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Minutes 08-28-13 TUTS OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD ON WEDNESDAY, AUGUST 2, 2013, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair David Tolces, City Attorney Gary Cale, First Vice Chair Diane Springer, Code Compliance Coordinator Alan Borrelli Kathleen Carroll RoseMarie Yerzy SENT: Carol Brenner 1. Call to Order Chair Costantino called the meeting to order at 6:30 p.m. A quorum was present. II. Approval of Agenda Diane Springer, Code Compliance Coordinator, announced the Respondents for Case No. 10 -468 and Case No. 09 -3309 were not yet present. Swearing in of Witnesses Attorney Tolces administered an oath to all those intending to testify. Ms. Springer distributed a letter to the Respondents detailing the procedures and appeals to the City Commission. She explained it could take up to a month and a half before the matter is final. When needed, she could issue a letter detailing the Board's decision, pending City Commission review, if requested. IV. New Business Case No. 11 -3198 US Bank National Assoc. TS 309 SW 4th Street Ms. Springer presented the case. The notice of violation was on November 28, 2011, for violations pertaining to mowing and maintaining all overgrowth. The case was heard on January 18, 2012, and no one appeared. The compliance date and fine set by the Board was to comply by January 28, 2012, or a fine of $250 per day would be imposed MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 thereafter. The violations were corrected on December 12, 2012, having 318 days of non - compliance. When Ms. Springer was first contacted, she checked the water and tax bills. All was up- to -date at that time and the case was in compliance. There needed to be an inspection for lien reduction and she emailed the real estate agency and title company to send a representative to repair or replace the garage door, clean and secure the pool, repair the pool enclosure, replace the pool filter, maintain overgrowth and pressure clean the roof. In February, a re- inspection took place and all but the fence was addressed. The Code Officer found the garage door was installed without a permit. Ms. Springer contacted the real estate agent, who paid for a permit, but the contractor did not pull one. A permit was eventually issued. The work was finalized on March 27, 2013, and the property passed inspection on April 11, 2012, making it eligible for a lien reduction. Sue King, 5629 Strand Boulevard, Naples, with Datauick Title, was present. She explained the property is a bank -owned foreclosure. It foreclosed slightly over $378,000. The list price was $149,900, but the contract price was unknown. Ms. King assumed the contract price was fairly close to the list price. They made over $43,000 of repairs on property and she produced receipts she provided to the Board. Ms. King got involved with the property about two months ago and that was when she found out about the garage door and a few other items to be corrected. There is a contract pending the release of the lien. Ms. Springer had photographs from May she showed to the Respondent and the Board of the interior and exterior of the home. Chair Costantino inquired if the buyer was purchasing the property as an investor. Ms. King did not know, but hoped it would be an end user. She thought if the buyer was an investor, there would be a loan. The buyer is purchasing the home from the bank after the bank foreclosed. It was noted the violations complied before the photographs were taken and the repairs were extensive. 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, Vice Chair Cale moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of January 18, 2012, to an amount of $7,634.12 including administrative costs. Ms. Yerzy seconded the motion that unanimously passed. 2 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Case No. 11 -852 USA Bank National Assoc. TR 729 Ocean Inlet Drive Ms. Springer presented the case. The notice of violation was April 18, 2011, for violations pertaining to registering a foreclosed property, securing and cleaning the pool, trimming the hedges in the front to four feet, removing trash and debris, and securing the home. The case was heard on June 15, 2011, and no one appeared. The compliance date and fine set by the Board was June 25, 2011, or $1,000 per day. The violations were corrected on June 1, 2013, having 706 days of non - compliance. The Respondent had to pay an outstanding water bill of $1,029.03 and taxes of $4,384.08. Ms. Springer was contacted on August 1, 2013, for a lien reduction inspection and they needed to repair the self - latching gate on the west side and obtain a permit for the water heater which was done. The property was re- inspected on August 20, 2013, and the Respondent had to mow and remove trash and debris. The property passed inspection by August 26, 2013. Barry Reuben, 5003 N. Travelers Palm Lane, Tamarac, who works for the owner was present. They bought the house in 2012 and inherited the violations. He represented Paul Rioff, of Coquina Cove, the owner, and had a notarized affidavit authorizing him to speak on his behalf. Mr. Reuben explained they cleaned the property, painted the house, did landscaping and it was mostly all outside improvements. They pulled a permit for a hot -water heater He was present to request a reduction. He had receipts, which were not produced. He explained they invested about $33,000 in the property and paid $3,000 in water bills, past electric bills, and closing costs. There was brief discussion about the repair of the self - latching gate. Ms. Springer clarified that did not mean the gate was open. The owners purchased the property in 2012 and secured and cleaned the pool immediately thereafter. Mr. Reuben believed it was around October 2012 when they purchased the home for $136,000. The home was an investment property. They had a contract, but it fell through. Vice Chair Cole noted he purchased the home in October 2012 and the pool was unsecured for 1.5 years. He thought they were very fortunate nothing happened. 