Loading...
Minutes 04-25-02MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, APRIL 25, 2002 AT 3:00 P.M. Present Chris DeLiso, Chairman Patti Hammer, Vice Chairperson James Miriana Enrico Rossi Thomas Walsh Dee Zibelli Dave Rafkin, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Absent Bob Foot Michele Costantino, Alternate CALL TO ORDER Chairman DeLiso called the meeting to order at 3:10 p.m. II. APPROVAL OF MINUTES OF JANUARY 24, 2002 Motion Mr. Miriana moved to accept the subject minutes as written. Mr. Walsh seconded the motion that carried unanimously. III. AGENDA APPROVAL Motion Mr. Walsh moved to accept the agenda. Mr. Miriana seconded the motion that carried unanimously. IV. ROLL CALL Mr. Scott Blasie, Code Compliance Administrator, called the roll and noted that Terry Bryant, CaSe 99-939, was not present and asked that the case be tabled. Chair DeLiso wished to go on record as apologizing to Mr. Rossi because the canopy issue had changed and Mr. Rossi was correct (in reference to a discussion at their previous meeting.) The City has changed their point of view on canopies and are not allowing any canopies whatsoever in the City, whether on a boat dock or in the yard, even if they are off the ground and on the boat trailer. Mr. Blasie stated that the Boat and RV section of the Code of Ordinances was being amended to cover canoPies. The exact language is yet to be determined, but Will Meeting Minutes Code Compliance Board Boynton Beach, Florida April 25, 2002 generally say that the only canopies allowed for boats are things that are typically part of the boat or boat canvas coverings that are typically used to cover boats. This action takes the canopy issue out of the debate over whether they are structures. 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. 99-939 Terry Bryant 9'15 39th Street West Palm Beach, FI 33407 30'1 Ocean Parkway Mr. Blasie recommended that Case No. 99-939 be tabled until staff notifies the Board that they are in compliance. Upon inspecting the property today, they were not totally in compliance with Code. At the time of application, the property met Code. Since then, the tenants have accumulated some debris and an unlicensed vehicle. The owner was contacted and stated that he could not rectify it before today's meeting. Motion Mr. Walsh moved to table CaSe No. 99-939 until notified by the Code Enforcement Division. Vice Chair Hammer seconded the motion that passed unanimously. Mr. Tolces will look into the matter of whether the applicant would have to pay for another lien reduction application. Mr. Blasie believed that one half of the fee would be forfeited. Eslett Ruiz 7486 Coconut Drive Lake Worth, FI 33463 1525 N.E. 1st Street Case No. 96-2626 Mr. Blasie reported that the property was originally cited July 10, 1996 for violations of the City's Community Appearance Code. Ms. Ruiz appeared at the hearing and a date for compliance was set of November 18, 1996 or be fined $20.00 per day. The property came into compliance December 15, 1999 for 1,121 days of non-compliance. The accrued fine amounts to $22,300.00 plus administrative costs of $826.18. Mr. Blasie stated that Ms. Ruiz had been having some health problems and he thought that this was a factor in the delayed compliance. He showed the Board two photographs taken September 16, 1996 and two more taken on the day of this meeting. Mr. Blasie also showed the Board an unsigned Contract for Sale of the subject property. Mr. Tolces asked the applicant to explain the status of the Contract for Sale. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida Apd125,2002 Eslett Ruiz, 7486 Coconut Drive, Lake Worth, FI 33463, stated that thera is a contract and they were waiting to close. It will close when the lien reduction issue is resolved. The Board wished to know if the majority of the delay in compliance was because of her illness. Ms. Ruiz detailed her various illnesses, surgeries, and therapy for the Board. It was her contention that her health had prevented her from bringing the property into compliance any sooner. She had engaged various people who had stated they would do the work for her but let her down. She had it all fixed up at one time and the tenants demolished it so she decided to sell it and left it empty, and it has remained empty for the last three years. Various people contracted to buy it in the past but failed to do so because of the lien. At one time she had tried to sell the property "as is" including the lien amount. Mr. Walsh inquired why there was no buyer's signature and date on the addendum to the Contract for Sale. Ms. Ruiz was originally advised that the buyers were out of state and the realtor had faxed the agreement to them but had not received it back yet. She spoke to the realtor again and was told that it had been signed and faxed back to the buyer's realtor. Mr. Walsh asked why she did not have a copy of this and she offered to go pick it up. Chair DeLiso asked Ms. Ruiz the name of her realtor and she replied, Mark V. Mr. Rossi asked if Ms. Ruiz had made any attempt to bring the property into compliance over the past three years. Mr. Blasie stated that she had painted the house and repaired some broken windows quite some time ago. He also belieVed that she had done a lot of work on the inside. Chair DeLiso stated that when she came before the Board it did look nice but the tenants destroyed it. Ms. Zibelli noted that she would not realize much gain from the sale of the house because the mortgage was very close to the selling price. Motion Based on the testimony and evidence presented in Case No. 96-2626, 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. 96-2626, by virtue of this Board's Order of September 18, 1996, be reduced to $826.18 including administrative costs. Mr. Walsh seconded the motion that passed unanimously. Mr. Blasie explained to Ms. Ruiz that there was a seven-day period during which the applicant or the City Commission could request that the case be brought before the City Commission for further consideration. The seven days do not start until the minutes are completed and the Chairman signs the Order. Chair DeLiso asked the Recording Secretary to expedite the preparation of the minutes. VII. OTHER 1) Mr. Blasie provided flyers to the Board advertising a Code Enforcement State Conference this June in Jacksonville, and invited all interested Board members to Meeting Minutes Code Compliance Board Boynton Beach, Florida April 25, 2002 attend. Mr. Blasie stated that Robert Hamilton, a speaker at the conference, was very knowledgeable and he encouraged everyone to go to hear what he had to say. 2) Vice Chair Hammer inquired whether the canopies that were erected with a permit from the Building Department would be allowed to remain. Mr. Blasie stated that anyone that had been given a permit for a canopy from the Building Department, in accordance with the Building Code, would be allowed to retain his or her canopy(les). He did not believe any of the canopy cases brought before the Board to date involved canopy owners who had received permits from the Building Department. He thought that the only canopy owners that had permits from the Building Department were the ones at commercial establishments like restaurants and the car wash. Mr. Tolces stated that just because something had received a permit, it was not necessarily "legal". The permit could have been issued in error or in violation of the law. Ms. Zibelli asked about the awnings on poles under which people sit. Mr. Blasie stated that these awnings were not being addressed at this time. VIII. ADJOURNMENT Since there was no further business before the Board, the meeting was duly adjourned at 3:30 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) 042502 4