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Minutes 10-28-04 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, OCTOBER 28, 2004 AT 3:00 P.M. Present Chris DeLiso, Chairman Michele Costantino, Vice Chair Kathleen Carroll Kathy Cook Bob Foot Lisa Simshauser Patti Hammer David Tolces, Assistant City Attorney Scott Blasie, Code Administrator I. Call to Order Chairman DeLiso called the meeting to order at 3:00 p.m. I1. Approval of Minutes Mr. Foot reported that the September 23, 2004 minutes were approved at the October 20, 2004 meeting. II1. Approval of Agenda Mr. Blasie announced that he verified that all the applicants were present with the exception of Nathaniel Alexander for case # 98-3280. IV. Swearing in of Witnesses and Introduction Assistant City Attorney Tolces administered the oath to ail persons who would be testifying. V. New Business A. Lien Reductions Case #02-2213 Paul Benito 137 NE 11th Avenue Mr. Blasie reported that the case originated on August 27, 2002 for violation of Florida Building Code. The violation resulted from a window and door being replaced without a building permit and inspections. No one appeared at the November 20, 2002 Code Compliance Board Hearing. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28, 2004 A compliance date of December 20, 2002 was set or be fined $25 per day. The property complied on October 11, 2004 for 660 days of non-compliance, resulting in a fine of $16,500.00, plus administrative costs of $730.15. Mr. Blasie presented photos first to the applicant and then to the Board. He stated that it was a permit case; therefore, there was nothing to compare the photos to. He noted that Mr. Paul Benito was the original owner at the time when the case was processed. Alfred Lombardi, the current owner of 137 NE 11th Avenue, took the podium. He said the building was very dilapidated because of the previous owner. He took it over and worked closely with the Code Officer. He obtained permits for various jobs and brought the property into compliance. Chairman DeLiso asked Mr. Lombardi if he purchased the property knowing there was a lien on it. Mr. Lombardi responded that he purchased the property with the lien but did not know the extent of the lien. He said he held some escrow money back from the previous owner but it did not compare to the amount of lien on the property. Mr. Blasie reported that it was a nice piece of property and suggested that Mr. Lombardi explain to the Board why it took 660 days for compliance. Mr. Blasie reported that his records showed that Mr. Lombardi took ownership in June of 2004, according to the Palm Beach County Property Appraiser's office. Mr. Lombardi explained to the Board the cause of the delay and explained that he spent close to $25,000 to bring the property into compliance. Chairman DeLiso inquired about Mr. Lombardi's plans for the property. Mr. Lombardi responded that he would be renting out the property and he would maintain it. Mr. Foot pointed out that the Board was not interested in the appearance or the cost associated but wanted to know why the permits were not pulled by the previous owner at the time the windows and doors were replaced. Motion Based on the testimony and evidence presented in Case #02-2213, 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 #02-2213, by virtue of this Board's Order of November 20, 2002, to an amount of $730.15, including administrative costs. Motion seconded by Vice Chair Costantino and passed unanimously. Case #02-828 Stephen E. Solomon 415 Buttonwood Lane, 308C Mr. Blasie reported that the property owner of record at the time the case was processed was Stephen E. Solomon. He no longer owns the property. 2 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28~ 2004 The property was originally cited on March 28, 2002 for violation of Land Development Regulations. The building was unsafe and unsanitary for habitation. No one appeared at the Code Compliance Board Hearing of August 21, 2002. A compliance date of September 20, 2002, was set or be fined $25 per day. The property complied on May 30, 2003 for 253 days of non-compliance resulting in a fine of $6,325.00, plus administrative costs of $826.18. Mr. Blasie presented photographs taken on April 11, 2002. The photographs were first presented to the applicants and then to the Board. He pointed out that the Code Compliance Division got involved after the Police Department visited the property. Alan Klasfeld, assumed the podium and stated he purchased the property as a foreclosure from the homeowner lien. He said when he arrived at the property there was a notice and the property