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Minutes 08-28-03 MINUTES OF-THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 28, 2003 AT 3:00 P.M. Present Chris DeLiso, Chairman Michele Costantino, Vice Chair Robert Foot James Miriana Dave Rafkin Enrico Rossi Kathy Cook, Alternate Absent Patti Hammer David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Pete Roy, Code Inspector I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. II. Approval of Minutes of July 24, 2003 Motion Vice Chair Costantino moved to approve the minutes of July 24, 2003. seconded by Mr. Foot and unanimously carried. III. Approval of Agenda The agenda was placed on file as submitted. IV. Swearing in of Witnesses and Introduction Inspector Roy called the roll and presented the cases on behalf of the Recording Secretary administered the oath to all persons who would be testifying. V. New Business A. Lien Reductions Case #96-4941 Elijah & Gwendolyn McRoy Motion City. The 291 NW 16th Court MeeUng Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida August 28, 2003 Inspector Roy stated that the case was originally cited on September 10, 1996 for violation of the Community Appearance Code. No one appeared at the November 20, 1996 Code Compliance Board Hearing. A compliance date of December 17, 1996 was set or be fined $25.00 per day. The property complied on May 12, 1997 for 144 days of non-compliance for a total fine of $3,600, plus administrative costs. Chairman DeLiso requested to look at the pictures. Attorney Allen Martincavage, 1200 South Federal Highway, Boynton Beach was present on behalf of the respondents. Attorney Martincavage said that he checked the records and determined that a certified letter was sent to the respondents, but the letter was never claimed. Therefore, the respondents never received notice of the hearing. Attorney Martincavage was not certain why the respondents never claimed the letter, but he said that they were receiving a lot of certified letters from creditors and were not claiming the letters. He asserted that this resulted in technical compliance by the respondents. He stated that for over six years no one from the City tried to contact the respondents so they were unaware that there was a lien on their property. Because the property was recently recited for grass, the McRoys were informed at that time that there was a lien on their property. As soon as they were cited for this new violation, they brought the property into compliance as soon as possible. Mr. Rafkin noted that the City's records indicated that service was made by hand carry on November 2, 1996. Mr. Blasie confirmed that there is evidence in the file that service was accomplished by hand carry. The Code Inspector that made service handed the notice to Mrs. McRoy. Also, Mr. Blasie stated that the City sent a certified letter to the respondents dated January 10, 1997 notifying them of the February 19, 1997 lien reduction hearing and Gwendolyn McRoy signed for the certified letter on January 15, 1997. Attorney Martincavage requested that the documents be shown to his clients. Attorney Martincavage explained that the respondents are poor and cannot afford any fine. Ms. McRoy works as a fulltime housekeeper and earns $7.95 per hour. Mr. McRoy has suffered a stroke and can no longer work since his vision is now severely impaired. He cannot earn a living and is in the process of applying for SSI disability benefits. Attorney Martincavage asked for a brief recess so that he could talk to his clients. Chairman DeLiso granted them a five-minute recess at 3:10 p.m. The meeting reconvened at 3:15 p.m. Mr. Rafkin asked if Attorney Martincavage would be paid for his time today and he said he would be receiving no money from the respondents at ali. It was all the respondents could do to come up with the $200 application fee. Attorney Martincavage said that Ms. McRoy does not remember signing for the certified letter. 2 Heeting Hinutes Code Compliance Board Lien Reduction Heeting Boynton Beach, Florida August 28, 2003 Motion Based on the testimony and evidence presented in Case No. 96-4941, 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. Rafkin moved that this Board reduce the fines instituted in Case No. 96-4941 to an amount of $0, including administrative costs. Motion seconded by Vice Chair Costantino. Mr. Foot felt that the City should be reimbursed for its expenses even though the people may be poor. He recommended a fine for administrative costs of $634.12. Vote The Recording Secretary called the roil and the motion carried 4-3 (Messrs. Foot, Miriana and Rossi dissenting). Mr. Blasie explained that once the order from today's proceedings is filed, the applicant or a City Commission member has seven days to review the order. If the applicant and the City Commission agree with the order, at the expiration of the seven days, the order becomes final. However, if someone disagrees with