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Minutes 07-15-10 MINUTES OF THE CODE COMPLIANCE BOARD LIEN REDUCTION MEETING HELD ON MONDAY, NOVEMBER 15, 2010, AT 4:00 P.M., IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Richard Yerzy, Vice Chair James Brake Robert Foot Mark Karageorge Kirk LaRock Aimond Alexis, Alternate Kathleen Carroll, Alternate Scott Blasie, Code Compliance Administrator Shana Bridgeman, Assistant City Attorney ABSENT: Michelle Costantino, Chair I. CALL TO ORDER Vice Chair Yerzy called the meeting to order at 4:01 p.m. Roll call revealed those present noted above. Mr. Blasie called the roll to determine the respondents who were present. II. SWEARING IN OF WITNESSES AND INTRODUCTION Attorney Bridgeman gave an overview of the duties and responsibilities of the Code Compliance Board and its members. The procedure to be followed was outlined. All witnesses presenting testimony were administered an oath by the Deputy City Clerk. III. New Business A. Lien Reduction - Tabled Scott Blaise, Code Compliance Administrator, announced Art Krell had called the Code Compliance office and asked Cases # 96-2758, 98-1971, 00-1256, 03-89 be tabled to December 20,2010. Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, FL November 15, 2010 Motion Mr. Foot moved the cases be tabled to December 20, 2010. Mr. LaRock seconded the motion. The motion passed. B. Lien Reduction Mr. Blasie explained the process and appeal rights. Wells Fargo Bank Case # 09-3504 714 SW 24th Avenue The case was initiated on November 5, 2009 for failure to register a vacant foreclosure property and maintain the property. On December 16, 2009 no one appeared before the Board for a hearing and a compliance date of December 31, 2009 or a fine of $250 per day was set by the Board. Staff documented compliance as of October 14, 2010 for 286 days of non-compliance plus administrative costs. A delinquent water bill of $1,085 was paid. The lis pendens was recorded January 31, 2008. A final summary judgment was recorded on June 21, 2010. Photographs of the property were displayed to the representative and given to the Board for review. It is a single family home. Mr. Brake inquired if the property had partially complied at some point. Mr. Blasie was not aware of any intermediary effort to meet compliance. "" ;.," James Kelly, Assistant to Licensed Realtor Terry Burbee, who works for Real Estate Asset Disposition Corporation, explained the property had just been obtained through foreclosure to sell. Mr. Foot inquired who would be responsible for payment of the fine. Mr. Kelly replied the mortgagor, Allison Schmitt, was listed as owner of the property and the Certificate of Title has not been recorded for Wells Fargo. Mr. Brake asked if the amount of money sought from the previous owner would increase based on the action of the Code Compliance Board. Mr. Kelly had no knowledge of the arrangement. Mr. Karageorge added it would be a private transaction between the two parties and each case could be different. Ms. Carroll asked if a contract was pending and there was a buyer with an offer for approximately $165,000. Mr. Kelly indicated he was seeking a reduction. Mr. Brake explained there is usually a dollar amount established by the Bank to complete the deal. Mr. Kelly added a closing date on the pending sale had not been established because the Certificate of Title to Wells Fargo had not been recorded. 2 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, FL November 15, 2010 Motion Mr. Brake moved that the aforementioned case be tabled until the Code Compliance Lien Reduction meeting on December 20, 2010. Mr. LaRock seconded the motion. Mr. Brake based his motion on the lack of information available to the Board to make an informed decision. Mr. Karageorge stressed the fine is $71,500 plus the administrative costs of $634.12 and any further negotiations should be communicated to the Code Compliance Department. The motion passed unanimously. Mr. Blasie explained the appeal procedure. Virginia Lauman Case #10-1604 2811 SW 13th Street The case was initiated May 27, 2010 for violations of the Florida Building Code, Boynton Beach Amendments, Ed. 2007. The violation is for a screen enclosure over a swimming pool that was erected without a permit. The case was heard on July 21, 2010 and no one had appeared. A compliance date of August 20, 2010 or a fine of $100 per day was established. Compliance was documented on October 5, 2010 for 45 days of non- compliance plus the administrative costs. Photos were shown to the applicant's representative and the Board. Mr. Brake inquired about the history of the permit. Mr. Blasie advised the permit had not been obtained. The application for the building permit was filed on September 23, 2010. Kimberly Riddick related her grandmother, who lived in the house, was a hoarder with ongoing dementia. The house was bought in November and had squatters residing there who caused extensive damage. The people were removed from the house and the grandmother moved in April, 2010. The screen enclosure was not repaired by the previous owners. Ms. Riddick had received notice of the July 21, 2010 hearing. Motion Based on the testimony and evidence presented in the aforementioned case and having been advised Virginia Lauman, 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. Brake moved the Board reduce the fines instituted in the 3 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, FL November 15,2010 aforementioned case by virtue of this Board's Order