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Minutes 07-25-02 MINUTES OF THE CODE COMPLIANCE BOARD SPECIAL LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, JULY 25, 2002 AT 3:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chair Bob Foot James Miriana Enrico Rossi Dee Zibelli Michele Costantino, Alternate (in audience) Dave Rafkin, Alternate David Tolces, Assistant City Attorney Absent Tom Wal sh I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. II. Approval of Agenda Motion Mr. Rossi moved to approve the agenda. carried 7-0. The motion was seconded by Ms. Zibelli and II1. Minutes of June 27, 2002 Lien Reduction Meeting Since the members had not yet received the minutes for review, it was decided to defer this item until the next regular Code Compliance Board meeting. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all who planned to testify at the meeting. V. Old Business A. LIEN REDUCTIONS Case #98-1639 Perry & Patricia Patterson 518 N.W. 2"d Street Scott Blasie, Code Compliance Administrator, presented the case. The property was originally cited on April 14, 1998 for violations of the Community Appearance Code, Chapter 15, Article IX-15-120 (D) 1 Inc. The specific violations were to repair the driveway, remove all loose debris, and sod all bare areas in the yard. A Code Compliance Board hearing was held on April 21, 1999 and the Respondent did not Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida July 25, 2002 appear. The Board set a compliance date of May 17, 1999 and a fine of $25.00 per day plus administrative costs. The Respondent did not appear at the Code Compliance Board hearing on June 15, 1999, at which time the Board certified the fine. The property complied on July 19, 2002 for 1,158 days of non-compliance. Mr. Blasie commented that the Respondents had been given several extensions before the matter was brought before the Code Compliance Board over a period of a year. There was a 90-day extension that was given in June of 1998 and another extension on November 1998. Service was made for the April 21, 1999 Code Compliance Board hearing by hand delivery. Mr. Blasie submitted an affidavit of the service as City's Exhibit '%." He also submitted two photographs that were taken April 20, 1999 that were presented at the Board hearing on April 21, 1999 as City's Exhibit "B." There were also two photographs taken June 12, 1999 and one taken July 1, 1999 that were presented as City's Exhibit "C." Mr. Blasie showed the photographs to Mr. Patterson and then the Board. Ms. Zibelli asked if Mr. Blasie had any current photographs and he said that he did not but that Mr. Patterson had some photographs that had been taken the day before this meeting. Mr. Blasie attested to the authenticity of Mr. Patterson's photographs since he had visited Mr. Patterson's home on July 22, 2002. Mr. Blasie stated that on Mr. Patterson's behalf, the house was in a serious state of disrepair back in 1998. He believed that once the Board had seen Mr. Patterson's pictures of the property as it looks today, they would realize that he had done a lot of work and improved the property a great deal. Mr. Blasie commented on the fact that when the case was first initiated, the public records gave an address of Delray Beach for the Pattersons. The initial notices of violation went to Deiray Beach. Eventually, the address was changed to the current address of 518 N.W. 2nd Street. Perry Patterson, 518 N.W. 2nd Street, Boynton Beach, stated that he had worked for the City as a firefighter for twenty-two years and had been retired for the past several years. He has lived at 518 N.W. 2nd Street since 1992. He stated that he had tried on more than one occasion to get the address changed from the Delray Beach address of his ex-wife. Mr. Patterson spoke of his troubles with establishing a healthy lawn. He stated that he had put sod down in his yard three times. The grass succumbed to water restrictions, bugs, and his inexperience in spraying lawns for bugs. He stated that the driveway that he was cited for not having was in place and had been so for several years. There were trash piles all along N.W. 2nd Street at the time his property was originally cited. As a courtesy for his neighbors, he made a special cinderblock enclosure where people could put their trash. This eliminated all the little trash piles that had been there previously. This worked until someone took advantage of it by leaving construction debris, large tree trimmings, and tires, at which time he closed the area. He originally put sod down right up to his property line but put mulch on the swale area. He was told that mulch was not acceptable and he then removed it. During that period, the City took pictures. 