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Minutes 09-25-03f4TNUTES OF THE CODE COMPLTANCE BOARD LTEN REDUCTTON MEETTNG HELD TN COMMISSTON CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORTDA~ ON THURSDAY, SEPTEMBER 25, 2003 AT 3:00 P.M. Present Chris DeLiso, Chairman Michele Costantino, Vice Chair Robert Foot Dave Rafkin Kathleen Carroll, Alternate Absent David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Patti Hammer .lames Miriana Enrico Rossi Kathy Cook, Alternate T. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. II. Approval of Minutes of August 28, 2003 The Board believed that the minutes had been approved at a previous meeting. (Note: According to the records in the City Clerk's office, these minutes have not been approved yet.) III. Approval of Agenda The agenda was placed on file as submitted. TV. Swearing in of Witnesses and Tntroduction Mr. Blasie called the roll and presented the cases on behalf of the City. The Recording Secretary administered the oath to all persons who would be testifying. V. New Business Meeting Minutes Code Lien Reduction Meeting September 25, 2003 September 25, 2003 A. Lien Reductions Case #00-1086 Marc Y. Lespinasse 2213 & 2215 S.E. 4m Street Mr. Blasie reported that this property was cited on May 2, 2000 for violations of the Community Appearance Code. No one appeared at the Code Compliance Board hearing on July 19, 2000. Mr. Blasie confirmed that Mrs. Lespinasse had signed the affidavit of service for the hearing. The Board set a compliance date of August 14, 2000 and proposed a fine of $25 a day. The property came into compliance on September 23, 2003. Mr. Blasie gave the Board some past and present photographs to review. The grass meets Code requirements and there are no bare areas. Marc Y. Lespinasse, 2213 and 2215 S.E. 4th Street, Boynton Beach, appeared with his wife. He declared that he had come to this country in 1999 when his father owned this house and was ill. His father is now deceased. They did their best to clean up the house and area around it. They were unfamiliar with the procedures in this country. lVlr. Foot believed that the City should at least recover administrative costs in this case and a nominal amount in excess of that. Motion Based on the testimony and evidence presented in Case No. 00-1086, 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. 00-1086 to an amount of $2,500.00, including administrative costs. Motion seconded by Dr. Rafkin and carried 4-1, Mr. Foot dissenting. Case #96-3075 Deliverance Evangelistic Temple 202 N.W. gth Avenue Mr. Blasie reported that this property was originally cited on June 18, 1996 for violations of the Community Appearance Code, and the repair and restriping of a parking lot. A Code Compliance Board hearing was held on August 21, 1996 and no one appeared. The Board set a compliance date of September 17, 1996 and proposed a fine of $25 a day. The property came into compliance on September 23, 2003 for a total fine of $64,000.00. Mr. Blasie gave before and after photographs to the Board for their review. Mr. Blasie stated that this was one of two liens on this property and that the other one would be heard next. Robert Smith, 15 Winter Garden Parkway, Ft. Pierce, Florida, explained that he was the current pastor and owner of the church at this property. The former owner of Meeting Minutes Code Lien Reduction Meeting September 25, 2003 September 25, 2003 the church passed away and the congregation disbanded. The supposed caretaker and wife of the deceased, Ms. Gloria Hopkins, was entrusted with handling the affairs of the church and was not equipped with sufficient knowledge of property management to do SO. Mr. Smith plans to operate the church as a church after it is renovated. He has made many repairs and improvements to the property at his own expense ($8K to date) and commutes frequently to do so. He has joined a group of other pastors in the area and comes to a meeting twice a month in Boynton Beach. There was also a tax problem since the former pastor had passed away before doing the paperwork that would have altered the property from a residence to a church. The paperwork has now been done and the church is a non-profit organization. Mr. Smith stated that he could do very little about the problems of the past but was determined to build a church that would become an asset to the community. Mr. Blasie indicated that Mr. Smith had come to the City and met with Mr. Bressner, Mr. Blasie, and representatives of other departments in the City to discuss his building improvement and landscaping plans for the property. The City was pleased with his plans but advised him to get the lien taken care of first. The property is in compliance now. Motion Based on the testimony and evidence presented in Case No. 96-3075, 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. 96-3075 to an amount of $0.00, including administrative costs. Motion seconded by Dr. Rafkin and carried 4-1, Mr. Foot dissenting. Mr. Foot expressed the belief that organizations under the cover of a church's name should not be allowed to become appearance problems. Case #99-526 Gloria Hopkins 202 N.W. 9th Avenue Mr. Blasie reported that this property had also been cited on March 26, 1999 for violations of the Community Appearance Code. Ms. Gloria Hopkins appeared at the Code Compliance Board hearing of March 15, 2000. The Board set a compliance date of September 18, 2000 and proposed a fine of $25 a day. The property came into compliance on September 23, 2003. Dr. Rafkin asked Mr. Smith if he planned to move to this area and Mr. Smith replied that he would probably always maintain a home in Ft. Pierce and in Boynton Beach since his wife was committed to an employment situation in Ft. Pierce and his church was in Boynton Beach. 3 Meeting Minutes Code Lien Reduction Meeting September 25, 2003 September 25, 2003 Motion Based on the testimony and evidence presented in Case No. 99-526, 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. 99-526 to an amount of $0.00, including administrative costs. Motion seconded by Dr. Raftdn and carried 4-1, Mr. Foot dissenting. Case #00-923 Linda Murphy-Torres 407 N.W. 13th Avenue Mr. Blasie reported that this property had been cited on April 25, 2000 for violations of the Community Appearance Code. A Code Compliance Board hearing was held on ]uly 19, 2000 and no one appeared. The Board determined a compliance date of August 14, 2000 and proposed a fine of $25 a day. The property came into compliance on September 23, 2003. Mr. Blasie gave the Board photographs of the property to review. Greg Dawson, 11910 Dunes Road, Boynton Beach, one of the former owners of this property, appeared along with David Roy, 4209 N. Federal Highway~ Pompano Beach, Florida. Mr. Roy is the person who discovered the lien for Mr. Dawson when he purchased the property. Mr. Roy indicated that when Mr. Dawson learned of the lien, he fixed the property up in a months' time, but sold it soon afterwards. The property has been in compliance ever since. The person who purchased the house from Mr. Dawson went into foreclosure. Attorney Tolces suggested tabling the case to give his office time to look at the Summary .ludgment in the foreclosure case to see if the City had been included as a party in the case. Tt might be that the case should be dismissed. Motion Mr. Foot moved to table Case #00-923 until the October 23, 2003 Code Compliance Board meeting, subject to prior removal from the Agenda. Vice Chair Costantino seconded the motion that carried 5-0. Case #00-2791 Raymond & Linda Murphy-Torres 407 N.W. 13mAvenue Since this case was very similar to Case #00-923, the Board decided to table it also. Motion Meeting Minutes Code Lien Reduction Meeting September 25, 2003 September 25, 2003 Mr. Foot moved to table Case #00-2791 until the October 23, 2003 Code Compliance Board meeting, subject to prior removal from the Agenda. Vice Chair Costantino seconded the motion that carried 5-0. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 3:55 p.m. Respectfully submitted, Susan Collins Recording Secretary (092603)