was sealed off. He called the Code Compliance Division and was notified that it was an uninhabitable situation, so he corrected the violation. Mr. Klasfeld stated that there was money in the court registry and the mortgage company went after the money. They notified the City, but notified the wrong department so he assumed the problem was taken care. Mr. Blasie reported that Chairman DeLiso was notified of the foreclosure; however, the City of Boynton was not notified. Therefore, the City could not have responded. Mr. Blasie said the Property Appraiser's Office records indicated that Mr. Klasfeld obtained the property in March 2003. Chairman DeLiso inquired what the applicant intended to do with the property. Mr. Klasfeld responded that he rented it for one year and was planning to sell the property. Vice Chair Costantino asked whether he had obtained a permit to rent the property. Mr. Klasfeld responded that he did not obtain a permit to rent the property. Ms. Hammer asked if the applicant collected rent monthly on the property. Mr. Klasfeld responded that he collected nominal rent. Chairman DeLiso asked the applicant for a brief description of the repairs. Mr. Klasfeld said he replaced plumbing, electrical appliances, carpeting and painted the property. Mr. Foot pointed out that prior to compliance the property was a hazard to the rest of the building. The applicant purchased the liabilities with the property; therefore, the fine would be significant because the problem went unresolved for long period of time. Mr. Biasie pointed out for clarification that when the lien occurred the applicant was not the owner of the property. 3 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28, 2004 Motion Based on testimony and evidence presented in Case No. 02-828, 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. 02-828, by virtue of this Board's Order of August 21, 2002, to an amount of $1,826.18, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #95-3400 Villard & Magda Bernard 317 NE 16th Avenue Mr. Blasie reported that there were two cases for this property. The room addition and the permit issue for installation of an air-conditioning unit without inspection. Mr. Blasie noted that the property was originally cited on August 11, 1995 for violation of City Code 10-2, 10-3 and 103.1.1 of the Standard Building Code, 1991 edition, for having a dog building structure at the rear of the property that was a hurricane hazard; a room addition on the rear of the house installed without permit and some uncultivated Florida holly. The case first came before the Board on November 15, 1995 and Mr. Bernard appeared. The Board established two board Orders. A compliance date for the hurricane issue was set for December 19, 1995 or be fined $25 per day. The compliance date for the permit issue was set for April 19, 1996 or be fined $25 per day. The property complied on the hurricane issue on December 4, 1995 and on the permit issue on May 17, 2001 for 1,853 days of non-compliance, resulting in a fine of $46,325.00, plus $1,498.39 in administrative costs. Magda Bernard and Patrick Worsencrawl, assumed the podium. Mr. Worsencrawl said he was present to assist Ms. Bernard. Mr. Blasie reported that the permit issue with the dog structure and the Florida holly was not to be considered. He presented photographs taken on January 21, 2004, first to the applicants and then to the Board. Mr. Blasie stated that the property looked good. Chairman DeLiso inquired why it took from 1995 to 2004 to come into compliance. Mr. Worsencrawl said he assisted Ms. Bernard in explaining her situation and the letter was sent to Ms. Springer. He pointed out that Ms. Bernard's husband died in 1995 and shortly after that she got sick. There was lack of resources because she was unemployed. She does not communicate very well; therefore, she did not respond to the notice in a timely manner. Mr. Worsencrawl said he became involved and since then had brought things into compliance. 4 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28, 2004 Chairman DeLiso asked if Mr. Worsencrawl was Ms. Bernard's mortgage broker. He responded yes. Mr. Foot inquired as to whether there was any indication of the building addition being removed or brought into compliance sooner than May 2001. Mr. Blasie said it was an unfinished concrete building addition that sat in that state for sometime. Ms. Bernard pointed out that it was uninhabitable then. Mr. Blasie said the letter referenced was sent to him and Ms. Springer on September 22, 2004 recording the death of Ms. Bernard's husband and the Federal tax lien. Chairman DeLiso recommended assessing a fine of $1,500 plus administrative fees. Mr. Foot recommended assessing administrative costs only totaling $1,500. Motion Based on testimony and evidence presented in Case No. 95-3400, 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. 