10-1513 - US Bank National AssocDate:
To:
From
RE:
Police Department
"A CRA Accredited Law Enforcement Agency"
100 E. Boynton Beach Boulcuard
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
September 5, 2012
City Commission
Code Compliance Division
Code Compliance Case 410-1513
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)
D Said review must occur within thirty (30) days of the request for review.
D 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 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
America's Gateway to the Gulfstream
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL August 20, 2012
registered on May 16, 2012, Ms. Osowsky commented Dr. Armstrong had seen the dog
for over two years and she was micro -chipped at least a year and a half ago.
Discussion followed about the fine amounts. The Cease and Desist order would not be
reduced and the request would be denied. The remaining Board Order would be
reduced to $1,180.15.
Mm
Based on the testimony and evidence presented in the aforementioned case, and
having been advised that the Respondent, Marcia J. Osowsky, has complied with all
lien reduction procedures as set forth in section 2-84 through 2-89, the City of Boynton
Beach Code of Ordinances, Mr. Coles moved that the fine instituted in the
aforementioned case by virtue of the Board's Order remain as stated in said Order, Ms.
Yerzy seconded the motion that unanimously passed.
Chair Costantino reminded Ms. Osowsky that she was still under a Cease and Desist
Order, and if the dog was caught without the lease, more fines would be incurred,
Motion
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. Foot moved that this Board reduce the fines instituted in the aforementioned case
regarding the registration, by virtue of this Board's Order of November 18, 2009, to an
amount of $1,180.15, including administrative costs. Mr, Bucella seconded the motion
that unanimously passed.
Ms. Springer presented the case. The notice of violation was May 18, 2010, regarding
registration of a foreclosed property and to secure openings. The case was heard on
July 21, 2010, and no one appeared. The compliance date set was July 31, 2010, or a
fine of $150 would be imposed thereafter. The violations were corrected August 22,
2011.
Ms. Springer was in contact with a realtor in August of 2011, who was working toward
lien reduction and then heard nothing occurred until recently. The property owner, Mr.
Joanty, came to City Hall and learned of the lien. The title company did not conduct the
search from the bank or former owner's name and never found the lien. In order to
come into compliance, he had to replace a missing air conditioner and broken windows.
All of it was done. The air conditioner was replaced, but the contractor did not pull a
A
Meeting iMinutes
Code Lien Reduction
Boynton Beach, FL August 20, 2012
permit. Ms. Springer spoke with the owner on August 17, 2012, and he was ready for
lien reduction two weeks later.
Eric Jeanty, 14797 Cumberland Drive. Delray Beach, purchased the property on May
24, expecting to receive a clear title. He did a routine search to ensure the property was
recorded and discovered the lien the title company failed to discover. The property was
the best looking property on the block. He spent much money addressing the items the
Bank did not in order to resolve the issue with the City. The property would be an
investment property. It was not currently rented because he had to address the items in
order to obtain the Business Tax Receipt.
Mr. Foot inquired if there was any evidence if the openings were secure before
registration. Ms. Springer explained the property was in complete compliance on
August 22, 2011. There was a real estate agent working towards the lien reduction who
stopped pursuing the reduction. When Mr. Jeanty purchased the property, the agent
did not disclose there was a lien. Mr. Jeanty discovered the lien when he was checking
to ensure the sale was filed.
The title company was in Georgia. U.S. Bank uses a lot of offshore workers whom, he
believed were located in India. When he contacted them, they did not respond until
today. Mr. Jeanty would have to get an attorney to resolve the issue. Ms. Springer
confirmed Alte Source, the company Mr. Jeanty dealt with, was a company in India as
she deals with them every day.
Mr. Jeanty explained he spent about $16,000 on repairs, The violations were in
compliance before that time.
Motion
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. Cole Moved that this Board reduce the fines instituted
in the aforementioned case by virtue of this Board's Order of July 21, 2010, to an
amount of $2,634,12, including administrative costs. Ms. Yerzy seconded the motion
that passed 4-1, (Mr. Foot dissenting.)
Case No. 11-3343 Victor & Barbara Dieguez 2313 N. Congress Ave. #17
Ms. Springer presented the case. The notice of violation was December 12, 2011
pertaining to a Business Tax Receipt. The case was heard on December 15, 2012 and
no one appeared. A compliance date was set for February 25, 2012, or a fine of $150
per day would be imposed thereafter. The violations were corrected on August 8, 2012.
The green card regarding the hearing was signed.
0
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
U. S. BANK NATIONAL ASSOCIATION
Respondent(s).
CASE NO. 10-1513
LIEN MODIFICA"T"ION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on August 20, 2012, pursuant to Chapter two, Article five of the City Code of Ordinances. The Board having
considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date
of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent
information relating to the specific case and being otherwise duly advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that:
I . This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent.
2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances.
3. The lien imposed by the Board on July 21, 2010 on the Property located at 410 NW 3rd St., Boynton Beach,
Florida, with the legal description of:
RIDGEWOOD HILLS N 30 FT OF LT 9 & S 40 FT OF LT 10, according to the plat thereof as recorded in Plat Book 23,
Page 250 of the Public Records of Palm Beach County, Florida,
PCN: 0$-43-45-21-16-000-0091 is REDUCED TO $2,634.12.
4. The City shall prepare a release and satisfaction consistent with this Order.
5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's
expense.
6. This Order is not final until the time period for appeal tinder the Code has elapsed and if appealed is properly
disposed by the City Commission.
7. In the event that the property owner does not comply with the Code Compliance Board order, as approved or
modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no
further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be
permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien
reduction.
DONE AND ORDERED after hearing at City of Boynton Beach, Patin Beach County, Florida this day of
2012.
copies f'umished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
A Kv, . t ZA, 0 12
QTY CLERK'$ OFFICE
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD