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Minutes 03-26-09 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD ON WEDNESDAY, MARCH 26, 2008, AT 3:00 P.M., IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Michelle Costantino, Chair Richard Yerzy Kathleen Carroll Robert Foot Mark Karageorge Kirk LaRock James Brake, Alternate Scott Blasie, Code Compliance Administrator David Tolces, Assistant City Attorney ABSENT: Jamie LaTour I. Call to Order Chair Costantino called the meeting to order at 3:00 p.m. II. Approval of Agenda Motion Mr. Yerzy moved to approve. Ms. Carroll seconded the motion that passed unanimously. III. Swearing in of Witnesses and Introduction Attorney Cherof administered the oath to all who would be testifying. IV. New Business Case #09-412 Joyce Martin 180 Temple Avenue CO CH4 SEC.4- 36 CO CH4 SEC.4-37 CO CH4 SEC.4-4(A) All cats must have current tags 1 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 and must be registered with Palm Beach County. Proof of rabies vaccinations must be submitted. Clean and sanitary conditions must be provided to prevent odors. Liz Roehrich, Animal Control Supervisor and certified Code Compliance Officer, presented the case and reviewed the details of the violations. The case had originated from citizens' complaints in October 2007 which led to the seizure of 11 cats. The Respondent's home had been declared unfit for human habitation, and Ms. Martin pled guilty to criminal charges, and a plea agreement had been entered. This case had been tabled at the March 18, 2009 Code Compliance Board meeting to provide an opportunity for Officer Roehrich to inspect the Respondent's home. She inspected the premises on March 20, 2009, and found it to be in satisfactory condition with no existing violations. Officer Roehrich had attempted to inspect the home over the last four months, and as Ms. Martin would not permit access, Officer Roehrich was requesting the issuance of a Cease and Desist Order. William Ridings, 2211 SE 11th Street, Pompano Beach, advised he was the attorney representing Ms. Martin. Joyce Martin, 180 Temple Avenue, was present. A clarification was requested as to the violation. Officer Roehrich explained the violation was for unsanitary conditions, which had been cured as of March 20, 2009. While there were no violations at this time, previous violations had continued for some time before being remedied. Officer Roehrich noted it would be necessary to monitor the property pursuant to the criminal plea agreement. Ms. Martin was scheduled for sentencing on April 23, 2009 in Criminal Court. Officer Roehrich introduced into evidence five photographs of Ms. Martin's home taken prior to the violations having been cured. It had been previously noted Ms. Martin was caring for two cats that belonged to a terminally ill friend and as such, exceeded the amount of cats allowed in the home. Officer Roehrich explained an older cat belonging to Ms. Martin's ill friend was contained in one room in the home and would only be there temporarily. While she did not wish to penalize Ms. Martin, she wished to ensure there would be no other cats in the home. 2 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 Motion Based on the testimony and evidence presented in Case #09-412, Mr. Karageorge moved that a Cease and Desist Order be issued giving Joyce Martin until March 27, 2009, as the Respondent had complied with the violations of City of Boynton Beach Code sections as cited. 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 a fine in the amount of $50 per reocurrence of the violation thereafter shall be imposed upon the Respondent. The motion was duly seconded. Chair Costantino believed a more excessive fine would serve as a deterrent. Motion Mr. Karageorge amended his motion to increase the fine to $150.00. The motion was duly seconded and unanimously passed. Attorney Cherof noted the photographs would be maintained as evidence in the proceeding and filed with the original minutes in the Office of the Clerk. Scott Blasie, Code Compliance Administrator, advised the City's ordinances required the Board's decision on lien reductions be reviewed by the City Commission. As such, completed minutes of the meeting would be forwarded to each City Commissioner for review. The Commissioners and the applicant had seven days to review the Board's Order and request an additional review at a City Commission meeting. If no such request was made within seven days, the Board's decision would be final. Case #07-3118 Elie and Marie Macius 420 NW 7th Street Mr. Blasie advised the Respondents had been originally cited on November 1, 2007 for violations to the City's Community Appearance Code. The property had been overgrown and filled with trash and debris, and the removal or replacement