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Minutes 12-23-04MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS CTTY OF BOYNTON BEACH, ON THURSDAY, DECEMBER 23, 2004 AT 3:00 P.M. Present Christopher DeLiso, Chair lVlichele Costantino, Vice Chair(art~vealS:01_ p,m,) Kathy Cook Robert Foot Patti Hammer Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Absent Kathleen Carroll I. Call to Order Chair DeLiso called the meeting to order at 3:00 p.m. Approval of Minutes of December 15, 2004 Motion IVlr. Foot moved to table the approval of the minutes of the Code Compliance Board meeting held on December ~[5, 2004. Ms. Cook seconded the motion that passed unanimously. III. Approval of Agenda Motion Ms. Hammer moved to accept the agenda as submitted. seconded the motion that passed unanimously. Ms. Simshauser IV. Swearing in of Witnesses and Introduction Attorney Tolces administered the oath as required to all persons who would be testifying at the meeting. Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 Mr. DeLiso asked the amount of money Mr. May invested into the property. Mr. May divulged that he had invested approximately $200,000.00 and clarified that $80,000.00 of that amount was for the purchase of the property. He shared that a property located on the same street recently sold for $249,000.00. Motion Based on the testimony and evidence presented in Case No. 01-746, and having been advised that the Respondent has complied with ail 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. 01-746, by virtue of this Board's Order of ]uly 18, 2001, to an amount of $826.18, including administrative costs. Vice Chair Costantino seconded the motion that passed 5-1, Mr. Foot dissentinq. ' .... ~ ..... "' Case No. 02-2896 Edward S. Pickett/Robert May 942 NW 8th Avenue Code Compliance Administrator Blasie stated that this case was originally cited November 13, 2002. This case came before the Board February 19, 2003 and no one appeared. A compliance date was set for March 21, 2003 or be fined $25.00 per day. The City's records indicated that the property came into compliance on September 29, 2004. Motion Based on the testimony and evidence presented in Case No. 02-2896, 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. 02-2896, by virtue of this Board's Order of February 19, 2003, to an amount of $250.00, including administrative costs. Ms. Simshauser seconded the motion that passed by a vote of 4-2 (Cha/r DeLiso and Als. /Yammer dissent/ng). Case No. 02-3160 3ames G. Ambroise 261 NW28m Avenue Attorney Tolces administered the oath to the property owner. Code Compliance Administrator Blasie stated that this case was originally cited December 1:~, 2002. This case came before the Board April 16, 2003 and no one appeared. A compliance date was set for May 16, 2003 or be fined $25.00 per 3 Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 V, New Business A. Lien Reductions Case No. 01-746 Edward S. Pickett/Robert May 942 NW 8th Avenue Code Administrator Blasie stated that there were two cases being appealed for the same property - Case No. 01-746 and Case No. 02-2896. Both cases are for community appearance code violations. The case was originally cited on April 2, 2001. This case came before the Board July 18, 2001 and no one appeared. A compliance date was set for August 13, 2001 or be fined $25.00 per day. The City's records indicated that the property came into compliance on September 29, 2004. Mr. Blasie presented photographs first to the applicant for identification and then to the Board. Robert K. May, owner of 942 NW 8th Avenue, stated that he purchased the property approximately May 2003. He immediately proceeded to clean up the property and distributed photographs to the Board showing the properb/ both before and after the clean up. He originally knew of the areas that needed to be addressed immediately and took action to fix those items. He presented information proving his compliance to all the items for which the property had been cited and that he initiated compliance within 4 days of purchasing the property. He stated that he improved the property because he would be living in it and invested all of his life savings into the improvements. The improvements included installation of new windows, a garage addition, new driveway, new lawn, and a new sprinkler system. He added onto the back of the property but the angle of the photographs Mr. Blasie distributed did not reflect this. Mr. May stated that there were approximately 10 dumpster loads of debris removed from the property and distributed photographs to the Board proving such. IVlr. Blasie asked if Mr. May was living on the property and was informed that he does. Hr. Nay stated that it took some time to finish the improvements because he had to hire an architect and work through the City's processes. He received the Certificate of Occupancy the week of December 13th, He is currently building a pool, for which he has a permit, and the excavation would begin the week of December 27th. Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 day. The City's records indicated that the property came into compliance on August 1, 2003. Mr. Blasie presented photographs first to the applicant for identification and then to the Board. Mr. Blasie clarified that this property is a duplex. .]ames G. Ambroise, 261 NW 28th Avenue, stated he purchased the property 3 years ago as a foreclosure. He stated that he was not initially living on the premises when the property was first purchased. The tenant did not forward the notices from the City to him and he was unaware that the yard was not in compliance. When he did receive the notices, he brought the property into compliance immediately. The 76 days of non-compliance was because of the delay in receiving the notices. Mr. Ambroise was informed of the lien when a Code Compliance Officer informed him of such while he was working at another property. Mr. Blasie stated that the City's records indicated that the address of record for Mr. Ambroise was in West Palm Beach. Mr. Ambroise