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Minutes 05-26-05 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY MAY 26, 2005 AT 3:00 P.M. Present Kathy Cook, Vice Chair Christopher DeLiso Kathleen Carroll Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Absent Michele Costantino, Chair Robert Foot Patricia Maitner I. Call to Order Vice Chair Cook called the meeting to order at 3:05 p.m. II. Approval of Minutes None III. Approval of Agenda Code Compliance Administrator Blasie informed the Board he had no additions or deletions. Motion Mr. DeLiso moved to accept the agenda. Motion seconded by Ms. Carroll and carried 4-0. IV. Swearing in of Witnesses and Introduction Assistant City Attorney administered the oath to all persons who would testify. He explained that in the lien reduction proceedings, in order for the Board to approve a reduction in the lien amount, affirmative votes of 4 members of the Board are required. He pointed out only 4 members of the Board were present, and if one member should vote no on the matter, the lien reduction would not pass. He informed the Respondents they had the option to wait until the next Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida May 26, 2005 Lien Reduction Hearing, when they would anticipate having more than 4 Board members present. V. New Business A. Lien Reductions Code Compliance Administrator Blasie explained the lien reduction procedures to the Respondents. Mr. Blasie stated the first two cases related to the same address, and the same property owner. He stated the first case was for a Community Appearance Code violation and the other was a permit issue. Case No. 96-3575 Maxime Demeus &. Elizabeth Joseph 120 NW 5th Ave. Mr. Blasie reported the case was originally cited on July 15, 1996 for violation of the Community Appearance Code. The case came before the Board on September 18, 1996 and Ms. Joseph appeared. The Board entered an Order to comply by November 18, 1996 or be fined $20.00 per day. Compliance was obtained on April 30, 1997 for a total of 162 days of non-compliance. Mr. Blasie stated he had two photographs, taken on the day of this meeting, and another photograph taken on September 17, 1996. Elizabeth Joseph-Demeus, 120 NW 5th Ave, stated she applied to the Community Development Program to get the grass, and they suggested she ask for an extension period to comply. Ms. Joseph-Demeus noted the reason the fine was on going was because when the grass was delivered, she did not know she was required to report back to Code Compliance Office. Vice Chair Cook asked if there were any violations for the grass since that time. Mr. Blasie stated there were no more violations, however, in order to come before the Board, Ms. Joseph-Demeus was required to put grass down on an area where cars parked. Mr. Blasie stated Ms. Joseph-Demeus admitted cars parked on that area, and he informed her, she would be required to make it a driveway or put down grass. Vice Chair Cook asked if she had to go through the Community Development Board again, in order to put the grass down. 2 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida May 26, 2005 Ms. ]oseph-Demeus stated she did it on her own. 5he explained she only had a single driveway, and considered having it expanded, but could not afford it at this time. In order to come into compliance, she had the grass put down. Vice Chair Cook asked the Respondent why the Board should reduce the lien. Ms. ]oseph-Demeus informed the Board she became aware of the liens because she was going through a divorce, and the house went into foreclosure. Motion Based on the testimony and evidence presented in Case No. 96-3575, 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, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 96-3575, by virtue of this Board's Order of September 18, 1996, to the amount of $730.15, which are the Administrative Costs. Motion seconded by Ms. Simshauser and carried 4-0. Case No. 01-702 Maxime Demeus &. Elizabeth Joseph 120 NW 5th Ave. Code compliance Administrator reported this property had originally been cited on March 28, 2001, for violation of the Building Code. An addition was erected on the back of the house, without permits or inspections. The case came before the Board on June 20, 2001 and no one appeared. The Board issued a compliance date of July 16, 2001 or a fine of $25.00 per day. Compliance was documented on April 4, 2005 for a totai of 1356 days of non-compliance. Mr. Blasie noted the property came into compliance by removal of the addition. He had photographs of the structure and noted you only see a part of it because there was a six-foot wood fence in front of it. The photographs were taken on June 19, 2001. Elizabeth Joseph-Demeus, 120 NW 5th Ave, stated her husband did fencing, and the addition was not a room, but storage for fencing materials. She told him to inquire about a permit, which he did not. When they received the Code Enforcement letter, he was negligent in taking it down. She noted it was taken down the night before the compliance date, but she did not know she was to inform Code Enforcement that she had complied. Vice Chair Cook noted from looking at the photographs, it did not look like a room, and Mr. Blasie agreed from the pictures it did not look like a room. However, it was attached to the house. 