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Minutes 05-27-04MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, MAY 27, 2004 AT 3:00 P.M. Present Chris DeLiso, Chairman David Tolces, Assistant City Attorney Michele Costantino, Vice Chair Scott Blasie, Code Administrator Kathleen Carroll Kathy Cook Bob Foot Absent Patti Hammer Brenda Shamblin I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. II. Approval of Minutes Motion Mr. Foot moved to approve the minutes of the April 22, 2004 Lien Reduction Meeting Minutes. Motion seconded by Ms. Cook and unanimously carried. II1. Approval of Agenda Mr. Blasie called the roll. Motion Vice Chair Costantino moved to accept the agenda. Motion seconded by Ms. Cook and unanimously carried. II1. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be testifying. V. New Business Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 A. Lien Reductions Case No. 02-1946 Daisy N. Brown 324 NE 13th Avenue Mr. Blasie presented the case. The property was originally cited on July 30, 2002 for violation of the Florida Building Code. The case first came before the Board on September 18, 2002 and no one appeared. A compliance date of October 18, 2002 was set or be fined $25 per day. The property came into compliance on May 6, 2004 for 565 days of non-compliance resulting in a fine of $14,125, plus administrative costs of $730.15. Mr. Blasie explained that the violation was for the windows only and the permit was signed off on May 6, 2004. Acquanetta Brown Buggs, daughter of Daisy N. Brown, 1920 NW 191 Terrace, Miami, Florida 33056, assumed the podium. Chairman DeLiso inquired if Ms. Buggs' mother knew that she was appearing on her behalf and Ms. Buggs responded that she is her guardian since her mother now resides in a nursing facility. Chairman DeLiso asked the respondent why it took 565 days to comply with obtaining a permit for the windows. Ms. Buggs stated that they had no knowledge that windows were being installed since relatives were living in the house. They never informed her that they were putting windows in or had applied for a permit. Chairman DeLiso inquired if the property was being sold and Ms. Buggs stated that it was. She only learned of the lien when she put the house up for sale and during the title search, the lien was discovered. She also stated that she had received some information from the Code Enforcement office in February regarding another case, but that was taken care of within the timeframe and she was not told about the lien or this case. Chairman DeLiso inquired if certified receipts were available indicating that someone received the paperwork. Mr. Blasie stated that he had a certified receipt for the fine certification hearing dated November 11,2002 signed by Jessie Smith. The respondent stated that she had no idea who Jessie Smith was. The names of the people living in the house at the time were Marie and Johnny Martin. Mr. Blasie noted that the file indicates that a copy of the Board Order was delivered to Marchelle Martin and Ms. Buggs confirmed that Ms. Martin was a relative. The only receipt in the file was signed by Jessie Smith and a note in the file that Code Inspector Pierre hand delivered the Board order to her. Mr. Foot inquired if the inspection was satisfactory when it was done and were there any safety problems in the interim. Mr. Blasie stated there were no safety problems. The only thing remaining was getting the final inspection. Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 Ms. Buggs inquired how someone could obtain a permit if they were not the property owner. Mr. Blasie could not determine who applied for the permit, but noted that a permit was issued on May 5, 2004 and was finalled on May 6, 2004. Mr. Foot recommended rescinding the fine considering the circumstances. Motion Based on testimony and evidence presented in Case No. 02-1946, 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 rescind the fine instituted in Case NO. 02-1946, by virtue of this Board's Order of September 18, 2002, and that the lien imposed by that Order be released. Motion seconded by Vice Chair Costantino and unanimously carried. Mr. Blasie explained the appeal process that is available to the applicants and the City Commission. Case #03-2728 New Haitian Alliance 440 Hoadley Road Mr. Blasie presented the case. The property is vacant and was originally cited on September 30, 2003 due to the weeds on the property. The case first came before the Board on December 17, 2003 and no one appeared. A compliance date of December 27, 2003 was set or be fined $25 per day. The property complied on May 10, 2004 for 134 days of non-compliance resulting in a fine of $3,350, plus administrative costs in the amount of $730.15. Mr. Blasie presented photographs to the respondent and then to the Board. Two pictures were taken today and two on December 29, 2003. He explained that the lot is quite large and the Church had submitted a site plan and applied for permits one year ago and they have applied for an extension. One of the permits was to erect a berm, which is along the fence line in the photographs. The respondents mowed the lot within the allotted time, but the berm was never completed. Whoever mowed the lot could not mow the berm since it was full of rocks. The