2 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton BeaCh, Florida July 25, 2002 Chair DeLiso asked why it took from 1998 to 2002 to correct the violations. Mr. Patterson said that the grass and trees in the photographs he had just taken showed old growth, not something that had been put in yesterday. He had brought the rocks in one by one. He stated that his property was on a hill and that when it rained, the soil washed down to the street and this is why he brought in the rocks. In response to Chair DeLiso's question of whether he was refinancing, Mr. Patterson stated that his daughter was in financial difficulties and that he went to the Credit Union recently to refinance his property to get $20,000 to help his daughter. It was at this point that he learned about the lien for the first time. Mr. Patterson stated that the day that Inspector Webb had brought him a paper to sign, Inspector Webb saw what he was doing in the yard and Mr. Patterson thought Inspector Webb understood what he was doing. When he signed the notice, he did not read it. He recalled Inspector Webb driving up while he was out in the yard working, and saying that he needed to get his paperwork cleared up and that Mr. Patterson needed to sign something. Inspector Webb noted the improvements that had been made. Mr. Patterson asked him if he needed to.appear at the meeting, and Inspector Webb stated that he did not and that he would handle it. This was the last thought Mr. Patterson gave to any meetings or liens or anything. He learned about the lien two weeks ago when he went to refinance. Mr. Miriana asked if there had been a problem with his getting the notices from the City. Mr. Patterson said that he had not received any notices from the City that had been addressed to the Delray Beach address of his ex-wife. Mr. Rafkin stated the record seemed to indicate that there had been no contact with Mr. Patterson from November 2, 1999 to July 12, 2002. Mr. Rafkin asked Mr. Patterson if he had been under the impression that the City had "given up." Mr. Patterson stated that he had been under the impression that the violations had come into compliance and that it had all been taken care of, after the conversation with Inspector Webb at his house. Mr. Rossi thought the question was whether the Respondent had made an ongoing effort to bring the property into compliance and what the City thought of those efforts. He stated that efforts alone did not constitute compliance. Inspector Webb was called in from the field to testify. Chair DeLiso felt that Inspector Webb's testimony would have a large bearing on his decision in the case. The Recording Secretary administered the oath to Inspector Webb. Willie Webb, Code Inspector, City of Boynton Beach, denied saying that Mr. Patterson did not have to come to the meeting in the conversation they had two weeks prior to the April 21, 1999 Code Compliance Board meeting. Mr. Blasie stated that no staff member would tell a person, "Do not come to the Code Compliance Board meeting, I'll take care of it." What happens sometimes is that people ask whether they need to be present because they have another commitment and an inspector might say that a person does not need to be there and will come to an Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida July 25, 2002 agreement about the amount of time the inspectors will ask for on behalf of the person. Mr. Blasie said this had come up before but that when two people are talking on the street, there is room for misinterpretation in their statements. Mr. Foot wanted to get an idea of when the property actually came into compliance and asked Mr. Patterson for his opinion on this point. Mr. Patterson stated that he had obtained a permit and put the driveway in during 1999. He thought that the driveway was finished shortly after Inspector Webb's April 1999 visit but pdor to June 1, 1999. The trash violations were taken care of immediately. He said the grass on the swale area had taken longer to establish itself but it was growing in at the time of Inspector Webb's visit. Chair DeLiso asked Mr. Patterson how much money he had put into bringing the property into compliance and Mr. Patterson replied that he had spent a lot of money and had worked constantly on the yard. Chair DeLiso asked Mr. Patterson what kind of lien reduction he wanted to get from the Board. Mr. Patterson did not believe that there should have ever been a lien on the property at all; based on the understanding he thought he had with Inspector Webb when he brought the papers by for him to sign. Mr. Foot suggested that the Board use the date of the City's pictures in June of 1999 as the date when compliance may have been achieved. Mr. Foot suggested a fine of $1500.00 plus administrative costs. Inspector Webb could not recall when Mr. Patterson had come into compliance. Mr. Blasie stated that the Board Attorney thought that the Board might Want to consider that there was the problem of the Delray Beach address and when the Board rendered its decision, the papers were mailed to the Delray Beach address. Motion Based on the testimony and evidence presented in Case No. 98-1639, 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 reduce the fines instituted in Case No. 98-1639, by virtue of this Board's Order of April 21, 1999, to $2,326.00 including administrative fees. Vice Chair Hammer seconded the motion that carried 7-0. Chair DeLiso advised Mr. Patterson that he could appeal the Board's decision and have his case decided by the City Commission. Mr. Blasie explained the procedure to Mr. Patterson. Since there was no further business before the Board, the meeting was duly adjourned at 3:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) (072602) 4