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Minutes 06-28-07 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD ON THURSDAY, JUNE 28, 2007 AT 3:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, 1st Vice Chair Lisa Simshauser, 2nd Vice Chair Kathleen Carroll (arrived 3:04 p.m.) Robert Foot George Moyer Jamila Alexander, Assistant City Attorney Scott Blasie, Code Compliance, Administrator ABSENT: Kathleen Cook I. Call to Order Chair Costantino called the meeting to order at 3:00 p.m. II. Approval of Agenda There were no changes to the agenda. Motion A motion was made by First Vice Chair Yerzy to approve the agenda. Mr. Moyer seconded the motion that unanimously passed. III. Swearing in of Witnesses and Introduction Attorney Alexander explained the procedures and administered the oath to all who would be testifying. Officer Melillo called the roll and determined who was present. IV. Old Business A. Consideration to Stay Board Order 1 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Respondent Case # 07-429 Ralph & Rosie, Inc. 2007 S. Federal Hwy. Code Officer Melillo reviewed the violations, which were violations of PT3-LDR. Chapter 4. See. 11, and PT3-LDR.CH4. See. 2.A.3. A Cease and Desist Order was entered until the Site Plan Modification had been obtained from the Planning and Zoning Department. The Code Compliance Board hearing was February 21, 2007 and Mr. DeVita appeared. The proposed fine and date set by the board was $500 per day or comply by March 3, 2007. Officer Melillo reported the violation still existed and the attorney for Mr. DeVita was present. Ginny Goldman, 2799 NW Boca Raton Blvd., was present on behalf of Ralph & Rosie, Inc. She explained she was appearing on their motion for a stay of enforcement of the Board's Order dated March 30, 2007 imposing fines. Attorney Goldman explained the basis of the stay was to seek to maintain the status quo, until the court was able to make a determination whether the appeal should be granted. The basis of the appeal was there may have been a deprivation of due process rights prior to the March hearing resulting in their needing to dismantle the tikijchickee hut. They had submitted a modified site plan in timely manner. Attorney Goldman explained, based on the fact that there was an appeal pending from the Circuit Court, she requested the stay of any further enforcement of the Order. In support of the motion, she explained her client was a small business and a revocation of their occupational license would jeopardize the business and could force them out of business. Attorney Goldman explained regarding enforcement of the Order of March 30, 2007, her client received a letter on May 16, 2007 indicating his occupational license would be revoked. An appeal was filed with the Building Board of Adjustment and was pending a hearing scheduled for July 5, 2007. She reiterated her client was a small business who believed he complied with the original Order dated March 5, 2007, requiring compliance under the Code provisions and in doing so, thought the submission of the modified site plan was all that was required. It was only at the second hearing on March 21, 2007 where the March 30, 2007 Order stemmed from when he was advised he needed to take the tikijchickee hut down. She explained that was not reflected in the record of the proceedings that occurred on February 21, 2007. Attorney Goldman requested the stay of the March 30, 2007 Order be granted. She believed there would be no harm to the City in maintaining the status quo, pending the appeal before the Court. 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Mr. Foot asked why the Occupational License was being threatened. He was not sure it related to what the Code Enforcement Board was doing. He also wanted to know why the continued accrual of the fine would impact the business. He believed the Respondent was not asking for a reversal of the $58K in fines that had accrued. He asked how the occupational license could be in jeopardy now when it had not been an issue previously. Attorney Goldman responded the March 30, 2007 Order was the written Order based on the board's determination, or ordering of the fines, from the March 21, 2007 hearing. Attorney Goldman explained her client believed his occupational license would be revoked because of the letter sent notifying him it would be revoked unless he appealed to the Building Board of Adjustment and Appeals. The appeal was duly filed after that time and she explained the letter was sent from the City of Boynton Beach Development Department, Business Tax Division. Mr. Foot indicated if her client filed the appeal with the Building Board of Adjustment and Appeal, why were they concerned about the threat of revocation. He explained if it had been sent, they would have met the requirements to prevent that from happening. Attorney Goldman announced she was concerned about an overall stay. She did not know the exact amount of fines that had accrued to date, but she requested the stay until the courts determined whether the respondents received due process. Ralph & Rosie were waiting on the court's determination of the appeal as to whether or not those fines would be required to be paid. She announced it would be a hardship to revoke the Occupational License as it was a small family-owned business. Attorney Goldman explained pursuant to the letter, the appeal was made which automatically stayed the revocation of the occupational license. This was pursuant to the Code, which indicated the revocation is authorized due to the fact that Ralph & Rosie is in violation of the relevant City codes as determined by the Code Compliance Board. Second Vice Chair Simshauser asked if he was using parking under the tikijchickee hut, which is what brought the original complaint or if he was out of compliance because he was using it for tables. Attorney Goldman responded he was not using it for anything, parking or otherwise. Officer Melillo noted there was a new ordinance in the City that referenced the City would not issue a Business Tax Receipt if there was a lien on the property. If the lien stayed on the property, it would not be renewed. Attorney Alexander confirmed the provision would take effect 15 days after the date of the letter and the violator did file an appeal with the Board of Adjustments to consider the matter. The revocation has not taken place yet. 