stated that when he gained the occupational license for this property, he provided his current address and was under the impression that this information would then be available to the Code Compliance Department and all correspondence would be sent to that address. He later found out later that the City's licensing records are maintained only at that office and not with every department within the City. He clarified that he is now living in one side of the duplex. Motion Based on the testimony and evidence presented in Case No. 02-3160, 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 No. 02-3160, by virtue of this Board's Order of April 16, 2003, to an amount of $730.15, including administrative costs. Mr. Foot seconded the motion that passed unanimously. Case No. 03-3333 West Ocean Blvd. Trust 566 W. Ocean Avenue Code Compliance Administrator Blasie stated that before the current property owner had possession of this property it had been an old feed store, which was located by the railroad tracks and the American Legion Post. The City demolished the feed store because the building was on the verge of collapse. 4 Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 Mr. Blasie stated that this Case was originally cited on December 30, 2003. This case came before the Board February 18, 2004 and no one appeared. A compliance date was set for March 4, 2004 or be fined $25.00 per day. The City's records indicated that the property came into compliance on .]une 3, 2004. Mr. Blasie distributed photographs first to the applicant for identification and then to the Board. .lohn Amerson, beneficiary of West Ocean Boulevard Trust, stated that the Trust purchased the property in November 2003 and knew that there had been a previous Code case against this property and, as a result, a building had been torn down. When the property was purchased, the title company who completed the lien search did not record a new address for the Trust upon completion of the transaction. As a result, Mr. Amerson did not receive the City's notice. He returned to the property in April 2004 to meet with a contractor to clear the property at which time the property was not posted. When he returned in May 2004 to clear the property, he found the City's notice posted on an electrical pole. At that point, he realized that he was in violation, the case had already been heard, and a fine had already been assessed. He then came to the Code Compliance office and spoke with Diane Springer in the Code Compliance Department. Mr Amerson mentioned that upon clearing the property, a number of things were found buried on the site that then held up the clearing process. These items included building foundations and risers, a tank from the rear end of a concrete truck, etc. The Trust spent approximately $25,000.00 in clearing the land and another $8,000.00 to remove the cleared debris. He informed the Board that the Trust plans to build 3 or 4 homes on this site. Motion Based on the testimony and evidence presented in Case No. 03-3333, 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. 03-3333, by virtue of this Board's Order of February 18, 2004, to an amount of $826.18, including administrative costs. Ms. Costantino seconded the motion that unanimously. Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 Case No. 02-2009 Bradley Stocker 312 SW 9th Avenue Code Administrator Blasie stated that there were two cases being appealed for the same property - Case No. 02-2009 and Case No. 03-1137. Both cases are for similar code violations. IVlr. Blasie stated that this case was originally cited on August 6, 2002. This case came before the Board on September 18, 2002 and Mr. Stocker appeared. A compliance date was set for December 18, 2002 or be fined $25.00 per day. The City's records indicated that the property was brought into compliance on April 22, 2004. Mr. Blasie distributed photographs first to the applicant to identify then to the Board. Mike Snetzler, current owner of 312 SW 9th Avenue, purchased the property approximately 90 days prior. He was aware there were other liens and judgments against this property at the time the property was purchased; however, the property owner did not inform him that the mortgage was in arrears. Mr. Snetzler was also informed alter purchasing the property that there was an $11,000 child support lien against the property that did not surface in the original lien search. He has invested $12,000 into the property, above and beyond the purchase price, to bring the property into compliance. Mr. Snetzler does not currently reside at this property and plans to sell it once the remainder of the planned improvements are made. Gary Kirk, a friend of Mr. Snetzler, assisted him with bringing the property into compliance. Motion Based on the testimony and evidence presented in Case No. 02-2009, 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. 02-2009, by virtue of this Board's Order of September 18, 2002, to an amount of $634.12, including administrative costs. Ms. Hammer seconded the motion that passed unanimously. Case No. 03-1137 Bradley Stocker 312 SW 9th Avenue Code Compliance Administrator Blasie stated that this case was originally cited on April 10, 2003. This case came before the Board on .lune 18, 2003 and Mr. Minutes Code Compliance Board Lien Reduction Meeting Boynton Beach, Florida December 23, 2004 Stocker appeared. A compliance date was set for August 17, 2003 or be fined $25.00 per day. The City's records indicated that the property was brought into compliance on April 22, 2004. Motion Based on the testimony and evidence presented in Case No. 03-1137, 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-:~137, by virtue of this Board's Order of ~lune 18, 2003, to an amount of $250.00, including administrative costs. Ms. Hammer seconded the motion that passed with a vote of 5-1 (Vice Chair Costantino dissenting). VIII. Adjournment Since there was no further business before the Board, the meeting was adjourned at 3:48 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (122304) 7