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, Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $21,000, including administrative costs. The motion died for lack of a second. 3 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Chair Costantino noted the Board set a precedent on the swimming pools. The liens run with the property. A prior case involved a swimming pool and the Board reduced the fine to $65,000. She thought the Board should stay with the precedent. Chair Costantino liked $70,600. 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, Vice Chair Cole moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of June 15, 2011 to an amount of $70,600, including administrative costs. Ms. Yerzy seconded the motion that passed 4 -1 (Ms. Carroll dissenting.) Chair Costantino explained the Respondent can appear before the City Commission to request a further reduction. Case No. 11 -1835 Deutsche Bank National Trust Co. 3197 E. Palm Drive Ms. Springer presented the case. The notice of violation was sent on July 14, 2011, pertaining to registration of a foreclosure property and mowing and trimming. The case was heard on September 21, 2011, and no one appeared. The compliance date and fine set by the Board was October 1, 2011, or a fine of $150 a day would be incurred thereafter. The violations were corrected on February 25, 2013, having 512 days of non - compliance. The Respondent paid an outstanding water bill of $2,344.32. Ms. Springer was first contacted via email August 15, 2013, requesting a lien reduction inspection and they needed to replace the soffit and fascia, soffit screens and rear window, the window air conditioners, repair the gate on the north side in the front of the house, trim all overgrowth, sod the front yard, remove diamond mesh from the windows and weed or replace the driveway. The property was re- inspected on August 26, 2013, and passed. Don Clemens, 508 Harbour Road, North Palm Beach, the local contractor representing the AltiSource Property Preservation Division, had an affidavit authorizing him to speak on the Bank's behalf. Mr. Clemens, as the contractor, explained they took possession of the property in January 2013 and the yard was very overgrown. They trimmed the bushes and cleaned the yard shortly after taking possession. They secured the property, boarded broken windows and replaced the lock. They have been maintaining the property since then and the yard is mowed every two weeks. The property is under contract and the sale is pending the outcome of the lien reduction. When notified of the repairs needed for lien 4 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 reduction, they immediately complied. The fascia was repaired, the diamond screens were removed, windows and sod were installed, and house and mailbox numbers were installed. Mr. Clemens had before and after photographs which he showed to the Board. He had no idea whether the property would be an investment property. He estimated the repairs were $5,000 to $10,000. They have a contract, but he did not know for how much as he is strictly in property preservation. Currently, the property is secured. 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, Ms. Yerzy moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 21, 2011, to an amount of $14,634.12, including administrative costs. Vice Chair Cole seconded the motion that failed 3 -2 (Ms. Carroll and Mr. Borelli dissenting.) Attorney Tolces explained the motion failed. A quorum must be present and the majority of the entire Board must vote in the affirmative. The Board is a seven - member Board and has one vacancy. Even with six members, the majority was more than three. 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, Ms. Carroll moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of September 21, 2011, to an amount of $10,634.12 including administrative costs. Mr. Borelli seconded the motion that passed 4 -1 (Ms. Yerzy dissenting.) Mr. Borelli inquired whether the Board considers, when imposing a stiff fine, that it would prevent a resale and make the property unsellable. Attorney Tolces explained the Board is to look at what efforts were made to comply, the severity of the violations and the fact the property is in compliance. What happens to the property should not be part of the Board's concern. Case No. 12 -448 BAC Home Loans Servicing LP 8049 Stirrup Cay Ct. Ms. Springer presented the case. The notice of violation was March 14, 2012, to mow, weed and trim overgrowth and replace the broken window by the front door. The case was heard on July 28, 2012, and no one appeared. The compliance date and fine set by the Board was July 25, 2012, or a fine of $500 per day would be incurred thereafter, The violations were corrected on August 5, 2013, having 375 days of non - compliance. 5 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Ms. Springer was first contacted on August 1, 2013. The property was inspected and there were torn window screens, torn screens on the screen room that needed to be replaced, and the fence needed to be propped on the north and south sides. Compliance was verified yesterday and there were no outstanding water bills or taxes that had to be paid. Cyndi Michie, 1200 S. Federal Highway, Boynton Beach, and realtor for Nautica Realty, was maintaining the home for the Respondent, and explained they still own the property. When she contacted Ms. Springer, the title company said there was a violation on the property dating back to 2012. Nautica Realty got the property in May 2013. Ms. Michie learned of the property on May 1st, and had the window and overgrowth addressed. She requested a re- inspection and learned the screens in the back needed replacing as well as a broken window. Yesterday, the property passed inspection and Ms. Michie explained they spent about $1,000 on all violations. The property was originally registered on January 30, 2012, and re- registered on May 30th. BAC home loan servicing registered the property, but mail was sent to BAC in care of the Florida Default Group. The home does not have a contract on it at this time. Ms. Springer had photographs of the repairs she distributed to the Board. 