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Minutes 06-26-03MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 26, 2003 AT 3:00 P.M. Present Michele Costantino, Vice Chair Bob Foot James Miriana Dee Zibelli David Rafkin, Alternate Kathy Cook, Alternate Absent Chris DeLiso, Chair Patti Hammer Enrico Rossi I. Call to Order David Tolces, Assistant City Attorney Scott Blasie, Code Administrator II. None III. Approval of Minutes Approval of Agenda Motion Mr. Miriana moved to approve the agenda. Motion seconded by Mr. Foot and unanimously carried. IV. Swearing in of Witnesses and Introduction Mr. Blasie introduced the cases. The Recording Secretary administered the oath to all persons who would be testifying. V. Old Business A. Lien Reductions In the absence of the Chair, Vice Chair Costantino presided and called the meeting to order at 3:00 p.m. Meeting Minutes Code Compliance Board Boynton Beach, FL June 26,2003 Case #98-3449 Bertha Achille 212 NE 14th Avenue Mr. Blasie stated that the property was originally cited on September 24, 1998 for violations of the Community Appearance Code. No one appeared at the December 16, 1998 hearing. A compliance date of January 19, 1999 was set or be fined $25 per day. The property complied on June 12, 2003 for 1,603 days of non-compliance and a total fine of $40,075.00, plus administrative costs of $730.15. Service was accomplished by posting. Mr. Blasie presented "before and after photos" to the respondent and then to the Board. Bertha Achille, 212 NE 14th Avenue, Boynton Beach, assumed the podium. Mr. Rafkin asked the respondent why it took her so long to clean her property. Ms. Achille said that after she found the letters, she did clean the property, but she did not know that she was supposed to notify Code Compliance to come back to inspect the property. She did not know that there was a lien on her home until recently when Inspector Webb stopped by her property to speak to her about the grass. Ms. Achille cannot read English. Now, whenever she receives a letter from the Code Compliance Division, she goes to their office for someone to read it to her. Ms. Achille also stated that she performed all the work that the City requested of her. She lives by herself and it is difficult for her to keep her home up. As soon as Mr. Webb explained what was necessary for her to bring the property into compliance, she immediately went to the City for assistance. She applied to the City for assistance and the City put grass in for her. Mr. Rafkin asked what happened back in 1998. Ms. Achille said that in 1998 she came to City Hall for someone to help her because she did not understand what the letter said. She asked for someone to come out to her property to help her and someone took the letter from her and said he would take care of it, but she could not remember all the circumstances. After that time, she does not know what transpired. She said that she is not familiar with how the process works and what she was supposed to do. Ms. Zibelli asked the respondent if she intended to sell her house and she stated that she did not. Ms. Zibelli felt that five years was a long time to bring the property into compliance. Ms. Achille stated that had she understood the situation, she would have taken care of it at that time. Mr. Foot asked how much communication Mr. Webb had with the respondent. Mr. Blasie noted' that there have been several violations since the original one; therefore, he is not certain what letter prompted the respondent to come to the City. Mr. Blasie noted that there was a certified letter in the file that was unclaimed. Mr. Foot asked when the respondent received assistance from the Meeting Minutes Code Compliance Board Boynton Beach, FL June 26, 2003 City and Ms. Achille said that the grass was installed two Saturdays ago. Mr. Blasie did not think that the respondent had any conversations with Mr. Webb when the original violation occurred. Mr. Blasie noted that Inspector Webb cited the property again on January 30, 2003. Mr. Foot inquired if the respondent communicated with the Code Office back in 1998, and Mr. Blasie did not think there was any communication because the property was posted in 1998. The respondent said that she keeps fixing up the property and the grass keeps dying. Her neighbor helped her previously to put in a sprinkler and she purchased some pallets of grass, and yet the grass still died. This was over two years ago, and she cannot afford to keep putting grass down. She said that when her husband left her, he left the house in a mess and the neighbors had to help her. Motion Based on the testimony and evidence presented in Case No. 98-2449, 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. Rafkin moved that this Board reduce the fines instituted in Case No. 98-2449, by virtue of this Board's Order of February 17, 1999, to an amount of $100, plus administrative costs of $730.15, for a total fine of $830.15. Motion failed for lack of a second. Motion Based on the testimony and evidence presented in Case No. 98-2449, 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 instituted in Case No. 98-2449, by virtue of this Board's Order of February 17, 1999, to an amount of $1,000, plus administrative costs of $730.15, for a total fine of $1,730.15. Motion seconded by Ms. Zibelli and carried 5-1 (Mr. Rafkin dissenting). Mr. Blasie explained the appeal process to the respondent. Case #99-386 Ruby L. Allen 533 NW 10th Avenue The Recording Secretary administered the oath to