of the broken fence was necessary. The case had been presented to the Board on December 19, 2007, and no one had appeared. The Board had established a compliance date of December 29, 2007, or a fine of $100 per day. Staff had documented compliance on February 2, 2009, which amounted to 400 days of non-compliance, plus administrative costs. Mr. Blasie noted the property was in foreclosure and copies of the lis pendens and final judgment were on file with Code Compliance. The City had filed its lien after the lis pendens had been issued and the final judgment entered. Photographs of the front 3 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 and the back yards were provided, evidencing an above-ground pool as well as decking and fence material, all of which had since been removed from the property. Joshua Geller, Premier Realty, 3475 Sheridan Street, #210, Hollywood, advised he was the real estate agent managing the property for Washington Mutual Bank. Representatives of the Bank were aware Mr. Geller was present on the Bank's behalf. Attorney Cherof verified this was sufficient. The property was currently under contract, and a closing was scheduled for March 30, 2009. It was noted a balance of $803.51 had previously been past due on a water account. Mr. Geller advised he had been assigned to the property on September 22, 2208. He had contacted a locksmith, and the lock had been re-keyed on September 24, 2008. He solicited bids regarding clean-up of the property. Mr. Geller contended he had no knowledge of the violations against the property, and had only been recently notified of the liens by the title company. Mr. Geller noted a bid in the amount of $995 had been submitted to the Bank on October 7, 2008 to remove the above-ground pool and gut the interior and exterior of the building. After the Bank approved the bid and authorized the work, the trash and debris were removed from the property. The grass was initially mowed on September 27, 2009, and since that date, has been mowed twice a month. Mr. Geller contended he had taken measures to repair the broken fence and secure the shed immediately upon learning of the violations. He had also paid the outstanding water bill. Mr. Geller requested the fine be reduced as much as possible. As the property had only recently been brought into compliance, Mr. Foot suggested 5% of the accrued fine of $40,000, plus administrative fees, be imposed. Motion Based on testimony and evidence presented in Case #07-3118, and having been advised that the Respondents have 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 #07-3118, by virtue of this Board's Order of December 19, 2007, to an amount of $2,634 including administrative costs. Mr. Yerzy seconded the motion that unanimously passed. Case #09-580 Lawrence and Elizabeth McLaughlin and Andres Meneses 8244 White Rock Circle CO CH15 SEC.15-123 and 124 4 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 It is unlawful for a registered sexual predator or offender to establish a permanent or temporary residence within 2,500 feet of any place where children regularly congregate. Mr. Blasie noted the Respondents were not present. Attorney Cherof advised it would be necessary to establish notice in order for the case to proceed. Mr. Blasie reported the Notice of Hearing for the March 26, 2009, 3:00 p.m. Code Compliance Board meeting had been hand-delivered and signed by Mr. Meneses, of 8244 White Rock Circle, on February 28, 2009. The Notice of Violation had also been hand-delivered and signed by Mr. Meneses on February 28, 2009. Mr. Blasie reported the Notice of Violation had been individually served upon Respondent, Elizabeth McLaughlin, by the officers accompanying Officer Webb on February 28, 2009. Service of the Notice of Hearing had been attempted upon Ms. McLaughlin on March 12, 2009 by the police officers who had accompanied Officer Webb on February 28, 2009. Mr. Blasie entered into evidence Exhibit "F," a police narrative reflecting Ms. McLaughlin's refusal to sign for the Notice of Hearing. Mr. Blasie noted Officer Webb and the two police officers were present. Attorney Cherof recommended one of the officers offer direct testimony to substantiate the testimony provided by Mr. Blasie. Officer Gleicher, Boynton Beach Police Department, reported that on March 12, 2009, he had responded to 8244 Whiterock Circle with Code in an attempt to deliver a court document for a hearing. He noted he had witnessed Ms. McLaughlin's refusal to sign the docu ment. Mr. Blasie indicated that while Respondent, Lawrence McLaughlin, resided at the premises, his name was not included on the deed. Officer Gleicher was shown photographs of Mr. Meneses and acknowledged Mr. Meneses was the individual upon whom he served notice. Officer Gleicher was shown a