Loading...
Minutes 04-28-05MZNUTES OF THE CODE COMPLIIANCE BOARD LZEN REDUCTZON MEETTNG HELD TN COMMTSSTON CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORTDA, ON THURSDAY, APRTL 28, 2005 AT 3:00 P.M. Present Michele Costantino, Chair Kathy Cook, Vice Chair Kathleen Carroll Robert Foot Lisa Simshauser Absent Christopher DeLiso David Tolces, Assistant City Attorney Scott Blasie, Code Administrator T. Call to Order Chair Costantino called the meeting to order at 3:02 p.m. TX. Approval of Minutes of March 24, 2005 IVlr. Foot asked to consider corrections to the subject minutes as follows: Page 10, the second paragraph should read, "Stuart Davis, 3134 (~uantum 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 quitclaim deed it to him." Motion Mr. Foot moved to accept the subject minutes as amended. Ms. Carroll seconded the motion that passed 5-0. TTT. Approval of Agenda Mr. Blasie informed the Board he had no additions or deletions. Motion Ms. Carroll moved to approve the agenda. IVls. Simshauser seconded the motion that passed 5-0. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 IV. Swearing in of Witnesses and Introduction Assistant City Attorney Tolces administered the oath to all persons who would be testifying. Code Compliance Administrator Blasie read the Introduction of the meeting and called the roll to determine who was present. He informed the Board that upon inspection today it was discovered that Case No. 96-3575 and Case No. 01-702 did not meet the compliance requirements. Therefore those cases could not go before the Board. Mr. Foot asked about the Old Business item on the agenda regarding Case No. 05-190. Mr. Blasie said it was staff's intention at the last regular meeting to ask the Board to table the case for 60 days but it had been presented with a 30-day tabling. He asked the Board to reconsider that motion and grant an additional 30 days. Motion Vice Chair Cook moved that Case No. 05-190 be tabled until the Code Compliance Board Meeting to be held on June 15, 2005. Motion seconded by Ms. Carroll and carried unanimously. Mr. Foot asked that the Respondents be advised there were just five Board members present and there must be four members in agreement for action to be taken. He also asked if the procedure of the Chair for the Board calling Board members to be sure they would be present at the meeting could be discussed. Chair Costantino said they could discuss that matter at the end of the meeting. V. New Business A. Lien Reductions Case No. 04-2037 Daniel C. Clark 318 SW 7th Avenue Mr. Blasie reported the case was originally cited on August 19, 2004 for violation of the Community Appearance Code and also for violation of 10-2 of the Code of Ordinances. It came before the Board November 17, 2004 and no one appeared. The Board entered an Order to comply by December 17, 2004 or be fined $25.00 per day. Compliance was obtained on March 7, 2005 for a total of 79 days of non-compliance. Mr. Blasie stated he had photographs, one taken on the day of this meeting and two photographs taken on February 16, 2005. 2 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Caradette Valdez, 318 SW 7th Avenue, stated she was the wife of Daniel Clark. The first notice they received was in September 2004. Around the time they received the notice, her in-laws owned a rope company and they were selling rope. When the hurricanes came, the business, which was in Rivera Beach, was shut down and therefore she and her husband were out of work. Soon alter that, her husband suffered a mild heart attack and while he was recuperating from that, he caught pneumonia in December. They had been living off their savings, but when those were depleted, they started borrowing money from family so they could pay their bills. Their house went into foreclosure and they had to borrow money from her father in order to get the house out of foreclosure. Her husband started working in March but they are still very behind with payment of their bills and to pay the fine would be hard at this point. She was taking care of her husband and the baby during the time he was sick and she could not afford to put the baby in daycare because they could not afford it. Mr. Foot thought that due to the circumstances, he would be inclined to rescind the fine. Motion Based on the testimony and evidence presented in Case No. 04-2037, 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 rescind the fine instituted in Case No. 04-2037, by virtue of this Board's Order of November 17, 2004, and that the lien imposed by that Order be released. Motion seconded by Vice Chair Cook and carried unanimously. Case No. 97-360 Seashore Tndustries Inc./ 3an's 3ewelers 513 N. Federal Hwy. Mr. Blasie reported this property had originally been cited on .lanuary 23, 1997 for violations of the Community Appearance Code. The case came before the Board on March :[9, :[997 and no one appeared. The Board issued a compliance date for May :[0, :[997 or a fine of $25.00 per day. Compliance was documented on September :[6, :[997 for a total of 128 days of non-compliance. He had photographs to present to the Board, two of them taken on March 24, 2005 and two that were taken on .lune 17, :[997. Mr. Blasie said this case was scheduled to go before the Board at the last lien reduction meeting but they discovered the property owners did not have an Occupational License for the rental property. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Amy Fischer, 348 Swing Blvd, Greenacres, stated they had owned the property in 1997. The tenant living in the property at that time had a boat and some tires that were piled up in the front yard. They repeatedly asked him to keep the yard clean. A yard service was responsible for cutting the yard and trimming the bushes, but it was hard for them to get around the property to cut the grass. Since he had a lease, he was legally allowed to live there but they kept giving him verbal warnings. They gave him written warnings, and went through the eviction process, but after six months he decided to move out of the property but left all his debris behind. Mr. Foot asked where the property was located. Code Administrator Blasie informed him the property was directly behind Jan's Jewelers. It is not a very visible street and people often dump trash in the area. He stated that he spoke with the tenant who was living at the property and the tenant was belligerent. Vice Chair Cook asked if the City had any problems with the property since the tenant left, and Mr. Blasie said the City had no problems with the property. Motion Based on the testimony and evidence presented in Case No. 97-360, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Vice Chair Cook moved that this Board reduce the fines instituted in Case No. 97-360, by virtue of this Board's Order of March 19, 1997, to an amount of $954.12, which includes Administrative costs. Motion seconded by Ms. Simshauser and carried unanimously. Case No. 04-1546 Prime Property of PBCHS 126 NE 12th Ave. Mr. Blasie stated the property was originally cited on July 7, 2004 for violation of the City's Community Appearance Code, and Part 3 of Land Development Regulations, Chapter 2, Section 5.A.1. It was brought before the Board on August 18, 2004 and no one appeared. A compliance date was set for August 28, 2004 or $75.00 per day. Compliance was documented on March 30, 2005, for a total of 213 days of non-compliance. He had two photographs, one taken on the day of this meeting and another that was taken on August 30, 2004. Kevin Ballat, owner of Prime Property of PBCHS, stated when he received the violation notice, he was in the process of building on the property and was moving his construction material from one parcel to the other. He did not know Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 he could not put the material on the property but after he got the notice, he found out what was necessary to be done and did it, about two to three weeks after he got the violation. He did not know there was an open fine accruing against the property until his lawyer called and told him he had an active code violation. He went to Mr. Blasie's office and did all that was necessary to come into compliance. He informed the Board that his company is in the process of building affordable housing through the affordable housing program. Mr. Blasie had a photograph showing a trailer on the property with wood, taken on September 15, 2004. That photograph was his last documented photograph, so the property came into compliance sometime between September 15, 2004 and March 30, 2005. Mr. Foot asked why they proposed a fine of $75.00 at the hearing. Ms. Carroll reminded him it was hurricane season and they may have been concerned about the material being blown from the property. Mr. Blasie said the City was also getting repeated complaints from neighbors, and the Code Officer may have mentioned it was a citizen's complaint at the time. Mr. Foot was concerned it may be an ongoing situation. Moving material from one property to another without a permit was a violation. Mr. Blasie pointed out that Mr. Ballat had other sites and is building affordable homes in that area and the City has not had any problems with the Respondent since that time. Motion Based on the testimony and evidence presented in Case No. 04-:L546, 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, Vice Chair Cook moved that this Board reduce the fines instituted in Case No. 04-:L546, by virtue of this Board's Order of August 18, 2004, to an amount of $1,000.00, including Administrative costs. Motion seconded by Ms. Carroll and carried unanimously. Mr. Blasie noted Case No. 96-3575 and Case No. 01-702 were not in compliance. Case No. 96-3575 Maxime Demeus & Elizabeth 3oseph :L20 NW 5th Avenue Motion Mr. Foot moved that Case No. 96-3575 be tabled until the Code Compliance Board Lien Reduction Meeting to be held on May 26, 2005. Motion seconded by Ms. Carroll and carried unanimously. 5 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Case No. 01-702 Maxime Demeus & Elizabeth 3oseph 120 NW 5th Avenue Motion Mr. Foot moved that Case No. 01-702 be tabled until the Code Compliance Board Lien Reduction Meeting to be held on May 26, 2005. Motion seconded by Ms. Carroll and carried unanimously. Mr. Blasie informed the Board the Case No. 01-1806 and Case No. 04-2539, referred to the same property with two liens. Case No. 01-1806, the property owner at the time it was cited was Baker Thacker Estate. Case No. 04-2539, at the time of citation, the property owner was Shorewalker Homes LLC. Case No. 01-1806 Baker Thacker Est/ Shorewalker Homes LLC 123 NE 11th Ave. Mr. Blasie reported this property had been originally cited on .luly 25, 2001 for violations of the Community Appearance Code and an Occupational License was required to rent the property. The case came before the Board on October 17, 2001 and no one appeared. The Board entered an Order to comply by October 29, 2001 or be fined $25.00 per day. Compliance was documented on September 23, 2003 for a total of 693 days of non-compliance. He informed the Board the property was demolished on September 23, 2003, eliminating all the violations. Mr. Blasie had one photograph taken on the day of this meeting, showing a clean