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Minutes 10-23-13 MINUTES OF THE CODE COMPLIANCE LIEN REDUCTION MEETING HELD ON WEDNESDAY, OCTOBER 23, 2013 AT 6:30 P.M., IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michele Costantino, Chair Shana Bridgeman, Assistant City Attorney Gary Cole, Vice Chair Diane Springer, Code Compliance Coordinator Alan Borrelli Carol Brenner Kathleen Carroll William Cwynar (arrived at 6 35 pm) Rose Marie Yerzy I. Call to order Chair Costantino called the meeting to order at 6:30 p m. A quorum was present. ll. Approval of Agenda Diane Springer, Code Compliance Coordinator, had no deletions and everyone was present III. Swearing in of Witnesses Shana Bridgeman, Assistant City Attorney 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. 05 -2114 1420 Holdings LLC 1420 SW 30 Avenue Ms. Springer presented the case. The notice of violation was sent on September 07, 2005, for site plan maintenance required. The case was heard on December 20, 2006 and no one appeared The compliance date and fine set by the Board was to comply by January 19, 2007, or a fine of $75 per day would be imposed thereafter 1 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Violations were corrected on May 26, 2007 having 126 days of non - compliance. The total amount of the fine was $9,450, however, the amount certified was the administrative cost of only $2,690.45. The Respondent contacted Ms. Springer several years ago about coming into compliance with the liens and also going for lien reduction. Respondent was not eligible to come before the Board due to issues on the property that had to be resolved and an issue with back taxes. Until the back taxes were paid the Board could not hear the case. Respondent paid $450 in application fees and taxes have been paid in full Respondent also paid an outstanding water bill of $1,966.03. Lien Reduction inspection was done on October 2, 2013. Respondent needed to repair pot holes and broken curb stops, restripe parking lot, replace missing shrubs on the island on the rear property line. Re- inspection was done October 08, 2013 and the property passed for lien reduction The respondent was present Raymond Greaves, 137 N. Swinton Avenue, Delray Beach, stated he is the property owner and explained there were issues with occupancy and parking approval. He was working on the site plan when other issues came up and he had to redesign the parking area to coincide with tenant occupancy. Mr. Greaves explained when this was happening, he did appear and was granted an extension; however, it was already in the violation stage Mr. Greaves advised he owned the property since approximately 1998. Chair Costantino commented there seemed to be a consistency of no one appearing. Mr. Greaves responded of the four cases, two notices were sent directly to the owner and four directly to the tenants. He never saw the notices that went directly to the tenants. He had met with Ms. Springer at that time and it was explained to him that was how it was done. Mr. Greaves stated once he became aware of the violations he took care of them immediately. Ms Springer added he was sent notification for all six cases and was cited for all six cases. Mr. Greaves did not appear for the original Board order, but may have appeared at subsequent meetings. Vice Chair Cole sought clarification of the amount for this case. Ms. Springer responded the fine certified is the administrative cost of $2,690.45. Ms Springer pointed out the Respondent did appear at the fine certification meeting on May 16, 2007 which was when the amount of $2,690.45 was certified. Ms Brenner inquired what was in the building and Mr Greaves replied there were warehouses, an auto repair shop, a collision shop, two granite companies and a millwork company. Chair Costantino asked if the property was brought into compliance in 2007 what had taken so long to seek a further reduction. Mr. Greaves explained when this happened, the economy was not doing well and there were problems collecting the rent. The 2 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 property taxes fell behind for about one year Things started to get better but he was not able to apply until the property taxes were paid Chair Costantino asked what Mr. Hallahan requested be done to bring the property into compliance. Ms. Springer announced she had pictures which she showed to Mr. Greaves and the Board Ms. Brenner wondered if there was a mortgage on the property. Mr Greaves responded there was not. Ms. Springer interjected the site plan called for replacement of missing shrubs, trees and pot holes had to be repaired. Mr. Greaves had to bring the property back to the original site plan. Mr. Greaves commented from the time of the original site plan there had been changes of tenants. When the parking lot was going to be repaired there were new requirements There needed to be a new parking plan to ensure there were enough parking spaces for the number of tenants occupying the building. Vice Chair Coles asked what the percentage of occupancy was and Mr. Greaves answered it was at 100% occupancy. Ms. Springer clarified the actual lien was the $9,450 plus administrative cost of $2,690 45 The Board only charged him the administrative cost. Ms. Brenner thought the $2,690.45 was a fair amount to pay. Mr Greaves paid off the property, all violations from 2007 and everything seems to be in order.. Mr. Greaves said he would accept that amount 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of the Board's Order of May 26, 2007 to the amount as stated in this set Order. Vice Chair Cole seconded the