11-3002 - Deutsche Bank National Trust - 5 Buxton Lane1111 �11 Ir
Police Department
"A CPA Accredited Law Enforcement Agency"
1 00 E. Boynton Beach Bou levard
P. 0, Box 310
Boynton Beach, Florida 33425-0310
Phone: (561) 742-61
Fax: (561) 742-6185
G. Matthew Immler, Chief of Police
Code Compliance
Phone: (561) 742-6120
F= (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
January 25, 2013
City Commission
Code Compliance Division
Code Compliance Case #11-3002
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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:
o 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)
:j 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.
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 1 2011.
America's Gateway to the Gulfstream
Meeting Minutes
Code Lien Reduction
Boynton Beach, FL December 17, 2012
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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 August 17, 2011 to an
amount of $634.12, including administrative costs. Mr. Bucella seconded the motion
that passed unanimously.
Case No. 11-3002 Deutsche Bank National Trust 5 Buxton Lane
Ms. Springer presented the details of the case. The notice of violation was issued on
October 31, 2011. It came before the Board on January 18, 2012 and no one
appeared. The proposed compliance date was January 28, 2012 or $200 per day.
Compliance date was on September 4, 2012, for 219 days of non-compliance for a total
amount of $43,800 plus administrative costs. The information on the details of the case
would be the same as the previous case.
Elsie Kaprel, was a realtor with Century 21 appearing on behalf of the seller, She
advised she had nothing further to add on this case.
Mr. Foot commented that Duetsche Bank should be held responsible because this was
a health issue. He stated that the Bank was not in a position to go in and remove the
bees and the property owner was still in possession of the property who should have
controlled the situation. Chair Costantino advised as soon as the Lis Pendens was
filed, under the Ordinances for Registration of Property, the Bank put themselves in the
middle of the game. They were cited for registration and maintenance issues and the
bees were considered part of the maintenance issues. Ms. Kaprel stated the owner
was not aware of the bees nest until recently. Ms, Springer confirmed this and stated
the problem was resolved,
1 1 , 1 i •
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondent, Deutsche Bank National Trust has compiled 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 January 18, 2012 to an
amount of $2,500 plus 634.12, administrative costs for a total of $3,134.12. Mr. Bucella
seconded the motion that passed unanimously.
Case No. 12-281 Fred & Pam Greenspan 18 Southport Lane, Unit C
Ms. Springer presented the details of the case. The notice of violation was issued on
February 15, 2012. It came before the Board on July 18, 2012 and no one appeared.
The proposed compliance date was July 28, 2012 or $50 per day. The compliance date
was on December 6, 2012, for 130 days of non-compliance for a total amount of $6,500
plus administrative costs,
W,
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, ]FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 11 -3002
DEUTSCHE BANK NATIONAL TRUST
Respondent's).
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:
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 ,Ianuary 18, 2012 on the Property located at 5 Buxton Lane, Boynton
Beach, Florida, with the legal description of:
BOYNTON LAKES PL 5 LT 15 BLK 2, according to the plat thereof as recorded in Plat Book 52, Page 105, of the Public
Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 08 -09- 002 -0150 is REDUCED TO $3,134.12.
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 this q day of
201 .
ATTEST:
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
City Clerk
Respondent mum
' 4 20 a
CITY CLERK'S OFFICE