Minutes 07-28-05
MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA, ON THURSDAY, JULY 28,2004 AT 3:00 P.M.
Present
Michele Costantino, Chairperson
Chris DeLiso
Bob Foot
Lisa Simshauser
Richard Yerzy
David Tolces, Assistant City Attorney
Scott Blasie, Code Administrator
Absent
Kathy Cook, Vice Chair
Kathleen Carroll
Patricia Maitner
I. Call to Order
Chairperson Costantino called the meeting to order at 3:00 p.m.
Mr. Foot requested it be noted the meeting was starting three minutes early in
accordance with his watch that he checked two hours ago.
II. Approval of Minutes - June 23, 2005
Motion
Mr. Foot moved to approve the minutes. Motion seconded by Ms. Simshauser and
unanimously carried.
III. Approval of Agenda
Motion
Ms. Simshauser moved to approve the agenda. Motion seconded by Mr. Yerzy and
unanimously carried.
IV. Swearing in of Witnesses and Introduction
Assistant City Attorney Tolces administered the oath to Mr. Omari Murray.
Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
July 28, 2005
v. New Business
A. Lien Reductions
Case #03-2796
Case #04-1253
Cecil Edwards
Cecil Edwards
408 SW 10th Avenue
408 SW 10th Avenue
Mr. Blasie pointed out the property had two separate liens and the cases would be
heard individually. If the liens were reduced, the lien reductions would not be final until
the minutes are completed and forwarded to the City Commission for review. After this
takes place, there is a seven (7) day appeal period where the applicant or a City
Commissioner could appeal the Board's findings.
Attorney Tolces explained that any order this Board renders today to reduce the liens
would require that four out of the five members vote "yes." The applicant has the right to
postpone the hearing until the full Board was present, at which meeting a vote of four
out of seven would be required.
Omari Murray, 201 SW 11th Avenue, Boynton Beach, assumed the podium.
Mr. Blasie reported that when the property was originally cited, the property owner was
Cecil Edwards. The property was foreclosed upon and Mr. Murray is the new owner of
the property.
The property was originally cited on October 8, 2003 for violation of the Florida Building
Code for not having passed a final inspection. The case first came before the Board on
December 17, 2003 and no one appeared. The property complied on July 1, 2005,
resulting in a fine of $13,775, plus administrative costs. Mr. Murray purchased the
property through foreclosure and the property is vacant.
Mr. Blasie explained that the previous owner erected a porch enclosure along the entire
back of the house without a permit. Before the applicant could come before this Board,
the unpermitted structure had to be removed and the property is now in compliance. To
bring the property into compliance, Mr. Murray tore the entire enclosure down.
Mr. Murray had nothing further to add to Mr. Blasie's presentation.
Mr. Foot inquired when the applicant took possession of the property. Mr. Blasie noted it
was in March 2005. Mr. Blasie presented a copy of the final summary judgment that
was ordered on February 1,2005 to Attorney Tolces.
Attorney Tolces inquired if the notices of violations were sent to Cecil Edwards, and Mr.
Blasie responded they were. Attorney Tolces asked if the City was included in the
foreclosure proceedings, and Mr. Blasie confirmed the City was involved. Mr. Blasie
presented a copy of the notice that the City received regarding the foreclosure to
Attorney Tolces.
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Meeting Minutes
Code Compliance Board
Boynton Beach, Florida
July 28, 2005
Attorney Tolces reported when the City is included in a foreclosure proceeding because
of pending liens, the lien that was filed in 2003 would have been on record when the
foreclosure proceedings started. Attorney Tolces believed the 2003 case would have
been foreclosed out as a result of the final judgment entered in the case.
Attorney Tolces was not certain if the 2004 lien was on record at the time the
foreclosure was entered. Mr. Blasie reported the 2004 lien was recorded on November
15, 2004. Attorney Tolces responded, based upon the fact the summary final judgment
of foreclosure was February 1,2005, he assumed the foreclosure case was filed prior to
the recording of the lien in 2004. In this event, Attorney Tolces felt both liens would have
been foreclosed out due to the foreclosure.
Motion
Mr. DeLiso moved to dismiss Case #03-2796 and Case #04-1253. Motion seconded by
Mr. Foot.
Mr. Foot inquired if the Board was prevented from taking any further action, and
Attorney Tolces confirmed this was correct.
Vote
The motion to dismiss was unanimously approved.
Mr. Foot inquired what the City could have done to assert its interest in the property.
Attorney Tolces responded when the City became aware the property was sold, the City
should have commenced a new case against the new owner for the violations that
existed on the property. Since the property has now come into compliance, it was not
necessary to do this. Attorney Tolces explained once a title is issued for property that
has been foreclosed on, the City's liens are no longer valid.
Chairperson Costantino inquired if Mr. Murray's fee for the lien reduction hearing would
be refunded, and Mr. Blasie responded Mr. Murray's check would be returned to him.
VI. Adjournment
There being no further business, the meeting properly adjourned at 3:13 p.m.
Respectfully submitted,
-lia~- A, ~l tt-,t~
Barbara M. Madden
Recording Secretary
(July 28, 2005)
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