the respondent. Mr. Blasie noted that the case was originally cited on March 16, 1999 for not having an occupational license. The case first came before the Board on May 19, 1999 and no one appeared. A compliance date of June 1, 1999 was set or be fined $25.00 per day. The property complied on June 24, 2003, for a total fine of 3 Meeting Minutes Code Compliance Board Boynton Beach, FL June 26,2003 $37,075, plus administrative costs. Mr. Blasie presented photos to the respondent and then to the Board. Ruby Allen, 4536 Wokker Drive, Lake Worth, Florida, assumed the podium. Mr. Blasie explained that the respondent previously lived on Wilkinson Drive, but the County records were not changed. Even though the County records were not changed, the Code Division was able to locate her. Ms. Allen stated that all the work requested by Inspector Webb was done. After this, she applied for an occupational license. However, even though the work was done, she never called Inspector Webb back for a reinspection of the property, as she was not aware of the procedure. Ms. Allen said that she responded to any correspondence that she received from the City. She has since applied for an occupational license, which she has received. The respondent felt that had she known that the property had to be re-inspected, this situation would never have occurred. She did not know what was going on until she received a second letter. After that, she went to the City to determine what was happening. When she paid the $40 fee, she thought that this was for the license; she did not know that this fee was an application fee. Mr. Foot asked the respondent why she did not appear at the May 19, 1999 hearing and she stated that when she received the letter, she went to City Hall to speak to Mr. Webb about it. She did come to a meeting and was informed what needed to be done. Ms. Allen said that it took her a long time to bring the property up to code because of the large amount of work that had to be done. Mr. Blasie pointed out that there was a prior occupational license case on April 15, 1996 that went before the Board and eventually complied. Ms. Allen responded that she did not own the property at that time. She said that she inherited the property from her mother when she passed away and the property is now her responsibility. Also, she has done a lot of work to the property. Mr. Blasie pointed out that the respondent has never lived at the property. Ms. Allen said that she had applied for an occupational license several times. Motion Based on the testimony and evidence presented in Case No. 99-386, 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. 99-386, by virtue of this Board's Order of May 19, 1999, to an amount of $1,730.15, including administrative costs. The motion was seconded by Ms. Zibelli and unanimously carried. 4 Meeting Minutes Code Compliance Board Boynton Beach, FL June 26,2003 Case #01-2517 Walter Kendrick 222 NE 13th Avenue Mr. Blasie stated that the property was originally cited on September 21, 2001 for violation of the Community Appearance Code. The case first came before the Board on January 16, 2002 and no one appeared. A compliance date of February 15, 2002 was set or be fined $25 per day. The property complied on August 14, 2002 for a fine of $4,475, plus administrative costs. Mr. Blasie presented before and after photographs to the respondent and then to the Board. Eva Kendrick, 181 NE 19th Avenue, Boynton Beach, Florida, assumed the podium. Ms. Kendrick stated that the property belonged originally to her father-in- law and when he died, it went to her husband. Now that her husband has passed away, she is now responsible for the property. Ms. Kendrick explained that a friend of her husband lived on the property and she was not aware of the letters from the City because he did not furnish them to her. She said that there was a lot of work that had to be done to the property and the cost was high so it took her a long time to bring the property into compliance. She has redone the outside, inside and put in new grass. Also, she had to have the vehicles removed and some trees cut down. Mr. Blasie noted that the public records still show that Walter Kendrick is the owner of the property and stated that this needs to be changed. He also confirmed that the respondent has done a great deal of work to the property. Ms. Kendrick noted that the property was vacant and that she would be selling it. Motion Based on the testimony and evidence presented in Case No. 01-2517, 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. 01-2517, by virtue of this Board's Order of January 16, 2002, to an amount of $980.15, including administrative costs. The motion was seconded by Mr. Miriana and unanimously carried. Case #98-3097 Lisha Thompson 3351 E. Atlantic Drive Mr. Blasie noted that there are two liens for the same property. The applicants are not responsible for the liens. The cases would be dealt with individually. This case was originally cited on August 25, 1998 for violation of the Community Appearance Code. It came before the Board on February 17, 1999. No one appeared and a compliance date of March 15, 1999 was set or be fined $25 per day. The property complied on June 24, 2003 for a fine of $39,050, plus 5 Meeting Minutes Code Compliance Board Boynton Beach, FL June 26,2003 administrative costs. Mr. Blasie presented "before" pictures and the respondents presented pictures of the property as it looks today. Brian Catano, 14545-J Military Trail, Delray