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Minutes 09-23-04 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEMBER 23, 2004 AT 3:00 P.M. Present Chris DeLiso, Chairman Mike Pawelczyk, Assistant City Attorney Michele Costantino, Vice Chair Scott Blasie, Code Administrator Kathleen Carroll Kathy Cook Bob Foot Lisa Simshauser Absent Patti Hammer I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. I1. Approval of Minutes Motion Vice Chair Costantino moved to table approval of the minutes. Motion seconded by Mr. Foot and unanimously carried. III. Approval of Agenda Mr. Blasie called the roll. Mr. Blasie explained the appeal process available to the applicants and the City Commissioners. Motion Mr. Foot moved to approve the agenda. Motion seconded by Vice Chair Costantino and unanimously carried. IV. 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 Reduction Hearing Boynton Beach, Florida September 23, 2004 A. Lien Reductions Case #01-3022 Dale Beapot 203 NE 11th Avenue Mr. Blasie reported that the violation resulted from a chainlink fence being erected without a building permit and inspections. No one appeared at the February 20, 2002 Code Compliance Board Hearing. A compliance date of March 2, 2002 was set or be fined $25 per day. The property complied on November 27, 2002 for 269 days of non- compliance, resulting in a fine of $6,725, plus administrative costs of $1,402.36. Since this is a rental property, the applicant also was required to obtain an occupational license. As a result, additional work was required to the property before the property could be rented out. Mr. Blasie presented photos first to the applicant and then the Board taken on February 19, 2002, May 14, 2002, September 1,2004 and September 22, 2004. Lloyd Maragh, who manages the property for Dale Beapot and is his brother-in-law, took the podium. He stated that they did not learn that there was a lien on the property until they went to refinance it. They never received notice that a lien was being placed on the property, nor did they receive a notice of violation. Chairman DeLiso inquired if the City had proof that the applicant received notice. Mr. Blasie responded that service was made by posting. The public records indicated that Dale Beapot lived in Utica, New York and that is where the mail was sent. Mr. Maragh stated that he received some other notices of violations that were sent to his West Palm Beach residence. When he received these other notices, he corrected the violations as soon as possible. Mr. Blasie stated between November 1, 2001 and November 5, 2002, Mr. Beapot's address changed in the public records from New York to West Palm Beach. Notices after November 5, 2002 were sent to West Palm Beach because the address changed. Mr. Blasie presented a print out from the Property Appraiser's Office dated November 1, 2001 that indicated Mr. Beapot lived in New York at that time. The Property Appraiser's print out on November 5, 2002 showed that he was then living in West Palm Beach. Chairman DeLiso inquired why there were so many inspections on this property. Mr. Blasie responded that a great number of inspections were required for this property due to the occupational license. Also, the applicant called the City for a lien reduction hearing and Mr. Blasie went out to the property, but it was not ready for the inspection. Mr. Foot pointed out that the property was posted twice between November 2001 and February 2002 and that the City met its requirements. He recommended a fine of $672 plus administrative costs of $1,402.36 or rounding the fine out to $2,000 even. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Mr. Maragh stated that the tenant did receive notice of violation, but refused to provide him with the information. Chairman DeLiso explained that this was between the owner and the tenant; the City fulfilled its requirements. Mr. Blasie noted that the property was actually posted three times. Motion Based on testimony and evidence presented in Case No. 01-3022, 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. 01-3022, by virtue of this Board's Order of February 20, 2002, to an amount of $2,000, including administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #03-1393 James & Katie Shelton 3200 E. Atlantic Drive Mr. Blasie reported that the prior property owners, James and Katie Shelton, corrected the violations. The property was originally cited on May 2, 2003 for violation of the Community Appearance Code and Section 10-3 of the Code of Ordinances. No one appeared at the Code Compliance Board Hearing of November 19, 2003. A compliance date of November 29, 2003 was set or be fined $25 per day. The property complied on July 6, 2004 for 219 days of non-compliance resulting in a fine of $5,475, plus administrative costs of $826.18. Mr. Blasie presented photographs taken on November 