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11-1733 - Victor & Sandra SantiagoPolice epark ment "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P. D. 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: September 5, 2012 City Commission Code Compliance Division Code Compliance Case #11-1733 O POLIO 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: a 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) o Said review must occur within thirty (30) days of the request for review. Lj 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, u 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 , 201 America's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FIL UMMINAM The property is in foreclosure and the Bank was Wells Fargo. The issue was strictly a Bank obligation. Laura Fabrizio, 4919 Memorial Highway, Tampa, Attorney for the Bank testified they received Certificate of Title on February 2011. They were in compliance, but she did not have the Affidavit of Compliance. The property was a single family home. It was not sold. Mr. Foot thought $16 thousand may be in line with the damage done to the neighborhood due to its appearance. There was also brief discussion that all fines were deposited into the General Fund and was inclusive of the administrative costs, so the administrative amount did not have to be added on. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Aries Jovin, Elnita L. Garcia & Marie P. Dorceus, have 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 October 1, 2009, to an amount of $1,6,000, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Ms. Springer presented the case, The notice of violation was July 6, 2011, for violations to mow and trim the yard. The case was heard on August 17, 2011, and no one appeared. A compliance date was set for September 1, 2011, or a fine of $100 per day would be imposed thereafter. The violations were corrected on December 7, 201 Ms. Springer spoke with an individual on May 25th, and they were given a list of corrections to be made to apply for a lien reduction including replacing the air conditioning, an air handler, repair pool pump and fence, pressure clean the pool and repair open wiring. There were no outstanding bills to be paid at the time. Diane Balsara, 1200 S. Federal Highway, Unit 307, Boynton Beach, with NautIca Realty, testified she received the property on May 11, 2012. The Certificate of Title was issued on April 21, 2012, and they immediately contacted Code Compliance and reviewed the list of needed repairs. Additionally, the soller made additional repairs that were not required. The property was under contract and set to close. She had before and after photographs for the Board's review, The property had been in foreclosure. When the mowing violations were incurred, the property was not in foreclosure at the time and the prior owner was cited, To her knowledge the prior owner corrected the 1 '09 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 violation and then the property was foreclosed. The bank owns the property and the servicer was Wells Fargo. They put considerable funds into the property. They needed additional repairs in order to qualify for the lien reduction such as improper gate latches on the fence, the pool was not maintained, exterior and screen enclosure repairs were made. They painted the interior and installed new carpeting. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Victor & Sandra Santiago, have 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 August 17, 2011 to an amount of $3,034.12, including administrative costs. Mr. Cole seconded the motion that unanimously passed. lllffmflllr « Ms. Springer presented the case. The notice of violation was October 7, 2009, regarding registration of a foreclosure property. The case was heard February 17, 2010, and no one appeared. A compliance date was set for March 4, 2010, or a fine of $50 per day would be incurred thereafter. The violations were corrected on December 6, 201 1. This property had a long list of violations. Although the property was originally cited for just registration, the respondent had to have the windows repaired, install screens, repair the fence and gate, the sprinkler system and reduce loose articles. Those violations were corrected by July 23, 2012. Ms. Balsara first contacted Code Compliance on May 25, 2012, so the items were addressed in less than one month. Diane Balsara, 1200 S. Federal Highway, testified they received the property in December of 2011. It was tenant occupied and they were not able to access the property. They offered cash for keys and per federal statute, tenants are allowed 90 days of occupancy. The tenants extended their occupancy resulting in the Sheriff conducting a lock out. They did not have access to the property until April 25th. Chair Costantino inquired if Ms. Balsara understood the case arose because the Bank failed to register the property. Ms. Balsara could not answer for the Bank, but believed the property was registered at the time they received it. The registration was addressed two years later, Ms. Balsara had no knowledge of what occurred with the properties prior to receiving them as the properties go from attorney to attorney and servicer to servicer. Ms. Springer informed the members the Bank used the Law firm of David Stern, The attorney was notified, but U.S. Bank was not directly notified. 7 CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. VICTOR & SANDRA SANTIAGO Respondent's). CASE NO. 11 -1733 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on August 20, 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 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 Aueust 17, 2011 on the Property located at 604 NW I" Ave„ Boynton Beach, Florida, with the legal description of: LAKE BOYNTON ESTATES PL I LT 1 & E 17.5 FT OF LT 2 BLK 5, according to the plat thereof as recorded in Plat Book 13, Page 32 of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 29 -01- 005 -0010 is REDUCED TO $3,034.12. 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 2012. after hearing at City of Boynton Beach, Palm Beach County, Florida this day of ' ST CIT CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk 1 Y` w Respondent F1 11 i N V, Michele Costantino, Chairperson CODE COMPLIANCE BOARD QTY CLERK'S OFFICE