95-3400, by virtue of this Board's Order of November 15, 1995, to an amount of $1498.39, including administrative costs. Motion seconded by Vice Chair Costantino and unanimously carried. Case #01-398 Villard & Magda Bernard 317 NE 16th Avenue Mr. Blasie noted that the property was originally cited on February 27, 2001 for failure to obtain an inspection for an air-conditioning unit that was installed. The case first came before the Board on May 16, 2001 and Ms. Bernard appeared. A compliance date of June 18, 2001 was set or be fined $25 per day. Date of compliance was May 2, 2003 for 682 days at $25 per day of non-compliance, resulting in a fine of $17,050.00, plus $826.18 in administrative costs. Members discussed assessing the administrative fine only because the applicant took a long time to appear before the Board. Motion Based on testimony and evidence presented in Case No. 01-398, 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 reduce the fines instituted in Case No. 01-398, by virtue of this Board's Order of May 16, 2001, to an amount of $826.18, administrative cost only. Motion seconded by Mr. Foot and unanimously carried. 5 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28, 2004 Case #96-2622 Augustin Lejan 1520 NE 2nd Court Mr. Blasie reported that the applicant was present for similar cases for debris and unregistered vehicles. The property was originally cited on May 23, 1996 for violation of the Community Appearance Code and failure to put sod in the yard. The case first came before the Board on November 20, 1996 and no one appeared. A compliance date of December 17, 1996 was set or be fined $25 per day. The property complied on June 29, 2004 for 2,750 days of non-compliance and a fine of $68,750.00, plus administrative costs of $1,306.33. Mr. Blasie presented photographs taken on November 18, 1996 and October 28, 2004. The photographs were first presented to the applicant to identify and then to the Board. Mr. Blasie requested that the applicants state their names and relationship to the property for the record. Ms. Alexis and daughter Marie Alexis assumed the podium and stated that their uncle, Mr. Lejan, purchased the property for them to live in. He currently lives in Haiti. Chairman DeLiso inquired why it took so long to bring the property into compliance. Ms. Alexis said she is a single parent and was busy working two jobs at the time the lien occurred. She was unable to maintain the property so she paid someone to maintain it, but they did not perform a good job. Chairman DeLiso recommended assessing a fine of $1,500 plus administrative fees and zeroing out the other lien. 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 reduced to $1,000. Motion Based on testimony and evidence presented in Case No. 96-2622, 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. 96-2622, by virtue of this Board's Order of November 20, 1996, to an amount of $2806.33, including administrative costs. Motion seconded by Vice Chair Costantino and motion carried 6-1. Case #99-3039 Augustin Lejan 1520 NE 2nd Court Mr. Blasie reported that the property was originally cited on December 22, 1999 for violation of the Community Appearance Code for unregistered vehicles, trash and debris and failure to put sod in the yard. 6 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 28, 2004 The case first came before the Board on March 15, 2000 and no one appeared. A compliance date of April 17, 2000 was set or be fined $25 per day. The property complied on June 29, 2004 for 1,534 days of non-compliance and a fine of $38,350.00, plus administrative costs of $1,018.24. Mr. Blasie presented photographs. The photographs were first presented to the applicant to identify and then to the Board. Motion Based on testimony and evidence presented in Case No. 99-3039, 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 fines instituted in Case No. 99-3039, by virtue of this Board's Order of March 15, 2000, and that the lien imposed by that Order be released. Motion seconded by Ms. Simshauser and unanimously carried. Case #98-3280 Nathaniel Alexander 229 NE 11th Avenue Mr. Blasie reported that the applicant was absent therefore the case would be postponed. VI. Adjournment There being no further business, the meeting propedy adjourned at 4:00 p.m. Respectfully submitted, ola S. Bramwell Deputy City Clerk October 28, 2004