19, 2003, December 1, 2003, December 16, 2003, and September 22, 2004. The photographs were first presented to the applicants and then to the Board. Glen Feinman and Douglas Hauck assumed the podium and stated they purchased the property on June 8, 2004. Chairman DeLiso inquired if they were aware that there was a lien on the property when they purchased it and they stated they were aware of this. Chairman DeLiso inquired if they intended to fix up the property and sell it and they stated this was their intent. Mr. Blasie asked how much money they spent on the property and they responded $17,000. They put up a new fence and refurbished the entire property that was in very poor condition. It cost them over $2,000 to remove all the trash. Mr. Blasie pointed out that the property was in foreclosure when the applicants purchased it. Members discussed the amount of the fine to be assessed. Because the applicants put a great deal of work into the property, they felt that administrative costs would be appropriate. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Motion Based on testimony and evidence presented in Case No. 03-1393, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 03 -1393, by virtue of this Board's Order of November 19, 2003, to an amount of $826.18, including administrative costs. Motion seconded by Ms. Simshauser and unanimously carried. Case #00-1810 Venetrice A. Jackson 1634 NE 2nd Court Mr. Blasie reported that the applicant was present for two similar cases. The first was cited in 2002 and the other in 2000. The property was originally cited on July 25, 2000 for violation of the Community Appearance Code and failure to obtain an occupational license. The case first came before the Board on October 18, 2000 and no one appeared. A compliance date of November 13, 2000 was set or be fined $25 per day. The property complied on June 1, 2003 for 929 days of non-compliance and a fine of $23,225, plus administrative costs of $1,018.24. Mr. Blasie presented photographs taken on December 18, 2000, February 15, 2001, February 21, 2001, March 16, 2001 and September 22, 2004. The photographs were first presented to the applicant to identify and then to the Board. Venetrice A. Jackson, 1634 NE 2nd Court stated that the property was first cited in 2000 for sod, lack of an occupational license and improperly registered vehicle on the property. She stated that she did not need an occupational license because she lived at the property and she registered the vehicle. When she originally put sod in the yard, because of a water restriction, the sod died. Also, she was not aware that she was supposed to have the property re-inspected. Ms. Jackson did not save the records to show that she placed the sod in her yard. When she was required to replace the sod again, she applied to the City's Community Development Division and received the sod last summer. Mr. Blasie stated that they used the date supplied by Community Development as the compliance date. Mr. Foot inquired about the occupational license. Mr. Blasie agreed that the applicant did reside at the property and did not need an occupational license. This was noted at the fine certification hearing and the fine was certified for community appearance only. The applicant also pointed out that when she had been cited she was going through a bankruptcy and she could not afford to put sod down because her property was a large corner lot. She replaced the sod that died when she found out about the sod offered through the City. The applicant stated she could not afford to pay any fine and is currently trying to refinance her property to get out of bankruptcy. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Mr. Blasie reminded the Board that the respondent has a second case for the same violation. He explained that because the applicant lived on a corner lot, a great deal of trash ends up on her property. Mr. Foot recommended assessing administrative costs only. Motion Based on the testimony and evidence presented in Case No. 00-1810, 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. 00-1810, by virtue of this Board's Order of October 18, 2000, to an amount of $1,018.24, including administrative costs. Motion seconded by Ms. Cook and unanimously carried. Case #02-2200 Venetrice A. Jackson 1634 NE 2nd Court Mr. Blasie presented the case. The property was originally cited on August 26, 2002 for violation of the Community Appearance Code. The case first came before the Board on November 20, 2002 and the respondent did appear. A compliance date of December 20, 2002 was set or be fined $25 per day. The property complied on June 1, 2003 for 162 days of non-compliance resulting in a fine of $4,050, plus administrative costs of $922.21. Mr. Foot inquired if there was a separate affidavit filing cost for this case from the first case and Mr. Blasie confirmed