Loading...
Minutes 09-26-02MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, SEPTEMBER 26, 2002 AT 3:00 P.M. Present Chris DeLiso, Chairman (left at 3:15 p.m.) Patti Hammer, Vice Chair Bob Foot Enrico Rossi Tom Walsh Dee Zibelli Michele Costantino, Alternate David Rafkin, Alternate Absent James Miriana CALL TO ORDER David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Chairman DeLiso called the meeting to order at 3:05 p.m. II. APPROVAL OF MINUTES None III. APPROVAL OF AGENDA Mr. Foot requested adding to the agenda a discussion on scheduling the Lien Reduction Meeting in December 2002. Mr. Blasie said he was prepared to discuss this. IV. SWEARING IN OF WITNESSES AND INTRODUCTIONS Mr. Blasie called the roll and reported that all applicants were present. Motion Vice Chair Hammer moved to accept the Agenda, as amended. Motion seconded by Mr. Walsh and unanimously carried. The Recording Secretary administered the oath to all persons who would be testifying. Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 V. OLD BUSINESS A. LIEN REDUCTIONS Case #00-2790 Boynton Industrial Park Assoc. 1000 W. Industrial Ave. Mr. Blasie reported that the property was cited on October 18, 2000 for violations of the Land Development Regulations. The tenant that occupied the property brought in a substantial amount of fill onto the property and stored heavy equipment, debris and construction trailers there as well. The case first came before the Code Compliance Board on January 17, 2001, and Attorney Jean Conway appeared on behalf of the respondent. A compliance date of May 14, 2001 was set or be fined $50.00 per day. The property complied on August 26, 2002 for 468 days of non-compliance. The fine came to $23,400.00, plus administrative costs of $730.15. Mr. Blasie pointed out that the applicant has been exemplary in cooperating and working with the City and as soon as he became aware of the problems, the violations were corrected as soon as possible. The applicant also had to institute eviction proceedings to get the tenant off the property. Mr. Blasie presented two photographs taken today and others taken in June and August of last year. Chairman DeLiso introduced Larry Finkelstein, CRA Chairman, who was in the audience. Ms. Zibelli inquired why it took so long to bring the property into compliance. Mr. Blasie explained that the property owner resides in New Jersey and the tenant, Phoenix Wrecking Corporation, was supposed to bring in fill in exchange for some of the land. Phoenix did bring in the fill, but did not obtain the proper permits. Phoenix did obtain a permit sometime in 1996 because they were cited at that time and appeared before the Code Board. However, because Phoenix never had any inspections, the permit was voided, thus resulting in this new case. The applicant was cited for bringing in fill without a permit, storage of debris, hurricane hazards, non -permitted outbuildings, etc. Attorney Marta M. Suarez-Murias, represented the owner of the property and introduced Mr. Charles Millar, the principal of the company. Ms. Suarez-Murias pointed out that the property is owned by Boynton Industrial Parks Associates that owned lots 3 through 9. With the cooperation of the City, they sold lots 5 through 9 in January of this year to businesses that wished to build in this area. She pointed out that Mr. Millar lives in New Jersey and purchased these lots many years ago. Because her client wanted to add fill to the lots, he contracted with Phoenix Wrecking Corporation. Instead of Phoenix adding fill, they turned the property into a dumping site by charging other companies to use the property as a 2 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 dumping ground. Ms. Suarez-Murias pointed out that they had to sue Phoenix to remove them from the property. This involved proceedings for ejection and trespass that took almost six months to get them off the property. Once they were removed from the property, her client had to spend up to $40,000 to remove all the debris and equipment stored on the property. Ms. Suarez-Murias stated that her client was unaware of what was really going on because he received letters from attorneys stating that they would be attending the hearings. Mr. Millar thought that everything was going smoothly and was totally unaware of the situation. The property has now been cleared and graded and looks beautiful. She pointed out that her client had been victimized by Phoenix Wrecking Corporation. Vice Chair Hammer inquired why the owner of the property never came down from New Jersey to look at the property. Ms. Suarez-Murias responded that her client visited the property during Thanksgiving and when he discovered what was going on, he immediately hired her law firm to rectify the situation and remove Phoenix Wrecking. She did not think that he had been to Florida previously. Mr. Rafkin inquired if Phoenix Wrecking received the acre of land and Ms. Suarez-Murias stated that they did not. Phoenix sued her client and then withdrew their claim. Attorney Tolces requested that Board Alternate Michele Costantino assume Chairman DeLiso's place on the dais, since he left the meeting. Mr. Rossi felt that the owner was placing all the blame on Phoenix Wrecking