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09-3216 - US Bank National AssocJ Date: To: From RE: Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: 1561) 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 September 5, 2012 City Commission Code Compliance Division Code Compliance Case #093216 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: u 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) u Said review must occur within thirty (30) days of the request for review. Li 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, D 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. Arnerica's Gateway to the Gulfstream 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. 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, 2011. 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. a WZR�� The property was under contract with a non-profit agency who would do a complete rehabilitation of the property. The sale price was in the low $40's, maybe $43K - $44K The sale was handled through Wells Fargo who offers the properties to non -profits first. The Bank would pay the cost of the lien. The lien is not passed on to the buyer. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, U.S. Bank National Assoc., 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 fines instituted in the aforementioned case by virtue of this Board's Order of February 17, 2010 to an amount of $3,834.12, including administrative costs. Ms. Yorzy seconded the motion that unanimously passed. el 09-3419 Marcia J. Osowsky 730 NE 20th Larg Ms. Springer presented the case. The notice of violation was sent on October 28, 20091 regarding humanely securing a dog that must have a current tag and registration with the County. The case was heard on November 18, 2009, and Ms. Osowsky appeared. Two board orders were issued. One was to Cease and Desist by November 19, 2009 or a fine of $50 per occurrence for the leash law would be incurred, and the other was to comply by November 28, 2009, or incur a fine of $150 per day for the registration The Cease and Desist Order resulted in 10 occurrences and the date of compliance for the other Board Order was May 16, 2012. Marcia Osowksy, 730 NE 20th Lane, was present. She testified she had been in a severe accident in November and was on crutches. She commented she has complied and she was short selling the property. As for her dog, Ms. Osowsky commented she was fixed and licensed for well over a year and more likely two years. She may have misunderstood the situation. She thought the violation was corrected the first time when she addressed the matter and did not know it remained. She explained the fine accrued was worth more than the value of the home. There were 10 occurrences when the dog was on the leash. She was only aware of two violations. She requested the lien be reduced so she could sell the property. The last violation was in 2009. Since the 10 occurrences, Animal Control Supervisor, Liz Roehrich, never saw or reported another occurrence. Since there were two separate Board Orders, each had to be addressed individually. As to the registration, Officer Roehrich did call the County who verified the dog was A CITY OF BOYNTON BEACH Petitioner, VS. U. S. BANK NATIONAL. ASSOC. Respondent(s), CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 09-3216 LIEN MODIFICA'T'ION 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:. 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 February 17, 2010 on the Property located at 428 NE 14P' Ave., Boynton Beach, Florida, with the legal description of: I"' ADL) TO ROLLING GREEN LT 27 BLIP 18, according to the plat thereof as recorded in Plat Book 24, Page 86 of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-21-02-018-02.70 is REDUCED TO $3,834.12. 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 thi day of r 2012, d i1) fi 4 CI Y CLERK copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent 1 QTY CLERK'S OF' Michele Costantino, Chairperson CODE COMPLIANCE BOARD