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Minutes 08-20-12 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD ON MONDAY, AUGUST 20, 2012, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Robert Foot, First Vice Chair Robert Bucella Gary Cole Rose Marie Yerzy Shana Bridgeman, Assistant City Attorney Diane Springer, Code Compliance Coordinator ABSENT: Kathleen Carroll Alan Borrelli, Alt I. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. II. Approval of Agenda Diane Springer, Code Compliance Coordinator, advised page 7 was removed and the representative for page 11 was not in attendance. Motion Mr. Cole moved to approve the agenda. Ms. Yerzy seconded the motion that unanimously passed. III. Swearing in of Witnesses Attorney Bridgeman explained the hearing procedures and administered an oath to all those intending to testify. Chair Costantino requested hearing Case No. 12-961 first. Motion Mr. Foot moved to remove Case No. 12-961 from the table. Mr. Bucella seconded the motion that unanimously passed. 1 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Case No. 12 -961 Eliahu Mizrahi Location: 261 N. Atlantic Drive Violation(s): CO CH10 SEC 10 -56(A) BBAA FBC '07 ED 105.1 Property cannot be occupied until all violations are corrected. Fix roof and ceiling. Repair windows and doors, front and rear screen windows and doors. Pool is unsafe. Permit for pool fencing is required Repair all light fixtures. Permit required for new windows Ms. Springer presented the case which was brought to the Board last week. At the time it was tabled, the Respondent testified the property was in foreclosure and he could not enter the property as there were "No Trespass" signs from the management company posted on the property. Ms. Springer had documentation there was a lis pendens and there was a sign for no trespassing. She requested the case be closed and staff would recite the bank. Eliahu Mizrahi, 8291 Bermuda Sound Way, Boynton Beach, was present but had no comments to make. Motion Based on the City's request, Mr. Foot moved to close the case. Mr. Cole seconded the motion that unanimously passed Case No. 11 -2861 HSBC Bank USA National Assoc Trust 708 NW 1st Avenue Ms. Springer noted this case and the next dealt with the same property. The notice of violation was October 17, 2011, to replace broken windows. The case was heard on December 21, 2012 2011, and no one appeared. The compliance date was set for December 31, 2011, or a fine of $200 a day would be imposed thereafter. The violations were corrected on July 17, 2012. Ms. Springer was first contacted in July. The violations were corrected and eligible for Lien Reduction at that time. Don Clemens, 508 Harbor Road, North Palm Beach, was the Bank's contractor. Ms. Springer explained before all of the respondents representing a bank or former property owner could come to the Board, she obtains documentation from the prior owner that they have given permission for a representative to speak on their behalf. 2 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 Mr. Clemens testified the violations were prior to 2012. The Bank took possession on May 9th and they addressed the violations they were made aware of at that time. The lawn was addressed on May 13th and the windows by June 29th. The Certificate of Title was obtained on July 26, 2011. When they took possession they changed the locks. The Bank offered the current occupant cash to move out and leave the property in good shape, which was executed on May 9th. The property was currently vacant, for sale and was maintained in the interim. He did not know the price of the home. Mr. Foot thought the Board should consider the time period of May 9 to June 28 they had access to take action for about 50 days or $10,000. Mr. Clemens testified once he received his order, he acted as quickly as possible. The Bank was notified on October 1 7, 2011. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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 December 21, 2011 to an amount of $10,000, including administrative costs. Mr. Bucella seconded the motion. Chair Costantino requested administrative costs be added. Mr. Foot did not agree. The motion unanimously passed. The Business Tax Receipt was no longer an issue due to the dwelling being vacant. Case No. 11-2861 HSBC Bank USA National Assoc Trust 708 NW 1st Avenue Ms. Springer presented the case. The notice of violation was dated December 30, 2011, regarding a Business Tax Receipt and mowing the lawn. The case was heard on March 21, 2012, and no one appeared. A compliance date of March 31, 2012, was established or a fine of $150 per day would be imposed thereafter. The violations were corrected on May 15, 2012. Don Clemens, 508 Harbor Road, North Palm Beach, had no additional testimony. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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. Bucella moved that this Board rescind 3 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20,2012 the fines instituted in the aforementioned case by virtue of this Board's Order of March 21,2012, and that the lien imposed by the Order be released. The motion died for lack of a second. Motion Based on testimony and evidence presented the aforementioned case and having been advised that the Respondent, HSBC Bank USA National Assoc Trust, 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 March 21, 2012 to an amount of $1,734.12, including administrative costs. Chair Costantino passed the gavel to Mr. Cole and seconded the motion that unanimously passed. Mr. Cole passed the gavel back to Ms. Costantino. Case No. 11-2337 C/HP Cove Inc. 8 Southern Cross Circle Ms. Springer presented the case. The notice of violation was sent August 25, 2011, and the case was heard November 16,2011, and no one appeared. A compliance date was set for December 16, 2011, or a fine of $1,000 a day would be imposed thereafter. The violations were corrected on June 14,2012. Ms. Springer pointed out permits were required for much of the work that was done and that time element should be considered. Arthur Fufidio, 112 N. Anchorage Drive, North Palm Beach, requested the Board recognize the management company that was in place at the time of the violations and during most of the repairs was no longer involved. His company is a non-profit property management company that specialized in properties with problems that need to be solved. They did not take over until July 1 of this year and he maintains a State of Florida Contractors License. He was brought in ahead of time to ensure the repairs and permits needed would be expedited. He was present for all inspections since mid-June to when the property passed inspections. Mr. Fufidio noted there were a number of mitigating circumstances. The first was the property was cited in August 2011. In November of 2011, the contractor pulled one permit and then disappeared. A second contractor was brought in to reevaluate the site which set work back a few months. Once they got going, they were in contact with Code Enforcement on a weekly basis and had interim inspections. Another reason they were brought in was because they intend to do preventative maintenance with Clipper Cove so they do not have to appear before the Board again. They are the only management company working with the owners now. The location of the project was discussed. There are 25 separate buildings with different addresses. 4 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20,2012 Code Compliance picked one building to be used as a home base address for the case. The project was Clipper Cove Apartments located next to Congress Middle School. Every violation was corrected. The project was on 56 acres. Mr. Fufidio commented the reason for the violations was because there were a lot of separate repairs that needed to be done. Many staircases were iron with cement treads. The staircase did not look bad, but parts were rusted and loose and there were areas where stucco was bad. There was maintenance but it was a band-aid approach and now the band-aids were falling off and more drastic repairs were needed. There were 384 units and about 96% were occupied. These were affordable rental units. Due to FDIC program regulations, 50% of the units were geared to the area median income and the other 50% were rented at the market rate. All the violations were corrected. Chair Costantino felt much of this did not occur overnight. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, C/HP Cove Inc., 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. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 16, 2011, to an amount of $20,634.12, including administrative costs. Mr. Foot seconded the motion that unanimously passed. Case No. 09-2802 Anos Jovin, Elnita l. Garcia & Marie P. Dorceus 11 NW 28th Avenue Ms. Springer presented the case. The notice of violation was sent August 27,2009, for violations pertaining to the repair or removal of the fence, trash, trimming of trees, removal of wood from windows, repair of broken windows, installation of window screens, and repair or removal of the ramp to the front door. The case was heard on October 21, 2009, and no one appeared. A compliance date was set for October 31, 2009, or a fine of $500 per day would be imposed thereafter. The violations were corrected on August 29, 2011. Ms. Springer had been contacted over a year ago about a Lien Reduction and the respondent was given a list of items to correct including paying outstanding water bills. There was trouble getting the bank to pay the water bill so it was not eligible for lien reduction until recently. The water bill was put off several months until the Bank actually paid it. 5 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 The property is in foreclosure and the Bank was Wells Fargo. The issue was strictly a Bank obligation. laura Fabrizio, 4919 Memorial Highway, Tampa, Attorney for the Bank testified they received Certificate of Title on February 2011. They were in compliance, but she did not have the Affidavit of Compliance. The property was a single family home. It was not sold. Mr. Foot thought $16 thousand may be in line with the damage done to the neighborhood due to its appearance. There was also brief discussion that all fines were deposited into the General Fund and was inclusive of the administrative costs, so the administrative amount did not have to be added on. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Anos Jovin, Elnita L. Garcia & Marie P. Dorceus, 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 the aforementioned case by virtue of this Board's Order of October 1, 2009, to an amount of $1,6,000, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 11-1733 Victor & Sandra Santiago 604 NW 1st Avenue Ms. Springer presented the case, The notice of violation was July 6,2011, for violations to mow and trim the yard. The case was heard on August 17, 2011, and no one appeared. A compliance date was set for September 1, 2011, or a fine of $100 per day would be imposed thereafter. The violations were corrected on December 7,2011. Ms. Springer spoke with an individual on May 25th, and they were given a list of corrections to be made to apply for a lien reduction including replacing the air conditioning, an air handler, repair pool pump and fence, pressure clean the pool and repair open wiring. There were no outstanding bills to be paid at the time. Diane Balsara, 1200 S. Federal Highway, Unit 307, Boynton Beach, with Nautica Realty, testified she received the property on May 11, 2012. The Certificate of Title was issued on April 21, 2012, and they immediately contacted Code Compliance and reviewed the list of needed repairs. Additionally, the seller made additional repairs that were not required. The property was under contract and set to close. She had before and after photographs for the Board's review. The property had been in foreclosure. When the mowing violations were incurred, the property was not in foreclosure at the time and the prior owner was cited. To her knowledge the prior owner corrected the 6 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 violation and then the property was foreclosed. The bank owns the property and the servicer was Wells Fargo. They put considerable funds into the property. They needed additional repairs in order to qualify for the lien reduction such as improper gate latches on the fence, the pool was not maintained, exterior and screen enclosure repairs were made. They painted the interior and installed new carpeting. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Victor & Sandra Santiago, 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 the aforementioned case by virtue of this Board's Order of August 17, 2011 to an amount of $3,034.12, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 09-3216 u.s. Bank National Assoc. 428 NE 14th Avenue Ms. Springer presented the case. The notice of violation was October 7, 2009, regarding registration of a foreclosure property. The case was heard February 17, 2010, and no one appeared. A compliance date was set for March 4, 2010, or a fine of $50 per day would be incurred thereafter. The violations were corrected on December 6, 2011. This property had a long list of violations. Although the property was originally cited for just registration, the respondent had to have the windows repaired, install screens, repair the fence and gate, the sprinkler system and reduce loose articles. Those violations were corrected by July 23, 2012. Ms. Balsara first contacted Code Compliance on May 25, 2012, so the items were addressed in less than one month. Diane Balsara, 1200 S. Federal Highway, testified they received the property in December of 2011. It was tenant occupied and they were not able to access the property. They offered cash for keys and per federal statute, tenants are allowed 90 days of occupancy. The tenants extended their occupancy resulting in the Sheriff conducting a lock out. They did not have access to the property until April 25th. Chair Costantino inquired if Ms. Balsara understood the case arose because the Bank failed to register the property. Ms. Balsara could not answer for the Bank, but believed the property was registered at the time they received it. The registration was addressed two years later. Ms. Balsara had no knowledge of what occurred with the properties prior to receiving them as the properties go from attorney to attorney and servicer to servicer. Ms. Springer informed the members the Bank used the Law firm of David Stern. The attorney was notified, but U.S. Bank was not directly notified. 7 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 The property was under contract with a non-profit agency who would do a complete rehabilitation of the property. The sale price was in the low $40's, maybe $43K - $44K. The sale was handled through Wells Fargo who offers the properties to non-profits first. The Bank would pay the cost of the lien. The lien is not passed on to the buyer. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, U.S. Bank National Assoc., 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 February 17, 2010 to an amount of $3,834.12, including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. Case No. 09-3419 Marcia J. Osowsky 730 NE 20th lane Ms. Springer presented the case. The notice of violation was sent on October 28, 2009, regarding humanely securing a dog that must have a current tag and registration with the County. The case was heard on November 18, 2009, and Ms. Osowsky appeared. Two board orders were issued. One was to Cease and Desist by November 19, 2009 or a fine of $50 per occurrence for the leash law would be incurred, and the other was to comply by November 28,2009, or incur a fine of $150 per day for the registration The Cease and Desist Order resulted in 10 occurrences and the date of compliance for the other Board Order was May 16, 2012. Marcia Osowksy, 730 NE 20th Lane, was present. She testified she had been in a severe accident in November and was on