fine is attributable to the 15' to 20' berm area. Reverend Dieugrand Jacques, 5341 Deland Circle, Boynton Beach, is the senior pastor of the New Haitian Alliance Church. Rev. Jacques stated that the berm was a problem because some of the neighbors placed rocks in the berm. Because of the rocks, the people hired to mow the area could not mow the berm. He stated that he and some church members removed the rocks. Mr. Blasie explained that there have been problems with the neighbors and he also knew that the Reverend had been having some health problems that prevented him from getting the berm cleared as soon as possible. Mr. Blasie noted that the area now looks good. 3 Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 Mr. Foot inquired when construction would begin and Reverend Jacques said that they would be starting construction right away. Mr. Blasie reported that they resubmitted their paperwork on Tuesday. Motion Based on testimony and evidence presented in Case No. 03-2728, 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, Vice Chair Costantino moved that this Board rescind the fine instituted in Case No. 03-2728, by virtue of this Board's Order of December 17, 2003, and that the lien imposed by that Order be released. Motion seconded by Ms. Cook and unanimously carried. Case #03-2525 Roy and Annie Farley 555 NW 9th Avenue Mr. Blasie presented the case and stated that the property was originally cited on September 10, 2003 for violation of the Community Appearance and Land Development Regulations. No one appeared at the November 19, 2003 hearing date. A compliance date of December 19, 2003 was set or be fined $100 per day. The property came into compliance on March 6, 2004 for a fine of $7,700, plus administrative costs of $730.15. Mr. Blasie reported that the respondent was present at the fine certification hearing. Mr. Blasie presented before and after photos to the respondent and then to the Board. Denise Farley, 555 NW 9th Avenue, Boynton Beach, daughter of the respondent stated she was not aware of what was going on at the property, otherwise she would have taken care of things much sooner. Mr. Foot inquired if the property had been previously cited. Mr. Blasie pointed out that the front of the property has always looked good. The backyard, which is fenced in, abuts an alley, so Mr. Blasie was not certain if the property had ever been previously cited. He further explained that the only way you would be able to see the back of the property would be by going down the alleyway. Ms. Cook inquired how the property was originally cited. Mr. Blasie said that he discovered the violations when he was inspecting the corner lot, which is adjacent to the respondent's property, and was having trash problems. It was at that time that Mr. Blasie noticed what was going on. Ms. Cook felt that the property looked very nice and Ms. Farley stated that she intended to keep the property in its current condition. Motion Based on the testimony and evidence presented in Case No. 03-2525, and having been advised that the Respondents have complied with all lien reduction procedures set forth Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Cook moved that this Board reduce the fines instituted in Case No. 03-2525, by virtue of this Board's Order of November 19, 2004, to an amount of $730.15, including administrative costs. Motion seconded by Mr. Foot and unanimously carried. Mr. Foot inquired about the status of the ordinance regarding prompt payment of fines. Mr. Blasie reported that the ordinance would be on the City Commission agenda for the June 15, 2004 meeting for first reading. If the reduced fine is not paid within 90 days, the original fine would be re-instituted. Case #98-3222 Christopher Nelson 421 NW 3rd Street Mr. Blasie stated that the case was originally cited on September 3, 1998 for violation of the City's Community Appearance Code and for having unlicensed or inoperable motor vehicles. The case first came before the Board on December 16, 1998 and Mr. Nelson appeared. A compliance date of April 16, 1999 was set or be fined $25 per day. The property came into compliance on November 12, 2003 for a total fine of $41,750, plus administrative costs of $634.12. Mr. Blasie explained that the lien was the result of having an unlicensed and/or inoperable vehicle on the property. The grass complied within the time set for compliance. Mr. Blasie presented photographs of the vehicle to the respondent and then to the Board. The car was sold; however, the respondent could not supply any information when the actual date of the sale took place. After searching the Code files, it was determined that November 12, 2003 was the compliance date. Mr. Blasie noted that the respondent was given 120 days to remove the vehicle and then received an extension at the certification of fine hearing. Christopher Nelson, 421 NW 3rd Street, Boynton Beach stated that he did remove the vehicle within the time allowed, but he was not aware that he should have informed Code Enforcement that he had complied. He did not learn of the lien on his property until he tried to refinance the house. Chairman DeLiso asked the respondent when he removed the vehicle and he could not furnish a specific date. Mr. Nelson said that he has a constant problem with the sod because he lives on a corner lot and there are telephone lines and cables located on his property. Various service people are always parking on the grass and have broken his sprinkler system. He would like to put some trees in the easement to prevent the trucks from parking on the property. Mr. Blasie explained that with approval of the City, the respondent would be allowed to put certain species of trees on the property to prevent the trucks from parking on his property. Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 Mr. Blasie noted that there have been other vehicles towed from the respondent's property. Chairman DeLiso inquired how long the respondent has owned the property, and Mr. Nelson stated since 1998. Mr. Blasie noted that the files indicate that four vehicles were cited at the property on September 3, 1998 and other vehicles on April 11, 2000 and February 27, 2001. With regard to the question of when the vehicle was actually sold, Mr. Nelson thought that it had been sold within two months of having been cited. He said that he had contacted Mr. Webb to tell him that the car was up for sale, so he did not know that he had to call back when the vehicle was actually removed. Mr. Blasie responded that the vehicle in question was still on the property on June 10, 1999. Mr. Blasie inquired why the respondent did not appear at the June 1999 meeting. Mr. Nelson stated that he never received the notice because he has problems receiving his mail. Mr. Blasie pointed out that Mr. Nelson received some Code Enforcement correspondence. Mr. Foot felt that some kind of fine would be appropriate since the respondent took a long period of time before coming into compliance. Ms. Cook pointed out that there have also been other vehicles that have been cited since that time. Motion Based on the testimony and evidence presented in Case #98-3222, 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, Ms. Cook moved that this Board reduce the fines instituted in Case #98-3222, by virtue of this Board's Order of December 16, 1998, to an amount of $1,000, plus administrative costs of $634.12, for a total fine of $1,634.12. Motion seconded by Vice Chair Costantino and unanimously carried. Case #00-128 Roberto Martinez 2633 NE 4th Street Mr. Blasie noted that no one was present and requested that the case be tabled. Motion Vice Chair Costantino moved that Case No. 00-128 be tabled until the Code Compliance Board meeting to be held on June 24, 2004. Motion seconded by Mr. Foot and unanimously carried. Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 Case #03-2068 Ernestine A. Robinson 2031 NW 2nd Court Mr. Blasie stated that the case was originally cited July 11, 2003 for violation of the Community Appearance Code. The case first came before the Board on September 17, 2003 and no one appeared. A compliance date of November 17, 2003 was set or be fined $25 per day. The property came into compliance on February 18, 2004 for a fine of $2,300, plus administrative costs of $730.15. Mr. Blasie presented first presented photographs taken today and on December 16, 2003 and November 20, 2003 to the respondent and then to the Board. Ernestine Robinson, 2031 NW 2nd COUrt, Boynton Beach, assumed the podium. Chairman DeLiso asked the respondent why it took her 92 days for compliance. Ms. Robinson said that when she was originally cited, she was very sick, but also did not understand what the violations were for. When she determined what was necessary to bring the property into compliance, she did the work immediately. She installed a sprinkler system and spent over $6,000. Mr. Blasie noted that the yard has been completely resodded. The Board members thought that the property looked very good. Ms. Robinson was unaware that there was a lien on her property until she tried to refinance it. Motion Based on the testimony and evidence presented in Case No. 03-2068, 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. 03-2068, by virtue of this Board's Order of September 17, 2003, to an amount of $730.15, including administrative costs. Motion seconded by Ms. Cook and unanimously carried. Case #03-1353 Marcellus J. Francois 408 NE 7th Avenue Mr. Blasie stated that the case was originally cited on April 29, 2003 for violations of the Community Appearance Code, Florida Building Code, and Land Development Regulations and involves securing a permit or removing an awning canopy, registering or making operable vehicles, removing outside storage, sod required in swale and install street numbers on the property. The case first came before the Board on July 16, 2003 and the respondent appeared. A compliance date of September 14, 2003 was set or be fined $25 per day. The property complied on March 1, 2004 for a total fine of $4,200, plus administrative costs of $730.15. Mr. Blasie explained that there are two liens on the property and there is another case to be heard. The respondent had to pay $250 to appear today. The property is in total compliance and Mr. Blasie presented photographs taken on March 12, 2004 and one 7 Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 taken today. The photographs were first presented to the respondent and then to the Board. Marcellus J. Francois, 408 NE 7th Avenue, Boynton Beach assumed the podium. Chairman Blasie