motion to maintain the balance as certified of $2,690.45 and the motion passed unanimously Case No. 08 -2942 1420 Holdings 1420 SW 30 Avenue Regency Design Center (Bay 4) Ms. Springer presented the case. The notice of violation was sent on October 06, 2008 for non - payment of annual fire inspection fee The case came before the Board on December 17, 2008 and no one appeared. The compliance date and fine set by the Board was January 16, 2009 or $50 a day Compliance was obtained on March 18, 2010 for 425 days of non - compliance for a total amount of lien at $21,250 plus $538.09 administrative fees. 3 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Raymond Greaves 137 N. Swinton Avenue, Delray Beach, Mr. Greaves explained this was one of the cases his tenant was notified and he was not. Ms. Springer stated the notices went to 1420 Holdings at 4699 N. Federal Highway #206 to Regency Design Center at 1420 SW 30 Avenue in Boynton Beach. The narrative indicates the October 20, 2008 notice was returned by the Post Office for 1420 Holdings and returned on October 21, 2008 for Regency Design. The property was posted Mr. Greaves alleged the 4699 N. Federal Highway address had not been valid since 2001. Ms. Springer commented the Property Appraisers Office and the Tax Collectors Office still had the address as his mailing address. Chair Costantino advised the addresses the Property Appraisers and Tax Collector's Office have is what is utilized. Chair Costantino informed Mr. Greaves it is his responsibility to make sure his address of record is correct The property had been posted on December 06, 2008 as well as February 05, 2008. Ms. Springer interjected there was a note in the file from Mr. Scott Blaisi he tried to contact the owner and the voice mail was full and could not leave a message. Mr Greaves asked for the total owed on this case and Chair Costantino replied $21,250 plus administrative costs of $538.09. Mr. Greaves contended that his tenant was required to pay that fee. Chair Costantino agreed, but it was Mr. Greaves' responsibility as the owner to make sure the fees are taken care of by his tenants. He understood and was upset this situation went awry over a $150 fee that turned into a $21,000 lien. He did not want to make excuses As he found out about these issues, he took immediate action. He stated he was under the assumption if a tenant had a responsibility of paying a fee it would not eventually become his problem However, he agrees that he understands this now Ms. Brenner inquired if the lease agreements covered payment of fees. Mr Greaves indicated it was general wording and he explains to them that prior to signing the lease they should go to the City to make sure they are in compliance with any requirements. Ms. Brenner suggested he make sure it is in the lease going forward or not let the tenant take occupancy until all fees and requirements have been satisfied. Mr. Greaves indicated Regency Design moved out a few years ago. Mr. Cwynar commented business owners have responsibilities and it is not the landlord's responsibility. It is the business owner's responsibility to get the business tax license, inspections and anything else that is required. It was his opinion these fines should go to the business and not the landlord. Ms. Brenner agreed with Mr Cwynar but also indicated Codes are in place to ensure the safety of the City. Ms Springer commented the City is governed by a State statute which holds the property owner responsible for any violations that occur on their property This is why the property owner is being cited. The property owner has insurance for the property and is responsible to ensure that everyone will be safe. The 4 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 inspection is more than just a fee. The officers check the lights, signs, fire extinguishers and that they are in the proper place and can be accessed when needed. Ms. Carroll commented, given what Ms. Springer stated, the lien goes to the owner of the property and Mr. Greaves is the owner The Board's role is to gain compliance At this point, a motion should be made. Mr Greaves added since all of these issues began there have not been any additional violations When a tenant has any kind of violation it is taken care of immediately. He was confident this would not be ongoing. Mr. Borrelli asked Mr Greaves if he ever spoke with a Compliance Officer Mr. Greaves replied he has spoken with a Compliance Officer many times Mr Borrelli inquired if Mr. Greaves had ever given a Code Officer his address and Mr. Greaves replied he had not been asked. His current address was on the tax records and the mailing address was current. Chair Costantino asked if the LLC property office had to have a fire inspection. Ms. Springer responded every bay in the building had to have a fire inspection. The building inspection consists of the sprinkler systems, certification and an independent inspection of each tenant which consists of their particular business. The only issues in the building have been the bays. 