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11-848 Central Mortgage CompanyPolice 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: (561) 742-6838 Date: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #11-848 In accordance with Ordinance number 00107, 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: :j 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) o Said review must occur within thirty (30) days of the request for review, ci 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. o 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 Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Director, Mike Rumpf, to learn what was and was not permitted. Attorney Carney had objected to the five days to come into compliance when others were given more. Attorney Carney was aware of Ms. Ellis's concerns for public health, but those were removed previously. They tried to comply all along and he did not know what was in the containers. He pointed out the property is now zoned for a landscaping use and they will store the rakes and other items the lease uses. Currently, there is just lawn equipment at the premises. Ms. Springer pointed out the City Commission approved an Ordinance which requires the uses to be approved although the use may be allowed in certain zones. Attorney Carney agreed commercial activities need approval, but the use is no longer prohibited. It was a City -initiated amendment, The City was conducting 2 site inspection the next day. The public health issue was removed, and all items in the narrative were removed by June 2n, Ms. E[lis noted there was an ambiguity in the use and she sees efforts to deal with the matter were made. Robert Richardson, the property owner explained when they were issued the Cease and Desist, they immediately complied. Mignancis removed the vegetation, and they wanted a continuance. The property was always used as a storage lot. Attorney Carney had photographs taken two days before. He thought there was a void in the Land Development Regulations (LDRs) regarding personal storage of personal items on personal property and whether a Business Tax Receipt would be needed. If they are not operating a business and it otherwise meets the Code, the LDR's were silent on the issue. Given the verbal and written testimony, and in light of the fact the City Commission changed the use, Ms. Ellis dismissed the Cease and Desist Order. Case No. 11-848 Central Mortgage Company 1044 Fosters Mill Road Diane Springer, Code Compliance Coordinator, presented the case. The Notice of Violation was sent April 11, 2015. The Case was heard June 15, 2011, and no one appeared. The compliance date was June 25, 2011, or a fine of $400 a day would be imposed thereafter. The violations were corrected on April 24, 2012, having 303 days of non-compliance accruing a lien of $121,200 and administrative fees of $826,18. Ms. Springer was contacted in August 2014, but the Respondent needed to clean the pool, repair the pool gate, trim overgrowth, replace the screens, pressure clean the driveway and landscape blocks, uncover windows and pay outstanding 2013 property taxes. An inspection in November revealed the pool gates still needed to be repaired and the driveway and landscaped blocks needed to be pressure cleaned. The Code Officer found additional violations which were to repair the rail on the pool, replant and mulch the planning area along the front entrance, repair open electrical at the sprinkler NE Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 box and cap on the sconce lamp to the left of the garage door. The property was re- inspected on January 20, 2015, and the pool rail and the pressure cleaning were still outstanding. Those items were taken care of within three days. Shie Rios, on behalf of Central Mortgage, explained Central Mortgage obtained the property during the economic crash. The law firm handling the foreclosure lawsuit, Ben Ezra and Katz imploded and all of the notices were sent to counsel of record. Central Mortgage was unaware of the registration requirements and the violations. When they became aware of them, they addressed the issues. The property sold on July 15th, Central Mortgage was requesting a waiver of the fines. The new owner purchased the property with the existing lien, and it was in escrow. Ms. Springer explained she received an email from the realtor on January 15, 2015, and was told all violations were addressed. There were three more items needing to be addressed and the realtor addressed them in three days. Ms. Ellis reduced the lien from $121,200 to $5,000 plus administrative fees of $826.18. Case No. 12-359 James Schaffer & Madalyn James 70 Sausalito Drive Ms. Springer presented the case. The Notice of Violation was sent on March, 7, 2012. The case was heard on April 18, 2012. The compliance date was to comply by April 28, 2012, or a fine of $100 a day would be imposed thereafter. The violations were corrected on May 14, 2015, having 110 days of non-compliance and a fine of $111,000 plus administrative fees of $634.12. When the lien inspection took place, all items were addressed. Amina McNeil, on behalf of Federal National Mortgage Association, explained when the lien occurred, the property was in the foreclosure process. When the client became the owner, they immediately addressed the violations. It appeared the former property owners were non-responsive to the City and the foreclosure action. They asked for a waiver of the lien on the property. They had a closing set for July 2015, but due to the lien, the purchasers received a 30 -day extension. She requested the waiver so the purchaser and the bank do not have to absorb the cost of a lien accrued from the prior owner, Ms. Ellis reduced the lien to $5,000 plus administrative costs. Case No. 13-160 Bank of New York Trust 5 Carrie Place 21 Wyaws7`37:jai'/►f I�i7i< 3�1►[�7 0 1131 CITY OF BOYNTON BEACH Petitioner, vs. CASE NO, 1 1-848 CENTRAL MORTGAGE COMPANY Respondent(s). LIED MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on August 19, 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 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 ,lune 15, 2011 on the Property located at 1044 Fosters Mill Rd- Boynton dBoynton Beach, Florida, with the legal description of; FOSTERS MILL LT 39, according to the plat thereof as recorded in Plat Book83, Page 139, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-07-19-000-0390 is REDUCED TO $5,826.18. 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 property 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 ofComi-nission'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. DINE ANIS ORDERED after- hearing, at City of Boynton Beach, Palm Beach County, Florida this day of , 2015. copies furnished: Honorable Mayor and the City Commission City Attorney City Clerk F ,; Respondent E�1�Mi q[ r CITY CLERK'S OFFICE Carol D. Ellis CODE COMPLIANCE MAGISTRATE