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Minutes 03-24-05Mt'NUTES OF THE CODE COMPL?ANCE BOARD LI~EN REDUCTt'ON MEETI'NG HELD IN COMMISSt'ON CHAMBERS, CI'TY HALL, BOYNTON BEACH, FLORI'DA, ON THURSDAY, MARCH 24, 2005 AT 3:00 P.M. Present Chris DeL/so, Chairman IVlichelle Costantino, Vice Chair Kathleen Carroll Kathy Cook Bob Foot Lisa Simshauser David Tolces, Assistant City Attorney Scott Bias/e, Code Administrator I. Call to Order Vice Chair Costantino called the meeting to order at 3:01 p.m. II. Approval of Minutes Mr. Foot moved to approve the minutes of Thursday, February 24, 2005. Ms. Cook seconded the motion that carried unanimously. III. Approval of Agenda Mr. Blasie informed the Board he had a request to dismiss the Case on page 5, but stated they can do that when they get to the Case. Motion Mr. Foot moved to accept the agenda. Ms. Simshauser seconded the motion that passed 4-0. IV. Swearing in of Witnesses and Introduction Assistant City Attorney Tolces administered the oath to all persons who would be testifying. (Chris DeL/so, Chairman, arrived at 3:05 p.m.) Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida V. New Business March 24, 2005 A. Lien Reductions Case # 04-852 Willie & Sylvester Bunkley 545 NW gth Ave. Mr. Blasie reported the case was originally cited on April 20, 2004 for violations for Appearance Code. It came before the Board ~lune 16, 2004 and no one appeared. The Board entered an Order to comply by .July 16, 2004 or be fined $25.00 per day. Compliance was accomplished March 1, 2005. Mr. Blasie stated he had photographs, one taken on August 17, 2004, another taken on .~uly 19, 2004 and one that was taken on the day of the meeting. Douglas Hauck, 8 Hudson Ave., stated he bought the property knowing there was a lien on it and fixed it up and sold the property subject to the existing lien. Before he purchased the property, it was an eyesore and under violation for sod and was also infested with vermin and trash. He also stated he had the roof repaired by a licensed contractor. He pointed out the violations were not caused by them but corrected by them. Mr. Blasie pointed out that Mr. Hauck had a complete renovation done on the property. Chair DeLiso inquired whether Mr. Hauck had pictures of work done, which he did not. Mr. Foot stated he had not heard anything about what was done to hide the property from the community to prevent it from cutting into the values of the adjoining properties. He had not heard any mitigating circumstances why the past owners of the property did not take care of the lien. He inquired what was done to help the neighborhood for what they lost during the year the property was recognized by the City to be in such bad condition. Mr. Hauck informed the Board the neighbors thanked them after the previous owners were gone because the property was in bad shape. There were some drug problems, and it was a bad situation. They completely renovated and sod the property. They legally took possession of the property around the end of December but did not actually get the title until mid .lanuary. The property was brought into compliance as soon as possible, which was March :~, 2005. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 Motion Based on the testimony and evidence presented in Case No. 04-852 and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fines in Case No. 04-852 by virtue of this Board's Order of .lune 16, 2004 to an amount of $1,634.12, including administrative costs. Iris. Cook seconded the motion that passed unanimously. Case # 04-1716 Plinio & Maria Cervantes 2089 SW Lake Circle Dr. Mr. Blasie reported this property had been cited on .luly 27, 2004 for violation of the Florida Building Code and the Boynton Beach Amendments to the Building Code. The owners did some window replacement and alterations without getting the permit. The case came before the Board on October 20, 2004 and no one appeared. The Board entered an Order to comply by November 19, 2004 or be fined $25.00 per day. Compliance was documented on February 24, 2005. Mr. Blasie pointed out that according to public records, the property owner was listed as residing at 2089 SW Lake Circle Drive, however Mr. Cervantes lives at another address and therefore there were some mail discrepancies. The tax roll indicated he lives at this address but after numerous conversations with IVlr. Cervantes, the City learned he did not live there. Plinio Cervantes, 2089 SW Lake Circle Drive, stated he lives at the property on and off because it is not finished. He is living with his son right now because he just sold his house last week. His house was not damaged by the hurricanes, the reason he is not living there is because he is remodeling. ]~t was a small house with two bedrooms and they are converting it to one bedroom. The contractor he hired to do the work did not have a license and when they got the violation, his wife immediately contacted the City, and was told to come to the office. She was given a list of what she needed to do in order to be in compliance and get the permits. First they needed a copy of the plans of the house, which took them six to seven months to get because it was after the hurricanes. Mr. Blasie informed the Board he instructed Staff to send a copy of the Board Order on December 29, 2004 to an address West of Boynton where Mr. Cervantes is homesteaded. He spoke with him on .lanuary 10, 2005 and he said he did find the posting, but it was after the fine had started accumulating. He attested that since _lanuary 10, 2005 until Mr. Cervantes got his permit, he was doing everything he could to try to get the permit. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 200S Motion Based on testimony and evidence presented in Case No. 04-1716 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 in Case No. 04-1716 by virtue of this Board's Order of October 20, 2004 to an amount of $634.12, including administrative costs. Ms. Costantino seconded the motion that passed unanimously. Case # 97-360 Seashore :[ndustries 3an's 3ewelers 513 N. Federal Hwy. Mr. Blasie asked the Board to table Case No.97-360 until the next Lien Reduction Meeting on April 28, 2005. Motion Vice Chair Costantino moved to table Case No. 97-360 until the next Lien Reduction Meeting scheduled on April 28, 2005. Ms. Simshauser seconded the motion that passed unanimously. Case # 02-265 Seashore :[ndustries :[nc. 513 N. Federal Hwy. Mr. Blasie stated he verified that the property owner did have the permit within the time prescribed by the Board in their initial order, and requested the Board dismiss the case. Motion Mr. Foot moved to dismiss Case No. 02-265. motion that unanimously carried. Vice Chair Costantino seconded the Case # 03-2149 Cleo Briggs 2867 SE 2nd St. Mr. Blasie reported this property had originally been cited on July 25, 2003 for violations of the Florida Building Code requiring an inspection on Permit No. 01- 3993. The case came before the Board on September 17, 2003 and Mr. Isaac ]ames appeared. The Board issued an Order for compliance by November 16, 2003 or a fine of $25.00 per day. Compliance was documented on June 14, 2004. He stated even though it was a permit case he did take a photograph of the property this morning, and he also had a picture taken on March 10, 2004, indicating fire damage to the structure. :[saac .]ames, 217 NW 7th Ct., assumed the podium. Chair Deliso inquired whether this was a case where he was awaiting insurance money, Mr. ]ames Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 200S stated he got the insurance money and when he hired the first contractor, he worked for a while. Then every time he called him, he stated he had to go to the City and have something straightened out. Mr. James pointed out this issue went on for quite some time and the insurance money ran out because he was paying him money. After he got the money he would call back and say he had to go back to City Hall because they were giving him a hard time. IVlr. James stated he eventually went to City Hall to find out why the contractor couldn't get a permit, and the City informed him that the contractor already had the permit, but he wasn't doing the work. Chair Deliso inquired what was the final outcome regarding the property, and if Mr. James was able to hire someone to finish the work. Chair Deliso also inquired what relation Mr. James was to Cleo Briggs. IVlr. James stated it took time because the insurance money had run out and he was trying to pay the mortgage. He informed the Board that Cleo Briggs is his brother who lives up North that may be here later in the year because his health is not good and he may be retiring. Mr. Foot inquired from the City what the rear of the property looked like, since one of the pictures appeared to be the rear of the property where the fire was, and the more recent picture was the front of the property. Mr. Blasie informed the Board the rear of the property was fine. He had to have the property owners clean up the property when he did his initial inspection. He stated there is a driveway to the carport on the side of the property and a pie shaped slither of grass area that needed to be cleaned up which the owners did. IVlr. Blasie reminded the Board this was a permit case and he usually does not provide pictures for permit cases. The northern unit of the duplex had been sub- divided into two rooms which was not permitted so the owners had to reopen it before he could come to the hearing today. The owners are also in the process of obtaining a permit to enclose the carport. IVls. Cook inquired who was living on the property at the present time. Mr. James stated it is being rented. He had been living on one side of the duplex but had moved out. Motion Based on testimony and evidence presented in Case No. 03-2149 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. Costantino moved that this Board reduce the fines in Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 Case No. 03-2149 by virtue of this Board's order of September 17, 2003 to an amount of $250.00, including administrative costs. Ms. Simshauser seconded the motion that passed 4-1, Mr. Foot dissenting. Case # 04-635 Margery & Clair E. 3ohnson 405 W. Ocean Ave. Mr. Blasie reported this property had originally been cited on March 19, 2004 for violations of Occupational License and Florida Building Code; a permit was required to enclose a carport and storage room. The case came before the Board on May 19, 2004 and no one appeared. The Board issued an Order for compliance by June 3, 2004 or a fine of $25.00 per day. Compliance was documented on March 9, 2005. He had before and after pictures of the front of the house, but it was a License and Permit case. The house and its surroundings have been well maintained. Clair .lohnson, 46 Marine Way, Delray Beach, stated when he bought the property it had two outstanding permits. One was for an addition, which was being done illegally by the previous owner at the back of the property. The other was for a window permit, which he thought, had already been completed. He stated when he was buying the property; he had gone to the City beforehand and inquired what he could do with the back. He spoke with the Building Department and they said they were going to allow him to make it a big patio in the back, which will take away from the eyesore. The City did inspections on the windows and the patio. He had a tenant who was living on the property for two months and wanted to leave. The tenant approached him two days later and paid him rent. A month later the tenant approached him again and said he was moving out because he was going to move in with his girlfriend. Mr..lohnson told him that this time since he signed a years lease he needs to get it rented first, because the last time he had it re-rented and he then changed his mind. He told the tenant to give him two to three weeks to get the property re-rented and then he would let him out of his lease. He originally said yes and then a week later he called Code Enforcement and told them there were illegal electrical outlets in the house and there was a panel which was open. Code Enforcement called Mr..Johnson and asked him to meet them over at the property. Mr. Cain from the Code Enforcement Department and a representative from the City Electrical Department did not find any problems with the electrical. They did determine the family room was really a screen porch by all City records. Mr. .lohnson met with many representatives from the City and they informed him that the person who owned the property before had illegally enclosed the screen porch by putting in an 8-foot by 8-foot section with a window in front. Mr. _]ohnson was told he needed to acquire architectural drawings and immediately hired an architect to do them, and he had to get the survey and apply for the permit. Mr..Johnson inquired why the violation was not found when the previous Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 owner did the windows in the storage room, and stated he thought it was a legal room. He did not receive any citations because they were posted on the property and were not sent to his address. The tenant was tearing them off and throwing them away. Mr. Blasie stated in going through his records the case was tabled and postponed a number of times during the hurricane. There were some notices addressed to Marine Way but said Boynton Beach, which Mr. Johnson did not receive. There was a letter dated August 20, 2004 saying the case would be brought to the Board under old business on September 30, 2004, which was sent to Marine Way, Delray Beach. There was a letter dated September 27, 2004 regarding the Code Compliance Board hearing of September 30, 2004, which states the case was scheduled to be heard on September 30, 2004 but due to recent hurricanes had been rescheduled to October 20, 2004. (Chair DeLiso left meeting at 3:56 p.m.) Motion Based on the testimony and evidence presented in Case No. 04-635 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 in Case No. 04-635 by virtue of this Board's Order of May 19, 2004 and that the lien imposed by that Order be released. Motion seconded by IVls. Simshauser and carried 4-0. Case # 03-738 3ames 3enkins 3r. 304 NW 6th Ave. Mr. Blasie reported this property had originally been cited on March 10, 2003 for violations of the Community Appearance Code. The front yard needed to be sod and trash and debris removed. The case came before the Board on June 18, 2003 and no one appeared. The Board issued an order for compliance by July 18, 2003 or a fine of $25.00 per day. Compliance was documented on August 15, 2004. He had one photograph taken on May 20, 2003, two others taken on May 21, 2003, two taken on October 15, 2003 and one photo taken on the day of the meeting. James 3enkins, 304 NW 6u~ Ave., stated his daughter informed him she did sign for the original papers, and told him later. He stated he raised 14 kids and he just did not have the money to fix the violations. He goes to work in Port St. Lucie at 5:30 in the morning and gets back home when it is dark. He lost his wife and had back surgery the same year and was out of work for some time. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 Mr. Blasie inquired if Mr. James Jenkins bought the property from Leon Jenkins or if he is related because he saw a copy of the deed. Mr. Jenkins stated Leon Jenkins is his brother, who helped him get the money. IVlr. Blasie stated other notices were sent to a Post Office Box which public records showed belonged to Mr. Jenkins. He stated there were two letters which came back unclaimed. One letter was for the Fine Certification hearing and the other for the initial Code Compliance Board hearing, which were going to the Post Office Box but not being picked up. (Chair Del/so returned at 4:05 p.m.) Mr. Foot inquired whether the property was posted and the respondent was living at the property so he should have been aware of the postings. IVlr. Jenkins stated he never saw the postings but got a sheet stating what needed to be done on the property. He did not have the money to comply. His brother helped him fix the problems. He stated he has a son working now who is helping him out. Some of his children are helping him take care of the yard and he is doing his best to try and keep it up, and his brother also said he was going to help. Mr. Blasie informed Mr. Jenkins that he is responsible for half of the alley behind his property. If anyone dumps trash there it is his responsibility and if he sees anyone dumping trash there, he needs to inform the City. (Ms. Carroll arrived at 4:09 p.m.) Motion Based on the testimony and evidence presented in Case No. 03-738 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 fine in Case No. 03-738 by virtue of this Board's Order of June 18, 2003 to an amount of $250.00, including administrative costs. Ms. Simshauser seconded the motion that carried 4-2, Mr. Foot and Ms. Cook dissenting. Case # 04-2S7 Doretha Hillsman 340 NE 11th Ave. M. Blasie reported this property had been cited on February 13, 2004 for not having an Occupational License for a rental property and some deteriorated carport structural supports. It came before the Board on May 19, 2004 and no one appeared. The Board entered an Order to comply by June 18, 2004 or a Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 fine of $25.00 per day. Compliance was documented on July 30, 2004. The property is currently vacant and he had photographs taken on June 18, 2004 and one photograph taken on the morning of the meeting. Doretha Hillsman, 4827 3ay St. NE Washington DC, stated the property at 340 NE 11th Ave. is not rental property, that she uses the property when she comes down for vacation. The property is currently empty. The compliance took place on April 6, 2004. Mr. Blasie inquired how the property came into compliance and questioned whether it was when people moved out. Ms. Hillsman stated she took care of the carport structural supports. Mr. Blasie reported he had a letter in the file, which Ms. Hillsman sent dated September 23, 2004 to the City Clerk's Office informing them the property was not a rental and the person staying there is not a renter. Mr. Foot stated Ms. Hillsman brought the property into compliance before the date of the Code Compliance Board Meeting on May 19, 2004. Mr. Blasie stated there was a letter in the file dated 3une 18, 2004, which read the carport timbers were repaired and in compliance, occupational license still exists. Motion Vice Chair Costantino moved to dismiss Case seconded the motion that passed unanimously. No. 04-257. Ms. Simshauser Case # 04-1500 Rosa Anderson/Stewart Davis 310 NE 11th Ave. Assistant City Attorney administered the oath to Mr. Davis since he came to the meeting after the/'n/t/a/swearing in. Mr. Blasie reported the property owner on record when the case was processed was Rosa Anderson, and had originally been cited on June 30, 2004 for violations of Community Appearance Code. The back of the property was severely overgrown to the extent that the City got referrals from Boynton Police Department concerning people loitering on the property. The case came before the Board on August 18, 2004 and no one appeared. The Board issued an Order for compliance by September 2, 2004 or a fine of $25.00 per day. Compliance was documented on .lanuary 27, 2005. He had photographs documenting that Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida March 24, 2005 the lot was completely cleared of all vegetation on January 27, 2005 by Mr. Davis and had been maintained. Mr. Deliso stated Mr. Davis does a good job; he clears the lots and builds houses. He is doing an outstanding service to the City because he is developing empty lots that have been overgrown. Stuart Davis, 3134 Quantum Lakes, informed the Board' he located the previous owners of the property and they were more than anxious to get rid of it due to the liens and he got them to quick deed it to him. Motion Based on the testimony and evidence presented in Case No. 04-1500 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 in Case No. 04-1500 by virtue of this Board's Order of May 19, 2004 and that the lien imposed by that Order be released. Motion seconded by Ms. Carroll and carried 5-1, Mr. Foot dissenting. VZ. Discussion Annual Board Dinner on April 11, 2005. Mr. Blasie stated he would like to take a poll of who is attending. Chair DeLiso stated he would not be attending. VII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 4:28 p.m. Respectfully submitted, Catherine Wharton (Recording Secretary) March 25, 2004 10