of July 21, 2010 to the amount of $634.12 including administrative costs. Mr. Karageorge seconded the motion. The motion passed unanimously. Mr. Blasie explained the appeal procedure again. Chancelet Colin Case #09-1041 Berthie & Lifilia Escarment 338 sW 4th Street The property was originally cited April 9, 2009 for violation of the Community Appearance Code, secure structure, remove trash and debris, repair fence and remove outside storage. No one appeared at the Board hearing on May 20, 2009. A compliance date of May 30, 2009 was set or a fine $500 per day was assessed. There was 514 days of non-compliance plus administrative costs. Mr. Foot questioned the excessive per day fine amount and it was explained the safety issue of an unsecured property and possible criminal conduct warranted the fine amount. Gregory Taylor, Attorney, clarified Home Sales, Inc. was the actual owner of the property with the Certificate of Title recorded September 20, 2010. Chase Home Finance was the mortgagee at the time. The lis pendens was filed December 14, 2007. Mr. Taylor was unsure of the reason for the delay. The property was brought into compliance as soon as title was transferred and remains maintained. A contract of sale is pending as soon as the issues are resolved. The property was being bought by Marcel and Marie Desir for a sale price of $93,000. There is a VA rider and the property will be owner occupied. All the liens were filed after the lis pendens so they would not attach to the property and were not super-priority liens. Mr. Blasie indicated a lot mowing lien of $456 had been paid. Motion Based on testimony and evidence presented in the aforementioned case and having been advised the Respondents, Chancelet Colin, Berthie & Lifilia Escarment, have complied with all lien reduction procedures set for in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Karageorge moved the Board reduce the fines instituted in the aforementioned case by virtue of this Board's order of May 20, 2009 to an amount of $7,500 including administrative costs. Mr. LaRock seconded the motion. A roll call vote was taken and the vote was 5-1 (Ms. Carroll dissenting). 4 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, FL November 15,2010 Chase Home Finance Case #09-3199 338 SW 4th Avenue The property was originally cited on October 6, 2009 to register the property and maintain it. No one appeared for a Board hearing on January 20, 2010. A compliance date of February 4, 2010 was established or a fine of $250 per day. Compliance was documented on November 2, 2010 for 275 days of non-compliance, plus administrative costs. Gregory Taylor, Attorney representing the owner, Home Sales, Inc. was present for any questions. Motion Based on testimony and evidence presented in the aforementioned case and having been advised the Respondent, Chase Home Finance, 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. Karageorge moved the Board reduce the fines instituted in the aforementioned case by virtue of this Board's order of January 20, 2010 to an amount of $2,500 including administrative fees. Mr. LaRock seconded the motion. Ms. Carroll indicated a veteran was willing to buy the property and she did not want the sale to collapse if the Bank would not accept the reduction. She felt the amounts were exorbitant. Mr. Taylor assured Ms. Carroll the Bank would accept the fines and the sale would proceed. The property was in compliance. The motion passed 5-1 (Ms. Carroll dissenting). Mr. Blasie explained the appeal procedure again. Vice Chair Yerzy advised the applicant in the next two cases had requested to appear via telephone. Mr. Blasie added the applicant was traveling and could not physically appear. It would be the Board's decision if a phone call would be sufficient or the applicant should appear. Mr. LaRock asked if tabling the matter would be injurious to anyone. Mr. Blasie understood a pending sale could be jeopardized with any further delay. Diane Springer, Code Compliance Coordinator, advised she had been working for months to get the case before the Code Board. The applicant was cooperative; however, the meeting date was not convenient due to a family emergency and she had requested the conference call. The individual is with the management company who is 5 Meeting Minutes Code Compliance Board Lien Reduction Boynton Beach, FL November 15, 2010 maintaining the property for sale on behalf the Bank. Mr. Foot established the sale was waiting for resolution of the case. Attorney Bridgeman advised the issue of a phone hearing was at the Board's discretion. Vice Chair Yerzy indicated, based on 40 years of court reporting, that testimony via telephone required a notary public to be present with the witness to identify and administer an oath. The Code Compliance Board was quasi judicial. Mr. Foot suggested the matter be heard at the meeting to be held on November 17, 2010. Vice Chair Yerzy preferred the individual be present and Mr. Brake agreed. Motion Mr. Karageorge moved the matter be tabled until the November 17, 2010 meeting and staff contact the representative accordingly and report to the Board the outcome. After further discussion, Mr. Karageorge moved to table the matter until Wednesday on November 17, 2010 at which time the party involved would be contacted. Mr. LaRock seconded the motion. The motion passed unanimously. IV. Adjournment Motion Mr. Brake moved to adjourned. Mr. LaRock seconded the motion. The motion passed. Vice Chair Yerzy declared the meeting adjourned at 4:56 p.m. 6