Loading...
Minutes 03-17-99 MINUTES OF THE CODE COMPLIANCE BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, MARCH 17, 1999 at 7:00 P.M. PRESENT Christopher DeLiso, Chairman Scott Blasie, Code Compliance Mark S. Frederick, Vice Chairman Administrator Bob Foot Nicholas Igwe, Assistant City Patti Hammer Attorney Dick Lambert James Miriana Enrico Rossi Larry Finkelstein Alternate I. CALL TO ORDER Chairman DeLiso called the meeting to order at 7:10 p.m. II. APPROVAL OF MINUTES OF FEBRUARY 19, 1999 MEETING Chairman DeLiso called for a motion to approve the minutes of the February 19, 1999 meeting. Motion Mr. Miriani moved that the minutes of the February 19, 1999 meeting be approved. Motion seconded by Ms. Hammer. Mr. Foot inquired why the Agenda for tonight’s meeting was so small. Chairman DeLiso informed him that the Code Compliance computers were down all month and no new cases were cited. Chairman DeLiso noted if the problem is rectified, next month’s meeting may be split over two days, depending upon how many new cases were cited. Motion unanimously carried. III. APROVAL OF THE AGENDA Chairman DeLiso asked Mr. Blasie if there were any additions or deletions to the Agenda. Inspector Blasie said there was none. MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Chairman DeLiso called for a motion to approve the Agenda. Motion Mr. Lambert moved that the Agenda be approved. Motion seconded by Vice Chair Frederick. Motion unanimously carried. Chairman DeLiso instructed Mr. Blasie to call the roll. Mr. Blasie requested that all persons who were present this evening to please respond by saying “here”. IV. SWEARING IN OF WITNESSES AND INTRODUCTION Chairman DeLiso instructed the Recording Secretary to administer the oath to all persons who would be testifying this evening. V. OLD BUSINESS LIEN PENALTY CERTIFICATION (Previously tabled) Case #98-2168 Lucio & Marian Garcia 3245 E. Palm Drive 7888 S. Military Trail Lake Worth, FL 33460 Mr. Blasie stated that the property was originally cited on July 13, 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on October 21, 1998 and a compliance date and fine was set for December 14, 1998 or $25.00 per day. The property is not yet in compliance and Mrs. Garcia did appear at the January 20, 1999 meeting. Motion Based on the testimony and evidence presented in Case No. 98-2168, and having considered the gravity of the violations, the actions taken by the Respondents, and any and all previous violations committed by the Respondents, Mr. Lambert moved that this Board find that Lucio and Marian Garcia have violated this Board’s prior Order of October 21, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondents come into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Foot. 2 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Motion carried 7-0. Case #98-2174 Manor Care of Boynton Beach, Inc. 3001 S. Congress Ave. 11555 Darnestown Road Gaithersburg, MD 20878 Mr. Blasie stated the case had been previously tabled because there was a problem of getting notice to the respondent and also a new Administrator is now in charge. Mr. Blasie stated the property has complied and staff recommends no fine or administrative costs. Motion Based on the testimony and evidence presented in Case No. 98-2174, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondent, Manor Care of Boynton Beach, Inc. was in violation of Code Section Chapter 15, Article IX-15-120 (B), subsequent to the date of compliance specified in this Board’s Order of October 21, 1998. Mr. Lambert moved that this Board find that the Respondent failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case #98-3372 Hampton Enterprises, Inc. 101 NE 12 Avenue P.O. Box 12060 Charlotte, NC 28220 Mr. Blasie said that the case was originally cited on September 18, 1998 for violations of the Land Development Regulations, Chapter 20, Article VII, Section 2.A and 2.H and first came before the Board on November 18, 1998. A date and fine was set for December 14, 1998 or $25.00 per day. The property is not yet in compliance and the case was previously tabled because some work had been performed. No one has appeared at any of the hearings and the violations still exist. Mr. Lambert inquired if some of the violations have been corrected and Mr. Blasie said some of the violations have been corrected. Chairman DeLiso inquired what Hampton Enterprises, Inc. was and Mr. Blasie said it was a small church on North Seacrest and th NE 12 Avenue. Mr. Blasie said he has had no contact with the violators. 