13-653 - Wachovia Mortgage FSBP-Olice Department
"A CFA Accredited LaLu Enforcement Agency
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Phone: (561) 742-6100
Jeffrey Katz
Chief of Police
Code Compliance Division
Phone: (561) 742-6120
FAX: (561) 742-6838
LIEN REDUCTION TRANSMITTAL MEMORANDUM
Date: April 15, 2014
To: City Commission
From: Code Compliance Division
RE: Code Compliance Case #13-653
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)
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.
❑ The City Commission shall direct staff to take action consistent with their review
of the "Lien Modification Order".
f, , 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 Board
Boynton Beach, FIL March 19, 2014
M%W
inspection. Ms. Ellis explained although they applied for the Business Tax Receipt, the
process is not complete until it is inspected.
Ms. Ellis tabled the case until the next month.
Case No. 13-1728 Jessie M. and The irnar Patterson
Property Address: 532 NW 11t Avenue
Violation(s): CO CHI 3 SEC 13-16
Apply for and pass inspection for
Business Tax Receipt for rental
property.
Officer Guillaume presented the case. The Notice of Violation was August 14, 2013, for
the above captioned violations. The case was heard January 15, 2014, and no one
appeared. The compliance date and fine was January 30, 2014, or a fine of $50 a day
would be imposed thereafter. The violations still exist having 47 days of non-
compliance. The Business Tax Receipt application has been made.
10-010WE
Ms. Ellis tabled all three cases until April 16, 2014
Case No 13-653 Wachovia Mortgage FSB
Property Address'. 620 NE 7 th Avenue
Violation(s): CO CH15 SEC 15-120(D) inc.
CO CH 13 SEC 13016
Apply for and pass inspection for
Business Tax Receipt for rental
property. Remove inoperable vehicles,
trailers and outdoor stored materials.
Mow and trim overgrown yard,
Ms. Springer presented the case as in the notice of violation. The case was heard on
May 15, 2013, and no one appeared. The compliance date and fine set by the Board
was to comply by May 25, 2014, or a fine of $500 per day would be imposed thereafter.
The violations were corrected on August 22, 2013, having 88 days of noncompliance
totaling $441, plus administrative fees. Three outstanding water bills had to be paid in
order to be eligible for lien reduction.
Ms. Springer was contacted August 29, 2013, by the title company requesting
information on the lien reduction. An inspection was made on September 3, 2014, and
dead vegetation had to be removed, and the soffit and fascia had to be painted where
repairs were made, Ms. Springer was again contacted on September 12, 2013, and
I
Meeting Minutes
Code Compliance Board
Boynton Beach, FL March 19, 2014
missing window and soffit screens, fence repairs, trash, debris, overgrown trees and
shrubs and mailbox repairs were identified. Ms. Springer was contacted on October 9,
2014, and a re-inspection showed missing screens in the rear sliding glass doors and
trash and debris, the shed violation, and the overgrown conditions still existed. On
October 23, 2013, Ms. Springer was contacted. The property was inspected on
November 13 and was eligible for lien reduction. An application was sent, but not
returned. Code Compliance was contacted in January and they re-inspected and the
property passed inspection in January.
Robert Spear, 51 East Commercial Boulevard, Ft. Lauderdale, represented the title
company. The attorneys representing Wachovia, requested the lien be reduced to 10%
of the original fine amount. He did not have any paperwork showing how Wachovia
remediated the violations. Wachovia usually has the listing agent coordinate the field
team and advise what needs to be done that cost money. Otherwise, the listing agent
usually mowed and maintained the property. When repairs are made, the agent
contacts Wachovia to obtain approval and either obtains payment from them or handle
it, depending on what needed to be repaired'. Each time an inspection was made,
because the property )aid vacant, items arose. Currently, there is a contract on the
property,
Ms. Springer had photographs she showed the Respondent and Ms. Ellis. Ms. Ellis
noted significant improvement was made.
1100-4M=
Based on the testimony of the City and the Respondent and the evidence in the record,
Ms. Ellis reduced the lien to $3,000 plus the administrative costs of $634.12.
Case No. 10-2987 Citimortgage
Property Address: 437 W. Ocean Avenue
Violation(s): CO CH10 SEC 10-51.5 Inc.
Property that is vacant or subject to a
current notice of default must be
registered with the City and maintained
per City Code, Register property, and
mow, weed and trim hedges.
Ms. Springer presented the case. The Notice of Violation was sent on October 6, 2010,
for the above captioned violations. The case was heard on November 17, 2010, and no
one appeared. The compliance date and fine was set for December 2, 2010, or a fine
of $150 a day would be imposed thereafter. The violations were corrected on March 6,
2013, having 824 days of non-compliance for a total of $123,600 plus administrative
fees.
M
CITY OF BOYNTON BEACH, FLORIDA
CITY OF BOYNTON BEACH
Petitioner,
vs.
WACHOVIA MORTGAGE FSB
Respondent(s).
CASE NO. 13-653
LIEN MODIFICATION ORDER
THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's
application for lien reduction on March 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 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 Magistrate has subject matter jurisdiction of this cause and jurisdiction over the Respondent.
1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances.
3. The lien imposed by the Magistrate on May 15, 2013 on the Property located at 620 NE 7 Ave., Boynton
Beach, Florida, with the legal description of:
BOYNTON PLACE LTS 20 & 21 BLK 2, according to the plat thereof as recorded in Plat Book 11, Page 40, of the Public
Records of Palm Beach County, Florida,
PCN: 08-43-45-22-03-002-0200 is REDUCED TO $3,634.12.
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 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.
�, ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this —A day of
20�' .
A
Carol D. Ellis
CODE COMPLIANCE MAGISTRATE
ATTEST:
7 E
1TY � ClRK u
copies furnished:
Honorable Mayor and the City Commission
City Attorney
City Clerk
Respondent
APR O r2 20194