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Minutes 01-27-05MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JANUARY 27, 2005 AT 3:00 P.M. Present: Christopher DeLiso, Chairman Kathy Cook Robert Foot Lisa Simshauser Absent: Kathleen Carroll Michele Costantino, Vice Chair Patti Hammer David Tolces, Board Attorney Scott Blasie, Code Administrator I. Call to Order Chairman DeLiso called the meeting to order at 3:18 p.m. I1. Minutes - None II1. Agenda Mr. Blasie, Code Compliance Administrator, explained that there were two parties requesting lien reductions. The applicant for the first three cases is Don M. Pinatel and the second applicant, Lakendra S. Giddings, has two cases. Mr. Blasie noted that the applicants had multiple cases that encompassed the same types of code violations. IV. Swearing In of Witnesses and Introduction Attorney Tolces administered the oath to all person who would be testifying. V. New Business Mr. Blasie explained the lien reduction process to the applicants. The Board's decision is forwarded to the City Commission that then has seven days to review the Board's decision and to pull the case in the event they want to review the Board's decision. An applicant is also afforded the same appeal process. Attorney Tolces explained that in order for the Board to take any action today with regard to a lien reduction, it required four affirmative votes. The Board usually has seven members present to hear the cases, but there are only four present. In order for a decision to be made, it would require a unanimous vote of all four members. If any Meeting Minutes Code Compliance Board Lien Reduction Hearing January 27, 2005 Boynton Beach, Florida ~ applicant desired, they could have their case heard when more Board members were present. A. Lien Reductions Case #99-1900 Don M. Pinatel 634 SW 1st Avenue The property was originally cited on July 30, 1999 for violation of the Community Appearance Code. The case first came before the Board on October 20, 1999 and no one appeared. At that meeting a compliance date of November 9, 1999 was set or be fined $25 per day. The property complied on November 21, 2001. The fine amounted to $18,550, plus administrative costs of $634.12. The case was originally placed on the September agenda, but was postponed due to Hurricane Floyd. Mr. Blasie presented photographs of the property for all three cases. The violations primarily involved unlicensed vehicles, overgrown grass, weeds, etc. The photographs were taken on September 18, 2001, October 20, 1999, November 9, 1999, December 10, 1999, two taken on February 20, 2004, and one taken on March 15, 2004. Also presented were two digital photographs taken yesterday. The photos were first shown to Mr. Pinatel, who identified them as being his property, and then to the Board. Don Pinatel, 634 SW Ist Avenue, Boynton Beach, assumed the podium. Chairman DeLiso inquired if the three cases involved different dates and Mr. Blasie stated that they were separate cases approximately two years apart. Mr. Blasie asked Mr. Pinatel why it took him so long to bring the property into compliance and what his costs were to bring the property into compliance. Mr. Pinatel responded that his family helped him to bring the property into compliance. He had to wait until he had some equity in the property to improve it because he did not have the money previously. When he purchased the property, it needed work at that time. Mr. Blasie inquired if Mr. Pinatel was trying to refinance his property in order to make improvements, and Mr. Pinatel confirmed that this was correct. Mr. Blasie pointed out that the applicant purchased sod, which greatly improved the property. Mr. Foot inquired why it took the applicant so long to bring the property into compliance. Mr. Pinatel stated that he was having financial problems that precluded him from fixing up his property. Mr. Foot recommended a fine of 5% for each of the accrued fines, plus the administrative costs. Five percent of the fines, plus administrative costs would come to approximately $3,200. Ms. Cook pointed out that the applicant allowed his property to deteriorate and he was cited three separate times. She was hopeful that he learned from these experiences and that he would continue to take care of his property, which he would be able to do through refinancing. Ms. Cook recommended a total for all fines and administrative costs of $2,000. Ms. Simshauser also agreed with Ms. Cook. Chairman DeLiso pointed Meeting Minutes Code Compliance Board Lien Reduction Hearing January 27, 2005 Boynton Beach, Florida ~ out that the $3,200 recommended by Mr. Foot also included all administrative costs. Chairman DeLiso recommended a fine of $2,600 that would include administrative costs. Mr. Foot felt that a 5% fine was more than fair. Motion Based on the testimony and evidence presented in Case No. 99-1900, 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. 