and noted that the owner was still responsible for his property. Mr. Rossi inquired how long the property was in unacceptable condition. Ms. Suarez-Murias noted that Phoenix was evicted in August of this year. Mr. Blasie pointed out that the violation was originally on lot #3, but it attached to the rest of the lots. The other lots had been cleaned up earlier and her client received partial releases for these lots so that the lots could be sold. Some of those lots are already being developed. He pointed out that all lots were cleaned up in August except for lot #3 because they were in the process of ejecting Phoenix through the courts. Mr. Blasie felt that the respondent was very cooperative in getting the property cleaned up and brought into compliance. Mr. Foot asked if the City had any recommendations. Mr. Blasie restated that the respondent was very cooperative throughout the entire process. Mr. Foot inquired what affect the property had upon the adjacent properties. Mr. Blasie pointed out that the area was zoned M-1, and he did not think that there was a negative impact upon the adjacent property owners. 3 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 Motion Based on the testimony and evidence presented in Case No. 00-2790, 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. Rossi moved that this Board reduce the fines instituted in Case No. 00-2790, by virtue of this Board's Order of January 17, 2001 to $3,000, including administrative costs. Motion seconded by Ms. Zibelli. Mr. Foot felt that because of all the inspections associated with the case and the length of time it took for the property to come into compliance, the fine should be in the amount of $10,000. Vote The Recording Secretary called the roll. The motion carried 6-1 (Mr. Foot dissenting). Mr. Millar thanked all the City staff for their assistance and cooperation and noted that the staff is a great asset to the City. Mr. Blasie explained that the decisions made today are forwarded to the City Commission along with the minutes. The City Commission has seven days to review the order and the order is not final until the City Commission reviews the decision. The applicant also has the right to request that the Board's decision be placed on the agenda to be heard by the City Commission. Case #00-2129 Boynton West Condo Assn., Inc. 3020 SW 14th pl. 2920 SW 22nd Circle 319 E-1 Delray Beach, FL 33445 Clifford Schmidt, 2920 SW 22nd Circle, Delray Beach, was present representing the condominium association and some of the owners. Mr. Blasie stated that the property was cited on August 22, 2000 for violation of the Land Development Regulations and Community Appearance Code. The case first came before the Board on January 17, 2001. A compliance date of April 16, 2001 was set or be fined $25.00 per day. The respondent was present at that hearing. The property complied on August 20, 2002 for 490 days of non- compliance, resulting in a fine of $12,250.00, plus administrative costs of $826.18. The property is now in total compliance. Mr. Blasie presented photographs --two were taken on December 20, 2000 and January 17, 2000 and three that were taken today. Mr. Blasie presented the old photos to the respondent to identify. 4 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 Mr. Schmidt noted that the sod was installed in November 2001, but they did not contact the City to come out to reinspect the property. The other violations were corrected in April 2001. Mr. Foot asked where this property was located and Mr. Schmidt responded that this was a warehouse development near South Technical High School. Mr. Foot asked why it took the respondent so long to replace the sod. Mr. Schmidt responded that the condo association did not have any reserves and he had problems with obtaining the money from the owners. When some new owners came onboard, the property was brought into compliance. Also, he thought that they held off planting the sod because there was a drought at that time. Ms. Zibelli asked how quickly the dumpster was cleaned when the respondent was cited, and Mr. Schmidt responded that the dumpster was cleaned immediately. He pointed out that they have a ongoing problem because the public continually leaves items in and around their dumpster. Mr. Foot inquired if people were prohibited from putting in sod during the drought, and Mr. Blasie said they were not. There were special provisions for new plantings. There were some limitations, but new plantings could be watered. Mr. Blasie pointed out that the areas that the respondent was required to sod included medians that get torn up by trucks, and it is difficult to keep the grass when the main road is traversed by 18 -wheelers. Mr. Foot inquired if staff had a recommendation. Mr. Blasie responded that this is not a problem property and the respondent has worked with the City in bringing the property into compliance. Vice Chair Hammer inquired if it was proper for the Board to ask Mr. Blasie for a recommendation. Attorney Tolces responded that this Board can ask whatever questions they may want, but the ultimate decision is up to the Board. Mr. Blasie did not think it was ethical for him to recommend a dollar amount. He felt it was his job to