that there was. Mr. Foot was not in favor of waiving the fine in this case, but assessing the applicant the filing costs of $250. Ms. Cook noted that the applicant has kept her property looking good for over a year and appears to be trying hard to maintain it. She also noted that the applicant is having financial problems and felt that the fine in this case should be totally rescinded. Motion Based on the testimony and evidence presented in Case No. 02-2200, 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 rescind the fine instituted in Case #02-2200, by virtue of this Board's Order of November 20, 2002, and that the lien imposed by that Order be released. Motion seconded by Vice Chair Costantino and unanimously carried 5-1 (Mr. Foot dissenting). Case #03-1893 Peniel Evangelical Alliance 515 NE 3rd Street Mr. Blasie noted that there are two separate cases for two different violations involving this applicant. The property was cited on June 25, 2003 for violation of the Community Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Appearance Code. The case first came before the Board on February 18, 2004 and no one appeared. A compliance date of April 18, 2004 was set or be fined $25 per day. The property complied on September 14, 2004 for 148 days of non-compliance resulting in a fine of $3,700, plus administrative costs of $1,114.27. Mr. Blasie presented photographs taken on May 19, 2004, June 16, 2004 and September 22, 2004. The photographs were presented to the applicants and then to the Board. Pastor Ceneius and Deacon Gaston St. Louis assumed the podium. Pastor Ceneius stated that when they received the notice, they mowed the grass and cut the palm trees. However, they were unaware that they had to stripe the parking lot. Mr. St. Louis stated that this has now been done and the property passed inspection. Pastor Ceneius stated that they were waiting to receive the proceeds from a loan to complete all the renovations, but had to resolve the lien before they could get the money. Mr. Blasie explained that the applicant purchased the property in March 2003. It was previously used as a carpet warehouse and before the Alliance purchased the property, it was vacant and deteriorated. The property was in substandard condition and required a lot of work. Mr. Foot inquired what the cost was for an applicant to appear before the Board for more than one case. Mr. Blasie responded that it was $200 for the first case and $50 for each additional case. Therefore, this applicant paid $250 to appear before the Board. Mr. Foot recommended assessing administrative costs only. Motion Based on the testimony and evidence presented in Case No. 03-1893, 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. 03-1893, by virtue of this Board's Order of February 18, 2004, to an amount of $1,114.27, including administrative costs. Motion seconded by Ms. Costantino and unanimously carried. Case #04-608 Peniel Evangelical Alliance 515 NE 3rd Street The applicants remained at the podium. Mr. Blasie explained that the applicants intend to make further improvements to the property. The property was originally cited on March 18, 2004 for violation of the Community Appearance Code. The case first came before the Board on April 21, 2004 and no one appeared. A compliance date of May 21, 2004 was set or be fined $25 per day. The property came into compliance on September 14, 2004 resulting in a fine of $2,875, plus administrative costs of $634.12. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Mr. Blasie presented photographs to the applicants and then to the Board. Chairman DeLiso inquired when they purchased the property and was informed it was March 2003. The property was substandard and the irrigation system did not work. Mr. Blasie presented photographs first to the applicants and then to the Board. Mr. Foot recommended assessing a fine for the filing costs of $250 only. Motion Based on the testimony and evidence presented in Case No. 04-608, 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. 04-608, by virtue of this Board's Order of April 21, 2004, to an amount of $250, including administrative costs. Motion seconded by Ms. Cook and carried 5-1 (Chairman DeLiso dissenting). Case #03-1202 Jafus & Bonnie G. Crawford 121 NE 16th Ave. The property was originally cited on April 17, 2003 for violation of the Community Appearance Code. The case first came before the Board on June 18, 2003 and no one appeared. A compliance date of August 17, 2003 was set or be fined $100 per day. The property came into compliance on September 22, 2004, resulting in a fine of $40,100, plus administrative costs of $730.15. Mr. Blasie presented photographs taken on June 17, 2003, August 27, 2003, September 16, 2003 and September 22, 2004 to the applicants and then to the Board. Jafus Crawford, 121 NE 16th Avenue, stated it took him a long