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 December 17, 2008, to the amount of $1,538 09 including administrative costs. Ms Carroll seconded the motion that passed unanimously Case No. 09 -338 1420 Holdings 1420 SW 30 Avenue Ms Springer presented the case. The notification of violation was sent on February 4, 2009 A permit was required for installation of French doors between units 14 and 15, and obtain a permit for demolition of the stud wall for unit 5. The Code Compliance Board hearing was May 20, 2009 and no one appeared. The compliance date and fine set by the Board was June 19, 2009 or $250 a day. The date of compliance was August 4, 2009 for 45 days of non - compliance with a total amount of the lien $11,250 plus administrative costs of $730 15. Raymond Greaves, 137 N. Swinton Ave., Delray Beach, FL. 33444. Mr. Greaves explained this was a notice given on a routine inspection in regards to a hole made in the wall. This was done by the property owner but when Mr. Greaves found out about it, went to the City The inspectors came back at which time Mr Greaves explained the 5 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 hole was not there when he purchased the building in 1998. Mr. Greaves said he met with Mr. Don Johnson at the Building Department and a complete new occupancy, with new calculations of the entire building, had to be made. The City was there to inspect the hole but found there was no record of French doors as well. Mr Greaves stated the doors where there since he purchased the building. Mr. Greaves explained the violation was the hole they made in the wall without a permit or authority to do so. Another site plan had to be done because of a change in occupancy. The new calculations cost $16,000 for permit fees and re- engineering. Mr. Greaves felt every time he met with inspectors at the building there was a new violation he needed to address. Ms. Springer advised it was a building issue which was initiated by the Fire Department on an annual inspection. The hole in the wall was actually made through a fire wall separating unit 14 and 15 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 Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $100 including administrative costs Ms. Brenner agreed with the fine reduction but felt the City is owed the administrative costs. Chair Costantino asked to raise the amount to $730.15 to recover the administrative costs. Mr. Cwynar said he would raise the amount to $250. After a vote of 2 -5 the motion failed. (Ms. Yerzy, Mr. Borelli, Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting). 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 May 20, 2009, to the amount of $730.15 including administrative costs Vice Chair Cole seconded the motion that passed 6 -1 (Mr. Cwynar dissenting). Mr. Greaves asked for clarification of the amount and Chair Costantino responded it includes five inspection and affidavit filing costs for a final amount of $730 15. Case No. 09 -355 1420 Holdings 1420 SW 30 Avenue (Isaloni Marble) 6 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Ms. Springer presented the case. The notice of violation was February 4, 2009 for the non - payment of annual fire inspection fee. The Code Compliance Board hearing was April 15, 2009 and no one appeared. The compliance date and proposed fine set by the Board was April 25, 2009 or $100 a day. There was compliance on June 25, 2009 for 60 days of non - compliance at $100 a day for a total fine amount of $6,000 plus administrative costs of $634.12. Raymond Greaves, 137 N. Swinton Ave., Delray Beach, FL. 33444 indicated this was the same as the Regency Design case where the tenant failed to pay the annual inspection fee He commented once he was aware of the violation he paid the fee. 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 Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 15, 2009, to the amount of $634.12. Vice Chair Cole seconded the motion that passed 5 -2 (Ms. Carroll and Mr. Cwynar dissenting). Case No. 09 -956 1420 Holdings 1420 SW 30 Avenue (Innovative Wood Studios, LLC) Ms. Springer presented the case. T notice of violation was April 7, 2009 for non- payment of annual fire inspection fee. The Code Compliance hearing was May 20, 2009 and no one appeared. The compliance date and proposed fine set by the Board was May 30, 2009 or $100 a day. Date complied was June 25, 2009 for 25 days of non - compliance at $100 a day for a total fine amount of $2,500 plus administrative costs of $634.12 Raymond Greaves, 137 N. Swinton Ave. Delray Beach stated this was the same situation as the previous two cases. 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 May 20, 2009, to the amount of $634.12 including administrative costs. Motion was seconded by Vice Chair Cole that passed 4 -3 (Mr. Borrelli, Ms. Carroll and Mr. Cwynar dissenting). 7 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Case No. 09 -1017 1420 Holdings 1420 30 Avenue Ms Springer presented the case. The notice of violation was April 9, 2009 for non- payment of annual fire inspection fee The Code Compliance hearing was May 20, 2009 and no one appeared. The compliance date and fine set by the Board was May 30, 2009 or $100 a day. There was compliance on June 25, 2009 for 25 days of non- compliance at $100 a day for a total fine amount of $2,500 plus administrative costs of $634.12 Raymond Greaves, 137 N. Swinton Ave., Delray Beach asserted there was an issue with the main sprinkler system. Inspectors came and determined the issue was on the outside with an alarm or a lock which has to do with the flow. Mr. Greaves explained the company he used to do his inspection put a lock on, but the City inspectors said it had to be an alarm. After some discussion, the same lock that was on at the time passed inspection the second time Mr. Cwynar clarified it is a tamper switch which are external in Florida. Ms. Springer commented this is for non - payment of the fee and has nothing to do with what violation may have occurred prior to the inspection. 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. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of May 20, 2009, to the amount of $1.00 Ms. Carroll seconded the motion that failed 3 -4. (Chair Costantino, Vice Chair Cole and Ms. Brenner dissenting). 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 May 20, 2009, to the amount of $634.12 including administrative costs. Vice Chair Cole seconded the motion that passed 4 -3. (Ms. Brenner, Ms. Yerzy, Chair Costantino and Vice Chair Cole dissenting). Mr Cwynar asked if inspections were done separately or simultaneously and Ms. Springer replied each case is done individually Inspectors do not necessarily go to the property Inspections can include research in the office to contact the Fire Department to see if fees were paid and other administrative work. Mr. Cwynar questioned the $96 charge for each case. Ms. Springer replied the fee is for the time a clerk or code officer spends doing research to see if the fee was paid 8 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Case No. 11 -3177 Bank of America, NA 131 NW 10 Court Ms. Springer presented the case. The notice of violation was November 23, 2011 for repair or replacement of the roof. The Code Compliance hearing was February 15, 2012 and no one appeared Compliance date and fine set by the Board was February 25, 2012 or $200 a day There was compliance on September 23, 2013 for 575 days of non - compliance at $200 a day for a total fine amount of $115,000 plus administrative costs of $634 12 The application fee was paid. Ms. Springer advised she was first contacted on September 20, 2013 that a new roof had been installed. The property was in compliance and Respondent requested a lien reduction inspection. The Code Officer found there was rotted wood on the rear door and soffit to be repaired or replaced. On October 7, 2013 the property was re- inspected and passed for a lien reduction. There were no outstanding water bills or taxes due on the property. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained she was notified of the violation on the property in July 2013. An estimate to replace the roof was obtained; however, the HOA halted any repairs to the roof because there was other construction going on in the community. A new roof was put for $11,425. When inspectors came out to re- inspect on October 1, 2013 they found the fagade needed to be redone. On October 7, 2013 the repairs to the fagade were completed at a cost of $450. Mr. Cwynar asked if this is a bank owned property and if the Bank has title. Ms Michie replied the bank does have title since the beginning of 2013. Ms Springer noted the bank was notified on November 23, 2011 Chair Costantino commented although the registration fee is not in question, someone at the Bank did register the property. Ms. Michie indicated Nautica Realty registered the property on December 20, 2012. Ms. Michie estimated the house value was $120,000. Ms. Brenner asked if the violations were noticed at the time of the listing or more recently Ms. Michie replied the Nautica Realty was notified in July that there was a Code violation. A tarp was put on the roof on January 15, 2013 due to a leak. Nautica Realty was notified in July of the Code violation but the HOA for the property would not let the work begin. Nautica Realty also had to obtain the permit and a letter from the Bank allowing the company to do the work Unfortunately the process takes longer with the Bank. 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 Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 15, 2012, to the amount of $634.12. Ms Carroll seconded the motion that failed 3 -5 (Ms. Brenner, Vice Chair Cole, Chair Costantino, Ms. Yerzy and Mr. Borrelli dissented). 9 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of February 15, 2012, to the amount of $5,750 plus administrative costs of $634.12. Ms. Brenner explained that is the number of days Nautica Realty has had the listing. Vice Chair Cole seconded the motion that passed 4- 3. (Ms. Yerzy, Mr. Borrelli, Ms. Carroll and Mr. Cwynar dissented) Case No. 10 -1336 Countrywide Home Loans Service 143 NW 14 Ave. Ms Springer presented the case. The notice of violation was May 3, 2010 to mow overgrown yard areas and trim overgrown vegetation The Code Compliance Board hearing was on July 21, 2010 and no one appeared Compliance date and proposed fine set by the Board was July 31, 2010 or $50 a day. There was compliance on October 21, 2013 for 1,177 days of non - compliance at $50 a day for a total fine amount of $58,850 plus administrative costs of $730 15. Ms. Springer was first contacted in June 2013 to verify if the case complied and to have the lien reduction inspection. The case did not comply at the time and there was also a list of other things to be done for lien reduction including replace missing window, replace missing screens, repair rotted wood on fagade and string on the car port, repair sprinkler system, front gate, remove or replace fence of driveway and replace missing air conditioner compressor. The property passed inspection for code compliance and lien reduction on October 21, 2013. No taxes or water bills were outstanding. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was first received in May 2013 and they were not aware there was a lien dating back to 2010 When the inspectors came back to re- inspect the property, they gave the list of other issues The fence was removed and all the windows in the back sunroom were replaced The inspectors came out and said the fagade had to be repaired. This was done When the inspectors came out to verify the work Ms. Michie was told about the air conditioner compressor She was back and forth with the inspectors for this property about every two to three weeks several months Whenever something needed to be done, it was done immediately Each time the inspector came out he would find something else wrong. The total amount of repair work was approximately $5,900. All windows and screens were replaced, rotted wood was removed, sprinkler system was repaired, replaced missing sliding glass door, removed chain link fence around the house and someone went twice to trim the trees. When the inspectors went the first time they said it was fine and when they came back they said the trees had to be lower. This property is under contract and waiting to close. Mr. Borrelli asked Ms. Michie if she complied each time the inspectors told her something had to be repaired and Ms 10 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Michie replied she personally went to the property to meet the contractors to make sure things were done correctly. Chair Costantino asked Ms. Springer about the narrative which says an attorney representing Countrywide Home Loans appeared on September 15, 2010 at which time the case was tabled until October 20, 2010 to give them time to get some of the issues corrected Ms. Springer said there was already a Board order but the fine was not certified Chair Costantino continued on October 30, 2010 another attorney appeared which was when the fine was certified. Ms. Michie asked for the dates the attorney's appeared and Chair Costantino replied that on September 15, 2010 Ms. Joann Gallipault appeared representing Countrywide Home Loans and the case was tabled until October 20, 2010 On October 20, 2010 Mr. James Karat, attorney for Countrywide Home Loans, appeared and the fine was certified for $50 per day. Mr. Cwynar asked when Countrywide took title and Ms. Michie replied she received the listing on May 6, 2013. Ms Brenner noted Bank of America received information on the violations and hearings and sent attorneys to represent them on two occasions. Ms Michie commented when the Bank foreclosed on the home there was a tenant in the home and nothing can be done on an occupied home. On April 29, 2013 the Bank paid Ronnie Luke (the tenant) $2,900 to vacate the property Ms. Brenner commented the Bank has a mortgagee clause allowing them to take care of the outside of the property such as lawn care. If there was someone in the property, it does not take over a year to evict them Chair Costantino commented the backup material says as of May 25, 2010 the property is vacant and it was registered as of November 19, 2009. On May 23, 2010 a property manager was called and informed of the violations. Mr. Borrelli asked Ms. Michie how much the house is worth and she estimated $120,000. 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 July 21, 2010, to the amount of $2,730.15 including administrative costs Ms. Yerzy seconded the motion that passed 6 -1. (Mr. Cwynar dissenting) Case No. 11 -2692 Citimortgage, Inc. 5 Baytree Circle Ms. Springer presented the case The notice of violation was September 30, 2011 for a property in foreclosure must be registered, mow overgrown yard and trim overgrown vegetation The Code Compliance hearing was January 18, 2012 and no one appeared. Compliance date and fine set by the Board was January 12, 2012 or $100 a 11 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 day The date compliance was March 26, 2012 for 57 days of non - compliance at $100 a day for a total fine amount of $5,700 plus administrative costs of $634.12. Ms. Springer was contacted by Mr Bronfield, Attorney for Citimortgage A lien reduction inspection on August 20, 2013 showed a list of violations to be corrected including remove the outside storage in the rear of the property, trim hedges in the rear of the property, repair the gates in the front and side, trim palms, remove horticultural debris, replace screens on front porch and repair wood on door front. After re- inspection the property passed There was an outstanding water bill of $60. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained her office received the property on August 20, 2013 and was notified on August 20 of the violations that needed to be corrected. The Bank approved the work and everything was finalized on October 21, 2013 The Bank has done approximately $9,800 worth of work to the property since August 2013. Vice Chair Cole asked if the property was under contract and how much the house was worth. Ms Michie responded the property is under contract but could not say how much the house is worth Mr Borrelli asked where the home is located and Ms. Michie responded Bay Tree Circle in the Meadows 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 January 18, 2012, to the amount of $1,634.12 including administrative costs. Mr Borrelli seconded the motion that unanimously passed. Case No. 13 -252 Citimortgage, Inc. 5 Baytree Circle Ms Springer presented the case The notice of violation was February 20, because property in foreclosure must be registered and secure the property. The Code Compliance Board hearing was April 17, 2013 and no one appeared Compliance date and fine set by the Board was April 27, 2013 or $300 a day. The compliance date was June 14, 2013 for 47 days of non - compliance at $300 a day for a total fine amount of $14,100 plus administrative costs of $634 12 The registration should not have been cited Ms Springer advised when the Code Officer looked up the address in FPRC it listed all addresses in Baytree Circle with a 5 in the address They scrolled down and did not see the address, however, there was a second page they did not see where it showed the property was registered on January 28, 2013 which was one month before the case began The only violation now is for securing the property. Cyndi Michie, Nautica Realty 1200 S. Federal Highway, explained the property was received by Nautica Realty on August 20, 2013 and was secured at that time. Ms. 12 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Michie did not know what transpired prior to her company taking it over Ms. Springer commented the garage door on the property was not completely closed. Ms. Springer had pictures which she showed to the Respondent and the Board. Mr Cwynar asked Ms. Springer how the officers are interpreting the codes when it says; "should" or "shall ". Ms Springer did not understand the question and Mr. Cwynar stated there is a difference in construction. 