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11-896 - Deutsche Bank National Trust - 3391 Orange StreetPollice Department "A CPA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P. 0. 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: January 25, 2013 City Commission Code Compliance Division Code Compliance Case #11-896 POLI 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 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, , 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 GuZfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL December 17, 2012 Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Boynton Shipwreck, Inc., 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 August 17, 2005, to an amount of $1,934.12, including administrative costs. Mr. Cole seconded the motion. The motion passed unanimously, Case No. 11-896 Deutsche Bank National Trust 3391 Orange Street Ms. Springer presented the details of the case. The notice of violation was issued on April 21, 2011. It came before the Board on June 15, 2011 and no one appeared. The proposed compliance date was June 25, 2011 or $150 per day. The compliance date was on November 16, 2011, for 143 days of non-compliance. There were many items that needed to comply before becoming eligible for a lien reduction such as missing glass on the front door, replace the rear door and steps, obtain permits for newly installed windows, trim overgrowth, remove outside storage, trash and debris, replace mailbox, repair sprinkler system, replace shed door and remove shed trash. Notice was given in April and the realtor had been working diligently to complete the outstanding items. Chair Costantino called for a recess at 7:12 p.m. Chair Costantino reconvened the meeting at T21 p.m. Brian Koch, was an authorized representative and proposed buyer of the property. He advised the repairs on the home were more significant than he had originally anticipated, as well as the liens on the property that had to be paid. Even though he does not own the property at this point, he paid the monies. He was requesting as much of a reduction as possible. The property was previously under contract with someone else and that contract fell through. The realtor renegotiated with him and he had paid the maintenance and repairs on the property to become compliant. There was discussion on the amount of fine per day and that the amount was high for an overgrown yard, since Mr. Koch was only responsible for the maintenance portion of the violation. Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust 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 01 Meeting Minutes B o y n t o n B a ai:c�h�7,!F IL December 17, 2012 in the aforementioned case by virtue of this Board's Order of June 15, 201 to an amount of $1,634,12, including administrative costs. Mr. Bucella seconded the motion that passed unanimously. Case No. 11-1486 Deutsche Bank National Crust 5 Buxton Lane Ms. Springer presented the details of the case. The notice of violation was issued on June 20, 201 It came before the Board on August 17, 2011 and no one appeared. The proposed compliance date was August 27, 2011 or $200 per day. The compliance date was on September 4, 2012, for 373 days of non-compliance for a total amount of $74,600 plus administrative costs. Elsie Kaprel, was a realtor with Century 21 appearing on behalf of the seller, advised the property was listed on November 2, 2010 as a short sale. From that date on, multiple offers were made on the property which were submitted to the Bank and declined for one reason or another. The water bill lien had been paid by the seller. On July 26, 2012, Ms. Kaprel wrote a letter to the negotiator at the Bank and indicated they were ready to close on July 31 but was unable to do so due to the Bank's negligence. The seller attempted to rectify the issues with the City of Boynton Beach but was unable because the lien was not against the seller, but it was against the Bank. In 201 the property was broken into and the seller immediately repaired the property so that intruders could not come in. Ms. Kaprel further advised she wrote a letter to the negotiator on July 26, 2012 indicating the liens and the inability to close, even though there was a closing date. The negotiator advised them that no one could take care of the liens except for their preservation team. Even after telling them what needed to be done, the negotiator indicated nothing could be done until the preservation team took care of the liens. To date, nothing had been done. The last correspondence she had was on October 24, 2012 requesting a status and had received no response. The property was currently compliant and it was evident the Bank was not willing to cooperate. There was brief discussion on who the fine would be levied on, The Board wants the Bank to be responsible since the Bank was cited, but Ms. Kaprel advised that the responsibility would be with the owner since the property was not yet in foreclosure, but in a short sale status. In the meantime, the homeowner association fees continued to build and are approxiamtely $9,000 and until this issue is settled, those fees would continue to grow waiting for the home to close. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Deutsche Bank National Trust has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton I! CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. DEUTSCHE BANK NATIONAL TRUST Respondent's). CASE NO, 11 -896 LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on December 17, 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 June 15, 2011 on the Property located at 3391 Orange St., Boynton Beach, Florida, with the legal description of: ROLLING GREEN RIDGE SEACREST ADD S 15 FT OF LT 7, ALL OF LT 8 & N 7.5 FT OF LT 9 BLK 12, according to the plat thereof as recorded in Plat Book 25, Page 22, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45- 09 -13- 012 -0071 is REDUCED TO $1,634.12. 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. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this I day of 2013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST: 1