time to bring the property into compliance because he had been laid off from his job and was having financial problems. He just received the money to make the repairs to bring the property into compliance. Mr. Blasie confirmed that the applicant had been laid off and his roof had serious damage. He informed Mr. Blasie that he was going to lose his house and asked Mr. Blasie if there was anything he could do to help. When Mr. Blasie was in the north end of the City with two Police Officers he mentioned Mr. Crawford's plight to them. One of the officers was Officer Danny Vargas who happened to know Mr. Crawford. Officer Vargas raised $6,000 to help Mr. Crawford. Mr. Crawford had already received approval for refinancing to make all of the repairs. However, he could not get the loan because of the lien. When he received the money from Officer Vargas, Mr. Crawford took care of everything to bring the property into compliance so he could go forward with the refinancing. Mr. Blasie was very appreciative of Officer Vargas for his help. Mr. Foot recommended assessing administrative costs only. Vice Chair Costantino inquired if this was one of the cases that was postponed because the Board did not Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 have a quorum, and Mr. Blasie stated that it was not. Ms. Cook inquired why the $100 per day fine was assessed. Chairman DeLiso explained that Mr. Robeson, who owned a lot of property in Boynton Beach, employed Mr. Crawford, who came before the Board several times on behalf of Mr. Robeson. When Mr. Crawford's case came to the Board, Chairman DeLiso thought that Board members were confused and assumed that he was a repeat offender, which was not the case. Motion Based on the testimony and evidence presented in Case No. 03-1202, 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. 03-1202, by virtue of this Board's Order of June 18, 2003, to an amount of $730.15, including administrative costs. Motion seconded by Ms. Cook and unanimously carried. Case #02-2856 Robert & Matthieu Dorsinvil 2117 NE 3rd Court The Recording Secretary administered the oath to Mr. Dorsinvil, who did not understand English. It was determined that an interpreter was needed, and Mr. Blasie contacted Officer Pierre to come to the Chambers for this purpose. While waiting for Officer Pierre, the Board moved on to the next case. Case #97-1428 Barbara Godfrey & David Vickers 1612 NE 3rd Street Mr. Blasie presented the case. The property was originally cited on March 14, 1997 for violation of the Community Appearance Code. The case first came before the Board on June 18, 1997 and no one appeared. A compliance date of July 14, 1997 was set or be fined $25 per day. The property came into compliance on October 1, 2001 for 1,539 days of non-compliance, resulting in a fine of $38,475, plus administrative costs of $1,018.24. Mr. Blasie reported that the photos for the case were missing from the file. In order to determine a compliance date, Mr. Blasie consulted with Inspectors Melillo and Webb, who each covered this area at one time, and they came up with a compliance date of October 1,2001. Mr. Blasie presented photographs of the property taken on August 18, 2004 and September 22, 2004. Barbara Godfrey Vickers, 1612 NE 3rd Street stated that when she was notified of the violations she fixed the property immediately. She was not aware that she was supposed to call the City to come back to inspect it. Mr. Foot asked how the City determined October 1, 2001 as the compliance date. He also asked if there was any proof that the applicant first brought the property into Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 compliance in 1997 and Mr. Blasie stated that it might have been possible. Ms. Vickers stated that Inspector Melillo informed her that her property was the best looking property on the street at that time. The only problem she was having with her property was the trash in the swale. She further stated that when she purchased the property in 1996, there was grass in the yard and she has always maintained it. Mr. Blasie confirmed that Inspector Melillo took over this area in October 1, 2001 who recalled that the property was in good shape on October 1,2001. Chairman DeLiso Blasie recommended assessing the filing costs only, to which Mr. I Blasie agreed. Motion Based on the testimony and evidence presented in Case No. 97-1428, 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. 