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Minutes 03-25-04MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MARCH 25, 2004 AT 3:00 P.M. Present Chris DeLiso, Chairman Michele Costantino, Vice Chair Kathy Cook Bob Foot Dr. Dave Rafkin Kathleen Carroll, Alternate Absent James Miriana Brenda Shamblin I. Call to Order Chairman DeLiso called the meeting to order at 3:02 p.m. Approval of Minutes II. None III. Approval of Agenda Motion David Tolces, Assistant City Attorney Scott Blasie, Code Administrator IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be testifying. V. New Business Mr. Blasie explained the lien reduction process. He pointed out that this Board makes a ruling, after which there is a seven-day period that the applicant or a City Commissioner could ask that the item be placed on the City Commission agenda for further review. Mr. Blasie explained that the seven days do not begin until the minutes are completed and distributed and the Board orders are signed, which could actually take up to two weeks. Dr. Rafkin moved to approve the agenda. Motion seconded by Vice Chair Costantino and unanimously carried. Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 If there is a fine due, payment should be made as soon as possible in order to reduce the fine. If the fine were paid by personal check, this would take longer in order for the check to clear. If a respondent would like the lien reduced as soon as possible, they should pay by cashier's check or money order. A. Lien Reductions #~6-5569 Rogers V. Johnson 2180 NW 1st Street Mr. Blasie reported that the notice of violation was dated October 22, 1996 for failure to have a properly grassed swale area. The case first came before the Board on April 16, 1997 and a compliance date of May 19, 1997 was set or be fined $25.00 per day. The agenda states that no one appeared. However, the minutes indicate that someone did appear, but had to leave early. The property complied, to the best of his knowledge, on March 15, 2004 for a fine of $62,275, plus administrative costs of $826.18. Mr. Blasie presented photographs of the property taken today and previous photos to the respondent and then to the Board. Chandra Johnson assumed the podium and stated that she was the daughter of the owner of the property. She had lived at the property when it was originally cited. Chairman DeLiso asked Ms. Johnson why it took so long for the property to be brought into compliance. Ms. Johnson said that when Inspector Melillo first spoke with her in 1996, she was told to plant grass seed in the swale and she complied with his request. Mr. Foot inquired if the grass grew and Ms. Johnson stated that the grass was planted, but eventually died. Mr. Foot inquired if Ms. Johnson called for reinspection and she stated that Inspector Melillo inspected the property two weeks later and told her that it was okay. Mr. Blasie noted that the records indicate that the last documented inspection was June 4, 1997 and Inspector Melillo stated that the violation still existed. Rogers Johnson, owner of the property, assumed the podium, and stated that she was not in the City when the property was originally cited. Chairman DeLiso asked Ms. Johnson if she was refinancing the property. She stated that she wanted to refinance in order to make some improvements to the property and that is when she found out that there was a lien on the property. Ms. Johnson was living in Texas from 1996 to 1999. Mr. Blasie noted that the violation was minor and dealt with only the swale. Dr. Rafkin asked Ms. Johnson when the property appeared the way it did in the current photos. Ms. Johnson responded that when Inspector Webb came out to her property the beginning of this month, she brought the swale into compliance, which was about two weeks ago. She explained that people in her neighborhood constantly parked on her swale, which caused the grass to die. Mr. Blasie noted that the property was located next to the CDC building on Gateway Boulevard. MeeUng Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 Motion Based on the testimony and evidence presented in Case #96-5569, 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. 96-5569, by virtue of this Board's Order of April 16, 1997, to an amount of $826.18, including administrative costs. Motion seconded by Dr. Rafkin and unanimously carried. Case #98-1679 James Mathis 321 NW 2nd Street Mr. Blasie reported that there are two liens on the property. This case was lack of grass in the front yard. The property was originally cited April 15, 1998 and came before the Board on November 18, 1998 and no one appeared. A compliance date of December 14, 1998 was set or be fined $25.00 per day. The property complied on February 25, 2004 for a fine of $47,450, plus administrative costs of $922.21. The respondent's father, who is deceased, originally occupied the property, and Mr. Mathis during that time was not responsible for the property. Mr. Blasie presented photos taken in 1996 and 1997 and two taken today to the respondent and then to the Board. James Mathis stated that he is the son of the deceased property