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Minutes 05-02-02 MINUTES OF THE CODE COMPLIANCE BOARD SPECIAL LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, MAY 2, 2002 AT 2:00 P.M. Present Chris DeLiso, Chairman Bob Foot Patti Hammer, Vice Chair Enrico Rossi Dee Zibelli Michele Costantino, Alternate Dave Rafkin, Alternate David Tolces, Assistant City Attorney Pete Roy, Code Inspector Absent James Miriana Tom Walsh I. CALL TO ORDER Chairman DeLiso called the special meeting to order at 2:01 p.m. II. APPROVAL OF MINUTES OF APRIL 25, 2002 Motion Vice Chair Hammer moved to accept the subject minutes. motion that carried unanimously. Ms. Zibelli seconded the III. AGENDA APPROVAL - None IV. ROLL CALL The Recording Secretary called the roll and noted that a quorum was present. V. SWEARING IN OF WITNESSES The Recording Secretary administered the oath to all persons who would be testifying. VI. OLD BUSINESS A. LIEN REDUCTIONS Case No.01-100 John P. Costanzo 515 N.W. 8th Court Inspector Roy reported that this property had originally been cited for violations of the Community Appearance Code On January 22, 2001. A Code ComPliance Board hearing was held on April 18, 2001 and the Respondent did not appear. The property was to be brought into compliance by May 14, 2001 or a fine of $25.00 per day plus administrative costs would be applied. -The property came into compliance on May 1, 2002, There Meeting Minutes '- Code Compliance Board Boynton Beach, Florida April 25, 2002 were 351 days of non-compliance and the fine was $8,775.00 plus administrative costs of $730.15. Inspector Roy introduced Ms. Anne Goldschmidt, who came to the meeting as the applicant for the lien reduction. Inspector Roy advised that Ms. Goldschmidt had spent her own money and effort to bring the property into compliance with the hope that she could purchase it. Anne Goldschmidt, 200 So. Ocean Boulevard, Delray Beach, Florida, affirmed that she was in the process of trying to buy the property. The owner, John Costanza, had indicated to her that he planned to go bankrupt and abandon the property. Washington Mutual, the Mortgagor, was granted a Summary Final Judgment of Foreclosure In Rem. The Board members were provided with a copy of that Final Judgment. Ms. Goldschmidt stated that the bank would not allow her to purchase the property until the liens were cleared. There were several liens on the property in addition to this one and she had satisfied all the rest. The property will be auctioned off on May 20 and this was the reason she asked for an emergency meeting so that she might have an opportunity to clear the lien and proceed with the purchase. Ms. Zibelli inquired whether Ms. Goldschmidt would inhabit the house if she purchased it and Ms. Goldschmidt assured her that she would do so. Mr. Rossi inquired whether Ms. Goldschmidt .was qualified to apply for the lien and Board Attorney Tolces replied that she was. Ms. Goldschmidt explained that she needed a house that she could afford and one that she could move into quickly. She stated that the City's Code Division had given her a list of things that had to be done to bring the property into compliance and that she had put a lot of time, money, and effort into doing that. If the reduction were to be granted, she planned to make several improvements to the house. Inspector Roy predicted that if the property were to be sold at auction, it would probably be purchased and rented out, creating the same situation all over again. Mr. Rossi was concerned about what would happen if the Board granted a lien reduction and the purchase did not go through. Mr. Rafkin asked Ms. Goldschmidt if she had a definite commitment from the bank that she could purchase the home, dependent on the lien reduction, and she stated that she did and that the closing was scheduled for May 15. Mr. Foot stated that while the Board had heard from Ms. Goldschmidt about the efforts and money she had spent to bring the property into compliance, he wanted to know what the City had to say about the owner, John Costanza, and whether he had helped to bring the property into compliance. Inspector Roy stated that there had been no cooperation or contribution of effort from Mr. Costanza. He believed that Mr. Costanza's health had deteriorated to the point that he did not care. Nothing was done while he was in the house or since he left, until Ms. Goldschmidt became interested in the property. Meeting Minutes Code Compliance Board Boynton Beach, Florida April 25, 2002 Motion Based on the testimony and evidence presented in Case No. 01-100, 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, Vice Chair Hammer moved that this Board reduce the fines instituted in Case No. 01-100, by virtue of this Board's Order of April 18 2001, to $250 plus administrative costs. At this point Vice Chair Hammer declared that she wished to change that to $730.15 total. Ms. Zibelli seconded the motion. Mr. Foot felt that Ms. Goldschmidt was deserving of the Board's sympathy, but was concerned about the effect the house's condition had on the neighbors. There were no neighbors present to air their feelings, but Mr. Foot believed that the Board had an obligation to protect them and to uphold the pertinent laws. He urged the other Board members to vote no on this motion and allow a larger fine to be applied. The Recording Secretary polled the vote and the motion passed 5-2 (Messrs. Foot and Rossi dissenting.) Ms. Zibelli expressed her belief that the Board had been advised repeatedly that they were not there to punish people who were making an effort to comply. She believed that the applicant had put forth a lot of effort and that the property looked nice. Ms. Goldschmidt brought the property into compliance, cleared up the other liens, and Ms. Zibelli was confident that the Ms. Goldschmidt would continue to improve the property. Mr. Foot stated that it was not a political group. They were not making law and not discussing alternatives. They were a judiciary body and had to consider the law, not what felt good to them. Ms. Zibelli reiterated her reasons for voting yes on the motion and Mr. Foot stated, "You're a warm fuzzy but you're not a judge." Ms. Zibelli said, "Neither are you my dear," and asked that this exchange be put in the minutes. The Board Attorney advised Ms. Goldschmidt that during the five-day appeal period following the completion of the minutes and the signing of the Board Order, the City Commission could ask to hear the case. If they did not, the lien reduction would go into effect. VII. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 2:20 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) (050202) 3