the order, a request could be made to go before the City Commission. Case #01-3144 Rubens & Ivanilda Santos 490 Miner Road Since the respondents were not present, Mr. Blasie requested that the case be tabled. Motion Mr. Foot moved that Case No. 01-3144 be tabled until the Code Compliance Board meeting to be held on September 17, 2003. Motion seconded by Vice Chair Hammer and unanimously carried. Case #96-3571 Lucio & Maria V. Garcia 519 N. Seacrest Blvd. Inspector Roy stated that the property was cited on July 15, 1996 for violation of the City's Community Appearance Code. No one appeared at the October 16, 1998 Code Compliance Board Hearing. A compliance date of November 16, 1996 was set or be fined $25.00 per day. The property complied on June 30, 2003 for 2,416 days of non- compliance, resulting in a fine of $60,400, plus $730.15 in administrative costs. The Recording Secretary administered the oath to Ms. Garcia and Ms. Santos, who arrived late. Mr. Roy presented photographs of the property to the respondent and then to the Board. 3 MeeUng Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, ~!orida August 28, 2003 Maria Garcia explained that she was unaware of the process involved when her property was cited until she had appeared before the Board previously. When she appeared last time she was informed that she had to call the Code Division to come back to the property to re-inspect it, which she did not do. She now realizes that this is a requirement and whenever any of her properties get citied, she contacts the Code Office as soon as possible. Chairman DeLiso asked Ms. Garcia if she planned on selling the property. She said that she is fixing up the property to sell it because the tenants do not take care of the property. She was also informed that she cannot put the property on the market until she gets all the liens taken care of. Mr. Foot asked the respondent why she did not bring her property into compliance as soon as she could. Ms. Garcia said that they did fix their property, but did not call the Code Division to come back to re-inspect. Mr. Foot pointed out that there are several cases against this same property and on property located on East Palm Drive. Mr. Rafkin asked if all the properties were in compliance and Mr. Roy stated that they were. Mr. Foot asked if the respondent had any other properties that had been cited previously besides the two before the Board today, and Mr. Roy stated that there were other properties. Mr. Blasie pointed out that the Board heard a lien reduction case for this same respondent for another property a few months ago. Motion Based on the testimony and evidence presented in Case No. 96-3571, 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. Rafkin moved that this Board reduce the fines instituted in Case No. 96-3571, by virtue of this Board's Order of October 16, 1996, to an amount of $416.67. Vice Chair Costantino seconded the motion. Mr. Foot pointed out that the fines on this property for all the cases total $221,000, plus administrative costs. The fines for the East Palm Drive property total $67,000, plus administrative costs. He did not think that a fine of $416.67 was sufficient and would not even cover administrative costs. Mr. Foot inquired if the applicant had to pay a fee for today's hearings and was informed that she paid a total of $450 in application fees. He suggested assessing a fine to cover the administrative costs in each case plus a fine that would equal $1,000 in each case. HeeUng Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, FI,orida August 28, 2003 Mr. Rafkin amended his motion to change the amount of the fine to $1,000, including administrative costs on Case No. 96-3571. Motion seconded by Vice Chair Costantino and unanimously carded. Case ~98-3621 Lucio & Maria V. Garcia 519 N. Seacrest Blvd. Inspector Roy stated that the case was cited on October 14, 1998 for the violation of an Occupational License required. No one appeared at the February 17, 1999 Code Compliance Board Hearing. A compliance date of March 15, 1999 was set or be fined $25 per day. The property complied on September 25, 2002 for 1,289 days of non- compliance and a total fine of $32,225, plus $730.15 in administrative costs. Ms. Garcia restated that she was not familiar with the system and had she known that the property needed to be inspected, she would have taken care of it. Motion Based on the testimony and evidence presented in Case No. 98-3621, 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. Rafkin moved that this Board reduce the fines instituted in Case No. 98-3621, by virtue of this Board's Order of February 17, 1999, to an amount of $1,000, including administrative costs. Mr. Foot seconded the motion that unanimously carded. Case #00-368 Lucio & Maria V. Garcia 519 N. Seacrest Blvd. Inspector Roy stated that the property was originally cited on February 23, 2000 for violation of the Community Appearance