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Minutes 09-28-06 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION BOARD MEETING HELD ON THURSDAY, SEPTEMBER 28, 2006 AT 3:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer, Alt. David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Absent: Kathleen Cmoll Jack Robert Lamb Lisa Simshauser I. Call to Order Chair Costantino called the meeting to order at 3:30 p.m. II. Approval of Agenda There were no additions, deletions or changes to the agenda. Motion A motion was made by Mr. Yerzy 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 eight-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 announced all the Respondents were present. MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION BOARD MEETING HELD ON THURSDAY, SEPTEMBER 28, 2006 AT 3:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Kathy Cook Robert Foot George Moyer, Alt. David Tolces, Assistant City Attorney Scott Blasie, Code Compliance Administrator Absent: Kathleen 'Carroll Jack Robert Lamb Lisa Simshauser I. Call to Order Chair Costantino called the meeting to order at 3:30 p.m. II. Approval of Agenda There were no additions, deletions or changes to the agenda. Motion A motion was made by Mr. Yerzy 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 eight-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 announced all the Respondents were present. Meeting Minutes Code Lien Reduction Boynton Beach, FL September 28, 2006 Case # 06-110 Kathleen A. Romeo 303 SW 7th St. Code Compliance Administrator Scott Blasie reported the property was cited and a Notice of Violation was sent on January 23, 2006 as a result of receiving a Red Tag from the Building Department pertaining to a lack of final inspection on an air conditioner permit. The board heard the case on March 15, 2006 with no one appearing and a date and fine was established by the board of March 25, 2006 or $25 per day. The property came into compliance on September 5, 2006. Mr. Blasie had photographs, as did the applicant. Ms. Kathleen A. Romeo, the owner of 303 SW 7th St., was present and explained she is a half-time Florida resident. In 2003, she paid an air conditioning company to install a central air conditioner and asked them for a referral for an electrician, who was TDW Electric from Lake Worth. She paid good money, went back up north and was told the matter was okay. She started receiving letters and commented it was hard to resolve the matter from the north because Code Enforcement is telling her she had a problem and were referring her to permitting. She announced at one point there was an argument that a permit was not pulled, however Ms. Romeo provided documentation showing one was. Three years later, she was informed that it is procedure that when you upgrade, one permit is pulled, and when you connect the new unit, that is a different permit. She asked why that was. Ms. Romeo commented, for $35 and a lot of confusion, the whole issue was a nightmare to her. Ms. Romeo was asking the board to waive the lien, partly because she cannot afford it, but also because she tried to be a good citizen and pull the permit. Ms. Romeo indicated during this time, TDW disappeared, so her questions remained unanswered. Ms. Romeo complimented the Code Enforcement and permitting staff that had been helpful to her and she had hired a new electrician who did pull a permit. Ms. Romeo distributed photographs of her property and announced although she was not present in Florida all the time, she took great pride in her property. She got caught between the air conditioning worker and the electrician, but she was in compliance, Ms. Romeo distributed the photographs for the benefit of the board. Ms. Romeo passed along comments made by the contractor's perspective. She was told half the cities in the county allow both the upgrade and the connection on one permit. Chair Costantino explained they do not make policy; rather they deal with the issues before the board. She suggested Ms. Romeo make the Commission aware of her comments. Mr. Blasie suggested Ms. Romeo's comments might be better served by directing the comments to Bill Bucklew or Tim Large, of the Building Department. Ms. Cook announced when there is a misunderstanding it is difficult for homeowners when contractors do not follow and thought the board should be lenient and reduce the fine. Mr. Yerzy was also impressed with the way the property had been maintained. Motion Based on the testimony and evidence presented in Case #06-110, 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. Cook moved that this Board reduce the fines instituted in Case #06-110, by virtue of this Board's Order of March 15, Meeting Minutes Code Lien Reduction Boynton Beach, FL September 28, 2006 2006, and that the lien imposed by that Order be released, Mr. Yerzy seconded the motion that unanimously passed. Mr, Blasie explained to the Respondent, there is a 7-day review period during which the issue can be reviewed by the City Commission and modified by them. Conversely the Respondent also has the same 7-day appeal period in which to contest the board's action. Mr. Blasie commented appeals rarely occur. Ms. Romeo thanked the board, and offered as a homeowner affected by insurance rates, whatever sentiments could be passed along to the City Commission about the rates and what could be done to assist homeowners would be appreciated. Case #05-2280 Hayes Clinical Laboratory Inc. 2431 Quantum Blvd. Code Compliance Administrator Scott Blasie reported the property was cited and a Notice of Violation was sent on September 29, 2005, for not having a permit to install an air conditioner. The board heard the case on December 21, 2005 and Mr. Chad Frederich appeared. The date and fine established by the board was January 20, 2006 or $25 per day. The property came into compliance on August 24, 2006. Mr. Blasie had photographs of the office building on Quantum Blvd. The applicant was present to explain why he missed the deadline. Mr. Chad Frederich, President, Hayes Clinical Laboratories Inc., explained he used to have a medical laboratory on Federal Highway, near the fire station, which was taken by eminent domain a few years ago. Upon settlement of the case, he purchased the subject property that is a medical blood-testing laboratory, employing about 40 employees locally. The air conditioning was lacking in its cooling capacity and the instruments were having problems staying cool. He willfully paid the company that constructed the building and the air conditioning work, which was AA Advanced Air, and had them install the air conditioning unit to accommodate the heat problem with full intention of obtaining the permit after the fact. Mr. Frederich was willing to pay any additional fines. AA Advanced Air did not obtain the permit. The Respondent received letters, followed up and discovered AA Advanced Air did not do anything with a permit. Mr. Frederich took over the process and learned all the steps in the process. The intent was to comply. Mr. Blasie had a copy of the permit application applied for on December 15, 2005, which was six days before the matter came before the board. Mr. Frederich explained the reason why it took eight months to comply was because of the air conditioning contractor that should have carried through with the permit initially. The company was losing $lOk-$15K per day in chemicals because of the heat problems with the instruments and his main focus was to cool the rooms sufficiently. However, the contractor did not follow through with the permitting process after they had done the work. The contractor had been paid for the permit. Ms. Cook noted compliance was not received until August. Mr. Blasie made a correction, the permit was issued August 24, 2006, and the permit was applied for in 2004, Eminent domain occurred at the end of 2003. The building was completed to their specifications regarding the cooling and heating requirements and they moved in during January. At that point when the Meeting Minutes Code Lien Reduction Boynton Beach, FL September 28, 2006 instruments got hot they realized there was a problem and they contracted with AA Advanced Air in the early part of 2004 to do the work. Ms. Cook, as a businessperson, understood Mr. Frederich's reasoning why he went ahead with the installation, but stressed there are regulations governing work without the permit. Ms. Cook recommended in the future, no matter how much of an emergency it may be, not moving forward without the proper permits. She expressed the City should recover the costs it incurred in pursuing the case. Mr. Blasie pointed out Mr. Frederich already paid the permit penalty, which was Red Tagged, and was four times the fee to obtain the permit. Mr. Frederich also noted once they began the permit process, the inspection came back with comments on the air conditioning, which led into electrical issues. It was discovered the building was approved, as far as the electrical system was concerned, but was overloaded. He had to do a lot of extra work to correct the matter in order to obtain the air conditioning. Ms. Cook explained the board could not overlook that the respondent had knowledge of what they were doing and there would be penalties involved. She recommended the City recover the costs incurred in this case. Chair Costantino indicated she did not think she could vote on just the cost because he admitted he was guilty. Added into the mix, there were additional problems that were not taken care of such as electrical, and he willingly endangered the community and his employees. Mr. Frederich explained the electrical had already been approved as part of the new building plan, and had nothing to do with the lab or this case, but as they went through the approval process it was discovered the building was constructed with the problems and was approved improperly. The electrical was actually overloaded which he corrected. Motion Based on the testimony and evidence presented in Case #05-2280, and having been advised that the Respondent has complied with all lien reduction procedures set fort 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 #05-2280, by virtue of this Board's Order of December 21, 2005 to an amount of $826.18 including Administrative Costs. Ms. Cook seconded the motion, Mr. Yerzy asked about the