present the case, and it was up to the Board to make a decision. Motion Based on the testimony and evidence presented in Case No. 00-2129, 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, Ms. Zibelli moved that this Board reduce the fines instituted in Case No. 00-2129, by virtue of this Board's Order of January 17, 2001 to $826.18, including administrative costs. Motion seconded by Mr. Walsh. Mr. Foot was of the opinion that the City is not properly prosecuting the case without making a recommendation of a fine and feels that the fine being 5 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 recommended in this case was not sufficient. Mr. Foot recommended a $2,000 fine. Vote The Recording Secretary called the roll. The motion carried 4-3 (Messrs. Foot, Rossi and Rafkin, dissenting.) Case #99-676 Gertrude Dunbar 2451 N. Seacrest Blvd. Mr. Blasie reported that the property was originally cited on April 7, 1999 for violation of the Standard Building Code for not obtaining a permit for a chain link fence. The case came before the Board on May 19, 1999 and no one appeared. A compliance date of June 14, 1999 was set or be fined $25 per day. The property complied on January 4, 2000 for 203 days of non-compliance and a fine of $5,075 plus $634.12 in administrative costs. Gertrude Dunbar, 2451 N. Seacrest Boulevard, Boynton Beach, requested that she be assessed no fine because of serious financial hardship. She stated when the property was cited she was living in West Palm Beach. Her son and family occupied the property. Her son never told her of the violations or the notices. Because of health reasons, she could not drive and did not go to Boynton Beach very often. She reported that her son took the fence down. She found out about the code violation in April 2001. Her son and his family no longer live there. She has since moved back to Boynton Beach and while trying to get a loan on the property, she found out that the lien was still on the property. Mr. Blasie said that notices were sent to Boynton Beach because the County tax records on April 1, 1999 indicated that this property had a homestead in her name. The City was unaware that the respondent was living in West Palm Beach. Motion Based on the testimony and evidence presented in Case No. 99-676, 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. Foot moved that this Board reduce the fines instituted in Case No. 99-676, by virtue of this Board's Order of May 19, 1999 to $634.12, including administrative costs. Motion seconded by Mr. Rafkin and carried 7-0. Case #88-20003150 Annie Knowles 212 NE 11th Avenue Mr. Blasie explained that the next two cases involved vacant property that adjoin, although the respondents are not related. When the properties were originally cited, there were structures on the parcels. The City has since razed the houses. 0 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 Annie Knowles, 137 SW 10th Avenue, Delray Beach, stated that when the property was originally cited she was referred to the County for assistance to fix the property. At that time she was employed by an attorney who appeared at the original hearing and he informed her that the case had been taken care of. She did not know that there was a lien on the property until she tried to sell it. A representative spoke on behalf of Ms. Knowles. She stated that Ms. Knowles had been cited by the City and that the property had to be demolished. Ms. Knowles applied to the County to assist in the demolition, but the property was not demolished until May the next year by the City. Ms. Knowles tried to keep the property clean, but people kept dumping trash on it. She said that Ms. Knowles would never had allowed the fine to run if she had been aware of it. Vice Chair Hammer inquired when the building was razed and was informed May 1, 1992, which, in effect, was the date of compliance. Mr. Blasie pointed out that the fine was so large because in the1980's the fine was usually $250 per day. If the fine were $25 per day, it would be $19,425, not $194,250. Mr. Blasie explained the reason that the respondent applied to the County for assistance was due to the fact that the City did not have its own Community Redevelopment Division to assist people. There is a document in the file signed by Ms. Annie Knowles on December 17, 1990, authorizing the demolition of the structure. By signing the consent form, Ms. Knowles was not liable for the costs of the demolition; however, the City used County funds to raze the building. Mr. Blasie had no other information in the file. Mr. Foot asked if the City had any recommendation. Mr. Blasie felt that the delay in the demolition was due to the County's inability to act in a timely manner. Motion Based on the testimony and evidence presented in Case No. 88-20003150, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Walsh moved that this Board recommend to the City Commission that the fine instituted in Case No. 88-20003150, be rescinded and that the lien imposed by that Order be released. Motion seconded by Mr. Rossi. Mr. Foot felt that the Board had an obligation to the City that performed the work and he recommended a fine of $250. Mr. Foot requested that the motion be amended to indicate that the Board is making the order and that the City Commission is not being asked to consider the Board's recommendation. 