3 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Motion Based on the testimony and evidence presented in Case No. 98-3372, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Hampton Enterprises, Inc. has violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine in this case. Motion seconded by Mr. Foot. Motion carried 7-0. th Case #98-3455 Marta R. Pehouhy 152 SE 28 Avenue Mr. Blasie stated that the property was originally cited on September 28, 1998 for violation of the City’s Community Appearance Code. The case first came before this Board on November 18, 1998 and a date and fine was set for January 18, 1999 or $25.00 per day. Mr. Blasie said the property is not yet in compliance. The respondent appeared at the last hearing and Ms. Pehouhy was present with her attorney. It was explained to them at that time that they needed to come into compliance before this meeting and as of today, the property is still in violation. Chairman DeLiso inquired if any work had been done. Mr. Blasie said a lot of work has been done, but a lot of trash and debris still remains in the front yard. Mr. Blasie noted that this property owner has received numerous violations from the City, including animal control violations. Motion Based on the testimony and evidence presented in Case No. 98-3455, and having considered the gravity of the violations, the actions taken by the Respondent, and any and all previous violations committed by the Respondent, Mr. Lambert moved that this Board find that Marta R. Pehouhy has violated this Board’s prior Order of November 18, 1998, and this Board impose and certify a fine in the amount of $25.00 per day, plus administrative costs which shall continue to accrue until the Respondent comes into compliance or until a judgment is entered based upon this certification of fine. Motion seconded by Mr. Miriani. Motion carried 7-0. 4 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 th Case #98-1636 James and Patricia Jenkins, Jr. 304 NW 6 Avenue Mr. Blasie stated the property was originally cited on April 14 1998 for violation of the City’s Community Appearance Code. The case first came before the Board on September 16, 1998 and a date and fine was set for November 17, 1998 or $25.00 per day. Mr. Blasie stated the property complied on February 4, 1999, or 78 days of non- compliance. Mr. Blasie stated there had been a death in family and Mrs. Jenkins had passed away. Also, the violator was having financial difficulties and did apply through Community Improvement and received sod and that is how the property complied. Staff recommends no fine in this case. Motion Based on the testimony and evidence presented in Case No. 98-1636, Mr. Lambert moved that this Board find, as a matter of fact, that the Respondents, James and Patricia Jenkins, Jr. were in violation of Code Section Chapter 15, Article IX-15-120 (D) 1, INC., subsequent to the date of compliance specified in this Board’s Order of September 16, 1998. Mr. Lambert moved that this Board find that the Respondents failed to comply with this Board’s Order and that this Board impose and certify no fine or administrative costs in this case. Motion seconded by Ms. Hammer. Motion carried 7-0. B. LIEN REDUCTIONS th Case #97-909 Peter Browne 117 SE 12 Avenue 797 Chuckner Road Delray Beach, FL 33483 Mr. Blasie stated that the case was initiated against the previous owner, who was Julian A. Velez and was originally cited on February 10, 1997 for Community Appearance Code Violations for grass and driveway maintenance. The case first came before the Code Compliance Board on June 18, 1997 and Mr. Velez appeared at the hearing and pled no contest and requested 30 days for compliance. The property did not comply and the fine was certified on September 17, 1997. No one appeared at the hearing. Mr. Blasie said the City’s lien was recorded on October 6, 1997 and in June 1998 the house became vacant and unsecured. In October 1998 the Bank took title to the property and in November 1998 Peter C. Browne received title to the property. Mr. Blasie stated the property is in compliance and the total fine is $3,625.00, plus 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 administrative costs, which total $826.18. Compliance date was December 8, 1997. Mr. Blasie presented photographs for the Board’s inspection. Vice Chair Frederick inquired about the discrepancy in the dates of compliance. Vice Chair Frederick noted the file says that Peter Browne came into the Office and advised that the property was in total compliance on March 14, 1999, however compliance date is noted as December 8, 1997. Mr. Blasie stated that the violation that was originally cited was complied on December 8, 1997. Since December 8, 1997 until March 14, 1999, the property fell out of compliance. Mr. Blasie stated that the grass that had been planted died and now the property has new grass. Vice Chair Frederick noted that the property was never cited again after December 8, 1997, even though the property fell out of compliance after that date and Mr. Blasie said that was correct. Chairman DeLiso requested that the respondent take the podium. Mr. Peter Browne, 797 Chuckner Road, Delray Beach, Florida took