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 Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 27, 2013, to the amount of $634.12 administrative costs. Vice Chair Cole seconded the motion that passed 6 -1 (Mr. Cwynar dissenting). Case No. 09 -2812 James J. Heneghan 1812 Meadows Circle W. Ms Springer presented the case The notice of violation was August 27, 2009 for Business Tax Receipt required. The Code Compliance Board hearing was November 18, 2009 and no one appeared. Compliance date and fine set by the Board was December 18, 2009 or $100 a day. The compliance date was August 23, 2013 for 1,348 days of non - compliance at $100 a day for a total fine amount of $134,800 plus administrative costs of $63412. Ms Springer was contacted in August by Mr Heneghan The lien was discovered because he was selling other properties The owner was cited on August 27, 2009 for the lack of a Business Tax Receipt for the rental property. The application was made on November 24, 2009 Mr. Heneghan contacted the office and was advised he did not have a Business Tax Receipt because the property was never inspected He was contacted by Business Tax Receipt and was advised he had to pay the back years from 2009 -2014 before he could get the Business Tax Receipt. Mr. Heneghan paid and passed the inspection on August 23, 2013 There was an outstanding water bill of approximately $160 that had to be paid. Adam R. Seligman 4420 Beacon Circle, West Palm Beach was the Attorney representing Mr. Heneghan. After reviewing the case it appeared the property was purchased by Mr. Heneghan as a foreclosure from a bank. The wrong address was put on the deed which is what the County and City were using for correspondence and Mr. Heneghan did not get most of them Instead of Woodlawn Avenue it was written as Woodland Avenue on the deed. Mr. Heneghan did not receive any notices of this issue. A title search was done in August which was when Mr. Heneghan was made aware and immediately contacted Ms. Springer to make payment Mr. Sellgman stated Mr. Heneghan paid the back taxes, utility bills and anything else that was outstanding. The property is under contract which was supposed to close last month but has been 13 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 extended until the 31" of October Mr. Seligman is asking for the lien reduction for administrative fees only. Chair Costantino asked Ms Springer to review what has been paid on the property. Ms Springer responded the other two properties Mr. Heneghan was selling were put on hold until he paid the lien on this property Mr Heneghan paid administrative fees to have those partial releases for him to sell the other two properties. He paid $134 for each of the two properties. Vice Chair Cole understood Mr. Heneghan had to pay the taxes going back to 2009 which was about $70 per year. Vice Chair Cole questioned if the mail was going to the wrong address. Ms Springer used the address 117 Woodland Avenue which is also listed in the Tax Collectors' Office and the Property Appraisers' Office and what was on the warranty deed. Mr. Seligman argued the wrong information was given which was the only address there was on file. The property was posted and legal service was obtained Chair Costantino asked Mr. Seligman got tax bills Mr. Seligman responded his client often paid his taxes delinquent. Mr. Heneghan had moved a few times since then and had been receiving them for the past couple of years. He has a different address now. Mr. Seligman stated the title company and the attorney that did the foreclosure could have made errors. 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. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of November 18, 2009, to the amount of administrative costs of $634.12 Motion died for lack of a second. 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 November 18, 2009, to the amount of $5,634.12. Mr Seligman interjected the issue is lack of due process. Chair Costantino replied the vote was in progress. Ms Yerzy seconded the motion that failed 4 -3. (Ms Brenner, Mr. Cwynar and Mr. Borrelli dissented). Ms Brenner concluded the owner should know taxes have to be paid and an inspection must be done, but on the other hand Mr. Heneghan made good on other things Mr. 14 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Seligman commented Mr. Heneghan lives out of State and only saw the property once. He is not an investor Chair Costantino remarked it was not a question of making good on some things Mr. Heneghan rented this property and had people living there There was no way of knowing if the property was safe, no inspections and no way to tell what was happening in the property. Ms Brenner asked if this property is in foreclosure or a regular sale Mr. Seligman replied it is a regular sale The property value is $47,000 and the lien is $133,000. Ms. Brenner