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.
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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)
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