crutches. She commented she has complied and she was short selling the property. As for her dog, Ms. Osowsky commented she was fixed and licensed for well over a year and more likely two years. She may have misunderstood the situation. She thought the violation was corrected the first time when she addressed the matter and did not know it remained. She explained the fine accrued was worth more than the value of the home. There were 10 occurrences when the dog was on the leash. She was only aware of two violations. She requested the lien be reduced so she could sell the property. The last violation was in 2009. Since the 10 occurrences, Animal Control Supervisor, Liz Roehrich, never saw or reported another occurrence. Since there were two separate Board Orders, each had to be addressed individually. As to the registration, Officer Roehrich did call the County who verified the dog was 8 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 registered on May 16, 2012. Ms. Osowsky commented Dr. Armstrong had seen the dog for over two years and she was micro-chipped at least a year and a half ago. Discussion followed about the fine amounts. The Cease and Desist order would not be reduced and the request would be denied. The remaining Board Order would be reduced to $1,180.15, Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent, Marcia J. Osowsky, has complied with all lien reduction procedures as set forth in section 2-84 through 2-89, the City of Boynton Beach Code of Ordinances, Mr. Coles moved that the fine instituted in the aforementioned case by virtue of the Board's Order remain as stated in said Order. Ms. Yerzy seconded the motion that unanimously passed. Chair Costantino reminded Ms. Osowsky that she was still under a Cease and Desist Order, and if the dog was caught without the lease, more fines would be incurred. 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 regarding the registration, by virtue of this Board's Order of November 18, 2009, to an amount of $1,180.15, including administrative costs. Mr. Bucella seconded the motion that unanimously passed. Case 10-1513 U.S. Bank National Assoc. 410 NW 3rd Street Ms. Springer presented the case. The notice of violation was May 18, 2010, regarding registration of a foreclosed property and to secure openings. The case was heard on July 21,2010, and no one appeared. The compliance date set was July 31,2010, or a fine of $150 would be imposed thereafter. The violations were corrected August 22, 2011. Ms. Springer was in contact with a realtor in August of 2011, who was working toward lien reduction and then heard nothing occurred until recently. The property owner, Mr. Jeanty, came to City Hall and learned of the lien. The title company did not conduct the search from the bank or former owner's name and never found the lien. In order to come into compliance, he had to replace a missing air conditioner and broken windows. All of it was done. The air conditioner was replaced, but the contractor did not pull a 9 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 permit. Ms. Springer spoke with the owner on August 17, 2012, and he was ready for lien reduction two weeks later. Eric Jeanty , 14797 Cumberland Drive. Delray Beach, purchased the property on May 24, expecting to receive a clear title. He did a routine search to ensure the property was recorded and discovered the lien the title company failed to discover. The property was the best looking property on the block. He spent much money addressing the items the Bank did not in order to resolve the issue with the City. The property would be an investment property. It was not currently rented because he had to address the items in order to obtain the Business Tax Receipt. Mr. Foot inquired if there was any evidence if the openings were secure before registration. Ms. Springer explained the property was in complete compliance on August 22, 2011. There was a real estate agent working towards the lien reduction who stopped pursuing the reduction. When Mr. Jeanty purchased the property, the agent did not disclose there was a lien. Mr. Jeanty discovered the lien when he was checking to ensure the sale was filed. The title company was in Georgia. U.S. Bank uses a lot of offshore workers whom, he believed were located in India. When he contacted them, they did not respond until today. Mr. Jeanty would have to get an attorney to resolve the issue. Ms. Springer confirmed Alte Source, the company Mr. Jeanty dealt with, was a company in India as she deals with them every day. Mr. Jeanty explained he spent about $16,000 on repairs. The violations were in compliance before that time. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, U.S. Bank National Assoc., 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. Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board’s Order of July 21, 2010, to an amount of $2,634.12, including administrative costs. Ms. Yerzy seconded the motion that passed 4-1, (Mr. Foot dissenting.) Case No. 11-3343 Victor & Barbara Dieguez 2313 N. Congress Ave. #17 Ms. Springer presented the case. The notice of violation was December 12, 2011 pertaining to a Business Tax Receipt. The case was heard on December 15, 2012,2011 and no one appeared. A compliance date was set for February 25, 2012, or a fine of $150 per day would be imposed thereafter. The violations were corrected on August 8, 2012. The green card regarding the hearing was signed. 