affidavit filing costs and whether the City expended those funds already. Mr. Blasie clarified it had been expended, which was filing the lien and in all lien reductions, those funds are included. Vote A vote was taken and unanimously passed. Mr. Frederich commented the City has their stuff together, regardless of what contractors say. The City went right down the line and he appreciated that, but thought the contractors leave a lot to be desired. Chair Costantino indicated they would pass the comment on to the Building Department. Mr. Frederich also complimented Code Enforcement staff and thanked the board. Meeting Minutes Code Lien Reduction Boynton Beach, FL September 28, 2006 Case #05-838 Nalbert L. Hyman 504 NW 2nd St. Mr. Blasie reported the property was cited and a Notice of Violation was sent on April 25, 2005 for violation of the Community Appearance Code. The board heard the case on June 15, 2005 and no one appeared. A compliance date and fine was established by the board of June 25, 2005 or $50 per day. Compliance was documented as of August 31, 2006. Mr. Nalbert Hyman, the owner of the property at 504 NW 2nd Ave. was present. Mr. Blasie had photographs from the hearing on June 15, 2006 and two photographs taken June 27, 2006 and August 31, 2006, which he confirmed nothing had changed to date. He also noted during the processing of the case, the property appraiser had the Respondent living at the address, but the letters came back. Somewhere between then and now, the Respondent became homesteaded somewhere else, He owns a few properties in Boynton. The property appraiser had the Respondent at a Post Office Box. Chair Costantino asked what took so long, Mr. Hyman responded he did not get the letters. At the time he was driving a tractor-trailer and he was on the road most of the time. Before the violation, the Respondent was not living at the address. In 2005, there were family members living at the address. Chair Costantino questioned why family members had not notified him about the issue. Carole German, 6737 Blue Bay Circle, Lake Worth, spoke on the Respondents behalf. She explained the mail was sent to a Post Office Box, which was closed in 2000, so he was not getting the letters, When the initial issue arose, he addressed it right away but he had no idea of any procedure to follow or what to do. Ms. German also explained she was a realtor and she had the property up for sale. Mr. Hyman had come to her right away and explained he had a huge hospital bill and he needed to sell the dwelling in order to pay those bills or he would go into judgment and would not be able to sell the property. The day the home went to closing was the day the Respondent learned of the $22K lien. The Respondent could not close on the home because he would have had to take money to the closing. She elaborated she also loaned him the money to pay his taxes; therefore there was nothing he could do. The property did not sell because he was not aware of the case. She believed the notices were going to the Post Office Box and he did not receive them. Mr. Blasie confirmed the tax bill was paid on September 5, 2006. Chair Costantino said it was not the board's job to hunt people down when they do not keep their records current with the county. If the Respondent does not supply an address where they could be reached, it is not the City's fault that he did not get his notices. She asked if the notice was posted. Mr. Blasie confirmed it was and he thought the Respondent had learned his lesson about keeping records current. Ms. German explained the Respondent only has his primary residence and does not own any other properties. She further stated because Mr. Hyman was on the road with the tractor-trailer often, and not really going to the property, he really was not aware. She attested that when she received the lien search for the property showing the lien, that Mr. Hyman was floored. Ms. Cook commented the property looks nothing like what it formerly looked like and was a beautiful property. She trusted his primary residence would be equally maintained while he Meeting Minutes Code Lien Reduction Boynton Beach, FL September 28, 2006 lived there regardless whether he traveled or not, and that he would not let it return to its former condition. Under the situation, she thought the individual needed to sell the home to get out from under medical bills and the City should recover its costs. There was no other discussion. Motion Based on the testimony and evidence presented in Case # 05-838, 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. Cook! moveg that this Board reduce the fines instituted in Case #05-838, by virtue of this Board's Order of June 15, 2005 to the amount of $634.12, including Administrative Cost. Ms. Carroll seconded the motion that unanimously passed. Attorney Tolces requested confirmation the amount was a total of $634.12. Ms. Cook confirmed it was. Ad10urnment There was no further business before the board. Motion Mr. Yerzy moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. Meeting adjourned at 4:06 p.m. Respectfully submitted, C (Jl11IL~' f<J JJ..ilpjJrrtvJ1 Catherine Ch ry-Guberman Recording Secretary 100206