vacant lot, and a photograph taken on November 16, 2001. .lacqueline Doors, of Shorewalker Homes LLC, stated she had a small property development company, and does some affordable housing. She and her husband at the time met Gloria Daniel, who represented Thacker Estate a few years ago. Ms. Daniel wanted to sell them the property and was in need of the money immediately, so they did a quitclaim deed and paid her the money. Although they were not aware of the lien at the time, they had a letter drawn up stating if they were encumbrances on the property, Ms. Daniel would be responsible for them. Atter buying the property, they proceeded to have plans drawn and then found out that although Ms. Daniel was inheriting some of Thacker Estate, she did not represent it. Ms. Doors stated their attorney probated it to transfer it from the Thacker Estate to Ms. Daniel's name, and then got it quitclaimed to her at the end of August 2003. They then demolished the property in September 2003. During this time, she and her husband separated and were going through a divorce, and he had control of the property and the maintenance of the property. When her divorce was finalized, her attorney did a routine title check of the various properties that came into her possession. They 6 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28~ 2005 acknowledged the lien on the property and she contacted the Code Enforcement Department who told her what was necessary in order to come into compliance. She made an arrangement to have the site cleared immediately. Ms. Doors told the Board she found it difficult to force Ms. Daniels to settle the lien she had on the property. Her attorneys sent letters to Ms. Daniels but they were ignored. Ms. Doors stated she had plans done, and applied for a permit to build an affordable house on the property. Ms. Carroll inquired whether Shorewalker Homes LLC came into possession of the property before or after the demolition. Ms. Doors explained they came into possession of the property in April but found out Ms. Daniel did not have the title to sell them the property. They had to probate it in order to get the title in their name, which did not happen until August. As soon as that was settled and the property was legally theirs, they demolished the building. She reiterated her ex-husband was responsible for that property and after her divorce was finalized the property became part of her settlement. Her attorney did a routine lien check, and found the liens on the property. She arranged to have the site cleared immediately. Mr. Foot asked if the City was concerned about the period between September 2003, and when she cleaned up the property a few weeks ago. Ms. Carroll explained to Mr. Foot that he was referring to the second Case No. 04-2539, which was cited on November :[5, 2004. The first lien regarding Case No. 01- 1806 came into compliance on September 23, 2003 when the building was demolished. The same property (Case No. 04-2539) was cited on November :LS, 2004 but Ms. Door's ex-husband had control of the property at that time. When Ms. Doors gained control of the property two weeks ago, she learned of the lien and cleaned up the property. Ms. Carroll asked when Ms. Doors first became involved with the property. Mr. Blasie stated he had a copy of the quitclaim deed dated March 18, 2003. Assistant City Attorney Tolces pointed out that the Respondents got the quitclaim deed in 2003, but once they found out they were not really the owners because the property was not properly transferred to them, there were some impediments to their ability to do the work on the property until the probate was completed. Ms. Carroll asked why Shorewalker Homes was listed on Case No. 0:[-1806, and IVlr. Blasie stated it was done so the Board would be aware that dual parties were involved. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Vice Chair Cook pointed out when a property is transferred and there is an outstanding lien on the property it automatically transfers to the next owner. Ms. Carroll reiterated that after Shorewalker Homes went through probate and became legal owners of the property, the property had been cleaned up. IVlr. Foot wanted clarification on the type of neighborhood where the property is located. Mr. Blasie stated directly west and east of the property were residential areas. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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 instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $1,500.00, including Administrative Costs. Hearing no second for the motion, the motion died. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $0.00. Hearing no second for the motion, the motion died. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Ms. Simshauser moved that this Board reduce the fines instituted in Case No. 01-:L806, by virtue of this Board's Order of October 17, 2001, to an amount of $634.12, including Administrative Costs. Motion seconded by Vice Chair Cook and failed 3-2 (Mr. Foot and Ms. Carrol/dissenting). Ms. Simshauser understood IVlr. Foot's perspective, but felt that Ms. Doors did her part when she came into possession of the property. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28~ 2005 Mr. Foot felt they were limitations and liabilities, which go along with purchasing a property, and the Board was making a mistake in overlooking those responsibilities that a buyer of a property assumes when making a purchase. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $0.00. Hearing no second for the motion, the motion died. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Ms. Simshauser moved that this Board reduce the fines instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $634.12, including Administrative Costs. Hearing no second for the motion, the motion died. Chair Costantino passed the gavel to Vice Chair Cook and made a motion. Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Ns. Costantino moved that this Board reduce the fines instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $384.12, including Administrative Costs. Motion seconded by Ms. Carroll and failed 3-2 (Hr. Foot and Vice Chair Cook dissenting). Vice Chair Cook passed the gavel back to Chair Costantino. Motion Vice Chair Cook moved that Case No. 01-1806 be tabled until the Board heard the next Case No. 04-2539, which related to the second lien on the property. Notion seconded by Mr. Foot and carried unanimously. 9 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Case No. 04-2539 Shorewalker Homes LLC 123 NE 11th Ave. Mr. Blasie stated this violation was cited on November 15, 2004 for an overgrown lot, trash and debris. The case came before the Board on .lanuary 19, 2005 and no one appeared. A compliance date of .lanuary 29, 2005 or a fine of $100.00 per day was set. Compliance was documented on April 28, 2005 for a total of 88 days of non-compliance. Mr. Blasie had a photograph taken on February 1, 2005 and one that was taken on February 3, 2005. He also had two photographs taken on the date of this meeting. Mr. Blasie asked the address for Shorewalker Homes LLC. .lacqueline Doors, of Shorewalker Homes LLC, explained that when she was going through her divorce, the address was 777 E Atlantic Avenue, Delray Beach. Her ex-husband was deported, so he was not picking up his mail. She has now taken over Shorewalker Homes LLC and her address is 1613 Red Grave Road, Knoxville, Tennessee. Mr. Blasie stated he had letters that were sent to the address in Delray Beach that had been unclaimed. Vice Chair Cook felt there had been a time period between February and April that the property was in violation, and whether it was Ms. Doors or her ex- husband who managed the corporation that owned the property at the time, would be irrelevant. Motion Based on the testimony and evidence presented in Case No. 04-2539, 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, Vice Chair Cook moved that this Board reduce the fines instituted in Case No. 04-2539, by virtue of this Board's Order dated .lanuary 19, 2005, to an amount of $3,634.12, including Administrative Costs. Motion seconded by Ms. Carroll and carried unanimously. Case No. 01-1806 Baker Thacker Est/ Shorewalker Homes LLC 123 NE 11th Ave. Motion Mr. Foot moved that Case No. 01-1806 be removed from the table. seconded by Vice Chair Cook and carried unanimously. Motion ]0 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28, 2005 Motion Based on the testimony and evidence presented in Case No. 01-1806, 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, Vice Chair Cook moved that this Board reduce the fines instituted in Case No. 01-1806, by virtue of this Board's Order of October 17, 2001, to an amount of $634.12, including Administrative Costs. Motion seconded by Ms. Simshauser and carried 4-1 (l~ls. Carro//d/ssent/ng). Discussion Mr. Foot felt all members of the Board were responsible individuals and should be present at every meeting unless they notify the Code Compliance office they cannot attend. He understood the lien reduction meetings were during working hours, but attendance is critical in order to pass an action, because a vote of at least four members is necessary. He hoped the City would be responsible for making the calls to make sure at least four Board members would be present, so they could have the Board proceed without the risk of no quorum. He did not think the Chairperson of the Board should be responsible for making these calls. Chair Costantino referred to a training seminar she attended last year, and under state statute it is part of the Chairperson's responsibility to make sure the Board members were contacted, to be sure there would be a quorum. Her purpose for making phone calls was because she got the updated sheet of the Board members and their telephone numbers, and her number was incorrect. She did not think it would be fair to put the burden of making the calls on the Code Compliance office, especially now that they are short of staff. Vice Chair Cook expressed anytime Chair Costantino should need assistance, she would be willing to make the calls to the Board members. The Board members should also call the Chairperson if they know they would not be attending a meeting. Mr. Foot asked Counsel who held the responsibility of making those phone calls to the Board members, and Mr. Tolces said they were no restrictions as to who makes those phone calls. Mr. Blasie stated when members are appointed to the Board, the instructions are if you cannot attend meetings, to contact the City Clerk's office. He did not think this method was very effective because members did not let them know if they were attending, or they would say they were attending and not show up. Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida April 28~ 2005 Chair Costantino said her correct telephone number was 561-523-8909. She asked all Board members to call if they cannot attend a meeting. Ms. Springer informed Mr. Blasie that there would be a list of all the members including the new member, and their telephone numbers at the next meeting. VII. Adjournment There being no further business, the meeting was adjourned at 4:18 p.m. Respectfully submitted, Catherine Wharton (Recording Secretary) April 29, 2005 12