10 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 Victor Dieguez, 4400 Garden Avenue, West Palm Beach, did not offer testimony. Two checks were submitted for two properties that were situated in the same complex. He was working with Code Officer Courtney Cain, and was unaware he had to attend the hearing. Ms. Springer explained Mr. Dieguez had another unit in the complex and he did obtain the inspection for the Business Tax Receipt. The subject unit did not receive an inspection because no one was living in it at the time. A tenant moved in a month later and moved out and another tenant moved in about a month and a half after that. Mr. Dieguez reiterated he was working with Officer Cain at the time. He had received correspondence regarding the violation and Ms. Springer confirmed he sent in money for both units. When queried if a refund was received, Mr. Dieguez responded the money was not refunded, nor did he pursue it. Mr. Dieguez thought Officer Cain inspected both units, but apparently did not. Ms. Springer thought it may not have been because it was unoccupied or no one was available to let him in. She reiterated the payment was submitted for both. Notices were issued indicating the application was not complete for the Business Tax Receipt because of the lack of the inspection. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondents, Victor & Barbara Dieguez, 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. Bucella moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 15, 2012, to an amount of $1,134.12, including administrative costs. Mr. Cole seconded the motion that unanimously passed. Case No. 11-3255 Citibank NA Trustee 805 SW 1st Avenue Ms. Springer presented the case. The notice of violation was on December 1, 2011, regarding registration of a foreclosed property, and mow and trim yard areas. The case was heard February 15, 2012, and no one appeared. A compliance date was set for February 25, 2012, or a fine of $250 per day would be imposed thereafter. The violations were corrected on August 14, 2012. Ms. Springer was contacted on July 31 st for a reduction and by August 9th, the work was done. The property was brought into compliance almost immediately. Susan Raab Popov, 8842 Cobblestone Point Circle, Boynton Beach, and Alex Bendien, Lyons Realty Group, 1851 Via Grenada, Boynton Beach, were present. 11 Meeting Minutes Code lien Reduction Boynton Beach, Fl August 20, 2012 Ms. Raab Popov got the listing from the seller three years ago, and she became ill and moved out of the country to Columbia. There were many offers for the property, but the buyers kept walking away because the Bank would not approve it. In December, the owner filed bankruptcy and they could move forward, but they still did not have a buyer willing to wait out the approval process. Mr. Bendien had a cash buyer with no contingencies or inspection so they continued with the work because the Bank would not do it. The sale price was $70K and they spent $800 in repairs. Discussion followed the registration became a moot point and the issue was the mowing, which was done in August. Ms. Springer commented it may have been in October 2011 when she received an email about the property and she notified them the property needed to be registered. Compliance occurred almost immediately, There was a prior case in 2008 the City lost having to do with a bankruptcy. That was when she started receiving emails from Ms. Raab Popov. She had correspondence in October 2011 regarding registration. Discussion turned to the fine amount. Mr. Bendien commented the transaction was a short sale so they only had a certain amount of money to work with. A $9,000 payoff would eliminate any chance for the sale. He represented the buyer and he expressed the buyer would not payout of pocket to clear the violation. The buyer was spending $70,000 to get the property out of foreclosure and had already paid $900 to restore the structure. The buyer intended to inhabit the home. Ms. Raab Popov reiterated she had this listing for three years and had watched the house deteriorate. It became dangerous to go to the property due to individuals inhabiting the structure and in order to have someone live there and improve the neighborhood, all had to work together. It would not happen if they had to pay the fees and the bank would just foreclose on the property. The Bank has appropriated about $2,300 to take care" of the violations. Chair Costantino commented they have to consider the neighborhood suffered. Ms. Raab Popov commented the Bank does not maintain properties in active short sales and she has tried to enlist their assistance, but they were uncooperative due to the status pending. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Citibank NA Trustee, 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 February 15, 2012 to an amount of $4,500, including administrative costs. Mr. Bucella seconded the motion that unanimously passed. 