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Minutes 12-26-01MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, DECEMBER 26, 2001 AT 3:00 P. M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair James Miriana Enrico Rossi Absent Robert Foot Dee Zibelli Thomas Walsh, Alternate Jean M. Heinly-Bainer, Alternate l, CALL TO ORDER David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Chairman DeLiso called the meeting to order at 3:00 p.m. II. APPROVAL OF MINUTES None III. APPROVAL OF AGENDA Motion Vice Chair Hammer moved that the agenda be approved. Mr. Miriana and unanimously carried. IV. SWEARING IN OF WITNESSES AND INTRODUCTION The Recording Secretary administered the oath to all persons who would be testifying. V. OLD BUSINESS A. LIEN REDUCTIONS Case No. 98-3852 Ashish Bhatt 417 NE 2nd Street P.O. Box 10133 West Palm Beach, FL 33407 Motion seconded by Meeting Minutes Code Compliance Board Boynton Beach, FL December 26, 2001 Mr. Blasie requested that a correction be made to the summary page. When the fine was originally certified, it was certified for violations of the Community Appearance Code and for not having an occupational license. At the time of certification the respondent did have an occupational license. Therefore, the fine only applies to the Appearance Code for not having grass in the yard. The case was first brought before the Board on December 16, 1998 and no one appeared. A fine of $25.00 per day was assessed beginning February 16, 1999, for a total fine of $18,900, plus administrative costs of $634.12. There is a buyer for the property, who is present with a representative of the current property owner. Mr. Blasie stated that it is possible that the current owner never received any correspondence from the City because the property address of record is not correct and it is still the only address of record. Mr. Blasie presented "before and after" photographs of the property. The property fronts two streets and the rights of way on both sides had to be sodded along with a small area of the yard, Vice Chair Hammer noted that the property complied on March 14, 2001 and questioned why new sod was being laid. Mr. Blasie stated that the date is correct and that the property was cited for other violations. Since the property was again in non-compliance, it had to be resodded before the respondent could apply for a lien reduction. Mr. Rossi inquired why it took the respondent two and one-half years to bring the property into compliance and questioned why the property owner never saw the condition of the property. Mr. Blasie responded that the current owner has owned the property since 1990 and has been cited for 24 violations. Ms. Claudia Bhatt, 801 Lake Shore Drive, Lake Park, Florida, wife of the owner, assumed the podium. Chairman DeLiso asked Ms. Bhatt why it took 756 days to bring the property into compliance. Ms. Bhatt stated that she had moved to Tequesta prior to the violation occurring and did file a change of address, but somehow it never got changed through the Post Office. After they had moved to Tequesta, they closed the Post Office box, which is why she never received any of the notices. She stated they were unaware that the property had any violations or that there was a lien on the property. Vice Chair Hammer questioned why they never went to check on their property and the respondent said they relied on the renters to take care of the property for them. They placed sod down over a year ago and it died; now they replacing it again. 2 Meeting Minutes Code Compliance Board Boynton Beach, FL December 26, ;~001 Ms. Bhatt stated that if the property were sold, the funds would only cover the outstanding mortgage. Further, they have spent over $500 to put sod down and are installing an irrigation system. Motion Based on the testimony and evidence presented in Case No. 98-3852, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board find that the fine instituted in Case No. 98-3852, by virtue of this Board's Order of December 16, 1998, be reduced to $1,634.12, including administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance O1-07. Motion seconded by Vice Chair Hammer and unanimously carried. Mr. Blasie explained the appeal process to the respondent. Case #99-1157 Riverwalk Plaza Joint Venture 1608 S. Federal Hwy. Mr. Blasie requested that this case be tabled until the January Lien Reduction Meeting date. Motion Vice Chair Hammer moved that Case #99-1157 be tabled until the January Lien Reduction Meeting date. Motion seconded by Mr. Rossi and unanimously carried. Case #99-2850 Barbara Robbins/Rite Move 233 NW 5th Court Mr. Blasie reported that the case was originally cited on November 24, 1999 for violation of the Community Appearance Code. No one appeared at the March 15, 2000 hearing. The property came into compliance on November 13, 2001 for a total fine of $14,350, plus administrative costs of $730.15. The applicant is not responsible for the violations. Mr. Blasie presented "before and after" photos of the property. Mr. Rossi inquired why it took the respondent two years to bring the property into compliance and if the respondent at anytime showed good faith to bring the property into compliance. Mr. Blasie responded that there was no apparent attempt to bring the property into compliance and nothing was ever done. Since 1998 the property has been cited seven times and has been a problem property. The property was foreclosed upon before the City's lien was recorded. 3 Meeting Minutes Code Compliance Board Boynton Beach, FL December 26, ~2001 Attorney Stacy Galante, representing the new owners, said that the property is now in total compliance. Mr. Galante also represented Chase Manhattan Bank when the Bank foreclosed upon the property. The property was then sold to the current owners at a foreclosure sale. The Bank spent $3,000 to put down new sod. Chairman DeLiso inquired when the Bank took the property over and was informed it was in January 2001. Barbara Robbins/Rite Move purchased the property in August 2001. Chairman DeLiso asked why the title company still closed on the property knowing that there'was a lien. Attorney Galante said this was a mistake on their part and he is present today to rectify the mistake. Mr. Blasie pointed out that the City's lien was recorded July 18, 2000 and Chase purchased the property in August 2001. Mr. Galante acknowledged that there was a lien on the Property at the time the property closed. Motion Based on the testimony and evidence presented in Case No. 99-2850, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Hammer moved that this Board find that the fine instituted in Case No. 99-2850, by virtue of this Board's Order of March 15, 2000, be reduced to $$2,230,15, including administrative costs. This order is not final until the expiration of the time of appeal expires under Ordinance O1-07. Motion seconded by Mr. Rossi and unanimously carried. The appeal process was explained to the respondent. B. FURTHER DISCUSSION 1. Revision of Lien Reduction Hearing Date Mr. Walsh requested that the meeting date for the lien reductions be changed because he cannot attend on the fourth Wednesday of every month. After discussion, members agreed to change the date to the fourth Thursday of every month. Motion Mr. Miriana moved to change the Lien Reduction Hearing date from the fourth Wednesday of the month to the fourth Thursday of the month at 3:00 p.m. Motion seconded by Vice Chair Hammer and unanimously carried. 4 Meeting Minutes Code Compliance Board Boynton BeaCh, FL December 26, 2001 VI. ADJOURNMENT There being no further business, the meeting properly adjourned at 3:35 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) (December 28, 2001) 5