Code. No one appeared at the April 19, 2000 Code Compliance Board Hearing. A compliance date of May 1, 2000 was set or be fined $25.00 per day. The property complied on July 10, 2003 for 1,164 days of non- compliance for a total fine of $29,100, plus administrative costs of $730.15. Motion Based on the testimony and evidence presented in Case No. 00-368, 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, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 00-368, by virtue of this Board's Order of May 1, 2000, to an amount of $1,000, including administrative costs. Mr. Foot seconded the motion that unanimously carried. Case #00-2553 Lucio & Maria V. Garcia 519 N. Seacrest Blvd. Inspector Roy stated that the property was originally cited on October 3, 2000 for violation of the Land Development Regulations and the Standard Building Code. No one appeared at the December 20, 2000 Code Compliance Board Hearing. A 5 Heeting Hinutes Code Compliance Board Lien Reduction Heeting Boynton Beach, Florida August 28, 2003 compliance date of January 1, 2001 was set or be fined $100 per day. The property complied on July 10, 2003 for 919 days of non-compliance and a fine of $91,900, plus administrative costs. Motion Based on the testimony and evidence presented in Case No. 00-2553, 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, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 00-2553, by virtue of this Board's Order of December 20, 2000, to an amount of $1,000, including administrative costs. Mr. Miriana seconded the motion that unanimously carried. Case ~98-2168 Lucio & Maria V. Garcia 3245 E. Palm Drive Inspector Roy stated that the property was originally cited on June 5, 1998 for violation of the Community Appearance Code. No one appeared at the October 21, 1998 Code Compliance Board Headng. A compliance date of December 14, 1998 was set or be fined $25 per day. The property complied on October 1, 2002 for 1,386 days of non- compliance and a total fine of $34,650, plus administrative costs. Motion Based on the testimony and evidence presented in Case No. 98-2168, 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, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 98-2168, by virtue of this Board's Order of December 14, 1998, to an amount of $1,000, including administrative costs. Mr. Midana seconded the motion that unanimously carried. Case ~98-3622 Lucio & Maria V. Garcia 3245 E. Palm Drive Inspector Roy stated that the property was originally cited on October 14, 1998 for violation of Occupational License required. No one appeared at the February 17, 1999 Code Compliance Board Headng. A compliance date of March 15, 1999 was set or be fined $25 per day. The property complied on September 25, 2002 for 1,289 days of non-compliance for a total fine of $32,225, plus administrative costs. Ms. Garcia responded that when she learned that she needed an occupational license she had the property inspected and then applied for a license. However, she never informed the Code Division that she had obtained the license. Motion Based on the testimony and evidence presented in Case No. 98-3622, and having been advised that the Respondents have complied with all lien reduction procedures set forth Meeting Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida August 28~ 2003 in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 98-3622, by virtue of this Board's Order of February 17, 1999, to an amount of $1,000, including administrative costs. Mr. Miriana seconded the motion that unanimously carried. Case #02-2899 BMVFL 1, Inc. 1801 NE 4th Street Inspector Roy stated that the property was originally cited on November 13, 2002 for violation of the Florida Building Code, permits and inspections required. No one appeared at the January 15, 2003 Code Compliance Board Hearing. A compliance date of February 14, 2003 was set or be fined $25 per day. The property complied on July 10, 2003 for 145 days of non-compliance for a fine of $3,625, plus $730.15 in administrative costs. Ted Diggs represented the mobile home park and introduced the manager of the park. Mr. Diggs stated that the property is a trailer park with a full time manager. They try to make sure that they comply with all City ordinances. Mr. Diggs noted that when a red tag is attached to the trailer, the resident of the trailer does not always notify the office and he thinks this happened in this particular case. Mr. Rafkin inquired about the nature of the red tags. Mr. Diggs stated it was the result of new trailers being delivered to the park, which required various types of inspections by the City. Normally the contractor took care of getting the permits, but left the employ of the park without taking care of the required permits and inspections. Chairman DeLiso noted that recently there has been a great deal of trash along the road at the park and inquired why they did not obtain a large dumpster to collect