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Minutes 04-26-07 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD ON THURSDAY, APRIL 26, 2007, AT 3:00 P.M. IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA Present: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathy Cook Robert Foot George Moyer, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney Absent: Kathleen Carroll I. Call to Order Chair Costantino called the meeting to order at 3:00 p.m. II. Election of Chair, and First and Second Vice Chair The board discussed tabling the election of officers and was unsure whether the elections had to take place during the month of April. Attorney Tolces advised the elections could be tabled to the next meeting. Motion Second Vice Chair Simshauser moved to table the elections to the next meeting. Mr. Moyer seconded the motion that passed 5-1. (First Vice Chair Yerzy dissenting) Mr. Foot suggested moving forward with elections for the position of Chair only. After a short discussion, Mr. Foot withdrew his suggestion and there was agreement to hold all elections at the same time next month. III. Approval of Agenda Motion First Vice Chair Yerzy moved to approve the agenda. Second Vice Chair Simshauser seconded the motion that unanimously passed. 1 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 26, 2007 IV. Approval of Minutes Motion Second Vice Chair Simshauser moved to table the minutes. First Vice Chair Yerzy seconded the motion that unanimously passed. The board recessed at 3:03 p.m. to allow the applicant, who was en route, time to arrive. The board reconvened at 3:09 p.m. V. Swearing in or Witnesses and Introduction Attorney Tolces administered the oath to all who would be testifying. VI. New Business A. Lien Reduction Case #06-1739 Ouze Noncent & Kinson Maxi 627 SW 3rd Ave. Code Compliance Administrator Slasie presented the case and distributed photographs to the board that were taken on October 10th and three photographs he had taken on April 16, 2007. Maxi Kinson, residing at 1860 Locust Circle in Lantana, arrived at the meeting at 3:09 p.m. Mr. Dorcent, 428 NE 15th Court, interpreted for Mr. Kinson. Code Compliance Administrator Slasie had inspected the property and showed the board photographs. He noted the items that were removed. Different photos showed different areas of the home that had peeling paint; however, the house had been painted. There was a brief discussion about the inspection process. Mr. Slasie explained the inspection took place and if the violation still existed, it would have been noted. Code Compliance Administrator Slasie reviewed the various inspections associated with the case and the violations still outstanding at the time of those inspections. The process called for the Inspector to note the outstanding violations on the inspection tickets. Ms. Cook asked Mr. Kinson why it took from August to April or March, to comply. 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 26, 2007 Mr. Kinson explained the issues arose from the hurricane. They could not make repairs until the insurance adjustor visited the site. Ms. Cook discussed the furniture on the back porch. The property was a rental property and Mr. Kinson did not know furniture was on the porch. Mr. Slasie confirmed Mr. Kinson's comments were correct and the applicant had obtained a Susiness Tax Receipt (Occupational License) on April 7, 2007. The applicant also indicated he never received the notice. He advised he had been living in Lantana for two years and explained he updated his address with the Property Appraiser's office as soon as he moved. Mr. Slasie had a printout from the Property Appraiser from July 2006 showing his address as 627 SW 3rd Avenue, which was the violation location. The applicant viewed the printout provided by Mr. Slasie. First Vice Chair Yerzy noted the board repeatedly hears the same excuses; that the renter receives the complaint and the owner knows nothing about it. He asked what could be done to alleviate those situations. Attorney Tolces explained the statute provides for notice to be provided at the address on the property tax roles, unless information for a different address is known. If it is known beforehand that the owner does not reside at the violation address, the address of record is the only address the board could go by. There was a question about the physical service of the notice. Attorney Tolces explained if an individual refused to accept service, the notice is posted on the property. Mr. Slasie clarified, in this instance, the owner denied he signed the receipt. Mr. Slasie also added the board's obligations under the statute had been met. Motion Sased on testimony and evidence presented in Case #06-1739, 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 Soynton Seach Code of Ordinances, Ms. Cook moved that this board reduce the fines instituted in Case #06-1739, by virtue of this board's order of September 20, 2006, to an amount of $634.12, which includes administrative costs. Second Vice Chair Simshauser seconded the motion that passed 5-1. (First Vice Chair Yerzy dissenting). Mr. Slasie explained the results of the proceedings to Mr. Maxi and advised if Mr. Maxi did not agree with the outcome of the hearing, the matter could be brought before the City Commission. 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL April 26, 2007 VII. Adjournment Motion Ms. Cook moved to adjourn. Chair Costantino indicated she spoke with the City Clerk and the board needed to make a motion to vacate Mr. Lamb's seat. She asked Attorney Tolces to research the issue. Attorney Tolces advised the motion previously made at the last meeting was to request the City Clerk advise the City Commission that Mr. Lamb had missed considerable meetings and that he should be removed from the board. Attorney Tolces suggested a motion be made to declare Mr. Lamb's seat vacant due to the fact that he missed at least three successive meetings and request the board appoint an individual to fill the vacancy. Motion Mr. Foot moved that the City Commission be advised that Mr. Lamb missed Code Compliance meetings held on January 17, 25 and February 21st, and also missed a meeting on March 21st. Mr. Lamb missed more than two of three successive meetings without cause, without approval of the Chair and therefore as required by Section 162.05(E) Florida Statutes, the Code Compliance Soard would declare that Mr. Lamb's position is vacated. First Vice Chair Yerzy seconded the motion that unanimously passed. Chair Costantino will send a letter to the City Commission. Attorney Tolces advised both motions could be included in the letter. The motion he referred to from the last meeting had not declared the seat vacated. Motion Ms. Simshauser moved to adjourn. Ms. Cook seconded the motion that unanimously passed. Meeting adjourned at 3:34 p.m. (!~A,V,/Ll.J - (~/urr(H( Catherine che/ry-Guberman Recording Secretary 4