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12-697 - Bank of New YorkPolice Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P U. Box 310 Boynton Beach, Florida 33425-0310 Phoiie: (561) 742 G100 Fax: t561) 742-C 185 G. Matthew Immler, Chief of Police Code Compliance Phone: (561) 742-6120 Fat: (561) 742-6383 an k Date: To: From RE: May 6, 2013 City Commission Code Compliance division Code Compliance Case #12-697 '10 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) u Said review must occur within thirty (30) days of the request for review. , j 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. Lj 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 an this date, the day of 1 2011. Ame?ica's Gateway to the Gulfstream Meeting Minutes Code Lien Reduction Boynton Beach, FL April 24, 2013 assigned the property and who asked for the list of outstanding violations. Tile violations were corrected and inspected by March 7, 2013. There were no outstanding water bills that had to be paid MitcW1 Mlonroe, E-sq, frorn Choice Legal Group, formerly known as the Law firrn of Marshr Wmsori, and the attorney for Fannie Mae, at 1901 West Cypress Creek Road, third fluor, F 1 1. Lauderdale, was present. He offered apologies for Fannie Mae taking so long to correct the violations. He explained some assets were brought into compliance quickly Lind som - 3 were riot. Fannie Mae was offering 10% of the face value of the lien, plus costs to settle. They have taken a huge loss on the property. It is listed for $34,900, 16th no interested parties. The Final Judgment in the bank foreclosure was $179,322,70, and they spent $27,000 to rehab the property. The lien is $38,834. He offered no further testimony. Chair Cosu not: d there was a letter in the packet to review, which explained there v, three heiis before thern. Ms. Springer contacted him this week to advise she spoke vvith the City's legal counsel and two cases were removed. The only valid case was Case No. 11 -1405. The original offer was for all three of the lien. They still wanted to offer 10 1 /'. but only for the one valid lien. The first case was foreclosed on and the second case was against HSBC Bank, who had tho Certificate of Title and Fannie Mae purchased the property. The violation on the valid case was only for the registration of the property. M oil on Based on the llostiniojiy and evidence presented in the aforementioned case, and having been advisee` that the Respondent has cornplied with all lien reduction procer:IUIUS Set f(ifth iP SeCti0r) 2-8 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Ch di Cole moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of September 21, 2011, to an amount of $3,883 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. U a S e NQ. 2 Bank of New York 1096 SVV27 Avenue Ms, Springer pre, termed th(, roqUeSL The notice of violation was sent on April 20, 2012, f ior violations pertainin g - 1 to foreclosed property registration, to secure the structure on I I ,he west side, replace or repair roof and soffit over the front door, repair or replace the garage door, replace iiiissing sci mow, weed arid trim all overgrowth, remove trash and debris and outside storage and repair the hole an the east side of the house. 1 case was heard on June 20, 2012, and no one appeared, The compliance date and fine set by the Board was June 30, 2012, or a fine of $1,000 per day would be ijnpor :ed, The violadons were corrected on April 22, 2013. The reduction application fee I Meeting Minutes Cade Lien Reduction Boynton Beach, FL Aprit 24, 2013 was paid. Ms. Springer was contacted at the end of March, and advised the attorney of record of the outstanding violations and a list of what needed for a lien reduction, in audition to the original violations that remained. The additional items were to repair the sprinkler systern, obtain a permit for the garage door installation, replace missing soffit screens, obtain a pemrit for the installed French door, remove horticultural debris, weed and mulch planted areas and rernove concrete rubble. There was an outstanding water bill of $1,167.17 that needed to be paid. She was again contacted on April 11, 2013, for a re-inspection. At that point, the garage door permit had not been issued, nor was the water bill paid. Officer Ray inspected the property on April 12, 2013, The screens needed to be installed, the horticultural debris needed to be removed and the property needed to be mulched and rnovvec. The re-inspection or, April 22, '2013, showed all issues were corrected and all porrYraT r vvore fin"d _ AvI Stern, ;;•5 N. F_-deral Highway, 0­,LfltC- J, Boca Raton, e this case had the wrong bank listed. The owner was Deutsche Horne Loan Funding. He explained this property was bought at 2 courthouse foreclosure sale. They were not aware of