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Mr. Foot requested clarification on whether the appeal was based on the client not being advised on March 21, 2007 there were two alternatives; one was to remove the tikijchickee and two, ask for a modification. Attorney Goldman explained she was basing her argument on the first hearing on February 21, 2007 wherein Ralph & Rosie was instructed by the board that they needed to modify the site plan in a timely manner. They did submot a modified site plan to Planning and Zoning, but then was called up for another violation because at the March 21, 2007 hearing, he was advised he needed to dismantle the tikijchickee hut and she reported that on that basis the fines were issued. Attorney Goldman explained a review of the record did not show the first hearing on February 21, 2007, that he needed to take down the hut in order to be in compliance with the Boynton Beach City Code. Ms. Carroll recalled Mr. DeVita was extremely angry with the board and refused to hear anything the board had to say about the hut being put up and its proposed use or what he needed to do at that point. Mr. Moyer concurred with Ms. Carroll's recollection. She commented he was extremely argumentative, to put it mildly. Officer Melillo explained in reference to the formal hearing on February 21, 2007, Officer Guillaume posted the notice of the meeting on February 10, 2007 on the front door. He had a photo of it. Mr. Foot asked to see how they advised him there was one alternative after the February 21, 2007 hearing. Attorney Goldman responded she had a copy of that order. Mr. Foot countered, the order they had did not agree with what was sent in writing. Attorney Alexander explained, generally, the board is not to give directions on how to come into compliance. Ms. Carroll explained the issue was he was refusing to accept that he had been served by the posting, and that it was his responsibility to find out what he needed to do. He refused to accept that. Ms. Carroll expounded he was extremely argumentative and belligerent and had refused to accept that he had, in fact, been served and had a responsibility as the owner of the property. Mr. Foot explained the order provided by counsel indicated the violation was to be corrected before March 3, 2007. He noted it did not specify it had to be corrected by submiting an appeal to the compliance board or removing the tiki. The order was dated March 5, 2007 and signed by the Chair. Mr. Foot suggested rejecting the request for a stay. Mr. Moyer seconded. Chair Constantino explained, this could all be undone at a later date, if the court so finds that the Respondent had been charged unfairly. 4 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Attorney Goldman clarified there were two appeals pending. One appeal was with the Building Board of Adjustment and Appeals relating to the revocation of the Occupational License. The second appeal was pending in the 15th Judicial Circuit for Palm Beach County that related to due process on the March 30th Order arising from the hearing on March 21, 2007. Mr. Foot was unsure which motion to use. Attorney Alexander explained the proper motion would be whether the board would stay the motion or not. Motion Mr. Foot moved to deny the request for a stay. Mr. Moyer seconded the motion that unanimously passed. V. New Business A. Lien Reduction Case # 03-717 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Officer Melillo announced there were two cases before the board. This violation involved a permit for an air conditioner that did not receive a final inspection and was a red tag. Officer Melillo reported eventually the Subway owner did pull a permit. The other issue was the smoke detection. Leonard Chackman, owner and operator of the Gateway Shopping Center was present. Officer Melillo reviewed this case and the violations before the board. The notice of violation was on March 5, 2003. The hearing was April 16, 2003 and no one appeared. The compliance date and fine set by the board was April 26, 2003 or $25 per day. The fine, to date, was $33,325. Mr. Chackman explained most of the situation involved tenants. He explained he was not aware of what the tenant was doing and reported he did not understand the process. In this instance, the tenant was to take care of it and did not. The tenant in question operated a Subway store but there were three different owners. Getting tenants to comply was not easy and he learned about it after the fact. Mr. Chackman explained he did not have all the details, but he advised they were now in compliance and admitted he was ill informed about the issue. 5 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 The board discussed the reduction of fine. Mr. Foot was in favor of reducing the fine to $lK plus administrative costs, for $1,730 total cost. Chair Costantino commented this case was around for a long time and noted people were in harms way. Mr. Moyer thought the amount was too minimal. It was over three years. He suggested one third of the accrued fine or $10K plus costs. Motion Based on testimony and evidence presented in Case #03-717, 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, Mr. Moyer moved that this Board reduce the fines instituted in Case #03-717, by virtue of this Board's Order of April 16, 2007, to an amount of $10K, plus administrative costs. Chair Costantino passed the gavel and seconded the motion. First Vice Chair Yerzy repeated the motion with a $10K fine plus $730.15 administrative costs. Vote There was a vote on the motion, which failed 2 - 4. (First Vice Chair Yerz,v, Second Vice Chair Simshauser, Ms. Carro/I, and and Mr. Foot dissenting.) Motion Based on testimony and evidence presented in Case #03-717, 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 #03-717, by virtue of this Board's Order of April 16,2007, to an amount of $5,730.15 including administrative costs. Mr. Foot seconded the motion that passed 4-2. (Chair Costantino and Mr. Moyer dissenting.) Case # 06-1476 Chackman Motels Inc. 706 W. Boynton Beach Blvd. Code Officer Melillo presented the case and announced the notice of violation was June 13, 2006. The violation was for a roof permit and containers to be kept in clean/sanitary condition and in a good state of repair. The hearing was held on August 16, 2006 with no one appearing. The compliance date and fine set by the board was 6 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 August 26, 2006 or $50 per day. The fines, to date, were $6,500 plus administrative costs. Mr. Chackman, owner and operator of the Gateway Shopping Center was present and explained this issue occurred as a result of hurricane damage, and roofing tiles were loose or replaced. He did not realize a permit was required for repairs. The contractor did the work, and matched the missing tiles. Later, he learned the repairs were more extensive than thought and a permit was needed. Ultimately he replaced the entire roof and had obtained the proper permits to do so. Officer Melillo confirmed Mr. Chackman's comments as true and correct. He had photos of the property, which he showed to the board. Motion Based on testimony and evidence presented in Case #06-1476, 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, Mr. Moyer moved that this Board reduce the fines instituted in Case #06-1476, by virtue of this Board's Order of August 16, 2006, to an amount of $1,000 including administrative costs. Second Vice Chair Simshauser seconded the motion that unanimously passed. Case #04-1100 Mirtha Lormont 281 NE 16th Ave. Officer Melillo presented this case and advised the notice of violation was on May 14, 2007 for a violation involving bare spots and sod, as well as driveway repair, and place four-inch numbers on the building. The hearing was held on July 21, 2004 and no one appeared. The compliance date and fine established by the board was August 20, 2004 or $25 per day. The fine, to date was $5,525.00. Allen Lormont, 281 NE 16th Avenue, appeared on behalf of his mother and reported he had permission to represent her. Mr. Lormont explained his mother received the letter and fixed the driveway the next month. Last month, they received a letter advising about the fine. Mr. Moyer asked whether they notified the board when the driveway repairs were completed. Mr. Lormont advised they had contacted Code Enforcement afterward and they inspected it and advised him it was okay. He did not know whom they spoke with. He also indicated they had no record of an inspection by the City, or a copy of the bill from the contractor who performed the work, nor could his mother find a copy of the receipt of the check she used for payment. 7 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Officer Melillo had a photo taken on March 30, 2005 when the driveway was done and a photo taken before the hearing. Mr. Lormont explained August 2004 was the first contact. Officer Melillo explained the photo was the only photo they could use to document compliance. It was originally sited on May 14, 2004. He explained this matter resurfaced as the result of a refinance. Motion Based on testimony and evidence presented in Case #04-1100, 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, Second Vice Chair Simshauser moved that this Board reduce the fines instituted in Case #04- 1100, by virtue of this Board's Order of July 21, 2004, to an amount of $730.15 including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case #01-591 Josephus McDonald 556 NW 10th Avenue Officer Melillo presented the case and advised the notice of violation was on March 15, 2007 for a violation involving removal of open storage items from the premises and placement of four-inch numbers on the building. The hearing was held on March 16, 2001 and no one appeared. The compliance date and fine established by the board was June 13, 2007 or $25 per day. The fine, to date, was $54,975, plus $634.12 administrative costs. Ashley Cahill, representing the Respondent, announced she was his reverse mortgage broker. She explained in an effort to clarify the matter, the company hired movers to remove storage from the yard and correct the violation. Mr. McDonald had no one to help him. She announced they even had to obtain a truck and tractor to remove very heavy items. She also explained she had been working with Ms. Springer for resolution of the issues. Ms. Cahill explained a reverse mortgage would assist Mr. McDonald to remain in his home. Code Compliance reinspected the premises to ensure the matter was addressed correctly. Chair Costantino inquired whether a maintenance company was hired to come out and ensure the property would be maintained. Ms. Cahill explained there would be and she would also be checking on him. The adjacent property was a church. 8 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Officer Melillo had photos of before and after. Mr. Moyer questioned why the property had not been inspected since 2001 and further inquired if the City failed in this instance. Officer Melillo responded they try to make contact and oftentimes people do not want to part with their belongings. As a result, those items turn out to be outside storage. Mr. Foot suggested recovering the City's costs of $634.12. Motion Based on testimony and evidence presented in Case #01-591, 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, Mr. Moyer moved that this Board reduce the fines instituted in Case #01-591, by virtue of this Board's Order of May 16, 2001, to an amount of $634.12 including administrative costs. Mr. Foot seconded the motion that passed 4-2, (Second Vice Chair Simshauser and Ms. Carroll dissenting.) Case #06-1350 Josephus McDonald 556 NW 10th Avenue Officer Melillo presented the case and advised the notice of violation was on May 31, 2006 for a violation involving removal of storage of outside items from the premises and, in particular, to the driveway area. The hearing was held on July 19, 2006 and no one appeared. The compliance date and fine established by the board was July 29, 2006 or $100 per day. The fine, to date, was $31,800 plus $634.12 in administrative costs. Ashley Cahill, representing the Respondent, announced she was his reverse mortgage broker. This case involved a very old refrigerator on the driveway, along with cinderblock, wires, fencing materials and old landscaping blades. Chair Costantino asked if Mr. McDonald was aware of the liens running on the property at the time he contacted her. Ms. Cahill responded she was not informed of it and she became aware of them when the title company ran a search. She explained the applicant was 85 years old and lived alone. She explained the church does assist him, but she thought the church may not have understood or were unaware of the violations. She advised he comes to the City Commission meetings and was active in the community. She announced, however, her company visited the home about five times before the issues were resolved. Officer Melillo advised Mr. McDonald signed the green card confirming receipt of the notice. 9 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Motion Based on testimony and evidence presented in Case #06-1350, 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, First Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #06-1350, by virtue of this Board's Order of July 19, 2006, to an amount of $634.12 including administrative costs. Ms. Carroll seconded the motion that failed 2-4, (Chair Costantino, Second Vice Chair Simshauser, Mr. Moyer and Mr. Foot.) Motion Based on testimony and evidence presented in Case #06-1350, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #06-1350, by virtue of this Board's Order of July 19, 2006, to an amount of $1,634.12 including administrative costs. Mr. Moyer seconded the motion that failed 3-3. (First Vice Chair Yerz,v, Second Vice Chair Simshauser and Ms. Carroll dissenting.) Motion Based on testimony and evidence presented in Case #06-1350, 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, Second Vice Chair Simshauser moved that this Board reduce the fines instituted in Case #06- 1350, by virtue of this Board's Order of July 19, 2006, to an amount of zero. Ms. Carroll seconded the motion that failed 2-4, (Chair Costantino, First Vice Chair Yerz,v, Mr. Foot, and Mr. Moyer dissenting.) Ms. Carroll announced she would entertain a motion for just administrative costs. She felt the applicant was elderly, and could possibly lose his home if not for the reverse mortgage. She felt Mr. McDonald was going to meetings, but was not certain he fully understood the consequences that a lien was running. She explained she was not certain the church was aware of the issue either. She explained it's common for the elderly to sometimes collect items and keep things that may seem, to others, as having no value. She explained she had observed the condition many times in her work for the state. She thought First Vice Chair Yerzy's earlier motion for just the administrative costs would be appropriate. 10 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Motion Based on testimony and evidence presented in Case #06-1350, 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, First Vice Chair Yerzy moved that this Board reduce the fines instituted in Case #06-1350, by virtue of this Board's Order of July 19, 2006, to an amount of $634.12 including administrative costs. Ms. Carroll seconded the motion that failed 3-3 (Chair Costantino, Second Vice Chair Simshauser and Mr. Foot dissenting.) Motion Based on testimony and evidence presented in Case #06-1350, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #06-1350, by virtue of this Board's Order of July 19, 2006, to an amount of $1000 including administrative costs. First Vice Chair Yerzy seconded the motion that passed 4-2 (Second Vice Chair Simshauser and Ms. Carroll dissenting.) Case #05-257 Jose Mateo 2628 NE 3rd St. Officer Melillo presented this case and advised the notice of violation was sent January 31, 2005 for violations involving sod in the yard and swale areas, removing trash and debris, unlicensed/inoperable vehicles and four-inch house numbers needed on the premises. The hearing date was April 20, 2005 and no one appeared. The compliance date and time was May 20, 2005 or $25 per day. The fine accrual to date was $18,350. Attorney Alexander administered the oath to all persons intending to testify that came in late. Jose P. Mateo was present, and his daughter provided translation services for her father. She advised her father did not have time to clean the property. Her younger brothers brought trash and did not help clean it up. She advised they did clean the premises and sodded the property and front yard. She anticipated the property would be able to be maintained. Officer Melillo had photographs he distributed to the board. Chair Costantino asked how they learned there was a lien on the property. The woman responded they received a letter so they cleaned up the property. The board discussed the first case occurred in January, 2005. There was a second and third case in July of 2006. She 11 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 explained nobody ever came to the hearings. The City sent letters to the property two years ago and no one came forward. She asked why no one came forward until now. The woman explained they received a letter. Ms. Carroll explained the lien on the first case was approximately $18K and the liens for the second and third cases were approximately $67K and $21K respectively. Officer Melillo explained the applicants were in the office several times and there was a language barrier. They used an interpreter and part of the problem was they did not understand. At the time, the applicant was landscaping and- of-way and the driveway had stubs. The home looked very nice now. Chair Costantino asked if it was crystal clear to the applicant that they were not to bring landscaping equipment to the residence. Officer Melillo explained the home looks very nice now. Additionally, the nursery issues were all resolved. The board discussed the manner in which to determine the fines with the three cases. The liens amounted to well over $100K. The total of administrative costs for the three cases amounted to $1,902.36. Ms. Carroll thought the fines should be zero for the first two cases and then the administrative costs should be imposed for the three violations in the motion for the last case. After further deliberation, the board decided to impose administrative costs for each case. Motion Based on testimony and evidence presented in Case #05-257, 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 #05-257, by virtue of this Board's Order of April 20, 2005, to an amount of $634.12 including administrative costs. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #06-1691 Jose Mateo 2628 NE 3rd St. Officer Melillo presented this case and advised the Notice of Violation was July 5, 2006 for violations involving removing trash and debris, unlicensed trailer, outside storage from carport and mow the grass. The hearing date was August 16, 2006 and no one appeared. The compliance date and fine set by the board was August 26, 2006 or $250 per day having 271 days of non-compliance, amounting to $67,750. Motion Based on testimony and evidence presented in Case #06-1691, and having been advised that the Respondent has complied with all lien reduction procedures set forth in 12 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 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 #06-1691, by virtue of this Board's Order of August 16, 2006, to an amount of $634.12 including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #06-1950 Jose Mateo 2628 NE 3rd St. Officer Melillo presented this case and advised the Notice of Violation was July 27, 2006 for violations involving the property being used as a nursery, landscaping equipment being stored on R-1-A property and to cease operating beyond the scope of a home occupational license. The hearing date was September 20, 2006 and no one appeared. The compliance date and fine set by the board was October 20, 2006 or $100 per day. The property complied on May 25, 2007 having 216 days of non-compliance, amounting to $21,600. Officer Melillo had current photographs, which he showed the board. Motion Based on testimony and evidence presented in Case #06-1950, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #06-1950, by virtue of this Board's Order of September 20, 2006, to an amount of $1,134.12 including administrative costs. First Vice Chair Yerzy seconded the motion that passed 4-2, (Second Vice Chair Simshauser and Mr. Moyer dissenting.) There was a question on how to make payment. Mr. Mateo was directed to Diane Springer, Code Enforcement Administrative Associate. Case #05-668 R.R. Jr. & Gayle L. Steventon 3310 E. Atlantic Dr. Officer Melillo reported the Notice of Violation was March 29, 2005 for violations involving sod yard and swale, repair wooden fence, remove trash and debris. Additionally four-inch house numbers and an occupational license is required. The hearing was June 15, 2005, no one appeared. The compliance date and fine set by the board was July 15, 2005 or $25 per day. The property complied on July 10, 2006 having 359 days of non-compliance amounting to $8,975 in fines. Mr. Anthony McCray, 548 NW 45th Drive, Delray Beach, explained he had purchased the property and the violations existed prior to his taking possession of the property in April of 2006. 13 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Mr. McCray indicated he was unaware of the liens on the property when he purchased it. He explained he assumed the property, paid off the mortgage and made repairs. He recently sold the property in May of 2007. Mr. McCray explained he had no idea of the liens until he went to sell the property. The board questioned Mr. McCray on the repairs who reported there was a tremendous amount of trash. There were holes in the roof and the property needed sod, which came in July. Ms. Carroll asked how the compliance date was determined. Mr. McCray explained he took the receipt for the sod to the Code Enforcement Office. He spent about $80K in repairs. The new owners are a family of four that are very happy. Motion Based on testimony and evidence presented in Case #05-668, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #05-668, by virtue of this Board's Order of June 15, 2005, to an amount of $730.15 including administrative costs. Mr. Moyer seconded the motion. There was discussion on whether to hear this case with the second case and the amount that would likely be assessed on the second case. Vote A vote was taken and the motion unanimously passed. Case #05-2538 J.R. Jr. & Gayle L. Steventon 3310 E. Atlantic Dr. Officer Melillo reported the Notice of Violation was November 2, 2005 for violations involving the property being mowed and free of trash and debris. Additionally graffiti needed to be removed from public view. The hearing was January, 18, 2006, no one appeared. The compliance date and fine set by the board was January 28, 2006 or $50 per day. The property complied on April 3, 2007 having 429 days of non-compliance totaling $21,450 in fines. Officer Melillo explained they did have occasion where they were let into the home and the inside was a mess. He noted the property owner was seriously ill and the property was left unkempt as a result. First Vice Chair Yerzy commented the property was tremendously improved and suggested taking that aspect into consideration. Mr. Foot announced this case was the worst he had seen. He hoped the board never saw another scene as the previous 14 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 photographs of the case. There was further discussion on how Mr. McCray could not have been aware of the liens. Mr. Foot thought the board would be remiss if they did not show the public these situations were unacceptable. He thought this kind of situation should be penalized because he took the risk of buying the property on discount. Other members of the board felt he speculated and purchased the property, laid out a substantial amount of money to fix it, and improved the property values in the neighborhood. The neighbors, Ms. Carroll thought, should reward him and was surprised the City did not do anything to get Mr. Steventon removed. She noted although he no longer owned the property, he was willing to come before the board and take responsibility for the liens that were on the property prior to him owning the property. Officer Melillo responded to Ms. Carroll's comments that at one time they tried to plaquard the building, but the homeowner would not let him in. Mr. Anthony McCray, 548 NW 45th Drive, Delray Beach, explained a title search was performed. He did make an attempt to find out about the issue. Motion Based on testimony and evidence presented in Case #05-2538, 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, Second Vice Chair Simshauser moved that this Board reduce the fines instituted in Case #05- 2538, by virtue of this Board's Order of January 18, 2006, to an amount of zero. Ms. Carroll seconded the motion that failed 3-3 (Chair Costantino, Mr. Moyer and Mr. Foot dissenting.) Motion Based on testimony and evidence presented in Case #05-2538, 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, Mr. Foot moved that this Board reduce the fines instituted in Case #05-2538, by virtue of this Board's Order of January 18, 2006, to an amount of $1730.15. First Vice Chair Yerzy seconded the motion that passed 4-2 (Ms. Carroll and Ms. Simshauser dissenting.) B. Cases to be heard Case #07-1378 Location: Violation: Eric Thompson, Arthur Swanberg 1989 Campanelli Blvd. CH15 ART X SEC 15-121:124 15 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Unlawful for registered sexual predator or offender to establish a permanent or temporary residence within 2,500 feet of any place where children regularly congregate Officer Melillo reviewed this case, which was a complaint from the Police Department. Initial inspection date was May 11, 2007 for the above Code section cited. Thirty days was given to comply. Notice was hand delivered on June 15, 2007. There was another hearing and violation that were posted on the property on May 24, 2007 and May 17, 2007 respectively. Arthur Swanberg, 1989 Campanelli Blvd. and Eric Thompson, also residing at 1989 Campanelli Blvd. were present and both pled not guilty. Mr. Swanberg announced he moved to Florida in May of 2003 and was unaware the ordinance applied to a senior citizen area or that there was a bus stop on South 23rd Avenue. A map was provided to him on his request and Officer Melillo clarified the Code encompassed any location where children would congregate. He announced he did not intentionally violate the ordinance and believed his move to Florida preceded the enactment of the ordinance. There was discussion, however, that Mr. Thompson did not live at the location at that time. Mr. Thompson explained he moved in with Mr. Swanberg approximately three months ago. He explained the charge was made in 1996 and under the Florida Constitution he had the right to petition the court for his constitutional rights to be restored. He had a copy of the case and deposition, which was closed in 1998. As of October 1, 1998, certain individuals had the right to petition the court for removal of registration and he was in the process of doing that now. He explained he was a harness driver at Pompano Park. He thought the law was retroactive in 2002 or 2004 and the charge took place in 1996 and announced he had not registered for the first four years after his release. His sentence had no conditions on it, and a deposition from the court indicated the case was closed. Through an organization sponsored by the NAACP, he was in process of having his civil rights restored. He was requesting a stay while he cleared his registration with the State. Mr. Thompson assumed he was actively listed on the state's website. Mr. Thompson explained he was registered with the Boynton Beach Police Department, but was never told by them about the ordinance. He explained he was working diligently to get this resolved and expounded it was hindering his life. He was a companion who took care of Mr. Swanberg daily and he was active with his family. Mr. Thomspon explained Mr. Swanberg became involved in this situation without knowing about Mr. Thompson's past. He explained he had the evidence his rights were 16 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 violated because it was four years from the time he was released and there were no special conditions on his release requiring his registration, because the law was not in effect at that time. Officer Melillo advised this issue came to light when Mr. Thompson was arrested on an warrant from another state and was advised of the City's ordinance and given the notice. The board wanted further information on the other case. Mr. Thompson indicated the warrant stemmed from his racing and thought he was being profiled. Mr. Thompson advised that case was from Illinois and was thrown out. First Vice Chair Yerzy asked whether the NAACP had given any indication of when they might resolve the issue. Mr. Thompson did not know, but would meet with them within the next 24-48 hours. Mr. Foot requested verification whether the board could stay the issue. Attorney Alexander explained the board could take into account any information it wished in order to determine whether a violation had occurred. The board had the right to table any issue it would like to table, which would parallel, in legal terms, a stay and would have the same effect. Mr. Thompson proffered a copy of his sentence and deposition from Palm Beach County showing the case was closed, in furtherance of his pursuit of exemption from the registration law. Attorney Alexander explained the ordinance requires anyone required to register as a sexual offender, even if the offense took place before the ordinance was enacted. If they were required to register and lived within 2500 feet of where children would normally congregate, then the board could consider it a violation of the current Code of Ordinances. Mr. Thompson discussed the distance from a bus stop, but it was noted there was a private park in a nearby neighborhood. He explained the law stated anyone released prior to October 1, 1998, having 10 years without any further incidents, could petition the courts for their civil rights to be restored. Mr. Thomspon explained he met that criteria. Mr. Swanberg commented the ordinance effectively prohibited them from living anywhere in Boynton Beach. Chair Costantino explained their issues were to determine whether he was in violation and if he was required to check in with the Police Department on a regular basis. She noted petitioning the court does not guarantee a restoration. 17 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 The board discussed other issues such as how much time would be appropriate for him to make other living arrangements. The board noted there was no question he resided within 2,500 feet where children would congregate but they also noted school was out. Mr. Thomspon clarified he was only looking for a temporary stay. The board deliberated whether he could clear the matter within 45 days with the documents, and then come back to the board. If so, the matter would go away and he would not have to register any more. If he could not, she recommended he commence looking for alternate living arrangements for himself and other care arrangements for Mr. Swanberg. Motion Based on the testimony and evidence presented in Case #07-1378, Ms. Carroll moved that this Board find that Arthur Swanberg and Eric Thompson are in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondents correct the violations on or before August 12, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondents and any previous violations by the Respondents and hereby orders that if the Respondents do not comply with this Order, a fine in the amount of $50 per day for each day the violation continues past August 12, 2007 plus administrative costs shall be imposed. The Respondents are further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re-evaluation of the property to verify compliance with this Order. First Vice Chair Yerzy seconded the motion that unanimously passed. Case #07-1537 Location: Violation: Connie Carrier, Mario Carrier 428 NE 20th Avenue CH15 ART X SEC 15-121:124 Unlawful for registered sexual predator or offender to establish a permanent or temporary residence within 2,500 feet of any place where children regularly congregate Code Officer Melillo reported the initial inspection occurred on May 23, 2007, thirty days was given to comply. This case arose from a complaint by the Police Department. Individual service was obtained on Mario Carrier via signature on May 24, 2007. On June 25, 2007, Connie Carrier signed for the hearing notice. Mario Carrier, 428 NE 20th Avenue, pled not guilty. He explained he was living in Boynton at the Golden Sands Inn. He completed probation in September 2005, and they lifted all the stipulations. He had planned on living with his mother but was then advised of the ordinance. He explained he resided at that residence all his life, except for when he was incarcerated. He recently became employed at Dominos and he 18 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 thought he was grandfathered into Boynton, not the specific address. He agreed to move, but needed some time to save the money. Officer Melillo explained the charge and Mr. Carrier provided additional details about his arrest. Mr. Carrier explained the requirements for him varied from the City, State and Cou nty. Angela Carrier, was present and explained he was living with his sister at the time of his arrest, and he also returned there after his arrest. Officer Melillo reported there were five areas where children would congregate and that were within 2,500 feet from where he was living. Ms. Carrier confirmed they were willing to move, but elaborated the City was making it impossible to find a location. She requested 90 days to find another living arrangement. Connie Carrier, the homeowner pled no contest. Officer Melillo explained they served both Mario Carrier and Connie Carrier on June 25, 2007. First Vice Chair Yerzy asked how long it would take. Mr. Carrier explained both he and his wife just started new jobs, but he only made minimum wage. Connie Carrier was distraught about the proceedings and a Police Officer escorted her out of the chambers. Mrs. Carrier explained her husband does have to remain in contact with the Police Department. He advised he sold nearly everything he owned to pay his legal expenses and just needed time. Mr. Carrier acknowledged he was involved in an incident, but it actually involved his brother. Angela Carrier explained as a result of that incident, she lost her job, and just recently became re-employed. The board discussed the amount of time to allow and the board's obligation to ensure the safety and welfare of the publie. Mr. Foot thought allowing 45 days, until August 12th would suffice. Mr. Carrier could come back into the board if he vacated prior to that date. The board also discussed if there were any way a judge would be able to grandfather the Respondents in, but it was determined that was something they would need to pursue. The board noted Mr. Carrier and his wife, Angela, were married nearly four years. Motion Based on the testimony and evidence presented in Case #07-1537, Mr. Moyer moved that this Board find that Mario Carrier is in violation of the City of Boynton Beach Code Sections cited and moved to Order that the Respondent correct the violations on or 19 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 before August 12, 2007. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous violations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $25 per day for each day the violation continues past August 12, 2007 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division in order to arrange for re- inspection of the property to verify compliance with this Order. Ms. Carroll seconded the motion that unanimously passed. Attorney Alexander requested Connie Carrier be included in the motion. Motion Mr. Moyer amended his motion to include Connie Carrier. Ms. Carroll agreed to the amendment. A vote was taken and unanimously passed. Case #06-193 Omari Murray 238 SW 5th Avenue Officer Melillo reviewed the case and the details. The violation date was January 30, 2006 for a violation involving an occupational license. The hearing was March 15, 2006 and no one appeared. The compliance date and fine established by the board were March 30, 2006 or $100 per day. The property complied on March 20, 2007, having 354 days of non-compliance, amounting to a total of $35,400. The lien was reduced to $250. Officer Melillo explained the Code Enforcement Office learned the board gave a lien reduction to someone who did not own the property. An excerpt of the prior Code Enforcement Board proceedings indicated Ms. Bornstein was going to purchase the property and had a contract to purchase it from Mr. Murray. Ms. Bornstein explained there was litigation and in order for her to get the house, the liens needed to be reduced, which did not occur. Mr. Murray was trying to obtain the property from Mr. Marcellus and Mr. Marcellus was actually the owner. It was noted Ms. Bornstein, who had indicated she wanted to live in the house, had a different address. Attorney Alexander explained if the board reconsidered the matter, it would be as if the case was before the board for the first time. Motion Based on testimony and evidence in Case #06-193, and having been advised that the Respondents have complied with all lien reduction procedure set forth in Section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Second Vice Chair 20 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, Florida June 28, 2007 Simshauser moved that the fine instituted in Case #06-193, by virtue of this Board's Order, remain as stated in said Order plus administrative costs. Attorney Alexander explained that last week the board rescinded the reduction of the lien, not the order imposing the lien. If it was determined the applicants would appeal to the City Commission the information would be conveyed to the City Commission and the members At that point the board would attend the meeting to enforce their determination. There was agreement the board felt they were deceived by a dishonest individual. Vote First Vice Chair Yerzy seconded the motion that unanimously passed. VI. Adjournment Motion First Vice Chair Yerzy moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting properly adjourned at 5:53 p.m. 'I ;-, 1 I ( : ,ICJ~lJ\J). ~"J\/Vl{ a~ Catherine Cherr"'-Guberman Recording Secretary 21