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11-173 - US Bank National Assoc. - 2850 SW 4th StreetPolice Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 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: July 10, 2012 City Commission Code Compliance Division Code Compliance Case #11-173 C' 0 V 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". 1, .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 , 2011. America's Gateway to the Gulfstream Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2012 to be cleaned, trash and debris had to be removed, overgrown holly and sea grape had to be trimmed, the property was unsecured, there were rotted fascias and soffits and the fence needed to be repaired. In addition, they had to remove a rotted shed, replace rotted doors and frame in the rear of the property, replace missing screens and windows, and outside storage had to be removed, specifically a generator and a hot tub. It was reinspected on May 29, 2012 and all the items were completed. There were no outstanding water bills or taxes. Thomas Sedik, 2000 NW 146 Avenue, Pembroke Pines, was the listing agent representing the Bank. He advised the property was made compliant as soon as they were aware of the violations. The reason why there was a lengthy time span between notification and finalization was due to the Bank having a bid approval processes for all repairs. A specific vendor was used. The vendor took the time needed to get the property into compliance. There was a buyer that was ready to close as soon as there was a reduction in the lien. The sale price was $85,000. 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. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of December 21, 2011, to an amount of $5,634.12, including administrative costs, Mr. Bucella seconded the motion that unanimously passed. Case No. 11-1173 U.S. Bank National Assoc. 2850 SW 4 th Street Ms. Springer presented the case and indicated the notice of violation was sent January 24, 2011, for violations pertaining to removing trash, mowing grass and weeds and securing the building. The case was heard on March 16, 2011, and no one appeared. The compliance date and fine established by the Board was March 23, 2011, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on June 20, 2011, having 88 days of non-compliance. Ms, Springer advised there were outstanding property taxes and water bills prior to lien reduction. There were also permits pulled to correct some problems on the property and there was a wait until those were final before proceeding with lien reduction. When all was completed, the City was contacted in April. Chris Grave, 1860 Old Okeechobee Road, West Palm Beach, advised he purchased the property from the Bank on August 10, 2011. In the beginning of July, he emailed Ms. Springer because they were under contract at that time, The Bank informed Mr. Grave there was a Code lien and there was no way the house could be sold with the 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida June 18, 2012 UWAwa—W 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. W= 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. N, CODE COMPLIANCE :BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11 -173 U. S. BANK NATIONAL ASSOCIATION Respondent's). LIEN MODIFICATION ORDER THIS CAUSE carne before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on Jayne 18, 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 Iien 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 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 March 16, 2011, on the Property located at 2850 SW 4`" St., Boynton Beach, Florida, with the legal description of: SEACREST HILLS SUB PB25P74 LT 13 BLK 6, according to the plat thereof as recorded in Plat Book 25, Page 74, of the Public Records of Palm Beach County, Florida, PCN. 08- 43- 45- 33 -01- 006 -0130 is REDUCED TO $8,634.12. The City shall prepare a release and satisfaction consistent with this Order. 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. Michele Costantino, Chairperson CODE COMPLIANCE BOARD T: CLERK copies furnished: Honorable Mayor and the City Commission City Attorney._.., ._ ,. City Clerk Respondent #� 4 T k r vLE - "I'K' i "I G i2