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Minutes 08-24-06 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 24, 2006, AT 3:00 P.M. Present Richard Yerzy, Vice Chair Lisa Simshauser Kathleen Carroll Kathy Cook Bob Foot David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Absent Michele Costantino, Chair Jack R. Lamb I. Call to Order Vice Chair Richard Yerzy, in the absence of the Chair, called the meeting to order at 3:00 p.m. II. Approval of Agenda There were no additions, deletions or changes to the agenda. Motion A motion was made by Mr. Foot to approve the agenda. Ms. Carroll seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Tolces explained the procedures for the quasi-judicial hearing and administered the oath to all persons who would be testifying. He explained four votes were needed to approve a reduction of the lien amount. The board was a seven-member board, and only five members were present. He announced the respondents could request their case be deferred until the full board was present. None of the respondents chose to do this. IV. New Business A. Lien Reduction Scott Blasie, Code Compliance Administrator, explained the lien reduction and appeal procedures, and then called the roll to determine which respondents were present. 1 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 24,2006 Case #03-3160 Michelle Hubbard 1239 Gondola Lane Mr. Blasie reported the case was originally cited on November 21, 2003. The property was red tagged concerning Permit #02-592 for interior alterations. Attorney David Ginsberg appeared before the Code Compliance Board on April 21, 2004, and the compliance date established by the board was October 21, 2004 or $250 per day. Compliance was documented on August 8, 2006, having 655 days of non-compliance. Mr. Blasie had a photograph and indicated the exterior of the property was well maintained throughout the duration of the process. Ms. Michelle L. Hubbard, 1239 Gondola Lane, Boynton Beach, was present and explained she hired a contractor who began the work, and then disappeared. She tried to hire other contractors or contractors from Home Depot or Expo, and they would look to see what work was not yet done, but they did not want the work. The original contractor did return, worked a bit more work and then disappeared altogether. She eventually found a contractor who stayed and completed the work. David Ginsberg, Esq., representing the Respondent, was present and provided his address for the record as, 3469 W. Boynton Beach Boulevard. Mr. Foot asked when was the work finished. Attorney Ginsberg advised the work was completed a couple of months ago and was on the previous agenda, but there were a few last minute things needing to be done to finalize the permits. The Certificate of Completion was issued on August 8, 2006. The Certificate was delayed a few days because the Building Department was backed up. Mr. Blasie indicated the parties had previously stipulated to a six-month extension. However no one anticipated the contractor would leave the job. There was some debate by the board on the amount of the fine and the board's intent when it was set. Ms. Cook noted since the issue was an interior permit, it did not adversely impact the neighborhood; however, she thought the City should recover its costs. Mr. Foot commented no one showed up when the fine was certified. Attorney Ginsberg explained they had not received notice. Mr. Blasie verified the March notices did come back, and Attorney Ginsberg responded Ms. Hubbard did attend every other hearing that was held and pointed out then the hurricanes came. Mr. Blasie could not verify that the hearing letter was sent certified mail. He confirmed he had two letters that were returned and the notice was eventually posted. Mr. Foot wondered if the respondent made every effort to keep in touch with the staff. He thought the $1,114.27 administrative fees would be appropriate. Motion Based on the testimony and evidence presented in Case #03-3160, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 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 #03-3160, by virtue of this Board's Order of April 21, 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 24, 2006 2004, to an amount of $1,114.27, including administrative costs. Ms. Simshauser seconded the motion. Ms. Cook clarified the amount included the administrative costs and the total amount was $1,114.27. Vote A vote was taken and unanimously passed. Case #04-533 RGRS Inc. 2991 W. Boynton Beach Blvd. Mr. Blasie reported this case was cited on March 11, 2004 for violations of City Code, specifically Section 10.2, to remove Florida Holly from the roadside along Boynton Beach Boulevard, trim or remove Florida Holly on the east and west sides of the lot and maintain the perimeter of the lot. The case was heard on April 21, 2004, at which time no one appeared and the date and fine was established on May 6, 2004 at $100 per day. Compliance was documented on November 22, 2005, having 564 days of non-compliance. Mr. Blasie had photographs for the board's review. They were taken on June 16, 2004, April 21, 2004 and then July 5, 2006, showing compliance. Mr. Richard Gescheidt, POB 2702, Ft. Myers, who was the Respondent was present and had no objections to the photographs. He explained he was President of RGRS, but was a minority shareholder. When the violation occurred, he lived in Boca Raton and now only resides there on weekends. He was in the process of moving to Ft. Myers at the time of the violation and could not personally handle the matter. When the notice was received he turned it over to the other shareholders who attempted to obtain contractors to correct the problem. They had contracts with three different