owner. Dr. Rafkin asked Mr. Mathis why he did not bring the property into compliance in a timely manner. Mr. Mathis stated that he did not live with his father. He was not aware that there were liens on the property until 2003 when he applied for a loan to make some improvements to the property. He pointed out that his father passed away in January 2001 and he acquired the property after that date. Dr. Rafkin inquired how soon the respondent brought the property into compliance once he learned that there were liens on the property. Mr. Mathis responded that he started immediately. Inspector Webb informed him to plant some sod and paint the house, which he did. However, Mr. Mathis was not familiar with the procedure and was not aware that he had to call for reinspection of the property. During that time, the property was rented and the tenants let the grass die. Dr. Rafkin inquired if he had plans to put a sprinkler system in and Mr. Mathis stated that he did plan to plant new sod and put a sprinkler system in after he receives the loan. Dr. Rafkin asked the respondent if he was receiving rent and Mr. Mathis responded that he has only been receiving $450 a month for the past two years. Mr. Foot inquired if the respondent was in compliance with the occupational license and was informed that he was. Mr. Blasie noted that the property needs major work, especially the roof. Mr. Blasie stated that the respondent was asked to perform some 3 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 extra work to bring the property into compliance that included repairing the electrical hookup to the property. Motion Based on the testimony and evidence presented in Case No. 98-1679, 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 move that this Board reduce the fines instituted in Case No. 98-1679, to an amount of $1,000, including administrative costs. Motion seconded by Ms. Cook. Dr. Rafkin requested that the motion be amended to $922.21 for administrative costs only. Mr. Foot did not agree to amend his motion. Vote Motion carried 6-0. Case #00-2430 James Mathias Estate 321 NW 2nd Street Mr. Blasie reported that the case was cited on September 26, 2000. This property abuts a City alleyway in the rear and code requires that property owners abutting an alleyway or easement must maintain the half that abuts their property. The case first came before the Board on December 20, 2000 and no one appeared. A compliance date of January 1,2001 was set or be fined $25 per day. The property came into compliance on February 25, 2004 for a fine of $28,725, plus administrative costs of $634.12. Mr. Blasie presented a photograph taken on January 16, 2001 before the property came into compliance. Mr. Foot inquired if the neighbor abutting the other half of the alleyway was maintaining their portion, and Mr. Mathias stated that he was not. Mr. Mathias has been maintaining the entire alleyway. Chairman DeLiso asked what the alleyway looked like today and Mr. Blasie responded that it is in good condition since Mr. Mathias has been maintaining it. Mr. Blasie reported that in years past the City used to maintain the alleys, but at some point the residents became responsible. Mr. Foot inquired why this respondent was the only one sited for not maintaining the alleyway if other property owners were not doing their part. Mr. Blasie said that he had nothing in the record to show how this occurred. Properties that are not maintained are now referred to contractors to maintain. Mr. Blasie stated that at one time all these property owners were cited. Motion Based on the testimony and evidence presented in Case No. 00-2430, 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 Ordinance, Dr. Rafkin 4 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 moved that this Board reduce the fines instituted in Case No. 00-2430, by virtue of this Board's Order of December 20, 2000, to an amount of $0.00, including administrative costs. Motion seconded by Vice Chair Costantino Mr. Foot felt that the Board was doing the City a disservice by overlooking the violation since there is no proof that other property owners were in violation of the same thing and whether these property owners were asked to bring their property into compliance. Ms. Cook recommended amending the motion to the administrative costs of $634.12, which the maker of the motion would not agree to. Vote Motion carried 4-2 (Mr. Foot and Ms. Cook dissenting). Case No. 97-1755 Sajous Francklin 2891 NE 5th Court Mr. Blasie pointed out that this property was a foreclosure and staff is asking that the case be dismissed. Motion Vice Chair Costantino moved to dismiss case No. 97-1755. Motion seconded by Dr. Rafkin and unanimously carried. Case #02-475 CitiMortgage, Inc. 2891 NE 5th Court Mr. Blasie explained that CitiMortgage was the party that foreclosed on the previous case, which is the same property. The property was originally cited on February 27, 2002 and involved an unsecured, vacant house. It first came before the Board on June 19, 2002 and no one appeared. A compliance date of June 29, 2002 was set or be fined $50.00 per day, for a total fine of $14,550, plus administrative costs in the amount of $826.18. The property came into compliance on April 17, 2003. Attorney Elizabeth Evans, from the Law Firm of Faber & Gitlitz, representing CitiMortgage, Inc. requested that the fine be reduced. Attorney Evans noted that they did receive a Certificate of Title, but did not gain possession of the property until late 2002. Her client spent considerable sums cleaning up the property and to date has spent $71,470 on the property. As soon as the Bank acquired the property, the property was secured and the debris was cleaned up. They would like to convey the property to HUD as soon as possible. Attorney Evans pointed out that in June 2003 they thought that they were in compliance and when they called for a second inspection, the Bank was informed that they had to sod the yard, repair wiring, the air conditioner, as well as soffit screens and attic vents, remove an unpermitted shower, replace rotted siding, repair the fence, remove a second floor balcony, and repair an overhanging deck on part of the property. Attorney Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 Evans respectfully requested that the fine be abated so that the property could be turned over to an owner who would maintain the property. Attorney Evans explained that even though the Bank received the Certificate of Title, they did not actually obtain possession of the property because they had to obtain a writ of possession to remove the people living on the property. This took an additional four months. She explained that the Bank was required to bring the property into compliance by using HUD approved contractors, which resulted in such exorbitant costs. Dr. Rafkin inquired if the property would be sold to HUD and Ms. Evans explained that FHA mortgages generally go back to HUD that would then put the property up for sale. Dr. Rafkin inquired how much the Bank would get paid from HUD for the property. Attorney Evans explained that when they give a property back to HUD, it is because the Bank received the mortgage insurance. Before HUD will take the property back, the property must be in compliance and free of liens. Attorney Evans pointed out that the loan dated back to 1993 and the outstanding principal balance was approximately $60,000 and the Bank has already spent over $70,000 in repairs. Mr. Blasie also pointed out that the Bank was required to place sod and Attorney Evans noted that the sod cost over $5,000. Mr. Blasie presented photographs of the property to the Attorney and then to the Board. Chairman DeLiso inquired if the roof was going to be replaced and Attorney Evans pointed out that the roof was repaired several times. Motion Based on the testimony and evidence presented in Case No. 02-475, 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. 02-475, by virtue of this Board's Order of June 19, 2002, to an amount of $2,281.18, including administrative costs. Motion seconded by Dr. Rafkin and unanimously carried. Case #01-3029 James M. Clark 130 NW 5th Avenue Mr. Blasie reported that the case originated on November 2, 2001 for failure to have an occupational license, inoperable vehicles and debris in the back yard. The case first came before the Board on December 19, 2001 and no one appeared. A compliance date of January 18, 2002 was set or be fined $25.00 per day. The property complied on March 25, 2004 for a total fine of $19,900, plus administrative costs in the amount of $634.12. Mr. Blasie presented photographs taken March 19, 2002 and two taken today, first to the respondent and then to the Board members. 6 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25~ 2004 James M. Clark, 130 NW 5th Avenue, Boynton Beach, stated that he was the owner of the property. Vice Chair Costantino inquired if the property was rental property and Mr. Clark said that he was now living at the property. When the property was originally cited, he was living in Margate. When he learned that he needed an occupational license, he obtained one as soon as possible. Dr. Rafkin asked the respondent why he did not bring the property into compliance in a timely manner. The respondent explained that as soon as Inspector Pierre originally informed him that he needed to install a sprinkler system, he did; however, the person that was renting the property did not take care of it. Dr. Rafkin inquired if Mr. Clark received the notices. Chairman DeLiso asked the respondent if he was refinancing the property and he stated that he was. Mr. Clark said that he wanted to refinance the property in order to make improvements to it. Dr. Rafkin inquired if the property was in complete compliance and Mr. Blasie stated that the property is in compliance and meets code, but it still needs work. Mr. Clark stated that he never received any notices and the only way that he learned about the violations was when Inspector Pierre told him. Mr. Clark said that he did receive one notice and he did appear at the hearing, but was told he did not have to stay. Mr. Blasie pointed out that the notices of hearing and fine certification were eventually posted. The notices mailed to the respondent