduction were to repair the screen porch enclosure and install a self-locking latch on the gate. The reinspection was completed on April 13, 2012 and additional violations were found, specifically resodding areas in the front yard, On June 6, 2012, the property came into compliance. In the interim, the person taking care of the property for the Bank no longer works for the company and someone else had taken over. Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2012 Courtney Dunn, 40101 Ravenswood Road, Dania Beach, was the new property manager for the property. She was unfamiliar with the case and was told to attend the meeting. On a quick review, she stated the original violation was failure to register the property which was in compliance. When the lien reduction was requested in January, other violations were noted. Everything had complied and was up to date and she was asking on behalf of the title holder that the fine be reduced as much as possible, Mr. Bucella confirmed with the respondent that the Bank would be paying the fines. Ms. Dunn was unsure if the property was currently being rented. Based on 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 fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011, to an amount of $3,634.12, including administrative costs. Mr- Cole seconded the motion with discussion. Chair Costantino opined that the fine was too low as the Bank was collecting rent during the time of the violations. However, there seemed to be conflicting opinions on whether the property was rented or vacant, Ms. Carroll agreed to amend the fine to $5,634,12. The motion passed unanimously. Case No. 10-1517 Chase Home Finance LLC 1 Hawthorne Lane Ms. Springer presented the request and stated the notice of violation was sent May 18, 2010, for violations pertaining to the registering of the foreclosed property, removal of a bee infestation and repair of the deteriorated exterior of building. The case was heard on July 21, 2010 and no one appeared. The compliance date and fine established by the Board was July 31, 2010, or a fine of $250 a day would be imposed thereafter. The violations were corrected on May 11, 2012, having 649 days of non-compliance. Ms. Springer stated on May 14, 2012, it was requested that the building be secured, which the respondent thought was secure, but it was not. The garage door required scraping and painting, the sprinkler system needed repair, the rotted deck in the rear of the building would need repair or replacement, the mold pressure cleaned, replacement of missing screens on the patio windows, and repair of the gate. The outstanding water bill was paid. A reinspection was completed on June 7, 2012 and all violations were corrected. Margaret White, Ron Wolf and Associates, 4919 Memorial Highway, Tampa, was the attorney for the Bank. She advised the Certificate of Title was issued on the property on February 1, 2012, A lien reduction was being sought as there was a short sale contract on the property with a sale price of $49,900. A CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. BAC HOME LOANS SERVICING LP Respondent(s). 1 CASE. NO. 11 -1131 THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on June 18, 2012,, pursuant to Chapter two, Article fire 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. ?. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on ,Tune 15, 2011 on the Property located at 91 Maple Ln., Boynton Beach, Florida, with the legal description of MEADOWS PARK LT 91, according to the plat thereof as recorded in Plat Book 59, Page 33, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 07 -10- 000 -0910 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. r r,A,r ^ "''� ORDERED , 2012. after hearing at City of Boynton Beach, Palm Beach County, Florida thisJ 7 day of Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished; Honorable Mayor and the City Commission City Attorney City Clerk Respondent yy am, � �V,1.� G 1(