specified it is $133,000 because of time that has elapsed. Chair Costantino contended it was a minor amount to pay to make sure the property would be inspected and be assured it is safe. Mr. Seligman alleged his client did not know he had to pay. Chair Costantino pointed out it was his client's responsibility to find out if someone was going to rent his property. In addition Mr. Heneghan had been collecting rent from the occupants. Vice Chair Cole's concern was the 1,348 days this property was in non - compliance. Chair Costantino stressed Mr. Heneghan allowed people to rent the premises without knowing it met the standards of the City Mr Seligman reiterated once his client found out he needed to pay he called Ms. Springer and paid the amount within days. He did not know it was an annual fee. Chair Costantino responded Mr. Heneghan did not finish the first one. 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 November 18, 2009, to the amount of $2,634.12 including administrative costs. Mr. Cwynar seconded the motion with an amendment to the amount of $2,000. Mr. Cwynar's amendment was not approved. The original amount of $2,634 12 was seconded by Ms Brenner and the motion passed 6 -1. (Mr. Cwynar dissented). Mr Borrelli inquired the amounts can be appealed to the City Commission. Chair Costantino added, if they appeal, the Commission has the right to reverse the Board's decision and uphold the full amount Ms. Springer agreed the Commission could agree with the decision, raise it, lower it, deny it or wipe it out Case No. 09 -3759 Tammy M. Anderson 550 NW 11 Avenue Ms Springer presented the case. The notice of violation was December 4, 2009 to mow grass and weeds The Code Compliance Board hearing was January 20, 2010 and no one appeared Date of compliance and fine set by the Board was January 30, 2010 or $200 a day. Date complied was August 30, 2010 for 211 days of non- compliance at $200 a day for a total fine amount of $42,200 plus administrative costs of $634 12 There were municipal liens of $481.63 to be paid, an outstanding water bill of 15 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 $3,060 80 and taxes in the amount of $10,468.43 Ms Springer was first contacted on August 05, 2013 to have the property inspected for lien reduction and the following violations needed to be corrected. replace missing window screens, remove bee infestation from the interior, place four inch house numbers on the building, mow and trim the overgrowth. On October 1, 2013 the Officer went to re- inspect the property and found the sprinkler was broken with water running all over the property Ms. Springer contacted Mr. Moyer of CBIH Properties and advised him there was a problem with the sprinklers and he immediately sent someone to fix it. Inspectors went back the following week and the property passed inspection Vince Moyer, CBIH Properties, 1070 NW 116 Street, Miami FI. explained Tammy M. Anderson gave a deed in lieu of the property to the bank three years ago Mr. Moyer purchased the property from the bank in May 30, 2013. Since purchasing the property Mr. Moyer has brought it to full compliance by paying all taxes, water, and liens. Ms. Yerzy asked Mr Moyer if he purchased the property to live in or rent and Mr Moyer answered he bought it for renting purposes. Mr. Moyer purchased the property for $25,000 Mr Borrelli asked if it was about 90 days since he bought the property and brought it into compliance. He had double pane windows fixed by a professional and he did not want to call the City until everything was done. Chair Costantino the original violation was to mow the grass and weeds. Mr. Moyer stated he mowed the lawn immediately and continued to do so every week and then every other week. Ms Springer commented this case complied in 2010 when the City mowed the property. Mr Moyer paid $481.50 for the municipal lien. 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 Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to the amount of $50 Motion died for lack of a second. 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of January 20, 2010, to the amount of $1,800.00 including administrative costs Vice Chair Cole seconded the motion that passed 5 -2 (Ms. Carroll and Mr. Cwynar dissented). 16 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Case No. 11 -311 Tammy M. Anderson 550 NW 11 Avenue Ms Springer presented the case The notice of violation was February 4, 2011 to mow and trim property and remove trash and debris. The Code Compliance Board hearing was March 16, 2011 and no one appeared. Compliance date and fine set by the Board was March 26, 2011 or $250 a day. Compliance was December 15, 2011 for 263 days of non - compliance at $250 a day for a total fine amount of $65,700 plus administrative costs of $634.12. Vince Moyer, CBIH Properties, 1070 NW 116 Street, Miami Fl. 33168 indicated this case was identical to case number 09 -3759 and he had no further testimony. Chair Costantino inquired when the property had been taken care and Ms Springer replied no notice was issued by the City. 