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Minutes 01-25-07 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JANUARY 25, 2007, AT 3:00 P.M. Present: Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll Kathy Cook Robert Foot George Moyer, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Absent: Michele Costantino, Chair Jack Lamb I. Call to Order First Vice Chair Yerzy called the meeting to order at 3:00 p.m. II. Approval of Agenda There were no additions, deletions, or corrections to the agenda. Motion Ms. Carroll moved to approve the agenda as presented. Mr. Moyer seconded the motion that passed 6-0. III. Swearing in of Witnesses and Introduction Assistant City Attorney Tolces swore in the witnesses. Mr. Blasie explained the lien reduction procedures. IV. New Business Case #06-2589 Property Address: Violation( s): Anthony R. & Judy A. Maxwell 2950 N.W. Commerce Park Dr. F-9 13-16 BBC of Ordi BBA FBC '05105.1.1 American Trim & Design Inc. - Prior to the issuance of occupational license, obtain permit and inspection for the installation of new electric. The deck above the restroom shall be permitted and inspected. Provide proof of permitting for the office. Please obtain a permit and required inspections for the deck above the Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 25, 2007 office. The table saw and compressor shall be permitted and inspected. A licensed contractor shall file an application, secure permit and obtain required inspections. Contact Peter McCray with any questions. Mr. Blasie stated this case had been tabled from the regular Code Compliance Board meeting of January 17, 2007. The property was now in compliance, and the City asked for a motion to dismiss the case. Mr. Foot moved to dismiss Case #06-2589. Ms. Simshauser seconded the motion that passed 6-0. Mr. Blasie determined the order of presentation of the cases by finding out who was present. At the request of Mr. Foot, Attorney TOlces advised approval of a lien reduction would require four affirmative votes. Case #98-1136 Gerald Roger 1701 N.E. 1st Street Mr. Blasie reported the case originated on March 18, 1998 for violations of the City's Community Appearance Code. The swale had to be cleared of loose trash and grass had to be installed. The case came before the board on May 20, 1998 and no one appeared. A compliance date of June 15, 1998 was set. The board proposed a fine of $25 per day for non-compliance. The property came into compliance on March 13, 2000. Mr. Blasie commented that while the agenda stated no one appeared at the meeting, Code Officer Melillo stated Mr. Roger was present, but could not stay. He agreed to comply in 30 days. Mr. Blasie had photographs taken May 13, 1998, and August 17, 1998. The May photo showed the entire swale was mostly dirt, sand, and weeds. In the August picture, the swale appeared to be grassed except for an area being used to place trash. Mr. Blasie took two current photographs and showed them to the respondent and to the board. Mr. Blasie explained a title company contacted the City in regard to a pending transaction on the property. Mr. Roger had signed a document authorizing the title company to go ahead and payoff the lien. The City received a check dated December 28, 2007 for $16,534.12. In the meantime, Mr. Roger had approached the City about a lien reduction. It was apparent there was a communication problem. The City returned the check and Mr. Roger was before the board asking for a lien reduction. Gerald Roger, 1701 N.E. 1st Street, Boynton Beach, did not know why there was a lien on his house since he had come to the meeting in 1998. He was confused about what he heard at the meetings and did not think he had to go to one of them. Mr. Moyer stated it appeared he had cleaned up and grassed the swale, or most of it, right after the violation was issued and the property looked great now. 2 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 25, 2007 Motion Based on the testimony and evidence presented in Case #98-1136, 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 #98-1136, by; virtue of this board's Order of May 20, 1998, to an amount of $634.12, including administrative costs. Ms. Simshauser seconded the motion. Mr. Foot asked Mr. Blasie for an explanation of the delay of Mr. Roger's actions. Mr. Blasie replied on July 2, 1998, Code Officer Melillo stated the property was almost in compliance. On June 17, 1998, the owner installed a sprinkler system and leveled the dirt for sod. He could not add more than that. He did not know why Mr. Roger had initiated a lien reduction and signed the document at the title company to payoff the lien in the same timeframe. Mr. Foot believed the fine was too light and suggested $1K. Ms. Carroll believed the owner had made efforts to bring the property into compliance and had done so. It appeared to her that he had fixed it soon after the violation notice, but did not come to the meeting. He was confused about coming to another meeting. The motion passed 5-1, Mr. Foot dissenting. Case #03-916 Henry L. Watson 508 N.W. 9th Avenue Mr. Blasie explained this property had originally been cited on March 26, 2003 for violations of the Community Appearance Code. The swale required sod and there was trash and debris and inoperable vehicles. The case came before the board on June 18, 2003 and Mr. Watson appeared. A compliance date was set for August 17, 2003 and the board proposed a fine of $25 per day for non-compliance. Compliance had been documented as of November 1, 2006. Mr. Blasie had three photographs taken September 17, 2003, August 18, 2003, November 19, 2003, January 21, 2004, and two current pictures. He showed the pictures to the respondent and the board. John Lewis, 10135 Dogwood Avenue, Palm Beach Gardens 33410, stated the family of Henry Watson, who was deceased, had authorized him to speak on their behalf. Mr. Lewis was one of a group of investors who had a contract to purchase this property, subject to settlement of the liens. The property was going into foreclosure. Since Mr. Watson passed away without a will, they had to go through Probate and there had been a lot of contention among the seven heirs. The property was in serious disrepair and would require major renovation. Mr. Foot asked Mr. Blasie about a picture with a pickup truck in it. Mr. Blasie stated it was a registered, operable vehicle. Motion Based on the testimony and evidence presented in Case #03-916, 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 #03-916, by virtue of this board's Order of June 18, 2003, to an amount of $730.15, including administrative costs. Ms. Simshauser seconded the motion. 3 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 25, 2007 Mr. Foot and Ms. Carroll disagreed about the amount of the fine. Mr. Foot was concerned the board was not sufficiently concerned with what the state of this property had done to surrounding property values. He believed the neighborhood had suffered severely in an economic sense from allowing this property to exist in such a decrepit state. He did not think that recovering administrative costs was sufficient. Ms. Carroll did not believe the purpose of the board was to punish the citizens of Boynton Beach. She felt the property had been cleaned up, the investors wanted to make it into something nice, and the owner was dead. The motion passed 5-1, Mr. Foot dissenting. Case #06-1274 Daniel & Woyaline F. Dirogene 1635 N.E. 4th Court Attorney Tolces swore in the respondent. Mr. Blasie reported the property had originally been cited on May 23, 2006 for violations of the Community Appearance Code. The case involved bulk trash, tree debris, and inoperable vehicles. The case came before the board on June 21, 2006. No one appeared. A date and proposed fine were established of July 1, 2006 or $50 per day. Compliance was documented on October 19, 2006. Mr. Blasie had photographs and shared them with the Respondent and the board. First Vice Chair Yerzy asked Mr. Dirogene why it had taken so long to get the property in shape. Ricardo Dirogene, 1635 N.E. 4th Court, appeared on behalf of his father, Daniel Dirogene, who was present but a language barrier prevented him from participating. Attorney Tolces asked Daniel Dirogene if he had given his son the authority to speak for him and he answered that was the case. Mr. Dirogene related the board had given them three months to fix the violations and they had done that. The City had inspected the property and he thought that was the end of it. Ms. Cook noted that the Code inspectors had come out monthly from May to October to check on progress. She reiterated First Vice Chair Yerzy's question about why it had taken so long. Mr. Dirogene mentioned the tree debris had been from a hurricane and the City would not pick it up. They tagged the pile and stated it would cost $1,500 for the City to remove it. The family had to find a contractor who would do it for less. Mr. Dirogene explained his father was disabled and that he sometimes gave Ricardo his mail, but not always. Ms. Cook stated that since he was still living at the house and there were communication issues with his father, the board would appreciate hearing from him that they would not allow the house to get in its former state again. She stated when that occurred, property values were decreased. Mr. Dirogene said he understood and would not let it happen again. Mr. Foot thought the board had given them 10 days to comply and a $50 a day fine because the property was a mess and should not be allowed to remain in that condition. Ms. Carroll believed the board had given 10 days and $50 a day fine since hurricane season was upon them and they felt the debris could constitute a hurricane hazard. She believed the board was 4 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 25, 2007 there to gain compliance and that had been done. This was a case of an elderly, handicapped couple, whose son was willing to help and had helped his parents. He had committed to help in the future to see the property did not fall into disrepair again. Motion Based on the testimony and evidence presented in Case #06-1274, 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 #06-1274, by virtue of this board's Order of June 21, 2006, to an amount of $730.15, including administrative costs. Ms. Simshauser seconded the motion. Mr. Foot believed if this motion were supported, it would be like overlooking the board's obligation to the neighborhood. The impression would be given that the board was going to allow people to get away with whatever they wanted to do. He felt it was time to speak for the entire City. Ms. Carroll responded this house was in her neighborhood and it was now a beautiful house. Mr. Dirogene's son was committed to keeping it that way. If he should fail and come before the board again, she would consider addressing it more strongly. The motion passed 4-2, Mr. Foot and Ms. Cook dissenting. Case #06-2433 Jean P. Messeroux 2950 S.E. 2nd Street Sr. Code Compliance Officer Vestiguerne Pierre stated this property had been cited on September 28, 2006 for violations of the Community Appearance Code and the need for an occupational license. A board hearing was held on November 15, 2006 and no one appeared. The board set a compliance date of December 15, 2006 and proposed a fine of $150 per day. The property came into compliance on January 24, 2007 for 39 days of non-compliance. He stated the City recommended certifying the fine. Motion Based on the testimony and evidence presented in Case #06-2433, Ms. Simshauser moved that this board find that the Respondent, Jean P. Messeroux, was in violation of the City of Boynton Beach Code Sections as cited, subsequent to the date of compliance specified in this board's order of November 15, 2006, and in consideration of the gravity of the violations, the actions taken by the Respondent to remedy the violations, and previous violations of the Respondent, that this board impose and certify a fine in the amount of $150 per day plus administrative costs, for a total of 39 days of non-compliance. Ms. Cook seconded the motion. Mr. Foot asked why this had not been taken care of at the recent regular Code Compliance Board meeting. Mr. Pierre stated the Respondent had to pay for an occupational license and he had not done that. The board had given him until today to pay for it. Mr. Foot confirmed the occupational license was the only remaining item. Mr. Foot asked if the property had been occupied during the interim, and Mr. Pierre stated it had, without an occupational license. Mr. Foot asked why they were being so tough in this situation, when it would probably come back for a lien reduction. Mr. Blasie responded there had been a number of issues with this property 5 Meeting Minutes Code Compliance Board Lien Reduction Hearing Boynton Beach, Florida January 25, 2007 and this landlord in the past. Mr. Foot confirmed the City was recommending certification of the fine. The motion passed 6-0. VI. Discussion Since the April Code Compliance Board meeting was in conflict with the annual board dinner, Mr. Blasie suggested changing that meeting from April 18, 2007 to April 16, 2007. The board concurred. VII. Adjournment Motion Ms. Carroll moved to adjourn the meeting at 3:53 p.m. Mr. Moyer seconded the motion that passed 6-0. Respectfully submitted, ~~J Susan Collins Recording Secretary (012507) 6