inquired if the property was sold and Mr. Francois stated that it was not. He did have a buyer, but that never came to fruition. He stated that he tried to bring the property into compliance, but he had problems with his sick mother. He also reported that when he was fixing up the inside of the building, he fell off a 40' ladder. Mr. Francois stated that it cost him around $10,000 to fix up his property and he has decided not to sell it because he would lose this money. He is trying to rent it out to a mechanic to use it as a garage since it had previously been used as a transmission shop. Mr. Blasie pointed out that currently there is an occupational license for the property for upholstery repair. Chairman DeLiso pointed out that if the respondent rented the property out as a repair shop, he would have to apply for a new occupational license. Mr. Blasie also presented photographs to the respondent and the Board that pertained to the other case, which were photographs of the inside of the building. Ms. Cook inquired if the respondent would still operate the business as an upholstery shop and he stated he wanted to find a mechanic to occupy the building because he could not make enough money repairing upholstery to maintain the building. Motion Based on the testimony and evidence presented in Case No. 03-1353, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 03-1353, by virtue of this Board's Order of July 16, 2003, to an amount of $730.15, including administrative costs. Motion seconded by Mr. Foot and unanimously carried. Case #03-3015 Marcellus J. Francois 408 NE 7th Avenue Mr. Blasie stated that the property was originally cited November 5, 2003 for violation of the Florida Building Code, permits and inspections required or remove non-permitted stairs. The case first came before the Board on January 21, 2004 and no one appeared. A compliance date of January 21, 2004 was set or be fined $25 per day. The property complied on March 13, 2004 for 36 days of non-compliance and a total fine of $900, plus administrative costs of $730.15. Mr. Blasie reported that the property has been inspected several times and is now in compliance. Marcellus Francois, 408 NE 7th Avenue, explained that the electrical problems related to a compressor that was in the property and belonged to a former owner. When the Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 former owner sold the property, he took the compressor, but left the electrical airlines, which Mr. Francois had to remove. Mr. Blasie reported that the property underwent an environmental review inspection and the Building Official reported that there was some kind of electrical lines associated with the inside mezzanine of the building. Mr. Blasie thought that a previous tenant had done most of the work. Motion Based on the testimony and evidence presented in Case No. 03-3015, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Cook moved that this Board reduce the fines instituted in Case No. 03-3015, by virtue of this Board's Order of January 21, 2004, to an amount of $300, including administrative costs. Motion seconded by Mr. Foot. Motion failed 2-3 (Chairman DeLiso, Vice Chair Costantino and Ms. Carroll dissenting). Motion Based on the testimony and evidence presented in Case No. 03-3015, 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, Vice Chair Costantino moved that this Board rescind the fine instituted in Case No. 03-3015, by virtue of this Board's Order of January 21, 2004, and that the lien imposed by that Order be released. Motion seconded by Ms. Carroll and carried 3-2 (Mr. Foot and Ms. Cook dissenting). Mr. Foot inquired if the vote required a majority of the entire Board or a majority of the Board members present. Attorney Tolces stated that a vote of a majority of the entire Board was required to reduce a lien. Motion Based on the testimony and evidence presented in Case No. 03-3015, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 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. 03-3015, by virtue of this Board's Order of January 21, 2004, to an amount of $150, including administrative costs. Motion seconded by Ms. Cook and unanimously carried. VI. Discussion Mr. Blasie noted that at the regular Code Compliance Board meeting last week he distributed information about a workshop scheduled at the Code Enforcement Annual State Conference in Orlando. After speaking with City Manager Bressner, he has Meeting Minutes Code Compliance Board Lien Reductions Boynton Beach, Florida May 27, 2004 determined that if any Board members would like to attend, they would be able to. Vice Chair Costantino responded that she would like to attend and Ms. Cook said that she would know by tomorrow. The workshop is scheduled for Saturday, June 19, 2004 from 8:00 a.m. to 12 noon at the Renaissance Orlando Resort at Sea World. There are still places available and the speaker is excellent. The course, including continental breakfast, is $40, which the Code Division will pay for. Members will be responsible for all other expenses. Any Board member that would like to attend should contact Mr. Blasie on Friday. VII. Adjournment There being no further business, the meeting properly adjourned at 4:20 p.m. Respectfully, Barbara M. Madden Recording Secretary (May 28, 2OO4) ]0