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Minutes 04-24-03MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, APRIL 24, 2003 AT 3:00 P.M. Present Michele Costantino, Vice Chair Bob Foot Patti Hammer Dee Zibelli David Rafkin, Alternate Absent Chris DeLiso, Chair James Miriana Enrico Rossi I. Call to Order In the absence of the Chair, Vice meeting to order at 3:05 p.m. II. Approval of Minutes None II1. Approval of Agenda Motion David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Chair Costantino presided and called the Ms. Hammer moved to approve the agenda. unanimously carried. IV. Swearing in of Witnesses and Introduction Attorney Tolces administered the oath to all persons who would be testifying. V. Old Business Motion seconded by Ms. Zibelli and A. Lien Reductions Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida April 24, 2003 Case # 99-2082 Sarah Y. Woody 3491 Orange Street Mr. Blasie presented the case and reported that the property was originally cited on August 23, 1999 for violation of the Community Appearance Code. The yard and swale required sod and there was a fence that had to be removed or replaced. There also was an unregistered vehicle that needed to be registered or removed. Service was obtained by certified mail and the case first came before the Board on March 15, 2000, at which no one appeared. A compliance date of April 17, 2000 was set or be fined $25 per day. The property came into compliance on July 17, 2000 for 90 days of non-compliance for a fine of $2,250, plus administrative costs. Mr. Blasie presented before and after photographs to the respondent to identify and then to the Board. Mr. Blasie informed the Board that Ms. Woody received assistance from the City's Community Improvement Division. The respondent filed for assistance at the same time that the documents certifying the lien were being recorded at the courthouse. As the photographs depict, the property is now in good condition. There were documents in the file from Ms. Sherrod's office that confirmed that the respondent received assistance from Community Improvement. Ms. Hammer inquired how long the process for assistance took. Mr. Blasie stated that there is a memo in his file dated July 14, 2000 that indicated Ms. Woody would be receiving assistance. She filed for assistance on June 20, 2000 and the lien was recorded on June 22, 2000. Ms. Zibelli pointed out that the property was not in compliance from August 23, 1999 to July 17, 2000 and asked the respondent why it took her so long to apply for assistance. Ms. Sarah Woody, 3491 Orange Street, Boynton Beach, said that the reason it took her so long to bring the property into compliance was due to miscommunication on her part. She said that she did complete the work that was required, but she was under the impression that the citation was for the front yard, when in fact it was for the backyard. She resodded the front yard five times, which she paid for herself. Once she realized it was the backyard that needed resodding, she then went to the City for assistance. With regard to the swale area on the side street, Ms. Woody pointed out that people were always dumping garbage on the swale. She requested that the City install a sign on the swale, which they did, and then she installed sod. As a result of the sign, people have stopped dumping on the swale. Mr. Blasie pointed out that there is a new fence on the property. Ms. Zibelli stated that the property looked much better. 2 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida April 24, 2003 Vice Chair Costantino asked for Mr. Blasie's recommendation. Since Ms. Woody received assistance from the City and brought the property into compliance within 90 days, he suggested recovering the City's filing costs. Motion Based on the testimony and evidence presented in Case No. 99-2082, 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. 99-2082, by virtue of this Board's Order of March 15, 2000 to an amount of $250, including administrative costs. Motion seconded by Ms. Hammer and unanimously carried. Mr. Blasie explained that the City Commission has seven days to review the Order and that she also has the right to appeal the Order. The seven days will begin to run once the Order is signed. If no action is taken after the seven days, the Order becomes final. Case #98-2275 Jean & Elhanise Chery 206 SW 12th Avenue Attorney Tolces administered the oath to the respondents. Mr. Blasie stated that the property was originally cited on June 10, 1998 for violation of the Community Appearance Code for a driveway in need of repair and an unregistered vehicle. The case first came before the Board on November 18, 1998 and no one appeared. Service was obtained by certified mail and a compliance date of January 18, 1999 was set or be fined $25 per day. The property complied on January 24, 2000 for 370 days of non-compliance and a fine of $9,250, plus administrative costs. Three photographs were presented into evidence; two taken today and one on February 16, 1999. The respondent identified the photographs as his property. Mr. Jean Chery, 206 SW 12th Avenue, Boynton Beach, explained that the reason it took him so long to fix the driveway was due to lack of funds. He stated that he has a wife who does not work and speaks very little English and a child. He only makes approximately $200 per week and it is very hard to support his family on this small amount of money. He said that when he first fixed the driveway his wife came to the City to pay the $200 to get a lien reduction, but the City gave the money back to her. She did not understand the process and thought that the case was settled at that point. The reason that the City gave back the $200 was that the property was not in full Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida April 24, 2003 compliance, which he was not aware of. Mr. Chery said that the car had been towed out of the driveway and he thought that this meant the case was settled. The respondent said that he first learned that there was a lien on his house when he tried to refinance. He said that he purchased grass, painted the house, and fixed up the yard on his own. Ms. Zibelli asked the respondent why he did not attend the meeting when he was first cited. If he had done so, he could have applied for assistance at that time. Mr. Chery said that when the first notice was received, he was out of the Country. His wife and child were living at the property, but she did not understand the content of the notice. Mr. Blasie said that the reason the property did not comply for a lien reduction earlier was due to debris in the yard and some landscaping work that needed to be done, as well as the trim needed to be painted. Mr. Blasie pointed out the good job that was done on the driveway, and Mr. Chery said that it cost him over $3,000 to have the driveway done. Motion Based on the testimony and evidence presented in Case No. 98-2275, 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, Ms. Hammer moved that this Board reduce the fines instituted in Case No. 98-2275, by virtue of this Board's Order of November 18, 1998, to an amount of $0.00, including administrative costs. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 98-2275, 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. 98-2275, by virtue of this Board's Order of November 18, 1998, to amount of $250, including administrative costs. Motion seconded by Ms. Hammer and unanimously carried. Mr. Blasie explained the remainder of the process to the respondents, as outlined in the prior case. 4 Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida April 24, 2003 VI. Adjournment There being no further business, the meeting properly adjourned at 3:30 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 25, 2003)