97-1428, by virtue of this Board's Order of June 18, 1997, to an amount of $250, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #02-2856 Robert & Matthieu Dorsainvil 2117 NE 3rd Court The property was originally cited on November 7, 2002 for violation of the Community Appearance Code. The case came before the Board on January 15, 2003 and no one appeared. A compliance date of February 14, 2003 was set or be fined $25 per day. The property complied on July 31, 2004 for 532 days of non-compliance, resulting in a fine of $13,300, plus administrative costs of $826.18. Mr. Blasie presented photographs taken on September 22, 2004, September 1, 2004, March 18, 2003 and January 14, 2003. Inspector Vestiguerne Pierre interpreted for the applicant. Attorney Pawelczyk requested that the applicant identify the photographs as being his property. M. Dorsainvil stated that the property in the photographs was his. Mr. Blasie requested that the applicant state his name and relationship to the property for the record. Matthieu Dorsainvil, 2117 NE 3rd Court was administered the oath by the Recording Secretary. Chairman DeLiso inquired why it took so long to bring the property into compliance. Mr. Dorsainvil stated that he was laid off and did not have a job. When he secured employment, he tried to fix the violations. He is now working fulltime. Vice Chair Costantino asked how the applicant learned that there was a lien on the property. He stated that the mortgage company informed him that there was a lien. Vice Chair Costantino asked if he was refinancing the property and he stated he was not. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Vice Chair Costantino inquired if this was one of the cases that had to be rescheduled because there was no quorum and Mr. Blasie noted that the receipt for payment to appear before the Board was dated August 5, 2004. Motion Based on the testimony and evidence presented in Case No. 02-2856, 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. Foot moved that this Board reduce the fines instituted in Case No. 02-2856, by virtue of this Board's Order of January 15, 2003, to an amount of $826.18, including administrative costs. Motion was seconded by Vice Chair Costantino and was unanimously carried. Mr. Blasie requested that Inspector Pierre explain the appeal process to the applicant. Case #99-527 Fleurina Guillaume & Macius Alcinor 1711 NE 1st Street Mr. Blasie explained that this applicant has two cases that are similar. The property was originally cited on March 26, 1999 for violation of the Community Appearance Code. The case originally came before the Board on June 16, 1999 and no one appeared. A compliance date of July 19, 1999 was set or be fined $25 per day. The property complied on June 17, 2004 for 1,794 days of non-compliance, resulting in a fine of $44,850, plus administrative costs of $922.21. Mr. Blasie presented photographs taken on June 11, 1999, August 13, 1999, and September 1, 2004. Inspector Pierre interpreted for the applicant. Mr. Blasie requested that the applicant identify the photographs as his property, which he confirmed. Macius Alcinor, 1711 NE 1st Street, Boynton Beach was administered the oath by the Recording Secretary. Chairman DeLiso asked why it took him so long to bring the property into compliance. The applicant stated that his children took the mail out of the mailbox and never gave him the letter, so he was not aware of the violations. Mr. Foot pointed out that the backup for this case indicates that the certified letter was returned and the property was posted. Mr. AIcinor stated that he did see the posting, but did not understand what it meant. Mr. Foot noted that in the second case, the backup indicates that the notice was hand delivered and asked if the records indicated who received the notice. Mr. Blasie presented the fine certification notice that was hand delivered on November 8, 2001 by Inspector Melillo and the signature indicates that Rosalyn Docteur received it. Mr. AIcinor stated that this was his "nephew," who does not live at the house. Mr. Blasie presented another notice that was delivered by Courtney Cain on October 6, 2001 and appears to be signed by Macius Alcinor. Inspector Pierre presented the signed notice to l0 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 the applicant and he identified it as his signature. Mr. Blasie noted that this applied to the second case. Ms. Cook inquired how the applicant learned that there were liens on his property. Mr. AIcinor stated that he received a notice in June to place grass on his property. When he went to the Code Office to let them know that he put the grass down, he was informed of the liens. Mr. Blasie explained that this third violation had complied. Ms. Cook requested that the applicant be told that the City is watching properties to ensure that people are taking care of them. The Board did not want to see him appear again and would hope that he takes care of his property. Mr. Blasie reported that the City placed a new swale and driveway apron on his property and he needs to make sure that he takes care of them. Mr. Blasie noted that this case was also scheduled for last month's meeting. Motion Based on the testimony and evidence presented in Case No. 99-527, 