the podium and informed the Board that he just learned last week that the property had a $4,200 lien. Mr. Browne said he paid $650 for a title insurance policy, which says the property did not have a lien. Mr. Browne said he purchased the property from David Stern’s Office, which is a foreclosure company in Hollywood, Florida and at no time did they indicate that there were liens on the property. Mr. Browne said as soon as he learned about the violations, he placed new sod on the lawn and straightened out the driveway apron and is continuing to make improvements to the property. Mr. Browne said that none of this is his responsibility. Vice Chair Frederick inquired when the violator purchased the property and he said he purchased the property about one and one-half months ago. Chairman DeLiso asked why the title company would not protect the violator. Mr. Browne said he has a copy of the closing statement, which says he paid for title insurance. Mr. Browne said his attorney stated he could challenge the title company. Mr. Browne said he has since sold the property to a young family and they anticipate closing by the end of the month, but if he went into litigation over the title insurance, he would not be able to sell the house. Chairman DeLiso said if the title search company did their job properly, the lien would have showed up. Chairman DeLiso further stated that the violator purchased property and that someone didn’t do their job and now the violator is asking for a lien to be dropped based on the fact it wasn’t the violator’s fault. Chairman DeLiso noted that the City needs to recoup its out of pocket expenses. Chairman DeLiso inquired why the violator did not bring a claim against the title company. Mr. Browne said he did and the title company told him what his recourse was. Mr. Browne said his attorney told him that he can bring an action against the title company, but this could take six months. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Mr. Browne says he has been rehabilitating houses in the City for over 20 years and tries to help young couples obtain homes and is seeking leniency from this Board. Vice Chair Frederick inquired when the violator first became aware there was a lien on the property. Mr. Browne said last week when he tried to sell the property, his title company found the lien. Mr. Foot pointed out that the City has spent over $800 in administrative costs and that the violator should seek recourse against the title company, whether or not the $25.00 per day is sustained. Mr. Foot said this Board in all probably would move that the $826.18 in administrative costs would be upheld. Mr. Browne did not think he could avail against the foreclosure company. Mr. Browne said he could pay half the administrative costs. Mr. Lambert noted that the case would next go before the City Commission and Mr. Browne said he would bring more material when he appears before the Commission. Vice Chair Frederick inquired what this meant and Mr. Browne said he would present a different picture to the Commission. Mr. Lambert noted that the City Commission usually agrees with this Board’s decision. Ms. Hammer inquired what this additional material was and Mr. Browne said that he would point out that he spent 20 years beautifying and remodeling homes in this town and has been helping families get homes in Boynton Beach. Ms. Hammer pointed out that while Mr. Browne has been doing all this beautifying, he has made money on these houses. Motion Based on the testimony and evidence presented in Case No. 97-909, 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. Lambert moved that this Board recommend to the City Commission that the fine instituted in Case No. 97-909, by virtue of this Board’s Order of June 18, 1997, be reduced to $826.18 in administrative costs. Motion seconded by Ms. Hammer. Mr. Miriani stated that the title company should be responsible for the lien and the violator should sue the title company, which is their responsibility. Chairman DeLiso requested that the Recording Secretary call the roll. 7 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Chairman DeLiso - Yes Mr. Foot No Vice Chair Frederick No Ms. Hammer Yes Mr. Lambert Yes Mr. Miriani No Mr. Rossi Yes Motion carried 4-3. st Case No. 97-3295 Joseph & Brenda Jones 1910 NE 1 Lane (Lender’s Associates Home Equity Services, Inc.) Mr. Blasie said that Megias, McCabe & Samiljen represent Lender’s Associates Home Equity Services, Inc. and a representative from that firm is present this evening. Lender’s Associates took title to the property on August 25, 1998. Mr. Blasie said the property was originally cited on September 5, 1997 as the result of a red tag written by a City Inspector who is no longer with the City. The violation resulted from an air conditioning system being installed that did not pass final inspections. Mr. Blasie