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, Ms. Yerzy moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of July 18, 2012, to an amount of $8,730.15, including administrative costs. Vice Chair Cole seconded the motion that unanimously passed. Case No. 12 -1107 Mohammad Kibria & Farhan Newaz 21 Hawthorne Lane Ms. Springer presented the case. The notice of violation was June 14, 2012, pertaining to repairing a screen room, roof, and replace screening. Windows, window screens, and door handles needed to be replaced and pavers repaired. The case was heard August 15, 2012, and no one appeared. The compliance date and fine set by the Board was August 25, 2012, or a fine of $200 per day would be incurred thereafter. The violations were corrected on August 21, 2013, having 360 days of non - compliance. A water bill of $59.51 dollars was paid and the property was inspected on August 21, 2013, and passed. Nothing remained to be done. 6 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Cyndi Michie, 1200 S. Federal Highway, Nautica Realty, representing Fannie Mae in a bank foreclosure, was present. Nautica Realty received the property on June 20, 2013, and received the notice of violation on August 5, 2013. All the violations were addressed within 30 days. They repaired a screen room in the back, broken windows, a door handle, removed broken pavers and sodded the lawn. Ms. Michie explained they spent about $1,900 and there is a contract on the home. 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, Vice Chair Cole moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of August 25, 2012, to an amount of $5,634.12, including administrative costs. Ms. Carroll seconded the motion that unanimously passed. Case No. 10 -468 Mytrice Walker 70 Miner Road Attorney Tolces administered an oath to the Respondent. Ms. Springer presented the case. The notice of violation was February 18, 2010, pertaining to mowing and removing trash and debris. The case was heard on April 21, 2010, and no one appeared. The compliance date and fine set by the Board was May 6, 2010, or a fine of $50 per day would be incurred thereafter. The violations were corrected on July 20, 2010, having 75 days of non - compliance. The Respondent paid a water bill of $111.56 and there was a $544.44 municipal lien paid. Ms. Springer was first contacted in October 2012 for a lien reduction inspection. The Respondent resurfaced the driveway, repaired the fence, replaced broken windows and screens, repaired the light fixture, and trimmed an overgrown tree in the front yard. The property was re- inspected on July 3, 2013, and the Respondent had to install four - inch house numbers, remove trash in the back, replace the screen on the sliding door, replace the gate and install a mailbox. All of the work was done on July 18, 2013. Josh Joseph, TD Enterprises, explained he bought the property at auction last year in October 2012 and inherited the house problems. They over - improved the home and spent $31,000 on repairs. The home is a three - bedroom, one -bath home. They added a second bath, expanded the master bedroom closet, and increased and improved the electrical. They hired a general contractor, an electrician, plumber and someone for mechanical matters. They pulled a permit. The home is like new and has all new 7 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 windows and hurricane shutters. They installed sod and a sprinkler system and they put the home on the market. When the home was inspected for the lien reduction, some items on the list remained outstanding such as the driveway resurface, repair the fence, replace broken windows, screens, light fixtures, missing soffit screens, trim hedges in rear of property, trim overgrowth and the front tree. TD Enterprises is an investment firm that improves homes to sell. The City did not require the Respondent to make all the repairs they made. The property is for sale. 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, Ms. Carroll moved that this Board reduce the fine instituted in the aforementioned case by virtue of this Board's Order of April 21, 2010, to an amount of $2,634.12, including administrative costs. Vice Chair Cole seconded the motion that unanimously passed. The Board discussed the November and December meetings. Due to the holidays, the November Lien Reduction meeting will be on November 20, 2013, and the December Lien Reduction meeting will be held on December 18, 2013. Case No. 09 -3309 Mark McLeod 40 Desford Lane Motion Vice Chair Cole moved that the aforementioned case be tabled until the Code Compliance Board meeting to be held on September 25, 2013. Ms. Carroll seconded the motion that unanimously passed. Chair Costantino presented Ms. Springer with two cupcakes and she and the Board wished her a Happy Birthday. Attorney Tolces introduced Brian Sherman, an attorney with his office who was observing. Attorney Sherman may be at the meetings on occasion and the Board welcomed him. Chair Costantino also expressed the Board's deepest sympathy to Ms. Springer on the loss of two of her family members. 8 MEETING MINUTES CODE LIEN REDUCTION MEETING BOYNTON BEACH, FL AUGUST 28, 2013 Adjournment M otion There being no further business to discuss, Ms. Yerzy moved to adjourn. Ms. Carroll seconded the motion that unanimously passed. The meeting was adjourned at 7:24 p.m. 6 ( Catherine Cherry Minutes Specialist 090593 9