11-3177 - Bank of America NAPolice Department
'A CPA Accredited Law Enforcernent Agency"
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Phone: f561) 742-6100
Fax: (561) 742-6185
Jeffrey Katz
Chief of Police
Code Compliance
Phone: (561) 742-6120
Fax: (561) 742-6383
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date:
To:
From
RE:
November 26, 2013
City Commission
Code Compliance Division
Code Compliance Case #11-3177
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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:
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)
❑ Said review must occur within thirty (30) days of the request for review.
u 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 on this date, the _ day of
America's Gateway to the Gu?fstream
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ODE COMPLIANCE LIEN RED1 1 CTIOA
BOYNTON BEACH, FLORIDA OCTOBER 23, 2013
Case No. 11-3177 Bank of America, NA 131 NW 1 0th C
Ms. Springer presented the case. The notice of violation was November 23, 2011 for
repair or replacement of the roof. The Code Compliance hearing was February 15,
2012 and no one appeared. Compliance date and fine set by the Board was February
25, 2012 or $200 a day. There was compliance on September 23, 2013 for 575 days of
non-compliance at $200 a day for a total fine amount of $115,000 plus administrative
costs of $634.12. The application fee was paid. Ms. Springer advised she was first
contacted on September 20, 201' 3 that a new roof had been installed. The property was
in compliance and Respondent requested a lien reduction inspection. The Code Officer
found there was rotted wood on the rear door and soffit to be repaired or replaced. On
October 7, 2013 the property was re-inspected and passed for a lien reduction. There
were no outstanding water bills or taxes due on the property.
Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained she was notified of
the violation on the property in July 2013. An estimate to replace the roof was obtained;
however, the HOA halted any repairs to the roof because there was other construction
going on in the community. A new roof was put for $11,425. When inspectors came
out to re-inspect on October 1, 2013 they found the fagade needed to be redone. On
October 7, 2013 the repairs to the fagade were completed at a cost of $450. Mr.
Cwynar asked if this is a bank owned property and if the Bank has title. Ms. Michie
replied the bank does have title since the beginning of 2013. Ms. Springer noted the
bank was notified on November 23, 2011. Chair Costantino commented although the
registration fee is not in question, someone at the Bank did register the property. Ms.
Michie indicated Nautica Realty registered the property on December 20, 2012. Ms.
Michie estimated the house value was $120,000. Ms. Brenner asked if the violations
were noticed at the time of the listing or more recently. Ms. Michie replied the Nautica
Realty was notified in July that there was a Code violation. A tarp was put on the roof
on January 15, 2013 due to a leak. Nautica Realty was notified in July of the Code
violation but the HOA for the property would not let the work begin. Nautica Realty also
had to obtain the permit and a letter from the Bank allowing the company to do the
work. Unfortunately the process takes longer with the Bank.
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. Cwynar moved that this Board reduce the fines instituted in the aforementioned
case by virtue of this Board's Order of February 15, 2012, to the amount of $634.12.
Ms. Carroll seconded the motion that failed 3-5. (Ms. Brenner, Vice Chair Cole, Chair
Costantino, Ms. Yerzy and Mr. Borrefli dissented).
0
MEETING MINUTES
CODE COMPLIANCE LIEN REDUCTION
B! O` BEACH, FLORIDA OCTOBER 2�3, 2013
W=
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 February 15, 2012, to the amount of $5,750 plus
administrative costs of $634.12. Ms. Brenner explained that is the number of days
Nautica Realty has had the listing. Vice Chair Cole seconded the motion that passed 4-
3. (Ms. Yerzy, Mr. Borrelli, Ms. Carroll and Mr. Cwynar dissented).
Case No. 10-1336 Countrywide Home Loans Service 143 NW 14t Ave.
Ms. Springer presented the case. The notice of violation was May 3, 2010 to mow
overgrown yard areas and trim overgrown vegetation. The Code Compliance Board
hearing was on July 21, 2010 and no one appeared. Compliance date and proposed
fine set by the Board was July 31, 2010 or $50 a day. There was compliance on
October 21, 2013 for 1,177 days of non-compliance at $50 a day for a total fine amount
of $58,850 plus administrative costs of $730.15. Ms. Springer was first contacted in
June 2013 to verify if the case complied and to have the lien reduction inspection. The
case did not comply at the time and there was also a list of other things to be done for
lien reduction including replace missing window, replace missing screens, repair rotted
wood on fa(;ade and string on the car port, repair sprinkler system, front gate, remove or
replace fence of driveway and replace missing air conditioner compressor. The
property passed inspection for code compliance and lien reduction on October 21,
2013. No taxes or water bills were outstanding.
Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was
first received in May 2013 and they were not aware there was a lien dating back to
2010. When the inspectors came back to re-inspect the property, they gave the list of
other issues. The fence was removed and all the windows in the back sunroom were
replaced. The inspectors came out and said the fagade had to be repaired. This was
done. When the inspectors came out to verify the work Ms. Michie was told about the
air conditioner compressor. She was back and forth with the inspectors for this property
about every two to three weeks several months. Whenever something needed to be
done, it was done immediately. Each time the inspector came out he would find
something else wrong. The total amount of repair work was approximately $5,900. All
windows and screens were replaced, rotted wood was removed, sprinkler system was
repaired, replaced missing sliding glass door, removed chain link fence around the
house and someone went twice to trim the trees. When the inspectors went the first
time they said it was fine and when they came back they said the trees had to be lower.
This property is under contract and waiting to close. Mr. Borrelli asked Ms. Michie if she
complied each time the inspectors told her something had to be repaired and Ms.
im
CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
VS. CASE NO. 11 -3177
BANK OF AMERICA
Respondent(s).
THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for
lien reduction on October 23, 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:
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 February 15, 2012 on the Property located at 131 NW I& Q., Boynton
Beach, Florida, with the legal description of-,
PALM BEACH LEISUREVILLE REPLAT LOT 31 BLK 3, according to the plat thereof as recorded in Plat Book 28, Page
203, of the Public Records of Palm Beach County, Florida,
PCN: 0843-45-29-03-003-0310 is REDUCED TO $6,384.12.
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 May of
Ah) 2013.
Michele Costantino, Chairperson
CODE COMPLIANCE BOARD
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk FILED
Respondent NOV 13 2013