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10-3189 - BAC Home Loans ServicingM I I UP11111!11, 1 Mt Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, FZorida 33425-0310 Phone: (562) 742-6100 ,Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 Date: April 15, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3189 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) Lj Said review must occur within thirty (30) days of the request for review. o 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 , 20_ Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL. 2�� M per day. Case complied on December 2, 2013 at 367 days of non-compliance for a total amount of the lien of $91,750 plus the administrative fee of $730.15. Ms, Springer was contacted by Mr. Ware in December after the case complied at which time he requested a lien reduction. The inspection was done on January 7, 2014 and there were some violations that needed to be resolved for the lien reduction- trim the overgrowth around the pool, trim the hedge from the sidewalk and remove the horticultural debris from the rear or the yard. The property was re -inspected and passed inspection on January 13, 2014. There were no outstanding utilities or taxes. James Ware, Jr,, stated he is the owner of the property and it is his primary residence, He was going through a refinancing process and called to see if there were any liens on the property and was directed to Ms, Springer, Mr. Ware explained he has been working out of town for a couple of years and was not aware of the issues on the property. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $2,500 plus administrative fees of $730.15 for a total of $3,230,15, Case No. 10-3189 BAC Home Loans Servicing LLP Property Address: 1101 W. Fairfax Circle CO CH10 SEC 10-51.5 INC Property in foreclosure must be registered. Clean and secure pool. Ms. Springer presented the case as in the notice of violation sent on November 1, 2010, This case came before the Board on December 15, 2010 and no one appeared. The compliance date proposed by the Board was December 25, 2010 or a fine of $1,000 per day. Case complied on October 1, 2012 at 645 days of non-compliance for a fine of $645,000 plus $634.12 in administrative fees, Ms. Springer stated she was originally contacted in 2012 by a realtor. An inspection was performed at that time and a list of corrections for possible lien reduction was emailed to Oncali Realty but nothing was done. Ms. Springer was contacted again in April 2013 by Susan Moore, another realtor, and another inspection was conducted for the same original violations and again, nothing was done. Another email was received by Ms. Springer on October 3, 2013 from Jesse Simpson requesting another lien reduction inspection. The same violations existed and again nothing was done. The Code Officer could not get access to the house to see if any violations had been corrected. December 2, 2013 Ms. Springer was contacted by Theresa Berube, listing agent for the Bank, who wanted to set up another inspection date with Officer Roy at the im Meeting Minutes Code Compliance Special Magistrate Boynton Beach, FL, property, Officer Roy was at the property at the given date and time and no one appeared. The last inspection was on October 3, 2013 and the following violations still existed: * remove outside storage of construction material * replace slider and window screens * repair the door of the rear patio * pool needs to be cleaned with circulating water * weed and clean patio * registered with FPRC * pay outstanding water bill The Code Officer met with Mr. Jim Kelly and explained again what needed to be done. The property was inspected again on January 15, 2014 and the following violations still needed to be done: 0 pressure clean the driveway weed the pool deck repair or remove the fence around pump and filter remove fence debris and repair the gate to self -latch Officer Roy did a total of six inspections before the property came into compliance and eligible for lien reduction. This was in addition to the four inspections done prior to the fine being certified, Ms. Springer noted the original violation came into compliance on 'October 1, 2012 and all other violations came into compliance in January 2014. Terry Berube, Listing Realtor, for the Bank, explained she is requesting a lien reduction. Ms. Berube stated she was misinformed by contractors that an owner of a property does not have to allow the Code Officer onto the property, Ms. Berube stated she is willing to do whatever needs to be done in the future as a bank owned realtor. Ms, Ellis inquired when Ms. Berube became involved with the property and what money has been spent on resolving the violations, Ms. Berube stated the bank spent about $1,500. There was no evidence submitted to verify the money spent. There are no outstanding violations on the property at this time. Based on the testimony and information presented by the staff, Ms. Ellis reduced the fine to $3,500 plus administrative fees of $634.12 for a total of $4,134-12, 14 CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 10-3189 BAC HOME LOANS SERVICING LP Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on February 19, 2014, pursuant to Chapter Two, Article Five of the City Code of Ordinances. The Magistrate 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 Magistrate hearing, the date the affidavit of compliance was issued, the current lion 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 Magistrate 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 Magistrate on December 15, 2010 on the Property located at 1101 W. Fairfax Cir., Boynton Beach, Florida, with the legal description of, LAWRENCE GROVE PL I LT 101, according to the plat thereof as recorded in Plat Book 60, Page 21-23, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-11-000-1010 is REDUCED TO $4,134.12 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 Pah-n 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 Magistrate's 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 Magistrate or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, fJor a s 1i day of i 20XI Cai,4�13. Ellis CODE COMPLIANCE MAGISTRATE CyrY CLERK copies fumished: Honorable Mayor and the City Commission City Attorney City Clerk Respondent FILED MAR 12 2014