contractors and none of them performed. The last contractor was actually in jail. He was eventually able to find someone to clean up the lot, but he did not have copies of the contracts on his person. Ms. Carroll inquired if there was anything in place that would prevent the violation from recurring. Mr. Gescheidt responded the property was going to be developed very shortly and would no longer be a vacant lot. Mr. Blasie noted the amount of work that had to be done was extensive. Mr. Foot was glad the lot was cleaned up and thought it was in a very prominent location in the community. He thought a fine of $1,000 over the Administrative Costs would be appropriate. This would be 2% over the fine. Motion Based on the testimony and evidence presented in Case #04-533, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 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 #04-533, by virtue of this Board's Order of April 21, 2004, to an amount of $1,634.12, including administrative costs. Ms. Cook seconded the motion that unanimously passed. Case #05-2381 Andrew &. Gail Luchey 28 NW 10th Ave. Mr. Blasie reported this case was cited on October 6, 2005 for violation of the Community Appearance Code and violation of Section 10-2 of the Boynton Beach Code of Ordinances. 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 24, 2006 There was a fence in disrepair and also uncontainerized trash on site. The case was heard on December 21, 2006 and no one appeared. The compliance date and fine was set on December 31, 2005. Staff documented compliance on January 19, 2006 resulting in 18 days of non- compliance. Mr. Blasie had four photographs taken on January 10, 2006, January 18, 2006 and two photos the afternoon of August 24, 2006. Mr. Blasie pointed out the printed fine amount of $1,800 was incorrect and should actually be $3,600. Mr. Luchey, 8517 Estate Drive, West Palm Beach, was put under oath and confirmed the photos were of his property. He advised he owns four duplexes at the location, and when he received the notice about the fence, he immediately removed it, but it was the wrong fence. They removed the correct fence, but then there was an issue with trash. The property was located on Martin Luther King Jr. Blvd. and there were issues with trash generated by transient pedestrians. He advised he has crew go out three times a week to ensure the property is clean. Mr. Blasie indicated Case #05-1922, which came before the Code Compliance Board on September 21, 2005, was for trash and debris at the same location. That case complied and there were no other actions pending. Mr. Blasie confirmed the area was a transient area and trash could appear at the drop of a hat. Ms. Simshauser recommended the fine be zeroed out since he made an effort to comply very quickly. Ms. Cook acknowledged the members of the board instituting the fine were concerned enough to make the fine $200 per day, but thought correcting the matter in 18 days was immediate. Mr. Foot thought Mr. Luchey had problems with other properties and that he was familiar with the City's requirements. He further expressed recovering the City's expenses plus $300 would be appropriate since Mr. Luchey had leniency. Mr. Foot thought Mr. Luchey should be aware he would not get off without consequences in the future if there were additional problems. Motion Based on the testimony and evidence presented in Case #05-2381, and having been advised that the Respondents have complied with all lien reduction procedures set forth in Sections 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 #05-2381, by virtue of this Board's Order of December 31, 2005 to the amount of zero, including administrative costs. Ms. Carroll seconded the motion that passed 4-1. (Mr. Foot dissenting.) Case #06-372 Pedro Bohorquez 1536 N. Seacrest Blvd. Mr. Blasie reported the case was cited on February 22, 2006 for violations of the Florida Building Code for not having a proper pool barrier and unpermitted fencing. The matter came before the board on April 19, 2006 and no one appeared. A date and fine were established to commence on April 29, 2006 of $50 per day. Compliance was documented as of August 11, 2006 resulting in 103 days of non-compliance. Mr. Blasie reported Mr. Bohorquez installed portions of fencing around the pool. He went to the Building Department and explained he installed areas with the fencing and was told a permit was not required because it did not meet the dollar threshold for the permit. Mr. Blasie met with the Respondent on site and a gate had been replaced which had did not meet the criteria in the Building Code for compliance. Mr. 4 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida August 24, 2006 Blasie delayed Mr. Bohorquez on his lien reduction process because he had trash, which was removed. The Respondent did what he needed to do to comply but was not given the correct information. Mr. Blasie had photographs and noted the before pictures did not show the trash. The board noted, however, the violation was not for trash. Mr. Pedro Bohorquez, 1536 N. Seacrest Blvd, Boynton Beach, was present and had no comment. Motion Based on the testimony and evidence presented in Case #06-372, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 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 #06-372, by virtue of this Board's Order of April 19, 2006 to the amount of zero, including administrative costs. Ms. Simshauser seconded the motion that unanimously passed. v. Adjournment Motion There being no further business, a motion was made by Ms. Carroll to adjourn. Ms. Cook seconded the motion that unanimously passed. Meeting adjourned at 3:44 p.m. Respectfully submitted, (1 (IlL/AMi Y1LJ;i/LHi'11( Catherine erry-Guberman Recording Secretary 082506 5