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10-3323 Bank of New YorkPolice Department Police "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Phone: (56.7) 742-6100 Jeffrey Katz Chief of Police Code Compliance Division Phone: (561) 742-6120 FAX: (561) 742-6838 LIEN REDUCTION TRANSMITTAL MEMORANDUM Date: April 8, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #10-3323 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: zi 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) Li 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, u 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 Hearings Boynton Beach, Florida March 18, 2015 Joseph Hyman, representing Cory Edwards, the listing agent for Keller Williams who had the property for about a year, was present. All had complied and they want to proceed with closings. He requested a reduction and announced they have a buyer. The purchase price was unknown and Bank of America was still the owner. He did not know how much was spent in repairs, The inside was remodeled and the outside had work done. Ms. Springer had photographs she showed to the Respondent and Ms. Ellis. Mr. Hyman advised his boss was aware of the fine. Decision Based om the testimony and what was presented Ms. Ellis reduced the liens. Each lien would be $5,000 plus the administrative costs. Case No. 14-1424 Fetlar LLC 2084 SW 13th Terrace Ms. Springer presented the case. The Notice of Violation was sent on June 12, 2014, regarding a Business Tax Receipt inspection, The case was heard on August 20, 2014. Krishwa Ramnanan appeared and the compliance date and fine was August 25, 2014, or a fine of $500 a day would be imposed thereafter. The violations were corrected on February 12, 2015, having 17 days of non-compliance at $500 a day, for a total fine of $85,000 plus $634.12 in administrative fees, Ms. Springer was contacted in February for a lien reduction inspection. No violations were found and there was only a $27 water bill that had to be paid. Leai Boggs, Code Compliance Director, for Fetlar, explained when they appeared in August, they applied for the Business Tax Receipt, but the property was occupied. There was air conditioning that needed to be finalized. Ms. Springer explained they ascertained there was an air conditioner that was installed without a permit. They had to obtain the permit and have the permit finalized before the Business Tax Receipt inspection could occur. Ms. Boggs explained with an occupied home, they had to contact the tenant and coordinate with the Code Officer. The holidays also delayed the m atter. 101M.7w4r, Based on the testimony given, Ms. Ellis reduced the $85,000 fine to $15,000 plus administrative fees of $634.12, Case No. 10-3323 Bank of New York I Cambridge Place Ms. Springer presented the case. The Notice of Violation was sent November 19, 2010, regarding a fence repair. The case was heard on January 19, 2011, and no one appeared, The compliance date and fine was January 29, 2011, or a fine of a $150 would be imposed thereafter. The violations were corrected on November 24, 2011, Im Meeting Minutes Code Compliance Hearings Boynton Beach, Florida March 18, 2011 having 267 days of non-compliance, and accruing a fine of $40,500 plus administrative fees of $634.12. Ms. Springer was contacted in November 2014.The applicant had to replace or repair numerous items regarding exterior violations, and registering a foreclosed property. There was also an outstanding water bill. She was contacted by a realtor in December, and there were still outstanding violations. She was again contacted in January, and the sliding door screen was missing. In February, the realtor contacted her, and the inspection found hurricane rails were stored in the backyard. All was addressed and the property was not eligible. Amber Ashtan, on behalf of the Bank of New York, explained they obtained the property through the foreclosure process. They received the title in August 2014, but did not obtain possession until the end of December. The homeowner performed a foreclosure, had possession of the property and placed a tenant in the home. They contacted Ms, Springer in December for the lien reduction process, but there were multiple issues. The property complied by the end of January. They paid $15,000 in repairs and the utility bills were paid. She requested a lien reduction, and when finished, the sale would close. MWT Based on the testimony presented, Ms. Ellis reduced the $40,050 lien to $2,000 plus $634.12 administrative fees. There were no respondents Case No. 15-136 Property Address: Violation(s): 15 Bible Church of God 1390 N. Seacrest Blvd. CO CH9 ART 11, SEC 9-22 CO CH9 NFPA 101.13.3,4-,9.2.3,; 7.2.1.7.1; 7.2.1.5.1; 7.9.2.1; 710,12.1 CO CH9 NEPA 1 13.6,9,1,1.; 11,1.6.1,; 50.5.2.; 11. 1. 2 . Provide required fire alarm system as originally cited in 2010, fire extinguishers expired, cooking hood system not maintained, power cord not grounded, secure loose panic hardware installation on SE Sanctuary Exit Door, repair egress doors to readily open, southeast egress hallway and dining room, emergency light not working, exit sign to be visible from any direction, exhaust hood not cleaned or inspected, CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO, 10-3323 BANK OF NEW YORK Rc,spondent(s), LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Coder Compliance Magistrate on the Respondent's application for lion reduction on March 18, 2015, 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 Uie appealing party was in violwion of, the date of the original Magistrate hearing, the date the affidavit of compliance was issued, the current lien arnount 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 lion reduction procedures established by the City Code of Ordinances, 3. The lien imposed by the Magistrate on January 19, 2011 on the Property located at I Cambridge Pl- Boymon Beach, Fioiida, with the legal description of.- BOYNTON LAKES PL 2 LT I BLK 19, according to the plat thereof as recorded in Plat Book 46, Page 138, of tho Public Records of Palm Beach County, Florida, PCN: 08-43-45-08.05.019-0010 is REDUCED TO $2,634,12. 4. The City shall prepare a release and satisfaction consistent with this Order. S. 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 fbr appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. 7, In the event that tho 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 he of no further force or effect, and the original lien shall reninin 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, Florida this 14 day of 09 (1 —,20)5. Carol D- Ellis CODE COMPLIANCE MAGISTRATE ATTEST: CITY CLERK copies furnished: honorable Mayor and the City Commission City Attorney City Clerk Respondent