Beach was present representing Lisha Thompson, who stated that he had a limited Power of Attorney from the trustee of the property. The property is in foreclosure and Mr. Catano also had documents evidencing this. Ms. Zibelli inquired if the property were foreclosed upon, would the bank be responsible for the lien. Attorney Tolces reported that in a foreclosure proceeding, depending upon the timing of the foreclosure and when the City's lien was recorded, it is possible that the lien could be extinguished because of the foreclosure. However, anyone taking over the property would have notice of the violations on the property. This means that they may not have to pay the lien, but they would still have to correct the violations. Mr. Catano stated that he worked with the bank to get the price of the property reduced in order to sell the property at a reasonable price. There is a willing buyer who has put up the funds to fix up the property. Mr. Catano stated that he was contacted by Ms. Thompson, who was in financial difficulties in December 2002, and she asked him to help her. He got the bank to reduce the mortgage so that the property could be sold, thus avoiding a foreclosure proceeding. Kathleen Roughley, 140 Wesley Road, Delray Beach, was purchasing the property at a reduced price, but was aware of the code liens. Ms. Roughley was requesting that the liens be removed so that she could close on the property. Mr. Blasie informed Mr. Catano that the property needed sod and pressure cleaned and the driveway needed to be defined. She has put in a new driveway and sodded the front and rear of the property. The shrubs have been trimmed, and they have painted the house. Once she purchases the property, she also intends to fix the inside up as well. Ms. Cook inquired if Ms. Roughley would be living on the property and Ms. Roughley stated that it would be rental property. Ms. Roughley pointed out that Ms. Thompson would be receiving no funds from the sale of the property. All sale proceeds will go to the bank. Mr. Foot asked why the owner could not keep up with the property and Mr. Catano responded that she is a single mother, who encountered some financial problems. Mr. Foot inquired who would be paying any fines assessed, and Ms. Roughley stated that she would. Mr. Catano responded that Ms. Roughley was paying $68,000 to the bank to purchase the property. 6 Meeting Minutes Code Compliance Board Boynton Beach, FL June 26,2003 Mr. Blasie pointed out that if the Board did not reduce the fines, the foreclosure would more than likely proceed and the City may receive no money. Motion Based on the testimony and evidence presented in Case No. 98-3097, 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. Rafkin moved that this Board reduce the fines instituted in Case No. 98-3097, by virtue of this Board's Order of February 17, 1999, to total amount of $250. Motion seconded by Mr. Miriana. Mr. Foot noted that this does not cover the $480.15 for inspections. The Recording Secretary called the roll. The motion failed 3-3 (Vice Chair Costantino, Mr. Foot, and Ms. Zibelli dissenting). Motion Based on the testimony and evidence presented in Case No. 98-3097, 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. 98-3097, by virtue of this Board's Order of February 17, 1999, to an amount of $730.15, including administrative costs. Motion seconded by Ms. Zibelli. The Recording Secretary called the roll. The motion carried 5-1 (Mr. Miriana dissenting). Case #01-2725 Lisha Thompson 3351 E. Atlantic Drive Mr. Blasie reported that the property was originally cited on October 12, 2001 for violation of the Community Appearance Code. The case came before the Board on January 16, 2002 and no one appeared. ^ compliance date of February 15, 2002 was 'set or be fined $25 per day. The property complied on June 24, 2003 for 494 days of non-compliance and a fine of $12,350, plus administrative costs. Mr. Blasie noted that this is the second case for the same property. Brian Catano, 14545-J Military Trail, Delray Beach, was representing Lisha Thompson, as trustee. 7 Meeting Minutes Code Compliance Board Boynton Beach, FL June 26, 2003 Motion Based on the testimony and evidence presented in Case No. 01-2725, 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 instituted in Case No. 01-2725, by virtue of this Board's Order of January 16, 2002, to no fine. Motion seconded by Ms. Cook. The Recording Secretary called the roll. The motion failed 3-3 (Vice Chair Costantino, Ms. Zibelli, and Mr. Foot dissenting). Motion Based on the testimony and evidence presented in Case No. 01-2725, 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. 01-2725, by virtue of this Board's Order of January 16, 2002, to $730.15, including administrative costs. Motion seconded by Ms. Zibelli. The Recording Secretary called the roll. The motion carried 5-1 (Mr. Miriana dissenting). Mr. Blasie noted that there was a memorandum to the Board in their folder in response to an inquiry and requested that members review it. The memorandum deals with the gentlemen who got unruly at the last meeting concerning repeat violations. It is staff's intention to pursue the repeat violators with more diligence in the future. In the future staff will be providing more information so that the Board can make the proper decisions when dealing with repeat violators. VI. Adjournment There being no further business, the meeting properly adjourned at 4:18 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (June 30, 2003) 8