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Minutes 09-20-10 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD ON MONDAY, SEPTEMBER 20,2010, AT 4:00 P.M., IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Michelle Costantino, Chair Richard Yerzy, Vice Chair Robert Foot Mark Karageorge James Brake (arrived at 4:05 p.rn) Scott Blasie, Code Compliance Administrator Shana Bridgeman, Assistant City Attorney ABSENT: Kirk LaRock Jamie LaTour, Vice Chair Kathleen Carroll, Alternate I. Call to Order Chair Costantino called the meeting to order at 4:01 p.m. II. Approval of Agenda There were no additions or deletions to the agenda. Scott Blasie, Code Compliance Administrator, called the roll and determined who was present. (Mr. Brake arrived at 4:05 p.rn.) III. Swearing in of Witnesses and Introduction Mr. Blasie explained the hearing procedures. IV. New Business A. lien Reduction Tabled 1 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 Case #09-3604 Bank of New York 740 NW 1st Avenue Mr. Blasie explained the property owner of record was Bank of New York. The case originated November 16, 2009 involving the cleaning of a pool. It was heard by the Board on January 20,2010 and no one appeared. The violation was cured on June 15, 2010. The other violation was for property registration but it registered within the time provided by the Board. Mr. Blasie circulated before and after photographs of the pool to the Respondent and the Board. Mike Traster, representing the listing agent on behalf of the Bank, was present. On March 4th they obtained bids to drain the pool and fix the leak to bring it up to Code. The work was completed on April 4, 2010. Photographs were provided to the Board. There was a pool cover over the pool and they replaced the pump on April 4, 2010. The Order issued by the Board gave until February 4,2010. Mr. Traster explained the Bank took over the property March 3, 2010. The property went to tax sale and was sold at auction under a foreclosure. As soon as they received the property from the Bank and found out the pool needed repairs, they immediately had it done. They received the listing on the same date. Mr. Brake noted there were other violations that were corrected at the property but the pool was not addressed. Mr. Traster did not know who made the repairs. The inspection occurred on June 15, 2010. Staff was not notified in April of the correction. Mr. Blasie explained often with foreclosures, violations are corrected but staff was never notified. Mr. Traster commented there was a sale pending. The house was supposed to close in 48 hours. He sought whatever relief he could obtain. The violation was not a repeat, or safety issue, only a health issue. Motion Based on testimony and evidence presented in the aforementioned case, 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 the aforementioned case by virtue of this Board's Order of January 20, 2010 to an amount of $8,134.12, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2297 John Soogrim 1218 Meadows Circle Mr. Blasie presented the case and explained the property was originally cited July 10, 2009 for not obtaining a business tax receipt. It was a residential condominium. The case was heard by the Board on October 21, 2009 and no one appeared. The compliance date set by the Board was October 31, 2009 or incur a fine of $50 per day. 2 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 Staff documented compliance as of July 16, 2010. Photographs were not available; however, the Respondent was present. Mayra Alyson, representing Aurora Loan Services offered to pay the administrative costs and filing fees. She explained the property was out of compliance and was back in compliance before Aurora took title. The lis pendens was filed in April, 2008. The property was found in compliance on July 16, 2010 and Aurora Loan Services took title on July 30, 2010. They then filed for the reduction. The property was vacated on July 16,2010 and the bank did not receive any benefit from any tenants. Motion Based on testimony and evidence presented in the aforementioned case, 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. Karageorge moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 21, 2009 to an amount of $1,000, including administrative costs. Mr. Brake seconded the motion. Discussion followed as to how the fine was assessed. Mr. Karageorge explained the fine runs with the land and he felt the administrative costs were fair, but there was a penalty. Mr. Foot commented they did not have knowledge of how long someone may have resided at the premises. Mr. Foot felt $2,500 was more appropriate. The motion passed 4-1 (Mr. Foot dissenting.) Case #08-2512 SS Boynton Associates LLC 1901 N. Congress Mr. Blasie presented the case and explained the property was the Kohl's property. The property was cited August 29, 2008 for violations of the City's Land