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10-2987 - CitimortgageD_ T Ulice Department "A CFA Accredited Law 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: f561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 15, 2014 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-2987 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. a Upon such review, the City Commission may take one of the following actions: & 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". 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 Board Boynton each, 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 laid vacant, items arose. Currently, there is a contract on the property, Ms. Springer had photographs she showed the Respondent and Ms. Ellis. Ms. Ellis rioted significant improvement was made. NPIT11 f 9 MW a used 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 CHI 0 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. FZ1 fkfieeiing Minutes Code Corn pHa. rice Board Boynton Beach, FL March 19, 2014 Ms. Springer was contacted in October 2013. The property was inspected and no violations were found. Only an outstanding water bill had to be paid, which was paid in October, Ms. Ellis noted the property complied in March and inquired why it took so long be eligible. Ms. Springer explained the Officer can verify compliance, but Code Compliance has contacted for a lien reduction by a realtor or bank/title company which did riot occur until later. Nick Jackson, Exit Realty Global Group, explained the property was assigned to them in September 2013, and they took possession of the property in February 2014. The bank was unable to take possession earlier because the prior owners were litigating and then they put tenants in the promises. They spent approximately $20K on the property. They replaced the roof, most of the windows that were broken, the inside was gutted and items were stolen. The tenant left before the eviction was completed. They worked expeditiously to bring the property into compliance, which was now under contract with an owner who would occupy the home. The fine exceeds the value of the property. Mr. Jackson offered to email Ms. Ellis the list of expenses to bring the property up to Code. Ms. Springer had photographs the Respondent and Ms. Ellis viewed, The contract price was $951. The property was in foreclosure in late December 2009 or 2010, and Fannie Mae was the lien holder. Based on the testimony of the Officer and Respondent and the evidence presented, )Visa Ellisreduced the lien to $3,600 plus the administrative costs of $634-12. Case No. 11-890 Bank of Newyork MeHon Property Address: 2100 N. Seacrest Boulevard Violation(s): CO CH 10 SEC 20-51.5 INC. Property that is vacant or subject to a current notice of default must be maintained per City Code. Secure property. Remove vehicles, trash and debris from the property. Ms. Springer presented the case as in the Notice of Violation. The case was heard on July 20, 2011, and no one appeared. The compliance date and fine was July 31, 2011, or a fine of $250 a day would be imposed thereafter. The violations were corrected on December 8 2011, having 129 days of non-compliance and a fine of $32,250 plus administrative fees. Ms. Springer was contacted in August for a lien reduction inspection; however, repairs to the rotted fence, broken shutters, windows and screens, missing soffit screens, doors and frames needed to be done as well as to trim overgrown hedges, mow grass, 0 CITY OF BOYNTON BEACH Petitioner, vs. CITIMORTGAGE Respondent(s). CITY OF BOYNTON BEACH, FLORIDA CASE NO. 10-2987 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. 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 November 17, 2010 on the Property located at 437 W. Ocean Ave., Boynton Beach, Florida, with the legal description of.- BOYNTON HEIGHTS ADD NO 1, W 30 FT OF LT 19 & BEVERLY HILLS ADD 3 PB13P64 LTS 35 & 36 BLK 70, according to the plat thereof as recorded inPlat Book 4, Page 7, of the Public Records ofPalm Beach County, Florida, PCN. 08-43-45-28-11-000-0191 is REDUCED TO $4134.1,2. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. F. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Cornmission, 7. In the event that the property owner does not comply with the Magistrate's order, as approved or modified by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety (90) day period shall be permitted, and no further action by the Code, Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. ONE EAND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this day of 201 q T—� ATTEST; CIT CLERK copies furnished: Honorable Mayor and the City Co on City Attorney kw$k is City Clerk 6, 6%, Respondent` Carol D. Ellis CODE COMPLIANCE MAGISTRATE rm-- 13, 111 --mill 4 -EM -1 APR 0 2 2014 CITY tSILERKS OFFICE