12 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Case No. 08 -3900 Raymond P. Marasco 1504 SW 18th Street Attorney Bridgeman administered the oath to the Respondent. Ms. Springer presented the case. The notice of violation was December 18, 2008, for violations pertaining to mowing, trimming, trash, and pressure cleaning the roof and driveway. The case was heard on January 21, 2009, and no one appeared. A compliance date was set for February 5, 2009 or a fine in the amount of $50 a day would be imposed thereafter. The violations were corrected on April 13, 2012. There were no outstanding bills and the property was registered on April 25, 2012. Cindy Kehoe, Mizner Grand Realty, 155 NE Spanish River Boulevard, Boca Raton, testified she represented the current owner, the Bank of America. Wachovia Bank, serviced by Bank of America, did not take title to the property until July 19, 2012. In the meanwhile, as soon as she was assigned as the listing agent, prior to the title being issued, they brought the property into compliance. She had no affiliation with the prior owner and had no knowledge of any liens, meetings or others until they were assigned as agents from the Bank. At that point they did whatever they could to bring the property into compliance, including paying off the bills. The Bank paid $1,160 to bring the property into compliance. It was currently under contract with the purchase price being $66,000. The certificate of title was not issued until July 19, 2012. Discussion followed about the lis pendens and jurisdiction. Attorney Bridgeman advised the City would not recoup its lien as the agent received the property before the certificate of title was issued. She recommended reducing the case to zero. The Board could recite the property and the proper entity. Motion Based on testimony and evidence presented in the aforementioned case and having been advised that the Respondent, Raymond P. Marasco, 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 21, 2009 to an amount of zero. Ms. Yerzy seconded the motion that unanimously passed. Case No. 12 -1201 Mark W. & Terri Thomason /Kew► E. Hoebee 2815 SW 5th St Kevin Ms Springer presented the case which arose from a complaint. The dwelling was a single- family, homesteaded property. An initial inspection was conducted on June 25, 2012, for violations of Chapter 15, Article 10, Section 15- 121 -124 of the Code, the Sexual Offender Ordinance. The written notice was hand carried to Mr Thomason and 13 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Mr. Hoebee on June 25, 2012, and gave 30 days to comply. Staff did not send the letter certified mail and hand carried the notice of hearing on August 8, 2012, to both Mr. Thomason and Mr. Hoebee. Kew Kevin Hoebee, general transient, Boynton Beach, and Terri Thomason, 2815 SW 5th Street, Boynton Beach were present Mr. Hoebee pled not guilty and testified he was in compliance before they ever hand delivered the hearing notice. He had paperwork from the Department of Motor Vehicles saying he was in compliance, was legally registered and had moved out of the home before the date the notice of hearing was delivered Ms. Springer had documentation showing on June 22, 2012, he was registered at 2815 SW 5th Street and then registered as a transient residing at Woolbright and Corporate Way, south of Lowes. Mr. Hoebee claimed he was not living at the 2815 SW 5th Street location but the Code Officer had been to that property to serve him and he was there. Mr. Hoebee commented the home belongs to his in -laws, and he has three children there that he visits. He was visiting when the Code Officer came by with the hearing notice and he had documentation he was registered somewhere other than the subject property. Ms. Springer noted the new location was still within 2,500 feet and in violation of the Ordinance. Mr. Hoebee differed and commented it was an approved location given to him by the Department of Corrections. Ms. Springer explained the Department of Corrections had nothing to do with the City's Ordinance. There was virtually no place within the City of Boynton Beach that was not covered by the Ordinance. Mr. Hoebee explained with the Corporate Way location, the Department of Corrections indicated he was in compliance of Boynton Beach Ordinances and State laws. At that point in time, the Department of Corrections indicated he fell under 1,500 feet. Discussion followed whether the violation could be carried over from the SW 5th Street address to another address to which Attorney Bridgeman explained it could not. Mr. Foot suggested this case be closed. Mr. Hoebee commented the address was changed on August 7, 2012. The Ordinance only specified he could not live there. It did not prohibit visits. Attorney Bridgeman explained a cease and desist order could not be issued as he complied within the timeframe. She also commented he was not currently under supervision, but there were laws and provisions in place which prevented him from living somewhere other than where he was registered. If someone discovered he was living somewhere else, it could be addressed through other avenues as a violation of registration. 14 Meeting Minutes Code Lien Reduction Boynton Beach, FL August 20, 2012 Motion Based on the testimony and evidence presented in the aforementioned case, Mr Bucella moved to find that Kevcn Kevin Hoebee is not in violation of Boynton Beach Code of Ordinances as cited. Mr. Foot seconded the motion that unanimously passed. Adjournment Motion Mr. Foot moved to adjourn. Mr. Cole seconded the motion that unanimously passed. The meeting was adjourned at 8:13 p.m. J Catherine Cherry Recording Secretary 082112 15