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Minutes 06-23-05 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION HEARING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 23, 2005 AT 3:00 P.M. Present Michele Costantino, Chair Kathy Cook, Vice Chair Kathleen Carroll Christopher DeLiso Robert Foot Lisa Simshauser David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Absent Patricia Maitner I. Call to Order Chair Costantino called the meeting to order at 3:00 p.m. Mr. Foot raised a point of order regarding the two minutes (plus/minus) difference between his watch time and the time on the clock in the Chambers. He stated that he set his watch to the National Atomic Clock and suggested that the City use that time for the clock in the Chambers. He felt that starting the meeting early could be unfair to a Respondent or any other Board member who might be counted as late when they were not. Chair Costantino responded that the clock on the wall in the chambers was the clock that the Board would use. II. Approval of Minutes, May 26, 2005 Lien Reduction Meeting Motion Ms. Simshauser moved to approve the May 26, 2005 minutes as written. Ms. Carroll seconded the motion that passed 5-1 (Mr. Foot dissenting.) Mr. Foot asked for permission to abstain from voting because he had not been present at the May 26, 2005 meeting. Assistant City Attorney Tolces advised that abstention would not be proper. Mr. Foot stated a preference for having the lien reduction meetings on Wednesday evenings rather than Wednesday afternoons. Meeting Minutes Code Compliance Lien Reduction Hearing Boynton Beach, Florida June 23, 2005 III. Approval of Agenda Not addressed. IV. Swearing in of Witnesses and Introduction The Board agreed to hear Agenda item V. (B) at this time. V. New Business B. Reconsideration of Ruling Case #04-2652 John .June Trach 2623 N. Lake Drive Code Administrator Blasie stated that the fine had been certified in this case at the regular Code Compliance Board meeting on June 15, 2005. However, the Respondents are applying for variances and asked Mr. Blasie to request the case be tabled for three months. The fine would continue to run, but there would be no lien. Mr. Blasie asked the Board to reconsider its ruling in this case. Mr. Blasie had written to the Attorney for the Trachs on May 26th stating that he would request the Board to reconsider and table the case, but he did not think of it during the June 15, 2005 meeting. Motion Ms. Carroll moved to reconsider the Board's Order from the June 15, 2005 Code Compliance Board hearing in reference to Case #04-2652. Mr. DeLiso seconded the motion that passed unanimously. Motion Mr. DeLiso moved to table Case #04-2652 until September 21, 2005. Ms. Carroll seconded the motion that passed unanimously. Assistant City Attorney Tolces swore in the witnesses. A. Lien Reduction Case #03-2072 Virgil L. . Sheila Darville 2010 N.W. 2nd Court Code Administrator Blasie reported that the notice of violation had been issued on July 11, 2003 for violations of the Community Appearance Code. There was a 2 Meeting Minutes Code Compliance Lien Reduction Hearing Boynton Beach, Florida June 23, 2005 large amount of trash and debris on the property and part of their swale was a "trash hole." The case came before the Code Compliance Board on September 17, 2003 and no one appeared. The Board set a compliance date of November 16, 2003 and proposed a fine of $25 per day. The property came into compliance on January 12, 2004. A fine accrued of $1,400 as well as administrative costs of $730.15. Mr. Blasie showed photographs of the property to the Respondent and then to the Board. The photographs were taken on December 16, 2003, November 20, 2004, and on the date of today's meeting. Virgil Darville, 2010 N.W. 2nd Court, Boynton Beach, stated that his family had been struggling with finances since they were trying to get their children into good schools. He had taken care of one part of the violation by sodding his yard. Code Officer Webb advised him during a visit to his property that everything was "okay." He realized now that he should have gotten some formal paperwork to back that up, but he did not do so. Mr. DeLiso commented that it would be preferable if the Code Officers would tell people that the case would be complied and the Respondent would get the paperwork in the mail (instead of saying, "Everything's O.K."). If the Respondent does not get the paperwork, he or she should call the City and find out why not. Mr. Blasie responded that they had been discussing this and that also there was a matter of interpretation of what is said. Mr. Blasie confirmed with Mr. Darville the property had been sold a few days prior to this meeting. Mr. Foot stated that he had heard some extenuating circumstances, but had not heard what Mr. Darville had done to relieve the suffering of his neighbors during the time that his property was in its former state. Mr. Darville advised of several community efforts in which he was engaged, including coaching the Bulldogs. Motion Based on the testimony and evidence presented in Case #03-2072, and having been advised that the Respondent has complied with all lien reductions 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 rescind the fine instituted in Case #03-2072 by virtue of this Board's Order of April 21, 2004 and the lien imposed and Order be released. Ms. Carroll seconded the motion. 3 Meeting Minutes Code Compliance Lien Reduction Hearing Boynton Beach, Florida June 23, 2005 A discussion ensued during which Mr. Foot wanted to at least recover administrative costs. Others felt that the mandate of this Board was to obtain compliance, not collect fines. The motion carried 5-1, Mr. Foot dissenting. Announcements Chair Costantino announced that the Board would be having a workshop at a date and place to be announced in the near future. This workshop will give the new Board members an opportunity to become more familiar with the Board's policies and procedures. VI. Adjournment The meeting was duly adjourned at 3:20 p.m. Respectfully submitted, S;/0árL r;ç~ j Susan Collins Recording Secretary 4