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11-2692 - Citimortgage IncCODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 11 -2692 CITIMORTGAGE INC. Respondent's). 1 LIEN MODIFICATION ORDER 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: 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 January_ 1 &,_2012 on the Property located at 5 Baytree Cir., Boynton Beach, Florida, with the legal description of: MEADOWS 300 PLAT NO 1 LT 5 13LK B, according to the plat thereof as recorded in Plat Book 43, Page 58, of the Public Records of Palm Beach County, Florida, PCN: 08- 43- 45 -07 -01 -002 -0050 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 &ay of 2013. ii Michele Costantino, Chairperson CODE COMPLIANCE BOARD copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk FILED Respondent BOYNTON BEACH, FLORIDA 551 to Michie replied she personally went to the property to meet the contractors to make sure things were done correctly. Chair Costantino asked Ms. Springer about the narrative which says an attorney representing Countrywide Home Loans appeared on September 15, 2010 at which time the case was tabled until October 20, 2010 to give them time to get some of the issues corrected. Ms. Springer said there was already a Board order but the fine was not certified. Chair Costantino continued on October 30, 2010 another attorney appeared which was when the fine was certified. Ms. Michie asked for the dates the attorney's appeared and Chair Costantino replied that on September 15, 2010 Ms. Joann Gallipault appeared representing Countrywide Home Loans and the case was tabled until October 20, 2010. On October 20, 2010 Mr. James Karat, attorney for Countrywide Home Loans, appeared and the fine was certified for $50 per day. Mr. Cwynar asked when Countrywide took title and Ms. Michie replied she received the listing on May 6, 2013. Ms. Brenner noted Bank of America received information on the violations and hearings and sent attorneys to represent them on two occasions. Ms. Michie commented when the Bank foreclosed on the home there was a tenant in the home and nothing can be done on an occupied home. On April 29, 2013 the Bank paid Ronnie Luke (the tenant) $2,900 to vacate the property. Ms. Brenner commented the Bank has a mortgagee clause allowing them to take care of the outside of the property such as lawn care. If there was someone in the property, it does not take over a year to evict them. Chair Costantino commented the backup material says as of May 25, 2010 the property is vacant and it was registered as of November 19, 2009. On May 23, 2010 a property manager was called and informed of the violations. Mr. Borrelli asked Ms. Michie how much the house is worth and she estimated $120,000. 3= 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. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 21, 2010, to the amount of $2,730.15 including administrative costs. Ms. Yerzy seconded the motion that passed 6-1. (Mr. Cwynar dissenting). Case No. 11-2692 Citimortgage, Inc. 5 Baytree Circle Ms. Springer presented the case. The notice of violation was September 30, 2011 for a property in foreclosure must be registered, mow overgrown yard and trim overgrown vegetation, The Code Compliance hearing was January 18, 2012 and no one appeared. Compliance date and fine set by the Board was January 12, 2012 or $100 a 11 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2011 day, The date compliance was March 26, 2012 for 57 days of non-compliance at $100 a day for a total fine amount of $5,700 plus administrative costs of $634,12. Ms. Springer was contacted by Mr. Bronfield, Attorney for Citimortgage. A lien reduction inspection on August 20, 2013 showed a list of violations to be corrected including remove the outside storage in the rear of the property, trim hedges in the rear of the property, repair the gates in the front and side, trim palms, remove horticultural debris, replace screens on front porch and repair wood on door front. After re-inspection the property passed. There was an outstanding water bill of $60. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained her office received the property on August 20, 201' 3 and was notified on August 20th of the violations that needed to be corrected. The Bank approved the work and everything was finalized on October 21, 2013. The Bank has done approximately $9,800 worth of work to the property since August 2013. Vice Chair Cole asked if the property was under contract and how much the house was worth. Ms. Michie responded the property is under contract but could not say how much the house is worth. Mr. Borrelli asked where the home is located and Ms. Michie responded Bay Tree Circle in the Meadows. 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, Vice Chair 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 the amount of $1,634.12 including administrative costs. Mr. Borrelli seconded the motion that unanimously passed. Case No. 13-252 Citimortgage, Inc. 5 Baytree Circle Ms. Springer presented the case. The notice of violation was February 20, because property in foreclosure must be registered and secure the property. The Code Compliance Board hearing was April 17, 2013 and no one appeared. Compliance date and fine set by the Board was April 27, 2013 or $300 a day. The compliance date was June 14, 2013 for 47 days of non-compliance at $300 a day for a total fine amount of $14,100 plus administrative costs of $634,12. The registration should not have been cited. Ms. Springer advised when the Code Officer looked up the address in FPRC it listed all addresses in Baytree Circle with a 5 in the address. They scrolled down and did not see the address; however, there was a second page they did not see where it showed the property was registered on January 28, 2013 which was one month before the case began. The only violation now is for securing the property. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was received by Nautica Realty on August 20, 2013 and was secured at that time. Ms. 12 i if T TIII 17, Code CompHance Phone: (561) 742-6120 Pax. (561) 742-6383 14 1 4 z 1 :14 bill" I[$] zo I if–A&II&t I a IFII q !11 ky, 1501'1�1 Date: November 26, 2013 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-2692 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. Ei 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 , 20 America's Gateway to the Gulfstream