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11-1586 - Bank of New York Mellon - 501 W. Ocean Ave.Police Department "A CPA Accredited Law Enforcement Agency 100 B. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-031 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fax; (561) 742-6383 Date: To: From RE: July 10, 2012 City Commission Code Compliance Division Code Compliance Case #11-1586 0 �`1�g z 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: Lj 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) ci Said review must occur within thirty (30) days of the request for review. zi 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, , 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 Case No. 09-3324 Wachovia Mortgage 7801 Manor Forest Lane Diane Springer, Code Compliance Coordinator, presented the case. The notice of violation was October 14, 2009 for violations pertaining to registering property and to mow yard areas. The case was heard on January 20, 2010, and no one appeared. The compliance date and'fine established by the Board was February 4, 2010, or incur a fine of $250 a day thereafter. Compliance was documented on May 6, 2010, having 90 days of non-compliance, Ms. Springer received the first email on January 4, 2012 to perform a lien reduction inspection. The results found that missing screens had to be replaced and the gate needed repair. It took 20 days from the email date for the property to be in compliance. Water, taxes, and registration were up to date. Robert Spear, 51 East Commercial Blvd,, Ft. Lauderdale, FL, representative for Wachovia Bank, advised the office requested a fine reduction to $1,000. The office received the Certificate of Title in December of 2011 and at that point, they began taking care of the property. On December 28 an email was received stating they had complied and the fine was no longer accruing on the property. The property was now in a foreclosure process again. The notice of lis, pendens was June, 2009, with final judgment in October, 2011. Mr. Bucella noted the liens began in 2009 and the bank became the owner when they foreclosed on the property in late 2009, early 2010. There was no buyer for the property due to the second foreclosure issue. zr*Tmt 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 January 20, 2010, to an amount of $3634.12, including administrative costs. The motion was seconded by Ms. Carroll and unanimously passed, Case No. 11-1586 Bank of New York Mellon 501 W. Ocean Ave. Ms, Springer presented the case, and indicated the notice of violation for this case was June 23, 2011 for violations pertaining to registering the foreclosure property, clean and maintain pool, secure openings, remove trash and mow and trim yard. The case was heard on December 21, 2011, and no one appeared. The compliance date and fine established by the Board was December 31, 2011, or a fine of $300 a day would be imposed thereafter. The violations were corrected on May 29, 2012, having 149 days of non-compliance. Ms. Springer advised the first lien reduction inspection was done on April 30, 2012. There were grass and weed issues that still needed to be completed, the pool needed 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida Juno 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. TITNTU91111 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. 11-173 U.S. Bank National Assoc. 2850 SW 4�" Street Ms. Springer presented the case and indicated the notice of violation was sent January 24, 201 for violations pertaining to removing trash, mowing grass and weeds and securing the building. The case was heard on March 16, 201 and no one appeared. The compliance date and fine established by the Board was March 23, 201 or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on June 20, 201 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 CODE. COMPLIANCE BOARD CITY OF BOYNTON BEACH, ]FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. BANK. OF NEW YORK. MELLON Respondent(s). CASE NO. 11-1586 LIEN MODIFICATION ORDER 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 Eve 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 December 21, 2011 on the Property located at 501 W. Ocean Ave.. Boynton Beach, Florida, with the legal description of: BEVERLY HILLS ADD 3 LT 33 (LESS W 3 FT), LTS 34, 35 & 36 BLK 72, according to the plat thereof as recorded in Plat Book 13, Page 64, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -28 -15 -072 -0331 is REDUCED TO $5,634.12. 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. ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 2012. Michele Costantino, Chairperson CODE COMPLIANCE BOARD � OL- copies furnished: Honorable Mayor and the City Commission City Attorney;y City Clerk .. ; l;,y n . C' Respondent rt„