the lien, but when the lien search was done, they contacted Ms. Springer to try to address all the violations at one tiii This did not occur, but all the violations were corrected by the second visit. Ms. Sp!Irige. stated, for the record, the final SUmmPry Ldgment lists the Bank of New A, as lh pro;)erty fawner. IVis. Brenner inquired it Mr. Stern inspects the property before PL1r(_1n86iI i(J or ii he purchases them off a list, Mr. Stern explained with judgments at foreclosure sales, they are riot given an opportunity to inspect, but they do try to drive by. That is not always possible as sornotimes there are 150 properties and they cannot go to every one, Ms. Brenner pointed out liens can be found online or by calling the C ity. Ms. Brenner explained this property was near her house and it was poorly maintained, Mr. Stern stated for the record they buy many properties and many in Boynton Beach, They ri- and clean them up, hopefully improving the neighborhood. fvIr. Stern he PUrnased the property for just over $130,000. They put on a CK11W I �iiid niade gar g-, door rep3irs. The boarded windows in the back were replaced, landscaping was added, new flours were installed throughout the house and they paiwe, both the inside and outside of the house. There was alot of work. 'File contract foll apart, since they learned of the lien at the end, and they were waiting for the hearing to close. He thought the buyer might find some where else to move. The buyer was also present. 6 Meeting 10nutc-s Code Lien Reduction Boyntarf Elea h, FIL April 24, 2013 MR= b,sed (�n diCt LOSUMCC)y and evidence presented in the aforementioned case, and laving een advised that the Respondent has complied with all lien reduction procedures set forth 'H Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordifiarices, Mrs, Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of $3,634.12 including administrative costs. Ms. Carroll seconded the motion that failed 2- 3 (Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting.) Discussion followed the amount was too low and the neighborhood suffered. Ms. Brenner commented this was a big issue and a longstanding violation. The poor condition, of the home damages the neighborhood and the violations infringe an abutting properties. She suggested a higher amount. Ms. Carroll differ,2d ano explained vendors were coming into the community and taking prooler properlit s that have been around for a long time, that caused health hazards for the -con imUlf Lind property values to drop, fixed them and sold them to people who will maintain then). She pointed out the role of the Board is compliance and this case was complied not by the fault of this rnan, who was the one who fixed it. She expressed the $3,634 was an adequate fine to cover the City's costs to eliminate the problem. DISCL,s" ioilo.a d uhere were !we sides to the issue and that courthouse auctions are U t i or? Based on tine tee tiniony arid evidence presented in the aforcri case, and having beef-, advised that the Respondent has complied with 0 lien reduction proc--dures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, N/Is. Brenner moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of June 20, 2012, to an amount of $8,850, Including administrative costs. Vice Chair Cole seconded the motion that passed 3-2 {Mrs. Yer, and lWs. Carroll dissenting.) Case No. 12-51t- Emigrant Fuinding Corp, 717 1 - 10th Avenue Attorney Bridgerriclif Udiiiinistered an oath to the Respondent. Ms. Springer presented the case. The notice of violation was dated March 28, 2012, pertaining to mowing, trimming and needing a Business Tax Receipt. The respondent needed to sod dead areas of the lawn. The case was heard on May '16, 2012, and Joy Vlatfingiy, iepre.s- the bank appeared. The compliance date and fine set by the I CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 12 -697 BANK OF NEV' YORK Respondent's). LIEN NIODIF'ICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on April 24, 2013, 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 inet all the lien reduction procedures established by the City Code of Ordinances. 3. The lien unposed by the Board on June 20, 2012 on the Property located at 1096 SW 27"' Ave., Boynton Beach, Florida, with the legal description of: GOLF VIEW HARBOUR 1 SEC. LT 10 BLK 8, according to the plat thereof as recorded in Plat Book 26, Page 178, of the Public Records of Palm Beach County, Horida, PCN: 08- 43- 45 -32 -02- 008.0100 is REDUCED TO $8850.00. 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 tune 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 nioditied 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 they 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 a day of , 7 013. Michele Costantino, Chairperson CODE COMPLIANCE BOARD ATTEST;