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 March 16, 2011, to the amount of $634.12 including administrative costs Ms Brenner seconded the motion that passed 5 -2. Case No. 13 -430 2481 NW 2 nd Street LLC 2481 NW 2 nd Street Ms Springer presented the case The notice of violation was March 14, 2013 to repair driveway and apply for and pass inspection for business tax receipt for rental property. The Code Compliance Board hearing was April 17, 2013 and no one appeared. Compliance date and fine set by the Board was April 27, 2013 or $150 a day. Date of compliance was September 27, 2013 for 152 days of non - compliance at $150 a day for a total fine amount of $22,800 plus administrative costs of $730 15. Ms. Springer was contacted on September 27, 2013 for a lien reduction inspection and it was found there was outside storage that needed to be removed, the fence on the south side had to be repaired and the frame on the window air conditioner unit needed to be repaired. The property was re- inspected on October 15, 2013 and passed inspection. There were no outstanding water bills or taxes. Jorge Tovar, 517 E. Lakewood Road, West Palm Beach, F1. 33405 the operation manager for the company, explained the first time he heard the property did not pass inspection as a rental was in April. The current occupant is the same person that lost the house Mr Tovar stated he tried to comply with the issues that needed to be resolved When the re- inspection was done more issues were brought up. Mr. Tovar explained he came to the hearing on July 23, 2013 at which time the case was tabled until August 21, 2013 Mr Tovar applied for a lien reduction in September. 17 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 Chair Costantino informed Mr. Tovar when a case is tabled, the time is still running. It is of the utmost importance to get the issue fixed as soon as possible and let the Code Department and re- inspect the property and stop the time. Mr. Tovar said at the time it was a window permit issue and that was why it was tabled. It was not until the second inspection that the driveway issue came up Mr Borrelli asked how much the house is worth, but Mr Tovar had no idea. He reiterated the previous owner is still living in the property Chair Costantino commented it has been a rental property since March or April 2013 and the owner has been collecting rent without a business tax receipt Chair Costantino surmised if Mr. Tovar's employer purchased the property in 2011 and the person they bought it from stayed in the house, he was collecting rent from that person. Mr. Tovar commented he only worked for the company for one and a half years. Chair Costantiono asked if rent is being collected now and Mr. Tovar said $700 a month was collected now. Ms. Brenner asked Ms. Springer if the owner was fined for the BTR or if he came in and made the application. Ms. Springer related the owner was cited in March and made application in April 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of April 17, 2013, to the amount of $2,280.00 including administrative costs. Ms Yerzy seconded the motion that passed 5 -2 (Ms. Carroll and Mr Cwynar dissented). Case No. 13 -1067 Amazing Houses, Inc. 1480 Via De Pepi Ms. Springer presented the case. The notice of violation was May 17, 2013 to apply for and pass inspection for business tax receipt for rental property. The Code Compliance Board hearing was July 17, 2013 and no one appeared. Compliance date and fine set by the Board was July 27, 2013 or $150 a day Compliance was October 17, 2013 for 81 days of non - compliance at $150 a day for a total fine amount of $12,150 plus administrative costs of $634.12. Ms. Springer was contacted by Mr. Brown, owner of 1480 Via De Pepi, last week and advised him his case did not comply because the property needed to be inspected as stated on the business tax receipt application. The property was inspected on October 17, 2013 and passed inspection. There were no outstanding water bills or taxes. Paul Seal, 12008 S. Shore Blvd., Wellington, explained the property is currently under contract. There was a tenant who received a notice in July about the non - compliance. Mr. Seal stated his client, Mr. Brown, contacted the Code Compliance Department and paid $82 for two years The check was returned because the fee is not accepted for 18 MEETING MINUTES CODE COMPLIANCE LIEN REDUCTION BOYNTON BEACH, FLORIDA OCTOBER 23, 2013 two years Mr. Brown sent another check for $49 on July 7, 2013 Mr. Brown also sent the application form to the Business Tax Department. Mr. Brown contacted Officer Peter Roy but the appointment for the inspection was not made at that time. The application was not processed for two and one half months until recently when the search showed a lien on the property. It was at this time Mr. Brown found out his application still had not been processed Mr. Seal advised he was present for the inspection last week and the property passed inspection. Mr Seal is asking for a lien reduction on behalf of his client. Ms. Brenner inquired how long Amazing Homes, Inc. had owned the property and Mr Seal replied since 2006. It has been a rental. The owners are investors who paid $360,000 for the property. Mr Seal was not aware of anything that happened in the past Vice Chair Cole asked how much the contract is for and Mr Seal replied $195,000 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. Cwynar moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 17, 2013, and that the amount be released. Motion died for lack of a second motion 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. Brenner moved that this Board reduce the fines instituted in the aforementioned case by virtue of this Board's Order of July 17, 2013, to the amount of $1,849.12 which is approximately 10% and includes administrative costs. Vice Chair Cole seconded the motion that passed 4 -3 (Mr Borrelli, Ms. Carroll and Mr Cwynar). V. Adjournment There being no further business to discuss, Vice Chair Cole moved to adjourn Ms Brenner seconded the motion that unanimously passed. The meeting was adjourned at 8 p.m Morales /race ecords Coordinator 10 -30 -13 12 hours 19