photograph of Elizabeth McLaughlin and acknowledged Ms. McLaughlin was the individual upon whom he had attempted to provide notice, but who refused to sign for the Notice of Hearing. Attorney Cherof noted Officer Gleicher's testimony would be made part of the record. Willie Webb, Senior Code Officer, advised he had attempted service on two occasions. On the first occasion, Officer Webb had attempted to serve the Notice of Violation upon Mr. Meneses and was advised by a woman that Mr. Meneses was at home. He was 5 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 then advised Mr. Meneses was not at home. The police officers accompanying Officer Webb had intervened and learned Mr. Meneses had been at work towing vehicles in West Palm Beach. After conversing with the police officers, Mr. Meneses had agreed to return to the residence if Office Webb remained, and would sign for the Notice of Violation. In the interim, Ms. McLaughlin had contacted her attorney, and was advised not to sign for the Notice. At approximately 1:30 p.m., Officer Webb was contacted by Dispatch and was advised Mr. Meneses, his wife and father-in-law were in the parking lot in front of the Boynton Beach Police Department. Officer Webb proceeded to the parking lot and delivered the Notice of Violation to Mr. Meneses, who had been on the telephone with his attorney. Officer Webb spoke to Mr. Meneses' attorney, explaining the document he was attempting to serve was a Notice of Violation, and not an arrest warrant. At that point, Mr. Meneses' attorney advised Mr. Meneses to sign for the Notice of Violation. Mr. Webb advised the second occasion pertained to the service of the Notice of Hearing, and Officer Webb had been accompanied at that time by the two police officers present. Attorney Cherof noted the photographs identified by Officer Gleicher would be made part of the record. A question was raised as to the White Rock location. Mr. Blasie believed the residence was located in the Nautica subdivision off Lawrence Road. He noted the case involved a violation of City Ordinance #05-035, adopted July 1, 2005, which regulated the location of convicted sexual offenders and sexual predators in the community. A sexual offender/predator residing in the City of Boynton Beach prior to July 1, 2005 would not be subject to the requirements of the ordinance, regardless of the proximity of the location to an area in which children congregated. In addition to the City's Exhibit "F" entered into evidence earlier, Mr. Blasie entered into evidence the following: . Exhibit "A": Photograph of Mr. Meneses and pertinent information, including the January 10, 2005 adjudication date. . Exhibit "B": Correspondence from Correctional Probation Specialist Colin Galloway, summarizing the probationary supervision of Mr. Meneses and verifying by personal visits the locations at which Mr. Meneses had been supervised. Prior to relocating to Boynton Beach, Mr. Meneses had resided in the Orlando area, and the probation officer met with Mr. Meneses in Orlando at 6 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 various times in 2008. The exhibit was provided by Carissa Quinteros, the City's Crime Analyst. . Exhibit "C": Information obtained from the website of the Florida Department of Law Enforcement (FDLE) relating to sexual offenders and predators. The information reflected Mr. Meneses' address at 10028 Gannon Lane, Orlando, Florida, and the address was verified on October 17, 2008. The document established Mr. Meneses was still in Orlando three years after the City's ordinance had been enacted. . Exhibit "D": Driver's License information indicated Mr. Meneses had changed the address on his driver's license on January 23, 2009 to the Boynton Beach address. . Exhibit "E": The map reflecting the distance of the residence to Citrus Cove Elementary School and a bus stop at the corner of Nautica Boulevard and Lawrence Road. The Exhibits were provided to the Recording Secretary and would be filed with the original minutes in the Office of the City Clerk. Chair Costantino inquired whether staff had a definitive date when Mr. Meneses notified Law Enforcement of his relocation to Boynton Beach. Mr. Blasie was not certain. However, pursuant to the documents entered into evidence, Mr. Blasie believed it had been established beyond a reasonable doubt that Mr. Meneses had been in the Orlando area until January 2009. The question arose as to the date Mr. Meneses had registered as a sexual offender within the City limits. Carissa Quinteros, Crime Analyst for the City, responded she did not have the form from the Sheriff's Office, but believed Mr. Meneses had registered on February 9, 2009, the date reflected on the website for the Florida Department of Law Enforcement (FDLE). A clarification was requested as to the action recommended. Mr. Blasie responded he would not recommend a Cease and Desist Order, as this would require daily visits to the property to determine Mr. Meneses' presence at the location. It had been the intent for Mr. Meneses to vacate the City. Attorney Cherof explained two motions would be necessary, one dealing with the property owner, who was not permitted to lease under the ordinance, and a motion dealing with the individual Respondent. 