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Minutes 02-27-03HINUTES OF THE CODE COHPLIANCE BOARD LIEN REDUCTION HEETTNG HELD TN COHMTSSTON CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON THURSDAY, FEBRUARY 27, 2003, AT 3:00 P.M. Present Chris DeLiso, Chairman Bob Foot .]ames Miriana (art~veal at $:05 p.m.) Enrico Rossi Dee Zibelli ]ames Cherof, City Attorney Scott Blasie, Code Compliance Administrator Absent Patti Hammer, Vice Chair Tom Walsh Michele Costantino, Alternate David Rafkin, Alternate CALL TO ORDER Chairman DeLiso called the meeting to order at 3:00 p.m. APPROVAL OF MINUTES None ITT. APPROVAL OF AGENDA Scott Blasie, Code Compliance Administrator, amended the agenda to remove case #93-2400, which is being settled through the City Attorney's office since the property is in foreclosure. Motion Mr. Foot moved to approve the agenda, as amended. Zibelli and carried unanimously. Motion was seconded by Ms. TV. SWEARTNG TN OF WITNESSES AND TNTRODUCTTON Mr. Blasie called the roll and noted that the respondents, Edmundo and Laura C. Manterola, were not present. The Recording Secretary administered the oath to all persons who would be testifying. Meeting Minutes Code Compliance Board Lien Reduction Meeting Bovnton Beach, Florida February 27, 2003 V. OLD BUSINESS A. LIEN REDUCTIONS Case #97-3458 Beatrice Givens 405 NW 3~ Avenue Mr. Blasie reported that this case was originally cited on September 19, 1997 for violations of the Community Appearance Code and also City ordinance regarding the regulating of unlicensed and inoperable vehicles. It came before the Board on December 17, 1997 and Ms. Givens appeared at that meeting. The Board set a compliance date of April 13, 1998 or be fined $25 per day. The property came into compliance on February 26, 2003. The fine is $44,350, plus administrative costs of $826.18. At the December 17, 1997 meeting, Ms. Givens pled no contest. The applicant has met the criteria for lien reduction per City ordinance. Mr. Blasie presented photographs taken May 1, 1998, May 20, 1998, .luly 15, 1998, and February 27, 2003 and showed them to the respondent to identify. Beatrice Givens, 405 NW 3rd Avenue, explained that she has lived here for 30 years. She is a senior citizen and a single parent..She felt that the Board had been quite lenient with her..She further explained that her son is now back home to help her..She could not do it without him. All the cars are gone and the gray Cadillac is now registered..She has applied to American Senior Citizens for assistance to remodel her house. Maurice Givens, son of the respondent, said that he had returned to Boynton Beach after being away for 12 years. He stated that Scott Blasie had been very lenient. Mr. Givens placed grass all around the property. When asked by Chairman DeLiso what kind of reduction they were requesting, Ms. Givens and her son replied "0, if possible." Motion Based on the testimony and evidence presented in Case No. 97-3458, 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. 97-3458, by virtue of this Board's Order of December 17, 1997 to an amount of $826.18, including administrative costs. Motion seconded by Ms. Zibelli and carried unanimously. Chairman DeLiso explained to the respondent that there is a five-day period for the City Commission to look at the reduction and if they do not agree, they will pull it to be heard before the Commission. Ms. Givens thanked the Board. 2 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida February 27, 2003 Mr. Blasie noted that there is actually a seven-day period. Case #01-3295 Marco & Patricia Acudelo 190 S. Palm Drive IVlr. Blasie reported that he met the property owner last week; however, he lives in New York and had to return to his job. There is a representative present that has a Power of Attorney to testify on his behalf. This property was originally cited on November 30, 2001 for violations of the City's Community Appearance Code. The property required grass. Tt came before the Board on February 20, 2002, at which time no one appeared. A date and fine was set by the Board of March 22, 2002 or $25 per day. The property came into compliance on February 13, 2003. The fine comes to $8,050, plus administrative costs of $826.18. Mr. Blasie presented two photographs taken on April 15, 2002 and two taken on February 27, 2003 and showed them to the owner's representative to identify. Mr. Blasie explained that when he spoke to the owner, he said that his nephews were living at the property and had never given him the certified mail from the City. The public records showed that the owner was living at the property. Mr. Blasie has certified receipts for notices, one signed by Alex Martinez and the signature on the other one cannot be read. When he spoke with the owner, he told Mr. Blasie that he was appalled at the condition of the property. Mr. Blasie stated that he did a nice job of cleaning it up. Ms. Castano, 4795 Gladiator Circle, Greenacres, appeared for the respondent. She said that she had known the respondents for a number of years. She explained that they moved back to New York because of the illness of Ms. Acudelo's relative. When they moved, they left the property in the hands of their relatives who have lived at the property since last year. Ms. Castano further explained that the respondents were not aware of the situation regarding the condition of the house. They were now attempting to sell the property. When Mr. Acudelo learned of the problem, he immediately communicated with Code Compliance. Ms. Castano stated that she had receipts for all the items Mr. Acudelo purchased to fix up the house. He put sod and sprinklers in and painted the house. When questioned by Chairman DeLiso whether any notices were sent out of state, Mr. Blasie replied that they were not because the records still showed the respondents as living at the property. The property was also posted once. Ms. Zibelli felt that if someone owns property and rents it out, they must take care of it and not wait until they are ready to sell the property. She did not feel that it was fair to the City or the neighbors. Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida February 27, 2003 Ms. Castano agreed and said that when the respondents left in March, their intention was to leave only temporarily in order for Ms. Acudelo to care for her sick mother. The respondents left some relatives in care of the house. Motion Based on the testimony and evidence presented in Case No.01-3295, 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, Mr. Miriana moved that this Board reduce the fines instituted in Case No. 01-3295, by virtue of this Board's Order of February 20, 2002 to an amount of $826.18, including administrative costs. Motion seconded by Mr. Foot. The Recording Secretary called the roll and the vote was 3 to 2 with Chairman DeLiso and Ms. Zibelli dissenting. Mr. Foot inquired whether certified mail that is sent out is specified to be delivered to the addressee only. He asked whether the post office can deliver mail to someone else at the location or does it have to go only to the addressee. Mr. Blasie was not aware of the post office policy; however, Florida Statutes state that anyone over the age of 15 living at the house can pick up the mail. Mr. Foot asked whether that satisfied our obligation to give proper notice. City Attorney Cherof said that it did. Ms. Zibelli was disappointed with the motion. She would have added $1,000 to the amount. Chairman DeLiso was looking for that same amount. Mr. Foot suggested reconsidering the motion. City Attorney Cherof said that a vote of 3 to 2 was insufficient to reduce the lien. It requires a majority of the entire Board, not the majority of the quorum that is here. Therefore, four affirmative votes are required to reduce a lien. Motion Mr. Foot moved to reconsider the motion. unanimously. Ms. Zibelli seconded the motion that carried Motion Based on the testimony and evidence presented in Case No.01-3295, 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, Mr. Foot moved that this Board reduce the fines instituted in Case No. 01-3295, by virtue of this Board's Order of February 20, 2002 to an amount of $1,826.18, including administrative costs. Motion seconded by Ms. Zibelli and carried unanimously. Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida February 27, 2003 Case #93-2400 3.T. & Doligene M. Morissett 211 NE 27th Avenue Case removed from agenda. Case #00-1083 Rigel & Nigel Kowlessar 2888 S. Seacrest Blvd. Mr. Blasie stated that this case was originally cited on IVlay 2, 2000 for violation of the City's Community Appearance Code involving unauthorized automobile repair in a residential zone, storage of unlicensed and/or inoperable vehicles, and missing grass. Tt came before the Board on .luly 19, 2000. Mr. Kowlessar appeared before the Board and the Board set a compliance date and a proposed fine of August 14, 2000 or $25 per day. The property came into compliance on February 3, 2003. The fine is $22,450, plus administrative costs of $826.18. Mr. Kowlessar also appeared at the fine certification hearing. Mr. Blasie presented two photographs taken on July 17, 2002 and two taken on February 27, 2003. He explained that the violation for the grass concerned the right-of-way and the yard areas on the north side of the property, which is shown in the photographs. He showed them to Mr. Kowlessar to identify. Mr. Foot asked Mr. Blasie to explain the phases of the clean up. Mr. Blasie responded that the cars were not cleaned up until the last 45 to 60 days when he initially met IVlr. Kowlessar, who was seeking the lien reduction. Code Compliance Officer, Skip Lewis, initiated another case because neighbors filed additional complaints (these violations have been satisfied). Mr. Blasie thought that the grass violation was complied with about the same time as the cars. He was not sure when the automobile repair ceased. When Mr. Kowlessar initially spoke to Mr. Blasie regarding the lien reduction, there were still some auto parts behind the fence. Mr. Blasie also advised the Board that the respondent appeared before the Board in the past for the same violations - Case #01-1514 and Case #01-3506, which are no longer outstanding. Mr. Blasie said Mr. Kowlessar was using the north side of the driveway in the swale as a parking lot for family members as parking is at a premium. It was obvious to Code Compliance that he was repairing cars and the neighbors complained. Ms. Zibelli was concerned that the oil from these vehicles drips down into the aquifer and she felt that Mr. Kowlessar should be concerned for the health of the community. Nigel Kowlessar, 2888 S. Seacrest Boulevard, said that he was not doing any repairs to automobiles. There was a red Cadillac parked in the back, but the transmission was not working and he bought one from the junkyard, because he could 5 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida February 27, 2003 not afford to have it put in. The two vehicles he had in the back cost him a lot of money and he had to have the junkyard take them away for $25 each. Mr. Kowlessar explained that the violation for the grass complied a long time ago. He is now trying to get refinancing on his house and said he cannot get the mortgage refinanced with this lien on the property. He stated that he did not know anything about the lien previously. He has been out of work since last September and his house is in foreclosure. If the lien was cleared up, he could get the refinancing and keep his house. He cannot afford to re-sod the whole yard at one time and does a little at a time. He said he was in compliance now, but plans to put in a sprinkler system and more sod to make it look better. When he purchased the house, he had sod put in but could not afford a sprinkler system and the grass dried up. When questioned regarding what kind of reduction he was requesting, Mr. Kowlessar said "0" as he could not afford anything right now. Motion Based on the testimony and evidence presented in Case No. 00-1083, 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, lVls. Zibelli moved that this Board reduce the fines instituted in Case No. 00-1083, by virtue of this Board's Order of July 19, 2000 to an amount of $2,826.18, including administrative costs. Motion seconded by Mr. Foot and carried unanimously. Mr. Kowlessar said that he cannot afford to pay this. Chairman DeLiso explained that there was no way the Board could justify reducing the lien to zero. He told Mr. Kowlessar that when he refinanced, the mortgage company could pay this off and add it to his mortgage, and he should let his mortgage company know about the lien reduction. Chairman DeLiso told Mr. Kowlessar that he had the right to appeal to the City Commission if he did not agree with the Board's decision. Case #01-2627 Edmundo & Laura C. Manterola 2215 NE 4th Court Respondents not present. 6 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida February 27, 2003 VI:. ADJOURNMENT There being no further business, the meeting properly adjourned at 3:37 p.m. Respectfully submitted, Bonnie Glinski, Deputy City Clerk