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, Ms. Cook moved that this Board reduce the fines instituted in Case No. 99-527, by virtue of this Board's Order of June 16, 1999 to an amount of $1,500, plus administrative costs of $922.21 for a total fine of $2,422.21. Motion seconded by Vice Chair Costantino and unanimously carried. Case #01-2031 Fleurina Guillaume & Macius Alcinor 1711 NE 1st Street This was the second case for this applicant. The property was originally cited on August 9, 2001 for violations of the Community Appearance Code dealing with outdoor storage in the carport. This was visible in the pictures presented in the previous case. The case came before the Board on October 17, 2001 and no one appeared. A compliance date of November 1, 2001 was set or be fined $25 per day. The property complied on June 17, 2004 for 958 days of non-compliance, resulting in a total fine of $23,950, plus $730.15 in administrative costs. Ms. Cook felt that the Board had already expressed its views about people keeping their properties in good condition and recommended that the fine in this case be rescinded. Motion Based on the testimony and evidence presented in Case No. 01-2031, 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, Ms. Cook moved that this Board rescind the fine instituted in Case No. 01-2031, by virtue of this Board's Order of October 17, 2001, and that the lien imposed by that Order be released. Motion seconded by Ms. Costantino and carried 5-1 (Mr. Foot dissenting). Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Mr. Blasie requested that Inspector Pierre explain the appeal process to the applicant. Case #03-126 Debra W. Marshall 380 NW 16th Court Mr. Blasie noted that the property was originally cited on January 23, 2003 for not having a permit for the fence and no house numbers on the building. The case first came before the Board on May 21, 2003 and no one appeared. A compliance date of June 20, 2003 was set or be fined $75 per day. The property complied on September 22, 2004 for 459 days of non-compliance, resulting in a fine of $34,425, plus $730.15 in administrative costs. Service was done by posting and the certified letter was returned by the Post Office. The applicant received notice of the fine certification by certified mail. Mr. Blasie presented photographs taken on July 29, 2003, May 21, 2003 and September 23, 2004. The applicant removed the entire fence in order to bring the property into compliance and the numbers have been placed on the house. Victor Marshall and Debra W. Marshall, 380 NW 16th Court assumed the podium. Chairman DeLiso asked the applicant why it took so long to bring the property into compliance. Mr. Marshall responded that he was not aware that they needed to obtain a permit for the fence. They have been going through some hard times and there have been deaths in the family and they forgot about the fence. Ms. Marshall stated that she was not aware that the property had been cited and that she relied upon her husband to take care of these issues. She learned that there was a lien on the property when her mortgage company informed her of it. Ms. Cook inquired if the applicants were refinancing their property and was informed that they were not. Chairman DeLiso stated that the property looked good. Mr. Marshall stated that he put up the fence to prevent thefts from occurring on his property. Ms. Simshauser inquired why the applicant did not obtain a permit once he knew that one was needed. Mr. Marshall stated that he lost his brother and made some bad business decisions and they have been having a hard time financially. He explained that they are losing the home and cannot afford it. They have a buyer for the house and if the case is settled today, they should receive just enough money to start over. Mr. Blasie explained that his office has prepared a document for the Marshalls to take with them citing what the Board did today. Even though this is not final, it should help them. Mr. Foot inquired where they have been living and was informed that they are still living at the property, but the foreclosure sale is scheduled for Monday. Ms. Cook noted that the house was in very good condition and the fine resulted from not obtaining a permit for a fence. She recommended assessing the filing costs only so that they could get on with their lives. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida September 23, 2004 Motion Based on the testimony and evidence presented in Case No. 03-126, 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. 03-126, by virtue of this Board's Order of May 21, 2003, to an amount of $250, including administrative costs. Motion seconded by Ms. Cook and unanimously carried. VI. Adjournment There being no further business, the meeting properly adjourned at 4:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (September 28, 2004)