the trash. Mr. Diggs responded that whenever a large project takes place, they obtain a portable dumpster for the trash and debris. He pointed out that the residents of the park are transitional and leave behind a lot of trash, as well. Chairman DeLiso suggested that Mr. Diggs contact the City's Public Works Department to resolve the trash issue. Mr. Foot inquired how many trailers the corporation owns and Mr. Diggs stated that they own approximately 25 of the 91 trailers in the park and they have first rights to any trailer that is for sale. They prefer to own the trailers because they have more control over who lives in them and how they are cared for. Mr. Rafkin inquired what the violations were and was informed that the trailers were not tied down. Motion Based on the testimony and evidence presented in Case No. 02-2899, 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. 02-2899, by virtue 7 Heeting Hinutes Code Compliance Board Lien Reduction Meeting Boynton _Re_=ch, FI,orida August 28, 2003 of this Board's Order of January 15, 2003, to an amount of $730.15 for administrative costs. Motion seconded by Mr. Midana. Mr. Foot recommended that the fine be increased to a total of $1,000. Mr. Miriana pointed out that this is a recent case and that the property came into compliance in July. Vote The Recording Secretary called the roll. The motion carried 5-2 (Messrs. Foot and Rossi dissenting). Case #03-731 BMVFL 1, Inc. 1801 NE 4th Street Inspector Roy stated that the property was originally cited on March 10, 2003 for violation of the Florida Building Code. No one appeared at the April 16, 2003 Code Compliance Board Headng. A compliance date of Apdl 16, 2003 was set or be fined $150 per day. The property complied on August 14, 2003 for 109 days of non- compliance and a total fine of $16,350, plus $730.15 in administrative costs. This case is for another trailer with the same violation as the previous case. Motion Based on the testimony and evidence presented in Case No. 03-731, 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. 03-731, by virtue of this Board's Order of April 16, 2003, to an amount of $1,000, including administrative costs. Motion seconded by Vice Chair Costantino. Vote The Recording Secretary called the roll. Mr. Midana dissenting). The motion carried 5-2 (Chairman DeLiso and Mr. Blasie noted that the applicant, Ivanilda Santos, page 2 of the agenda, arrived late. If the Board wished to hear the case, it needs to be removed from the table. Motion Vice Chair Costantino moved to remove the case from the table. Motion seconded by Mr. Foot and unanimously carried. Case #01-3144 Rubens & Ivanilda Santos 490 Miner Rd. Inspector Roy stated that the property was originally cited on November 16, 2001 for violation of the Community Appearance Code. No one appeared at the February 20, 2002 Code Compliance Board Hearing. A compliance date of March 22, 2002 was set 8 MeeUng Minutes Code Compliance Board Uen Reduction Meeting Boynton B~.~ch, Florida August 28, 2003 or be fined $25 per day. The property complied on October 15, 2002 for 206 days of non-compliance and a total fine of $5,150, plus $730.15 in administrative costs. Mr. Blasie presented photographs; two were taken on May 15, 2002 and two were taken today. The violation involved inoperable vehicles and dead grass. Mr. Blasie reported that when the applicant originally applied for a lien reduction, he went to the property to do the inspection and found a non-permitted structure on the rear of the house. The respondent had to remove this structure in order to bring the property into compliance. He explained that removing this structure was a major job. Chairman DeLiso asked the respondent if the property was for sale. Ms. Santos said that they are selling the property because they can no longer take care of it. When the property was originally cited, her son was living at the property. He never informed them of the violations, as they were living in Atlanta at that time. She only discovered the violations when they moved back to the house. As soon as she determined what needed to be done, she brought the property into compliance. Mr. Blasie noted that service was done by posting, since the certified letters were returned and the City did not know that they were living in Georgia at that time. Mr. Blasie noted that there was delivery by hand carry to Ms. Santos' son for the original hearing. Motion Based on the testimony and evidence presented in Case No. 01-3144, 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, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 01-3144, by virtue of this Board's Order of February 20, 2002, to an amount of $1,000, including administrative costs. Motion seconded by Mr. Miriana and unanimously carded. VII. Adjournment There being no further business, the meeting properly adjourned. Respectfully submitted, Barbara M. Madden Recording Secretary (September 2, 2003) 9