Loading...
Minutes 04-27-06 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, APRIL 27,2006 P.M. AT 3:00 P.M. Present: Michele Costantino, Chair Chris DeLiso, Vice Chair Kathy Cook Robert Foot Richard Yerzy Lisa Simshauser Kathleen Carroll David Tolces, Board Attorney Scott Blasie, Code Administrator Code Officers: Rich Laverdure I. Call to Order Chair Costantino called the meeting to order at 3:00 P.M. II. Approval of Agenda Motion A motion was made by Ms. Carroll and seconded by Mr. Foot to approve the agenda. The motion unanimously carried. III. Approval of Minutes Motion A motion was made by Mr. Foot to approve the minutes. Ms. Cook seconded the motion that unanimously carried. IV. Swearing in of Witnesses and Introduction Assistant City Attorney put all individuals who would be testifying under oath. Code Officer Roy determined who would be testifying. V. New Business A. Lien Reduction Case #03-2654 Guerlande M. & Larousse Darcelin 121 SW 4th Ave. Mr. Roy presented the case and indicated the matter was heard by the Code Compliance Board on November 19, 2003. The Respondent was to remove or register the vehicle in the rear yard, and sod the area east side of driveway. Mr. Roy indicated the Respondents were not present at the hearing. A fine in the amount of $25 per day was set by the board for each day the violation continued past December 19, 2003. The property came into compliance on August 9, 2004 having 233 days of non-compliance. Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 27, 2006 Mr. Guerlande Darcelin, residing at 121 SW 4th Ave. was present. Also present was Ms. Larousse. Mr. Roy explained the date of compliance is determined by the reinspection. When a case is cited, there is a time frame given to comply. At the end of that time, another reinspection is generated and the property is noted to have either complied or not. If the violation has not been corrected, it comes back to the board that issues an order, allowing another period of time, and another inspection to takes place. After that, the Respondent has to call for reinspection. Mr. Darcelin learned of the lien when he went to the City's Code Department who advised there is a lien on the home. There have been no other violations noted on the property. He explained the vehicle was removed right away, but the financial burden was installing the sod. Ms. Darcelin explained she was not working and Mr. Darcelin was working by himself and that was why the case so long to be corrected. Motion A motion was made by Ms. Carroll that based on the testimony and evidence presented in Case #03-2654, 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 #03-2654, by virtue of this board's Order of November 19, 2003, to an amount of $826.18, including Administrative Costs. Mr. DeLiso seconded the motion that unanimously carried. Chair Costantino explained the Respondents, the fine was reduced and explained Diane Springer would assist them. Mr. Blasie also explained the Code Lien Reduction Board issued a recommendation which is reviewed by the City Commission. There is a seven day appeal process. Mr. Blasie recommended not paying the fine right away, rather he suggested waiting until the City Commission finalizes the action, unless the applicant wants to appeal the board's decision. Case #03-2971 Faisal M. Hassan 2111 NE 3rd Street Mr. Roy presented the case and indicated the case was heard by the Code Compliance Board on February 18, 2004. The Respondent was not present. A fine in the amount of $25 per day was set for each day the violation continued past March 19, 2004. There was 753 days of non- compliance. Mr. Seereematie Ramsackal, 113 NW 118 Drive, Coral Springs was present and explained he bought the property last year from Mr. Hassan. In April, he began making repairs of all the violations. He clarified he was aware there were violations but was not aware of the extent of the violations until he began correcting them. Examples of the work he performed were the kitchen was all illegal and was an addition. There was an extra room in the back that was converted to an efficiency and was removed. There was a wall separating the living room and the garage that was removed. He replaced the wall, and the roof. He elaborated he purchased the property approximately March or April of last year and put in $45,000, excluding his work on the property. He obtained all necessary permits. Attorney Tolces explained to the board the lien was recorded on May 14, 2004 and it is legal to sell property with a lien. The new owner would assume the responsibility of the lien. 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 27, 2006 The respondent clarified he knew there was a lien, but was not aware the lien was "that bad". Mr. Roy circulated photographs of the property. Motion A motion was made by Ms. Carroll that based on the testimony and evidence presented in Case #03-2971, 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 #03-2971, by virtue of this board's Order of February 18, 2004, to an amount of $826.18, including Administrative Costs. Mr. Yerzy seconded the motion, which unanimously carried. Mr. Foot explained this case does not appear to have the normal communication issues warranting a full reduction. Ms. Cook countered the new owner did not incur the original violation; rather liens should be directed toward those who allowed or created the violation. The respondent corrected the violation and the City will recoup their fees. Vote The Secretary called the roll and the motion passed 5-2 with Ms. Simshauser and Mr. Foot dissenting. Case # 00-1889 Juvenal & Myrna Suarez 197 SE 27th Ct. Mr. Roy presented the case and indicated the Code Compliance Board heard the case on October 18, 2000. The Respondent was present. A fine in the amount of $25 per day was set for each day the violation continued past April 16, 2001. There was 647 days of non- compliance. Attorney Tolces put the Respondent under oath. Mr. Suarez explained the delay was time and money. He advised the board money was an issue and he was slow on the job. He explained he repaired the violation a little bit at a time. When he approached the City, he decided he would tear it down. He worked with the Building department, cleaned the house and did what was told to do, which included obtaining permits. Mr. Roy distributed a photograph. The sundeck was removed Motion A motion was made by Ms. Carroll that based on the testimony and evidence presented in Case #00-1889, 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 #00-1889, by virtue of this board's Order April 16, 2001, to an amount of $634.12, including Administrative Costs. Ms. Simshauser seconded the motion. The Secretary called the roll. The motion passed by vote of 4 to 3, with Ms. Cook, Mr. Foot and Mr. Yerzy dissenting. VII. Discussion A. Red Tag cases 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 27, 2006 Attorney Tolces explained in reference to the Red Tag cases, it might be beneficial to have a building inspector present to testify to those matters. The Code Officers can testify to the fact that a Red Tag was issued, notice was given and, possibly, the current condition of the property. He explained as far as the specific details, the Code Officers may not be able to give information why the Red Tag was issued. This matter is being discussed for the board to determine whether it might be helpful to have personnel from the Building Department present. Mr. Roy explained some of the cases involve inside repairs and that is when they could use the expertise of the Building Department. Mr. Blasie explained he will be meeting with Bill Bucklew, the new Building Official. It is important to have the proper and accurate testimony. Code Compliance has been working on getting the Red Tag cases more specific and itemized, and having code officers more aggressive and obtaining more concrete evidence. He explained there will be times when a building inspector will need to be present and suggested waiting until he meets with the Building Official. With the proper evidence, in most instances, Code Enforcement can handle the matter, but it was important to ensure there is enough evidence to properly make a determination. It was thought not all red tag cases would need to have an inspector present, just the cases that have blatant issues that are not clear to the Code Enforcement division. B. Agenda Item Mr. Blasie met with City Manager, Bressner and explained the City Commission had questions on the conduct of the board. Mr. Blasie was not certain of the specifics and suggested it may be part of a policy matter. He announced it would be discussed at the Agenda Preview meeting. Since the Commission's concerns were unknown, the board was puzzled regarding the nature of the issue. Having a workshop was suggested. Mr. Blasie explained he had no further information and Attorney Tolces reminded the board, the issue is all speculation at this time. Mr. DeLiso requested the board reconsider the issue of changing the time of the Code Enforcement Meetings and breaking up the agenda into the two meetings. There was discussion about the concept and whether it would be citizen friendly. When the individuals volunteered for this board, the perimeters were already set. Motion A motion was made by Kathleen Carroll to put on the aQenda for a future meetinQ a discussion of breaking up the agenda of the Code Compliance Board meetings and addressing some of them at the Code Compliance Lien Reductions. There was consensus this would be acceptable. Staff asked for input at the meeting and foresaw logistics issues. Membership on the board was discussed and the impact the length of the meeting had on the members. Mr. DeLiso seconded the motion. The board discussed the statute allows for a special master to intervene if necess3ry as an alternative and acknowledge there were many aspects to review. 4 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 27, 2006 Vote A vote was taken and unanimously carried. Adiournment There being no further business, the meeting adjourned at 3:48 P.M. Respectfully submitted, CC h4 n ti. - 4M fL/VV)% Catherine C rry-Guberman 042806 5