7 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 Motion Based on the testimony and evidence presented in Case #09-580, Mr. Karageorge moved that this Board find that Lawrence and Elizabeth McLaughlin are in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondents correct the violation on or before April 5, 2009. The Board has considered the gravity of the violation, 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 $1,000 per day for each day the violation continues past April 5, 2009 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-inspection of the property to verify compliance with this Order. Mr. Brake seconded the motion that unanimously passed. Motion Based on the testimony and evidence presented in Case #09-580, Mr. Karageorge moved that this Board find that Andres Meneses is in violation of the City of Boynton Beach Code section cited and moved to Order that the Respondent correct the violation on or before March 30, 2009. The Board has considered the gravity of the violation, 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 $1,000 per day for each day the violation continues past March 30, 2009 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- inspection of the property to verify compliance with this Order. Mr. LaRock seconded the motion. Discussion ensued regarding the method of service of the Board's Order, and whether the Order provided sufficient time for the Respondent to relocate. Attorney Cherof recommended actual notice, rather than verbal notice, be provided. If the Board did not believe sufficient time had been furnished, the motion could be amended. Additionally, the City's ordinance did not require that a person found in violation be compelled to move out of the City. There were many locations within the City where the individual could relocate and still be in compliance with the ordinance. Motion Mr. Karageorge amended his motion to change the dates from March 30, 2009 to April 2, 2009. Mr. LaRock seconded the motion that passed unanimously. 8 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, Florida March 26, 2009 Chair Costantino recommended a workshop be held regarding the Code Compliance Board procedures. A date and venue would be determined. The workshop would be noticed and advertised, and a Recording Secretary would be required. VI. Adjournment Motion Mr. Yerzy moved to adjourn. Ms. Carroll seconded the motion that passed unanimously. The meeting adjourned at 3:48 p.m. Jb J/ c~' (fA~'~~ Stephanie D. Kahn Recording Secretary 033109 n. :C-~-- 9 Page 1 of 1 Kahn, Stephanie Kahn, Stephanie Thursday, April 02, 2009 9:48 AM Atwood, Barry; Blasie,Scott; Costantino, Michelle; Immler, Matt; James Brake; Jamie LaTour; Kirk LaRock; Rodriguez, Jose; Sherrod, Octavia; Springer, Diane Subject: Minutes of Lien reduction Meeting of March 26, 2009 Attachments: Minutes 03-26-09.pdf From: Sent: To: For your review. Best regards, Stephanie D. Kahn 4/2/2009 Kahn, Stephanie From: To: Sent: Subject: System Administrator Costantino, Michelle Friday, March 27,20096:27 PM Undeliverable: Minutes of Code Compliance Board Meeting Your message did not reach some or all of the intended recipients. Subject: Sent: Minutes of Code Compliance Board Meeting 3/27/20096:26 PM The following recipient(s) could not be reached: Costantino, Michelle on 3/27/2009 6:26 PM The e-mail account does not exist at the organization this message was sent to. Check the e-mail address, or contact the recipient directly to find out the correct address. <MAIL1.ci.boynton-beach.f1.us #5.1.1 smtp;550 5.1.1 - Invalid mailbox: camprmom@adelphia.net> ; 'J1~1 )J/ () 9 ~ 1 Page 1 of 1 Kahn, Stephanie From: Herring, John Sent: Thursday, March 26,20097:25 AM To: Kahn, Stephanie Subject: RE: Code Board Meeting of March 18, 2008 Yes that is correct. Thanks From: Kahn, Stephanie Sent: Wednesday, March 25, 2009 9:27 AM To: Herring, John Subject: Code Board Meeting of March 18, 2008 Good morning John: You read into the record red tag language in the Lisa Renner matter, Case#08-3858. Please let me know if the following language is correct: "Electrical and plumbing installed in bedroom closet with no permits; washer, dryer, violation BBO 108.5, four times fee. Obtain licensed contractors and permits required to remain or remove." Thanks, John! Best regards, Stephanie 3/26/2009