11-136 - Deutsche Bank Trust CoPolice Department
"A CFA Accredited Law Enforcement Agency"
IGO 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:
June 3, 2013
City Commission
Code Compliance Division
Code Compliance Case #11-136
z
61
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)
j 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.
o 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 Gut t Cream
Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, FL May 22, 2013
landscape plan on file, which may have caused the disconnection. Mr. Perez aiso
noted there was a revision made to the plan and staff would find dead vegetation that
did not belong there. They assured the members CVS would spend the money to meet
the plan, but some of the landscaping that is currently onsite does not belong there and
will die and it will be replaced with something that will survive.
Chair Costantino inquired how often Mr. Perez inspects the property. Mr. Perez
explained he does what he can, but he runs 1,200 stores. If something is noticed, he is
contacted and the matter is addressed. Mr. Perez started with CVS in October of 2012
and started noticing many things. He pointed out there is another store nearby which
already had trees replaced and mulch added.
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,
Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case
by virtue of this Board's Order of September 15, 2013, to an amount of $12,634.12,
including administrative costs, Vice Chair Cole seconded the motion that unanimously
passed.
is E 8
Deutsche Bank Trust Co. 1019 Fairfax Circle
Ms. Springer presented the case. The notice of violation was sent on January 20, 2011,
for violations pertaining to registration of foreclosed properties. The case was heard on
March 16, 2011, and no one appeared. The compliance date and fine set by the Board
was to comply by March 26, 2011, or a fine of $100 per day would be incurred
thereafter. The case complied on December 22, 2011, having 270 days of non-
compliance and a fine of $27,000 accrued,
Ms. Springer was first contacted in March for the lien reduction. An inspection occurred
on March 4, 2013, and it was eligible for lien reduction at that point. They had no other
violations on the property, and the property taxes and water bills were current. She
complimented the Respondent that the property was in perfect condition when they
inspected it for the lien reduction meeting.
Richard Cary, representing Housevilla LLC and Kristin and Terry Burnstein, was
present and explained Deutsche Bank no longer owned the property, It was bought by
Housevilla LLC at a foreclosure sale on July 5, 2012, six months after the violations
occurred. By that time, the property was already brought to Code by Deutsche Bank.
There were several mortgages on the property. The second mortgage was first
foreclosed on by Deutsche Bank, and was then foreclosed on by the senior mortgagee,
another Deutsche Bank. His client was the owner who purchased the property at the
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Meeting Minutes
Code Compliance Lien Reduction
Boynton Beach, FL May 22, 2013
foreclosure sale auction. At that time, there were no Code violations. The property was
then transferred to Kristine and Terry Burnstein, who he also represents. They were
requesting the lien reduction because at the time they took ownership, there were no
violations.
Discussion followed the property was purchased in 2012, and the fine started in 2011,
Vice Chair Cole inquired if a lien search was done. Attorney Cary reiterated it was a
foreclosure auction. Often when purchasing a foreclosure at auction in Boynton Beach,
a search must be done through Conduits. If the property is not listed, which was the
case when his client purchased the property, there was still some risk, and there was
not enough time to do the needed research. His client has purchased several homes in
Boynton Beach and has always complied. This was the first time he purchased a
property and there was a Code violation. The lien did not show when the search was
done under the previous owner's name.
Based on testimony and evidence presented in the aforementioned case and having
been advised that the Respondents 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,
Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of March 16, 2011, to an amount of $3,634,12,
including administrative costs. Mr. Borelli seconded the motion. The motion failed 2-3
(Ms. Yerzy, Ms. Brenner and Chair Costantino dissenting.)
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,
Ms. Brenner moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of March 16, 2011, to an amount of $2,000.00,
including administrative costs. Ms. Yerzy seconded the motion that unanimously
passed,
Case No. 12-2283 Lake Success Rentals LLC 121 SW 7th Avenue
Ms. Springer presented the case. The notice of violation was sent on November 16,
2012, for violations pertaining to needing a Business Tax Receipt, The case was heard
on January 16, 2013, and no one appeared. The compliance date and fine set by the
Board was to correct the violations by January 26, 2013, or a fine of $300 per day would
be incurred thereafter. The violations were corrected on April 10, 2013, having 73 days
of non-compliance and a fine of $21,900 accrued.
0
CODE COMPLIANCE BOARD
CITY OF BO'YNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs. CASE NO. 11136
DEUTSCHE BANK TRUST CO.
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 May 22, 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 met all the lien reduction procedures established by the City Code of Ordinances,
3. The lien imposed by the Board on March 16, 2011 on the Property located at 1019 W. Fairfax Cir., Boynton
Beach, Florida, with the legal description of:
LAWRENCE GROVE PL 1 REPL LT 142 BLIP 1, according to the plat thereof as recorded in Plat Book 66, Page 55, of the
Public Records of Palm Beach County, Florida,
PCN: 08- 43- 45- 07 -12- 001 -1420 is ]REDUCED TO $2,000,00.
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
3iday of
' 2013.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
=a
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent