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Minutes 09-27-07 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION BOARD MEETING HELD ON THURSDAY, SEPTEMBER 27, 2007, 3:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Richard Yerzy, First Vice Chair Lisa Simshauser, Second Vice Chair Kathleen Carroll Kathy Cook Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Robert Foot George Moyer I. Call to Order Chair Costantino called the meeting to order at 7:00 p.m. II. Approval of Agenda Motion First Vice Chair Yerzy moved approval of the agenda as presented. Ms. Carroll seconded the motion that passed unanimously. III. Approval of 7/18/07 Minutes 1. Page 3, Case #07-1825 - Pete Melillo should be Mike Melillo. 2. Page 18 - Case #07-1555 - Motion paragraph should read Mr. Yerzy, not Yerzy. 3. Page 23 - Case #07-926 - Compliance date should be 8/17/07, not 7/28/07. Motion First Vice Chair Yerzy moved approval of the minutes, with the understanding the corrections noted would be made. Ms. Carroll seconded the motion that passed unanimously. 1 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 27,2007 IV. Swearing in of Witnesses and Introduction Attorney Tolces administered the oath to all who would be testifying. V. New Business A. Lien Reduction Case #06-2888 Kenneth R. Hall 110 SE 3rd Avenue Scott Blasie, Code Compliance Administrator, presented the case. Mr. Hall was originally cited on November 9, 2006 for violations of Chapter 15-Article IX-15- 120(D).lA, consisting of vehicles in the driveway, which were unlicensed and inoperable. The case came before the Code Compliance Board on December 20, 2006, and the respondent did appear. The board established a compliance date of January 19, 2007, or a fine of $50 per day. Staff documented compliance on June 14, 2007. There were 145 days of non-compliance at $50 per day, plus the noted administrative costs. Mr. Blasie believed part of the delay in compliance was caused by Mr. Hall's attempt to sell the automobile, which he subsequently was able to do. Mr. Blasie distributed photographs for the board's review. Photographs were taken on November 8, 2006, December 19, 2006, January 22, 2007, and two digital photos were taken at 12: 10 p.m. this date. Mr. Blasie presented the photographs to Mr. Hall as well. Mr. Hall apologized for involving the board and Mr. Blasie's office. He had been a long- time citizen of the community and a 20-year employee of the City. He advised he received the first notice of citation in the mail. He believed the Code Officer should have advised him of the violations prior to the notice being filed, with reasonable time provided to remedy the violations. When he appeared before the board, he requested additional time within which to sell his antique vehicle. The City allowed 30 days. He had two cars, one of which did not have a current tag. The other, which was an antique, was protected by an unattractive cover which he did not want to replace, as he would be selling the vehicle. Mr. Hall did not attend the next Code Compliance meeting, as he was ill, and was unable to advise the board the unlicensed car had been removed from his property and that he purchased a new cover for the antique car. At the suggestion of Mr. Blasie, Mr. Hall sent a letter to the Chair, enclosing photographs of the car with the new cover, and providing information as to the value of the car. He contended he did not realize he was required to remove the car from his property, as the original citation did not provide for such removal. He believed the Code provided an exemption for antique automobiles, and did not address the appearance of the vehicle. Additionally, he 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 27,2007 believed as long as the vehicle was protected by an attractive cover, this would satisfy any community appearance requirement. Chair Costantino inquired whether Chapter 15, Article IX-15-120(D). required the vehicles to be licensed and operable. Mr. Blasie pointed out Chapter 10 of the Code contained a provision for exempting antique or classic automobiles, as long as tags were affixed denoting the cars were antique or collectible vehicles. This case was cited under Chapter 15 of the Community Appearance Code. It was a judgment call upon the part of staff and the board whether the vehicle was determined to be derelict or abandoned. Chapter 15 was introduced to upgrade the appearance of neighborhoods in the City. Mr. Blasie explained to Mr. Hall, under the Community Appearance Code, staff considered the vehicle to be derelict, and the case was presented to the board in this manner. Mr. Blasie believed Mr. Hall would have removed the vehicle from his property had he known earlier that was the only avenue available to him under the Community Appearance Code. Mr. Hall indicated the vehicle in question was a 1964 Chevrolet Supersport Impala. He added the definition in the Code provided for any car over 35 years or older to be classified as an antique. Mr. Blasie added the Code also required the vehicle to be registered as an antique, with the blue tag affixed to the vehicle, denoting its antique status. Mr. Hall's vehicle was not registered as an antique or collectible, and therefore did not have the blue tag affixed thereto. Attorney Tolces pointed out the exemption for the antique or collectible applied only to Code Section 10-52. Mr. Hall was cited under Section 15-120(D), which did not provide for the exemption. Chair Costantino pointed out Mr. Hall was advised on more than one occasion that a car cover would not resolve the issue. Additionally, had Mr. Hall elected to house the car in the garage, the issue would have been resolved. She also pointed out, at the original hearing, the board explained to Mr. Hall that he was required to comply with the Code. The minutes of the December 20, 2006 meeting attended by Mr. Hall, indicated the board elucidated even though Mr. Hall had a cover on the vehicle, the board did not accept this "band-aid" approach to the violation. The board requested he remove the vehicles from his property and provided an additional 30 days in which to accomplish this. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida September 27, 2007 Motion Based on the testimony and evidence presented in Case #06-2888, 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 fine instituted in Case #06-2888, by virtue of this board's order of December 20, 2006, to the amount of $700, including administrative costs. Ms. Cook seconded the motion that passed 4-1 (Chair Costantino dissenting). Mr. Blasie explained the City's ordinances required the board's decision be reviewed by the City. Once the minutes were forwarded to the City Commission, they had seven days to pull the item and have it reviewed at a City Commission Meeting, if they so desired. Mr. Hall also had the same option under the Code. If Mr. Hall wished to pursue that avenue, he would need to contact Mr. Blasie or Ms. Springer within the week, and they would arrange for the item to go before the City Commission. The lien would be released upon payment of the administrative costs, which could be paid upon completion of the seven-day review. Mr. Blasie suggested Mr. Hall have his lending institution contact Ms. Springer, who would provide a letter informing them of the board's ruling. VI. Adjournment First Vice Chair Yerzy moved to adjourn. Second Vice Chair Simshauser seconded the motion that passed unanimously. The meeting adjourned at 3:27 p.m. }Jt- Stephanie D. Kahn Recording Secretary 10-03-07 10-03-07 4