3 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida May 26, 2005 Ms. Joseph-Demeus informed the Board it was made of the same type of supplies used to put up a wooden fence. Mr. Blasie stated if the addition was not attached to the house, they would have probably called it a shed. Motion Based on the testimony and evidence presented in Case No. 01-702, and having been advised that the Respondents, have complied with all lien reduction procedures set forth in Section 2-84 through Section 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Carroll moved that this Board reduce the fines instituted in Case No. 01-702, by virtue of this Board's Order of June 20, 2001, to an amount of $730.15 which are the Administrative Costs. Motion seconded by Mr. DeLiso and carried 4-0. Case No. 98-1383 Roger F. Quisenberry 2350 NW 1st St. Code Compliance Administrator reported this property had originally been cited on April 20, 1998, for violations of the Community Appearance Board, and also removing any inoperable vehicles. The case came before the Board on August 19, 1998 and no one appeared. A compliance date was set for September 14, 1998 or a fine of $25.00 per day. Compliance was documented on May 17, 2005, for a total of 2436 days of non-compliance. Mr. Blasie distributed some photographs to the Board. Two photographs were taken on July 15, 1998; two taken on August 19, 1998; two taken on September 29, 1998; two taken on October 16, 1998; two taken on October 20, 1998; two taken on March 29, 2005; and two photographs taken on the date of this meeting. Mr. DeLiso asked if the property was a rental property and Mr. Blasie said yes. Roger F. Quisenberry, 5421 S Flagler Drive, stated he was the owner of the property, and submitted some photographs, which were taken on May 25, 2005. Mr. Quisenberry informed the Board he had tenants who rented the property for about four years, and would mail him the check every month. After the couple had been there for four years, they had completely demolished the inside, and he spent over $20,000 renovating the pool, the kitchen cabinets, the counter top and the carpet. He also had to re-sod the outside, and put in an updated sprinkler system. He had another set of tenants with three grown children and three dogs and they did not take care of the property either. They destroyed the lawn, which was brand new when they moved in. He noted the tenants wanted to renew their lease, but he told them he would not because they caused him 4 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida May 26, 2005 four or five citations. He said the tenants had difficulty finding another place, because the realtors would call him for a reference, and he gave them an honest answer. The tenants called him two weeks before the 12-month lease was up, and asked if they could stay another month because they could not find another place. He told them no, and gave them 10 days to move out. He filed an eviction notice to get them out of the property. After the tenants moved out, he re-did the sprinkler system, and cleaned up the property because they had left trash and debris on the lawn. He also put a new roof on the property in November. Mr. Quisenberry stated he was unaware of the violations, because the notices must have been posted on the property and the tenants did not forward them to him. He explained he became aware of the liens because he was in the process of selling an empty lot and when he did a title search, the liens showed up. He informed the Board he had a number of rental properties, and has had tenants for 25 years who never caused him any problems. He commended Mr. Blasie and Ms. Springer for their great work. Vice Chair Cook was concerned about the 7-year period between the date the violation originated and when it came into compliance. Mr. Quisenberry stated he was just not aware of it. He reiterated the notice must have been posted on the property, and the tenant did not pass it on to him. Vice Chair Cook was concerned that Mr. Quisenberry did not go by the properties to be sure everything was in order. Motion Based on the testimony and evidence presented in Case No. 98-1383, 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. DeLiso moved that this Board reduce the fines instituted in Case No. 98-1383, by virtue of this Board's Order of August 19, 1998, to an amount of $5,000.00, which includes Administrative Costs. Motion seconded by Ms. Simshauser and carried 4-0. 5 Meeting Minutes Code Compliance Lien Reduction Meeting Boynton Beach, Florida May 26, 2005 VI. Adjournment There being no further business before the Board, the meeting properly adjourned at 3:33 p.m. Respectfully submitted, r{)([0lr/..~ " Catherine Wharton Recording Secretary (May 27, 2005) 6