99-1900, by virtue of this Board's Order of October 20, 1999, to an amount of $727.00, plus administrative costs in the amount of $634.12 for a total fine of $1,361.12. Motion seconded by Ms. Cook and unanimously carried. Case #01-1953 Don M. Pinatel 634 SW Ist Avenue Applying the same formula to this case, Mr. Foot calculated that a 5% fine would be $55.00 plus administrative costs of $634.12, for a total fine of $689.12. Motion Based on the testimony and evidence presented in Case No. 01-1953, 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. 01-1953, by virtue of this Board's Order of September 19, 2001, to an amount of $55.00, plus administrative costs in the amount of $634.12 for a total fine of $689.12. Motion seconded by Ms. Cook and unanimously carried. Case #03-2515 Don M. Pinatel 634 SW Ist Avenue Mr. Blasie pointed out that Mr. Pinatel was at the November 19, 2003 hearing. Motion Based on the testimony and evidence presented in Case No. 03-2515, 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. 03-2515, by virtue of this Board's Order of November 19, 2003, to an amount of $216.00, plus administrative costs in the amount of $730.15 for a total fine of $946.15. Motion seconded by Ms. Cook and unanimously carried. Mr. Pinatel inquired what the total fines and costs were and was informed the total was $2,996.39. Meeting Minutes Code Compliance Board Lien Reduction Hearing January 27, 2005 Boynton Beach, Florida ~ Case #00-3414 Lakendra S. Giddings 2206 NE 4th Court Mr. Blasie presented the case and noted that the property was originally cited on December 7, 2000 for violation of the City's Community Appearance Code. The matter first came before the Board on February 21, 2001 and no one appeared. A compliance date of March 19, 2001 was set or be fined $25 per day. The property complied on January 13, 2005. The fines amounted to $34,875, plus administrative costs of $634.12. Both cases for this respondent are similar and involved vehicles, grass and trash, and debris. Mr. Blasie presented photographs taken yesterday and two photographs taken April 13, 2001 first to the applicant and then to the Board. Ms. Giddings assumed the podium and stated that she inherited the property from her mother and she did not learn that there were liens on the property until she tried to refinance. Her uncle, who was previously living at the property, did not inform her of the letters that the City had mailed. Mr. Blasie confirmed that Silas Clark, whom Ms. Giddings confirmed was her uncle, signed all the certified return receipts. Ms. Giddings and her daughter are the only ones now residing at the property. Mr. Foot inquired when Ms. Giddings acquired the property and she stated that she moved into the house in 1996 when her mother passed away. Her uncle moved in with her in 2000. Mr. Blasie asked Ms. Giddings how much money she spent on the grass and she responded that she spent $1,600. Mr. Blasie pointed out that she went above and beyond what she had to do to bring the grass into compliance. He also noted that she installed a new concrete driveway, and Ms. Giddings stated that the new driveway cost almost $4,000. Mr. Foot inquired why Ms. Giddings' uncle did not inform her of the violations and she stated that the cars were his cars and he did not want to remove them. Ms. Cook recommended administrative costs. Motion Based on the testimony and evidence presented in Case No. 00-3414, 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. 00-3414, by virtue of this Board's Order of February 21, 2001, to an amount of $634.12 including administrative costs. Motion seconded by Mr. Foot and unanimously carried. Case #02-2846 Lakendra S. Giddings 2206 NE 4th Court Ms. Cook recommended no fine in this second case since it was similar to the first one. Chairman DeLiso recommended a fine to cover the City's filing fees of $250. Mr. Foot 4 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 27, 2005 e arate inspect on costs for the two cases and Mr. Blasie stated inquired if there were s p . .,. =...., ~o~ t all administrative fees should that the inspection costs were separate. ~w~. ru~,, .... tha be covered. Motion. Based on the testimony and evidence presented in Case No. 02-2846, 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. 02-2846, by virtue of this Board's Order of February 19, 2003, to an amount of $730.15 including administrative costs. Motion seconded by Mr. Foot and unanimously carried. VII. Adjournment There being no further business, the meeting properly adjourned at 3:52 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (February 4, 2005)