were mailed to a different address. Mr. Blasie asked the respondent if he lived anywhere else on NW 5th Avenue and he stated that he did not. Chairman DeLiso inquired when the respondent moved to Margate was his mail being transferred and he stated that it was. Mr. Blasie pointed out that he had in the file a property owner printout from November 1, 2001 that lists the owner of 130 NW 5th Avenue as having' a mailing address of 330 NW 5th Avenue. Mr. Clark stated that he never lived at that address. Mr. Foot inquired when the vehicles were removed. The respondent stated that he had this vehicle in his backyard and was saving it for his son. However, during that time he discovered that he had cancer and was trying to deal with this. He eventually had the car towed. With regard to posting the property, Mr. Blasie stated that the property cited would be posted regardless of where the owner may have lived. Attorney Tolces reviewed the posting and noted that they were correctly posted. Mr. Blasie asked the respondent where he was living on December 6, 2001 and he stated that he was living at the cited property. Mr. Blasie asked the respondent where he was living on February 13, 2002 and he stated Margate. Mr. Clark said that he would like to get this cleared up because he was anxious to fix up his property. Mr. Foot recommended a fine in the amount of $1,629 that would include a 5% penalty, plus administrative costs. Chairman DeLiso felt that the administrative costs of $634.12 7 MeeUng Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 would be sufficient since the method of the notices is not clear. Mr. Blasie pointed out that the property had been posted. Mr. Blasie acknowledged that there is nothing signed by the respondent in the file, but the property was correctly posted. Mr. Rafkin recommended that the fine be rescinded to allow the respondent to put this money back into his property. Motion Based on the testimony and evidence presented in Case No. 01-3029, 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. 01-3029, by virtue of this Board's Order of December 19, 2001, to an amount of $1,629, including administrative costs. Motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 01-3029, 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 Boynton Beach Code of Ordinances, Vice Chair Costantino moved that this Board reduce the fines instituted in Case No. 01-3029, by virtue of this Board's Order of December 19, 2001, to an amount of $634.12, including administrative costs. Motion seconded by Dr. Rafkin and carried 5-1 (Mr. Foot dissenting). Mr. Foot requested that the agenda for the April meeting include election of the Chairperson and Vice Chair as was scheduled last year at the same time. Chairperson DeLiso noted that this would have to be done after the appointments to the Boards because he thought that some of the Boards were going to be merged. Further, Chairman DeLiso was not certain if all the Board appointments would be made at the first Commission meeting in April. Attorney Tolces pointed out that the April Commission meetings were scheduled for th th April 7 and April 20 and the Code Board would be meeting on April 21st. He was not sure if there was enough time for the new members to be notified of their appointments. Mr. Foot pointed out that Chairman DeLiso's term at Chairman would expire in May. Mr. Foot stated if it could not be done in April, it could be put over to the May meeting. Attorney Tolces noted that there is no specific time stated in the Code as to when the Chair should be elected. Mr. Foot pointed out that the motion last year stated that the term of the Chairman was to end no later than the start of the regular meeting of May 2004 or sooner. Chairman DeLiso recommended that this item be placed on the May agenda to afford enough time for the new members to come onboard. Mr. Blasie recommended starting 8 Meeting Minutes Code Compliance Lien Reductions Boynton Beach, Florida March 25, 2004 the May meeting early to appoint the new Chair and Vice Chair prior to the start of regular business. Vice Chair Costantino also pointed out that there is still the. issue of whether the Commission would be appointing the Chair and Vice Chair that would make this whole dialogue moot. Motion Mr. Foot moved that the election be held at the end of the April meeting. Motion seconded by Ms. Cook. The roll was called and the motion failed 2-4 (Chairman DeLiso, Vice Chair Costantino, Dr. Rafkin and Ms. Carroll dissenting). Motion Mr. Foot moved that the election be held at the start of the May meeting, short of other actions having been taken to indicate who the Chairperson and Vice Chair, would be. Motion seconded by Ms. Cook. The roll was called and the motion failed 2-4 (Chairman DeLiso, Vice Chair Costantino, Dr. Rafkin and Ms. Carroll dissenting). Mr. Blasie reported that Board member Jim Miriana was ill and in a nursing home. Mr. Miriana is doing better and hopes to be home by the weekend. Motion Thero being no further business, the meeting properly adjourned at 4:10 p.m. Respectfully submitted, Barbara M. Madden Recording Sectary (March 26, 2004) 9