said the case first came before the Code Compliance Board on November 19, 1997 and no one appeared and service was made by posting. The lien was recorded on February 17, 1998. On December 11,1998 the legal firm inquired what had to be done to meet compliance and the property complied on December 18, 1998. Mr. Blasie presented photographs of the property to the Board. Chairman DeLiso inquired if the property was occupied and Mr. Blasie was uncertain and said there were no vehicles parked in the driveway. Attorney Steve Samiljen took the podium and stated he lived at 1455 Woodale Terrace, Wellington, Florida and stated his law firm represented the lender who foreclosed on the property and the property has subsequently been sold. Mr. Samiljen said he was not certain if the property is occupied, but the property has been transferred. Mr. Samiljen stated that the lien went on record on February 17, 1998 and the lender started foreclosure proceedings in April 1998 and took title on August 25, 1998. The property complied on December 18, 1998. Chairman DeLiso inquired how the lender could sell the property with the lien remaining and Mr. Samiljen stated some funds were held in escrow pending a lien reduction 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 request. Mr. Samiljen said the lender would be willing to pay the administrative expenses. Chairman DeLiso asked Mr. Blasie how long it took the lender to bring the property into compliance from the date it took the property over. Mr. Blasie stated over three months. Mr. Samiljen stated their law firm had difficulty getting the former owners off the property and had to get a writ of possession to remove them from the property. Mr. Rossi asked how the City determined that the violation had been corrected. Mr. Blasie stated the property was red tagged because the air conditioner did not have a filter and cavities by the grill return needed sealing, which were very minor violations. Motion Based on the testimony and evidence presented in Case No. 97-3295, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City Commission that no fine be assessed and only the administrative costs of $634.12 be instituted in Case No. 97- 3295. Motion seconded by Mr. Rossi. Motion carried 7-0. Vice Chair Frederick inquired what the notation of “Southeast Title called wants pay-off amount” means. Mr. Blasie said this refers to pay-off of the lien. Mr. Blasie said that the Code Compliance Office gets inundated with calls for pay-off numbers and staff is in the process, in conjunction with Mr. Igwe’s Office, to follow up on foreclosures. The liens are being entered into a separate computer program that will give daily pay-off figures. Chairman DeLiso inquired if the City was doing more on the foreclosures and Mr. Blasie said that the City Attorney’s Office is moving forward with the foreclosures. C. PREVIOUSLY TABLED CASES th Case No. 98-4142 Ramona Wright 201 NE 26 Avenue th 332 NE 13 Avenue Boynton Beach, Fl Mr. Blasie stated the property complied. th Case No. 98-4143 Veoletta Wright 301 NE 26 Avenue 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 th 332 NE 13 Avenue Boynton Beach, FL Mr. Blasie stated the property complied. th Case No. 98-3509 Barbara Watson 141 SE 25 Avenue Mr. Blasie requested the Board table the case until the June meeting. The respondent’s property will be included in the Great Beautiful Palm Beach Clean-up which takes place shortly. Mr. Blasie said that the large truck has been removed and the respondent is receiving assistance from the Community Improvement Office. Motion Mr. Lambert moved that Case No. 98-3509 be tabled until the Code Compliance Board Meeting to be held on June 16, 1999. Motion seconded by Mr. Rossi. Motion carried 7-0. th Case No. 98-882 I. & Ruth Davis 501 NW 5 Street Mr. Blasie requested the case be tabled until the June meeting. The respondents have applied and are receiving assistance from the Community Improvement Office. Motion Mr. Lambert moved that Case No. 98-882 be tabled until the Code Compliance Board Meeting to be held on June 16, 1999. Motion seconded by Mr. Miriani. Motion carried 7-0. VII. OTHER BUSINESS A. AUTHORIZATION TO FORECLOSE Case No. 98-1383 Roger Quisenberry Case No. 98-1391 Aparicio & Gloria Giron Case No. 98-1395 Paul & Mary Savage Case No. 98-954 Hazel & Percival Rowe Case No. 96-4220 E. & Zelma McGrady Case No. 97-1996 T. Ryan & D. Gerhard 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA MARCH 17, 1999 Motion Mr. Lambert moved that the cases listed on tonight’s Agenda be forwarded to the City Attorney’s Office for foreclosure. Motion seconded by Ms. Hammer. Motion unanimously carried. VIII. ADJOURNMENT Motion Mr. Foot moved that the meeting adjourn. Motion seconded by Ms. Hammer. The meeting properly adjourned at 8:05 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (one tapes) 11