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Minutes 10-26-06 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, OCTOBER 26, 2006, AT 3:00 P.M. Present Michele Costantino, Chair Richard Yerzy, Vice Chair Kathleen Carroll Jack Robert Lamb Lisa Simshauser George Moyer, Alternate David Tolces, Assistant City Attorney Scott Blasie, Code Administrator Sr. Code Officer Willie Webb Absent Kathy Cook Robert Foot I. Call to Order Chair Costantino 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 Ms. Simshauser moved to approve the agenda as presented. Vice Chair Yerzy seconded the motion that passed unanimously. III. Swearing in of Witnesses and Introduction Attorney Tolces swore in the witnesses. Mr. Blasie explained the lien reduction procedure IV. New Business A. Lien Reduction Case # 03-541 Wilbert Hollis 2061 N.W. 2nd St. Mr. Blasie presented the case. The property was originally cited on February 21, 2003 for violations of the Community Appearance Code. The north side of the driveway required grass and there were unlicensed and inoperable vehicles on the property. The case came before the board on May 21, 2003, and no one appeared. The board established a compliance date of June 20, 2003 and proposed a fine for non-compliance of $75 per day. Compliance was documented October 6, 2006. Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 26, 2006 Mr. Blasie showed photographs to the Respondent and to the board. The photos were taken on May 21, 2003, February 6, 2006, and October 26, 2006. There was a dispute between the City and the Respondent about when the property came into compliance. Mr. Blasie mentioned that the Hollis' contention they could not grow grass on the north side of the driveway was probably correct, because at the time, a huge ficus tree on the vacant lot next door overshadowed the driveway. At Sr. Code Officer Webb's request, the City cut down the ficus tree. The County took the vacant property and conveyed it to the City on or about January 13, 2004 and Mr. Blasie asked the board to consider whether that could be used as the compliance date. After discussion, the board agreed to use that date as the compliance date, which significantly reduced the potential fine of $90,225.00. Wilbert Hollis, 2061 N.W. 2nd Street, Boynton Beach, and his wife, appeared. In 2003, Mr. Hollis had spoken with Sr. Code Officer Webb about the lack of grass along the north side of the driveway. He explained the shadow from a large tree in the lot beside the driveway kept grass from growing there. When Mr. Webb was able to arrange for the tree to be cut down, Mr. Hollis applied sod to the area. He maintained that Mr. Webb had seen the sod and approved it. Mr. Hollis did not think about it any more until he recently tried to refinance his home and discovered the lien. Sr. Code Officer Webb did not recall seeing the sod at the time and had not been back to the property. He agreed the shade from the tree kept the grass from growing. Chair Costantino noted a lot of people had this problem because they did not call the City to determine whether their issue(s) had been resolved or not. Mr. Hollis explained the abandoned/inoperable vehicles actually belonged to a house down the street. He explained he had removed the vehicles from his property before he had placed the sod along the driveway. A considerable discussion ensued about the lack of response from the homeowners in light of the City's attempts to contact them and post the property. Ms. Hollis explained a Roberta Hollis, no relation, lived on the next block on N.W. 2nd Court at the same address, 2061 and often received their mail. Mrs. Hollis contended she and her husband would never have ignored mail from the City. Motion Based on the testimony and evidence presented in Case #03-541, and having been advised that the Respondents 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 this board reduce the fines instituted in Case #03-541, by virtue of this board's Order of May 21, 2003 to an amount of $730.15, including administrative costs. Ms. Simshauser seconded the motion that passed 4- 2, Chair Costantino and Vice Chair Yetzy dissenting. 2 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida October 26, 2006 V. Adjournment Mr. Blasie announced there would be only one Code board meeting in November. It was moved and seconded that the meeting be adjourned. The motion was adopted and the meeting was adjourned at 3:32 p.m. Respectfully submitted, c~dAA ~~ r Susan Collins Recording Secretary (102606) 3