7 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 Attorney Tolces recommended that Mr. Walsh amend his motion and he said he did not wish to amend his motion. Mr. Foot pointed out that the statute had been changed and the Board's decisions are no longer sent to the Commission for their consideration. Attorney Tolces confirmed that Mr. Foot's interpretation was correct. Mr. Tolces stated that the motion should be restated that this Board approves the rescission of the fine as opposed to recommending it. Vote Mr. Walsh agreed to amend his motion to reflect the correct wording. Mr. Rossi seconded the amended motion. The motion carried 6-1 (Mr. Foot dissenting.) Case #97-3661 George Martin 208 NE 11th Avenue C/o Rosetta Martin Clark 2887 Cortez lane Delray Beach, FL 33445 Mr. Blasie reported that the violation date was October 5, 1997 for violation of the Community Appearance Code. The case was brought before the Board on January 21, 1998 and no one appeared. A compliance date of February 17, 1998 or $25 per day was set. The property complied on October 5, 1999 for 595 days of non-compliance for a fine of $14,875, plus administrative costs of $730.15. Rosetta Martin Clark, 2887 Cortez Lane, Delray Beach, FL 33445 asked that the fine be rescinded. She stated that she is the youngest sister of George Martin who died on October 31, 1989. Mr. Martin used to live at 1015 NW 3rd Street and she was unaware of any violations on the property since she never received any of them. She inherited the property and has been paying the taxes. George Martin's children previously occupied the property. There was a fire at the house and when she contacted the City some years later to find out the costs of the demolition of the house, she was informed that she did not have to pay any money. Vice Chair Hammer noted that the respondent was in compliance prior to the fire and Mr. Blasie stated that was correct. He stated the property complied on October 5, 1999 and the fire occurred in April 2000. The demolition took place on April 24, 2000. Mr. Blasie thought that the adjacent church to this lot and the prior lot was interested in purchasing them to expand. Ms. Clark said that she had no money to pay the lien and has been laid off. Ms. Zibelli inquired about the two different addresses and Ms. Clark responded that at one time her brother did live at 208 NE 11th Avenue with his children. Mr. Blasie stated that all notices were sent to 1015 NW 3`d Street. 0 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 Motion Based on the testimony and evidence presented in Case No. 97-3661, 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. Foot moved that this Board reduce the fines instituted in Case No. 97-3661, by virtue of this Board's Order of January 21, 1998 to $730.15, including administrative costs. Motion seconded by Ms. Zibelli and unanimously carried. VI. OTHER Mr. Rossi thought that the Board needed to discuss its philosophy in determining a reasonable amount for a fine. He noted there was a great disparity among the Board members on what the fines should be. He also did not think that it was a good idea to put Mr. Blasie on the spot for recommendations. Mr. Blasie pointed out that there are three criteria in the Florida Statutes that establish a guideline on how to assess a fine, which is (1) the gravity of the violation, (2) the efforts of the violator to correct the violations, and (3) are they habitual violators. Attorney Tolces pointed out that each case comes to the Board with its own unique set of facts and circumstances and it may be difficult to apply a uniform policy or procedure. He pointed out that the Board could set its own policy and rules if it wished. Mr. Rafkin feels that the City wants compliance and that most cases are dealt with in this manner. Mr. Foot suggested holding a workshop to review this issue. Mr. Foot asked Mr. Blasie to determine if other communities have guidelines for discussion. Mr. Rossi did not wish to put anything in writing; he merely wanted to have a discussion. Mr. Blasie said that he would speak with other communities. He was of the opinion, however, that most communities deal with their cases on a case-by-case basis. Vice Chair Hammer inquired how much money the Board made this year and how it is used. Mr. Blasie said that every year the amount collected increases and it goes into a separate account. He pointed out that the money cannot be spent without the City Manager's approval. The money is usually spent on demolitions and boarding up structures. Scheduling of Lien Reduction Hearing for December 2002 Mr. Foot requested that the lien reductions for December be included with the regular December agenda or changed to January 2, 2003. Mr. Blasie suggested Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FL September 26, 2002 if there were not many cases for lien reductions in December, he would defer the cases to the regular January Lien Reduction Meeting. VII. ADJOURNMENT There being no further business, the meeting properly adjourned at 4:35 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (September 27, 2002) 10