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13-160 Bank of New York TrustPolice Department "A CFA Accredited Law Enforcement Agency 100 E. Boynton Beach Bouleuard 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: October 19, 2015 To: City Commission From: Code Compliance Division RE: Code Compliance Case #13-160 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: o 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. La 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 120 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 15t". 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. Decision 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. Decision Ms. Ellis reduced the lien to $5,000 plus administrative costs. Case No. 13-160 Bank of New York Trust 5 Carrie Place 21 Meeting Minutes Code Special Magistrate Hearings Boynton Beach, Florida August 19, 2015 Ms. Springer presented the case. The Notice of Violation was sent February 1, 2013, The case was heard April 17, 2015, and no one appeared. The compliance date and fine was April 2, 2013, or $250 a day thereafter. The violations were corrected on June 4, 2014, having 405 days of non-compliance, accruing a fine of $101,250, plus administrative costs of $634.12. Ms. Springer was contacted in October 2014, and there were several liens on the property that were lost in foreclosure. When the Bank took title, they were cited for those violations. The new case had to comply before this case could be presented for lien reduction. That case pertained to obtaining a permit for siding that was installed without the proper permit. At the lien reduction inspection, the Code Officer noted a garage door had to be repaired, remove inoperable vehicles, replace the missing window screens, paint the stucco, pressure clean moldy surfaces on the walkways and fence, repair or replace rotted fascia. The bee infestation returned so that needed to be exterminated, repair or replace a rotted T-111, sod the front yard, trim overgrowth. A re- inspection in January revealed the house had to be painted, sod the yard, remove the bee hive, remove trash and debris and repair the gate and fence. On June 18th, another inspection revealed the Respondent had to reinstall the four -inch house numbers, replace missing window screens and sliding door, remove outside storage of fence panels and there were several outstanding water bills that had to be paid. They passed the lien reduction inspection on July 22, 2015. Ben Frank, Property Manager, received the property around June. Prior to that, the bank was supposed to attend the hearing. They did not have control of the property so he was unable to start addressing the violations. As soon as they obtained possession, he contacted Ms. Springer and began fixing the violations. Based on the testimony, Ms. Ellis reduced the lien to $5,000 plus administrative costs, Case No. 07-3555 Constance S. Lassiter 550 NW 12th Avenue Ms. Springer presented the case. The Notice of Violation was sent on December 26, 2007. The case was heard April 16, 2008. The compliance date was to comply by May 6, 2008, or $100 a day would be imposed thereafter. The violations complied on October 16, 2014, having 2,343 days of non-compliance accruing a fine of $234,300. Ms. Springer was contacted in 2013. The Building Department and staff had indicated to Ms. Lassiter what needed to be done. The violations were corrected on October 16, 2014, and the Respondent sent the application for the lien reduction in December 2014. Ms. Lassiter could not attend at that time. When she contacted Ms. Springer again in June, a re -inspection revealed trash and debris, overgrowth and graffiti needed to be addressed. Ms. Lassister immediately corrected those violations, IN CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs. CASE NO. 13-160 BANK OF NEW YORK TR, Respondent(s), LIEN MODIFICATION ORDER. T141S CAUSE carne 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. 1 The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. The lien unposed by the Magistrate on April 17, 2013 on the Property located at 5 Corrie Pl., Boynton Beach, Florida, with the legal description of: BOYNTON LAKES PL 6 LT 3 BLK 4, according to the plat thereof as recorded in Plat Book 52, Pages 109 through 112, inclusive, of the Public Records of Palm Beach, County, Florida, PCN: 08-43-45-08-10-004-0030 is REDUCED TO 55,634.12. 4, The City shall prepare a release and satisfaction consistent with this Order, 5. The release and satisfaction shall be recorded in the pubiic records of Palm each 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) clay period shall be permitted, and no further action by the Code Compliance Magistrate or the City Commission shall be pennitted regarding lien reduction. r hearing at City of Boynton Bcach, Palm Beach County, Florida this day of copies furnished: Flonorable Mayor and the City Commission City Attorney City Clerk FILED Respondent CITY CLERK'S OFFICE aro Ellis CODE COMPLIANCE MAGISTRATE.