Development Regulations and the Sign Ordinance. The case was heard on April 19, 2009. No one appeared. The compliance date set was May 30, 2009 or incur a $150 per day fine. Compliance was documented on April 26, 2010. Mr. Blasie circulated photographs to the Board. He explained the Kohl's project started before the case started. They did a complete interior and exterior renovation. Some of the landscaping on the site, over time, had died. There were problems with certain trees and some of the other plantings. Mr. Blasie had a copy of an email from Prime Management to Code Officer John Herring and City Forester, Kevin Hallahan on September 17,2008 thanking them for the meeting and they had been working ever since to get it right. Jeff Adams, North 56th West 17000 Menomonee Falls, Wisconsin, was present. Mr. Blasie reviewed photographs with Mr. Adams. The narrative noted the respondent was to obtain a permit for signs. The signs in question were on the corner of the property, and they were removed. Mr. Blasie explained only the landscape portion took the longest to comply. 3 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 Mr. Adams explained the landlord did not notify Kohl's. He took over as manager for Common Areas and Maintenance with the company in September and they spent about $27,182.86 upgrading the landscaping. He explained they worked closely with the City. Mr. Adams explained there was a different person in his position and when he assumed the position, the entire department shifted and nothing was left of any records indicating there was a fine assessed on the property. In September/October when he took over the position, the landscaping had just been installed and there was debate regarding who installed the landscaping because it should not have died so quickly. The work order was approved on January 8, 2010 and was completed on February 22, 2010. Mr. Adams requested the fine be reduced. They self-developed the site and some of the plantings died within 12 months of installation. The concern was they were not installed properly or poor quality plantings were used. Discussion followed $5,134, which was 30 days plus the administrative costs, would be appropriate; however, consideration could be given since the project made an impact in the community via jobs and it improved the property. Motion Based on testimony and evidence presented in the aforementioned case, 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. Karageorge moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 15, 2010, to an amount of $2,500, including administrative costs. Mr. Brake seconded the motion that unanimously passed. Case #08-711 Valerie Brinks 906 SW 27th Avenue Mr. Blasie presented the case. The property was cited March 5, 2008 for a pool barrier and unsanitary water in the pool. The case was heard April 16, 2008 and no one appeared. The compliance date established was April 21, 2008 or incur a $1,000 per day fine. Compliance was documented on July 20, 2010. Mr. Blasie circulated photographs to the Respondent and the Board. There was a lis pendens filed in 2007. Mr. Blasie also noted the Respondent in this case was the same as the next case. Jeff Paolino, 3600 S. Congress, a realtor who represents Fannie Mae, was present. The property was a Fannie Mae foreclosed property. He explained he obtained the property in June, which was set to close on September 27, 2010. The deed was issued on May 13, 2010 and the Certificate of Deposit was received in September. As soon as they were notified of a violation, they resolved it for Fannie Mae. In this case, the property had registration violations and the pool violation. The pool had been grated all along. When he spoke with Code Compliance, the property was in compliance and there were vines growing on top of the pool. They cleaned and registered the property. The unpaid water bills were paid. 4 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 The property was listed for sale in the $80,000 range and it sold for $100,000 plus. The home did not have a kitchen but the buyer would be an end user. He hoped the Board would reduce the fine to court costs or administration fees. Grating a pool was commonly used but it was not up to Code. Mr. Paolino explained with Freddie Mac homes, they redo the pools but Fannie Mae's just bring the property into compliance. Mr. Paolino thought they were in compliance. Mr. Blasie explained the other violations such as the gate and fence were corrected. All of the violations took place under the ownership of the person it was foreclosed on. The bank, when it obtained the property, immediately brought it into compliance. The Board acknowledged the grating but was concerned because the pool was still accessible. Motion Based on testimony and evidence presented in the aforementioned case, 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. Karageorge moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 16, 2008, to an amount of $12,000, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #10-828 Wells Fargo Bank 906 SW 27th Avenue Mr. Blasie presented the case as contained in the staff report. The case was heard on May 19, 2010. No one appeared. A compliance date was set for May 29, 2010 or incur a fine of $150 per day. The property was registered on June 8, 2010, having nine days of non compliance. There was brief discussion of the inspection process. Jeff Paolino, 3600 S. Congress Avenue, was present. Motion Based on the testimony and evidence presented in the aforementioned case, 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. Karageorge moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 19, 2010, to an amount of $634.12. Mr. Foot seconded the motion that unanimously passed. Case #08-1017 Freemont Investment & Loan 3315 S. Seacrest Boulevard Mr. Blasie reviewed the case as contained in the staff report. The case was one of three cases for the property. The case originated on March 26, 2008 for violations pertaining to overgrowth in the yard. The case was heard on May 21,2008 and no one appeared. The compliance date established was for May 31, 2008 or incur a $150 per 5 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 day fine. Compliance was documented on July 15, 2008. Mr. Blasie had three photographs for the Board's review. Two photographs were taken May 31, 2008. He also explained compliance in this case was obtained by the Board retaining Vila and Sons to do the mowing. Conversely, the Respondent had to pay that bill before they could appear before the Board. Noelle Macintyre, 910 SW 27th Avenue was present with Kevin McGlaughlin, the general contractor from 902 SW 27th Avenue. Ms. Macintyre was the real estate agent for the buyer. Because the property was bank owned and they put the home on the market, the buyers became aware of the issues. Ms. Macintyre noted they did a lot of work on the property, both to the interior and exterior and the property changed dramatically. There were back taxes and water bills owed. The bank was slow in the process. The buyer and the real estate agent took the initiative to get the work done. The back taxes were $5,029.94. When they paid the municipal liens, they had to pay interest as well. She submitted emails she had corresponding with the bank showing they were slow. Discussion followed about an appropriate amount of reduction. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent(s) has/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. Karageorge moved that this Board resoind reduce the fine instituted in the aforementioned case by virtue of this Board's Order of May 21, 2010 to an amount of $634.12 including administrative costs. Mr. Brake seconded the motion that unanimously passed. Case #09-3970 Fremont Investment & Loan 3315 S. Seacrest Boulevard Mr. Blasie reviewed the case as contained in the staff report. The case was cited December 23, 2009 to mow and trim yard and repair rotten wood on the structure. The case was heard on February 17, 2010. No one appeared. The compliance date was established for February 27, 2010 or incur a fine of $150 per day. Compliance was documented on August 11, 2010. Motion Based on the testimony and evidence presented in the aforementioned case, 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. Brake moved that this Board rescind reduce the fine instituted in the aforementioned case by virtue of this Board's Order of February 27,2010, to an amount 6 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 of $634.12 to include administrative costs. Mr. Foot seconded the motion that unanimously passed. Case #08-2528 Fremont Investment & Loan 3315 S. Seacrest Boulevard Mr. Blasie presented the case as contained in the staff report. The case was cited September 2, 2008 for wood fencing and securing of the pool. The case was heard on October 15, 2008. No one appeared. The compliance date established was October 25, 2008 or incur a fine of $250 per day. Compliance was documented on August 11, 2010. Noelle Mcyintyre, 910 SW 27th Avenue, explained on July 10, 2010, the offer was made to the bank for the property. On July 27th, they countered and on August 4, 2010 the bank accepted the buyers offer. On August 5, 2010 the title company realized there were liens on the property. The pool had a grate. She did not know how long it was on the property, as it pre-existed prior to their inspection. The wood fence was unlocked and on the north side of the property, no fence existed at all. The General Contractor installed a metal fence to secure the property. Discussion followed about how much of a reduction should be given. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent(s) has/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 resoind reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 15, 2008, to an amount of $10,634.12 including administrative charges. Mr. Karageorge seconded the motion that unanimously passed. Case #09-2637 Alex Kolovyansky 1003 Meadows Circle Mr. Blasie reviewed the case as contained in the staff report. The property was cited August 11,2009. The case was heard on October 21,2009 and no one appeared. The compliance date was established was for October 31, 2009 or incur a fine of $50 per day. Compliance was documented on September 7, 2010. Mr. Blasie did not have any photographs. It was a Section 8 rental. The Respondent applied for the Business Tax Receipt earlier on but did not schedule an inspection. A water bill was also paid. Ms. Sherri Seidman, 403 S. Arnold Avenue, Lantana was the owner's realtor. The property was under contract via a short sale. There was a Section 8 tenant in the property for a number of years. The owner thought he was compliant because he submitted the paperwork required for the housing certification and he receives the inspections. He was unaware an additional Business Tax Receipt was required. He did 7 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 not receive the notices which were returned to sender. It was noted in the record the notices were "Returned to Sender." When the title search was conducted for the impending sale, the liens were discovered. The property was only under contract for $30,000. The landlord was a Section 8 landlord for three years. The Certification for the Section 8 was a separate certification from the Business Tax Receipt. Discussion followed about the amount of the reduction. The realtor expressed the owner would pay it immediately and that it was a misunderstanding on his part. He had not sought to avoid the obligation. The landlord did eventually obtain the inspection. Motion Based on the testimony and evidence presented in the aforementioned case, 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. Karageorge moved that this Board rescind reduce the fine instituted in the aforementioned case by virtue of this Board's Order of October 21, 2009, and that the fine be reduced to $2,000 including administrative fees. Mr. Brake seconded the motion for discussion. After further discussion, Mr. Karageorge amended the fine amount to $1,634.12 including administrative costs. Mr. Brake seconded the motion that unanimously passed. v. Discussion Chair Costantino wanted to discuss Board attendance. She explained as Board members, it was their responsibility, when the member could not attend the meeting, to contact her according to the State Statute. Two members recently did not appear without notifying her which was grounds for dismissal. It was not Code Compliance's responsibility to call everyone. The two members referenced were Ms. Carroll and Mr. LaTour. It was noted that Ms. Carroll was an alternate. It was incumbent on the member to notify the her of their absence. Chair Costantino explained she called Mr. LaTour after the last meeting. He texted her back he did not realize it was the third Wednesday of the month and he left his phone at the office. When she inquired about the meeting on Monday, there was no further response from him. Ms. Carroll just started a new job and as a new employee, the day meetings may be hard for her. There was agreement the members needed to find a way to communicate. Further discussion followed about the alternate position. It was suggested that if a member called the Chair to advise they could not attend the meeting, perhaps she could call the alternate to advise they needed to be present. It was not fair to ask the alternate to attend every meeting when they may not be needed. Chair Costantino was not certain whether it was a policy or not. It was suggested that counsel determine whether alternates had the same requirements for attendance as the regular member. 8 Meeting Minutes Code Compliance Lien Reduction Boynton Beach, FL September 20, 2010 There was also discussion that the City Clerk sends out a calendar every month and the meeting information was also on line. Attorney Bridgeman commented she would research the alternate and attendance requirements. Chair Costantino pointed out the policy reads "any member". Mr. Karageorge expressed the key was whether the absence was "excused"; however, the State Statute superseded the City policy. This topic would be an action item on the next regular agenda. Chair Costantino would review the attendance record for the missed meetings for the year. They would motion to vacate the seat and notify the City Commission. It was unknown if Mr. LaTour wanted to remain on the Board. As soon as legal determined if the same requirements applied to alternates, they could determine how to proceed with Ms. Carroll. v. Adjournment There being no further business to discuss the meeting properly adjourned at 5:31 p.m. {!cu:i.tw,Q U/wJf Catherine Cherry Recording Secretary 092910 9