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Minutes 03-27-03MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 27, 2003 AT 3:00 P.M. Present Bob Foot, Acting Chair Michele Costantino James Miriana Eric Rossi Absent Chris DeLiso, Chair Patti Hammer, Vice Chair Dee Zibelli David Rafkin, Alternate I. Call to Order David Tolces, Assistant City Attorney Scott Blasie, Code Administrator The meeting was called to order at 3:05 p.m. Vice Chair, Mr. Foot made the following motion: Motion Mr. Foot moved to appoint Mr. Rossi Acting Chair. Miriana. Mr. Rossi declined to accept the appointment. Motion In the absence of the Chair and Motion seconded by Mr. Ms. Costantino moved that Mr. Foot be appointed as Acting Chair. Motion seconded by Mr. Miriana. Attorney Tocles inquired if Acting Chair Foot would like to withdraw his prior motion, which he agreed to do. Mr. Miriana withdrew his second of that motion. Vote The motion to appoint Mr. Foot as Acting Chair carried unanimously. Attorney Tolces informed the applicants that they were present today for lien reductions and there were only four members of the Board present; a full Board consists of seven members. The Code requires that in order for a lien reduction to be approved it must be approved by a majority of the full Board. Therefore, in Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 order for a motion to pass, it will be necessary that all four members vote affirmatively. If a member votes nay, the request for a lien reduction would fail. Attorney Tolces suggested that an applicant could have the request for a lien reduction rescheduled to next month when more members would be present. The applicant should make this decision when the case is called. II. Approval of Minutes None III. Approval of Agenda Motion Ms. Costantino moved to approve the Agenda. Motion seconded by Mr. Rossi and unanimously carried. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be testifying. V. Old Business A. Lien Reductions Case No. 98-1571 Crystal L. Simpson 3201 N. Seacrest Blvd. Mr. Blasie presented the case and reported that the case was initiated on April 9, 1998 for violation of the Community Appearance Code and for Part 3 of the Land Development Regulations pertaining to hedge height. The case first came before the Board on February 17, 1999 and no one appeared. A compliance date of March 15, 1999 was set or be fined $25 per day. The property complied on March 25, 2003 for 1,437 days of non-compliance and a fine of $35,925, and the applicant has met the cdteria for a lien reduction. Mr. Blasie presented photos to the applicant and then to the Board; two photographs were taken in 1999 and three photographs were taken today. Acting Chair Foot inquired why the minutes of the fine certification hearing were not included in the agenda packet. Mr. Blasie explained that he did not include those minutes since the applicant was not present at the hearing, which took place on May 19, 1999 and there was no testimony. Mr. Blasie stated that this same scenario applied to all three cases. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Acting Chair Foot inquired why the respondent was originally cited and Mr. Blasie stated that it was primarily for grass and a hedge. Acting Chair Foot inquired about the fence, and Mr. Blasie responded that the fence was in compliance. Mr. Blasie reported that the applicant tried to get assistance from Community Development in October 1998, but was turned down because there were other code violations. Crystal Simpson assumed the podium in a very distraught condition and was emotional throughout her entire testimony, which made it difficult for her to speak. Ms. Simpson said that she did receive sod from the City and that is when she found out that there was a lien on her property. Ms. Simpson said if she had known there was a lien on her property, she would never have let it go for that long a period of time. Acting Chair Foot inquired when the sod was installed on her property and she said it was probably towards the end of last year, but she did not recall the date. She also purchased another pallet herself last week to complete the grass. Acting Chair Foot inquired about the hedge, and Ms. Simpson said that she takes care of the hedge on a regular basis. The reason she did not purchase the sod when she was originally cited was due to her financial condition and she could not afford it. Acting Chair Foot inquired if Ms. Simpson received proper notice and was informed that she did. Ms. Simpson said that she did not understand the notice when she received it. Acting Chair Foot inquired if the City had any additional contact with the applicant. Mr. Blasie thought that the applicant may have appeared at another hearing and asked her if this was for another case. Ms. Simpson stated that she appeared at another hearing last year for sod. Mr. Miriana inquired how the property looked, and Mr. Blasie responded that the property is in good condition. Mr. Blasie stated that since this is the only lien on the property, he would assume that the other case complied. Mr. Blasie requested to contact his office to determine if this were the case. If the property complied sooner than indicated, this would reduce the amount of the fine. Ms. Costantino requested that Mr. Blasie follow through. Ms. Simpson stated that she had applied to the City for assistance in 1998 but did not receive it. She began working at a different job that paid less and was then qualified for assistance from the City, which she received in the form of sod. RECESS WAS DECLARED AT 3:23 P.M. THE MEETING RECONVENED AT 3:30 P.M. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Mr. Blasie reported that there was a newer case for the applicant, and the property came into compliance on September 10, 2002. Therefore, the compliance date for this case should be changed from March 25, 2003 to September 10, 2002. Acting Chair Foot said that this would reduce the number of non-compliance days by approximately 180, but the fine would still be around $30,000. Mr. Miriana asked if the property owners are notified when the liens are filed, and Mr. Blasie responded that they are furnished with the proper documents by mail. Ms. Simpson said when she received those notices, she did not understand them. Mr. Miriana suggested fining the applicant the administrative costs, plus $1,000 for a total of $1,634.12. Ms. Costantino pointed out how distraught the applicant was and she did not feel that this large fine was fair. She noted that the applicant tried to comply and tried to get assistance. Ms. Costantino suggested assessing only administrative costs. Motion Based on the testimony and evidence presented in Case No. 98-1571, 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. Costantino moved that this Board reduce the fines instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $0 and $634.14 in administrative costs. Motion seconded by Mr. Rossi. Mr. Miriana requested that the motion be amended to include an additional $1,000. He felt that the case had dragged on too long. Mr. Rossi suggested that Ms. Costantino amend her motion to make the total fine $1,000 that would include the administrative costs. Ms. Costantino had concerns for the applicant and that she could lose her property if a large fine were assessed. Ms. Costantino would not amend her motion as requested. The Recording Secretary called the roll and the motion failed 1-3 with Acting Chair Foot, Messrs. Midana and Mr. Rossi dissenting. Motion Based on the testimony and evidence presented in Case No. 98-1571, 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 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000 plus $634.14 in administrative costs. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 98-1571, 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. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000, including administrative costs. Motion seconded by Ms. Costantino, which unanimously carried. Attorney Tolces explained that the City Commission will receive a copy of the finding and the applicant will be notified when the paperwork has been finalized. Case #00-2856 Jeffrey & Beverly Annabel 327 SW 1st Ave. Mr. Blasie reported that the property was originally cited on October 25, 2000 for violation of Part 3 of the Land Development Regulations, pertaining to the height of the hedge. The case first came before the Board on December 20, 2000 and the applicants did appear. A compliance date of March 21, 2001 was set or be fined $25 per day. The property came into compliance today, March 27, 2003. The fine for 735 days of non-compliance amounts to $18,375, plus $634.12 in administrative costs. Mr. Blasie presented photographs of the property to the applicant and then to the Board; five photos taken on March 28, 2001 and two photos taken March 27, 2003. Mr. Blasie explained that the applicant is not being required to comply with the grass in the swale area, because her street is part of a City project that will receive new water mains and sewer facilities. At that time, new curbs and gutters will be installed. Beverly Annabel asked Mr. Blasie for copies of the documents from the Code Compliance Hearing that she attended. She said that at the time of the original hearing she provided letters from her neighbors that testified that her property was kept in beautiful condition and was well maintained. She noted that the hedges have been on the property for over 85 years at the same height. She said when she purchased the home in 1988 it was never brought to her attention that the hedges were in violation. Her house is on a hill and the hedges afforded them privacy and provide aesthetic value to the neighborhood. Ms. Annabel said if she had known the hedges were in violation, she would not have purchased the property. The hedges have now been cut to the proper 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 height in accordance with the Code, but now they have no privacy. The applicant said that she would never knowingly break any laws. She also pointed out that she has severe financial difficulties and that her husband is disabled and unable to work. She has lost several jobs and has had to refinance her house to get by. The first time when she refinanced her house in 2001, there was no lien on the property. However, she has been laid off again and when she went to refinance a second time, the lien showed up. The applicant also felt that it was the City's responsibility to cut down the hedges that were in the swale area since this is public property. She said that she did not have the money to clear the swale area and asked the City to do it. Acting Chair Foot inquired if the City was required to furnish the applicant with copies of documents, and Attorney Tolces said that it was not the responsibility of the City to provide these documents at a lien reduction proceeding. It is the responsibility of the applicant to bring any documents that they would like the Board to consider during a lien reduction. Acting Chair Foot asked what the date was for the lien certification hearing and was informed that it was April 18, 2001. No one appeared and a fine of $25.00 per day was set. Ms. Annabel said that she looked at the City Code and it said that it was the City's responsibility to certify that a property be in full compliance prior to the sale of that property. It also stated that the property must be inspected and certified before a certification of title can be transferred from one owner to another. She said that this was not done when she purchased her home. Attorney Tolces explained that the City does not get involved in private property transactions. A person or title company can make a request to the City to determine if there are any liens on the property, and the City will supply that information. It would be impossible for the City to inspect every piece of property being sold. Mr. Rossi noted that there was a remark in the minutes regarding endangered species and asked how the City addresses this. Mr. Blasie pointed out that in Chapter 10, Section 2 of the City Code it states that Australian Pine and Florida Holly must either be removed or cultivated. Mr. Blasie said that the intent of the Code is not to let the Florida Holly grow out of control. He noted that there was Florida Holly and Australian Pine growing in the applicant's hedges. Ms. Annabel said it cost her $3,000 to cut down the hedges today, which she paid for herself. She has never received any kind of assistance from the City. Mr. Blasie pointed out that if the hedges were in the right-of-way, the City would probably have taken them down when the infrastructure project begins. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Motion Based on the testimony and evidence presented in Case No. 00-2856, 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. 00-2856, by virtue of this Board's Order of December 20, 2000, to $0 and $634.14 in administrative costs. Motion seconded by Ms. Costantino. Acting Chair Foot felt that this case was more flagrant than the previous case and recommended a fine of $1,000. Mr. Rossi amended his motion to change the total fine to $1,000. Ms. Costantino would not amend her second of the motion. Mr. Rossi withdrew his original motion. Motion Based on the testimony and evidence presented in Case No. 00-2856, 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. 00-2856, by virtue of this Board's Order of December 20, 2000, to $1,000, including administrative costs. Acting Chair Foot passed the gavel and seconded the motion. The Recording Secretary called the roll and the motion failed 3-1 (Ms. Costantino dissenting). Motion Based on the testimony and evidence presented in Case No. 00-2856, 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, Acting Chair Foot moved that this Board reduce the fines instituted in Case No. 00-2856, by virtue of this Board's Order of December 20, 2000, to $750, including administrative costs. Motion seconded by Ms. Costantino. The Recording Secretary called the roll and the motion carried 4-0. Attorney Tolces explained that after the City Commission reviews the case, Ms. Annabel will receive an order reducing the lien to $750. 7 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Case #~)1-608 Joseph Amore 1745 Banyan Creek Ct. Mr. Blasie reported that the property was originally cited on March 16, 2001 for violation of the Standard Building Code, permits and inspections required, as well as the Standard Plumbing Code. The applicant had placed a water heater outdoors without permits and inspections. The case came before the Board on May 16, 2001 and the applicant did appear. A compliance date of August 13, 2001 was set or be fined $25 per day. The property complied on March 10, 2003. The fine came to $14,325 for 573 days of non-compliance. The property is now in compliance. Joseph Amore acknowledged that he was supposed to apply for the permits or remove the water heater; however, he was going through a divorce and gave the house to his wife and was no longer living at the property. He said that he never received any paperwork once he left. His divorce was final in December last year and one of the requirements of the divorce is that his wife's name be removed from the mortgage. At that point, the title company found a lien on the property. He said that he disconnected all the electrical work before he moved out, and when he found out about the lien he rectified the situation within 48 hours. He removed the hot water heater, which was an indoor water heater and did not comply with the Code. Mr. Amore said if he had known about the lien sooner, he would have taken care of the situation immediately since he is a contractor and has filed for many permits in the City. Acting Chair Foot asked the applicant when he moved back into the property and was informed it was in January of this year. He also asked if the hot tub was in violation and the applicant said that it was not. The only violation was that the work was performed by other contractors that did not pull any permits. Mr. Blasie pointed out that the fine certification letter came back unclaimed and the property was posted. Ms. Costantino was of the opinion that since the applicant was a contractor, he should have known that he needed a permit. The applicant said that he would have followed through with a permit, but because of the divorce he never did. He also disconnected the plumbing and wiring before he moved out of the premises. Mr. Rossi asked Mr. Blasie if he had anything he wished to add. Mr. Blasie responded that he is not certain if the plumbing and wiring had been disconnected and noted that it was the applicant's responsibility to contact the Building Division. Mr. Amore said that he has been a contractor in the City for a long period of time, he has always complied with any kind of complaints, and this was the first time that something like this happened. 8 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Motion Based on the testimony and evidence presented in Case No. 01-608, 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. Costantino moved that this Board reduce the fines instituted in Case No. 01-608, by virtue of this Board's Order of May 16, 2001 to $1,000, plus $634.12 in administrative costs, for a total of $1,634.12. Motion seconded by Mr. Miriana. The Recording Secretary called the roll and the motion carried 4-0. Attorney Tolces explained that pending a review by the City Commission, the applicant would be receiving an order. Mr. Miriana would like to see the City send out a notice to advise all homeowners that contractors must obtain the proper permits since this situation comes up all the time. Mr. Rossi stated that all contractors should know that they are required to pull permits. Ms. Costantino suggested that this information could be disseminated at the Mall during the Building Safety Week. Mr. Blasie also pointed out staff also gives educational seminars to homeowner associations where this information could be dispersed. Mr. Blasie also noted that if a contractor does not apply for a permit, the homeowner has the right to file a complaint with the appropriate licensing board. VI. Adjournment There being no further business, the meeting properly adjourned at 4:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 28, 2003) 9