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HomeMy WebLinkAboutABATEMENT HEARING MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 20, 2008 - 6:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert C. Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Abatement Request for A.T. Construction, Inc. (Ahmad Tavakoli) for lot mowing and/or debris removal for the vacant lot west of 716 SW 9 h Street (#1203-34-0380) Attorney Tim Ryan advised this is a request to reduce the charges for lot mowing. He explained that the liens on this property go back to 1989 and the total due is $19,286.00, as of today. The property was recently purchased and the new owner will be seeking some relief from the Commission. Steven Straley, Attorney for the owner, noted his client entered into a strange agreement with the previous owner. Ahmad Tavakoli, property owner, noted he signed an agreement for a transfer of deed. He explained that for about five years he maintained the lots, but he stopped when the owner told him that he could not purchase the property because of the liens. Mr. Tavakoli advised he would like to build single family homes on the property. Attorney Straley noted Mr. Tavakoli was duped when he purchased the property and had no idea of the payment involved. He stated that the liens started in 1989, for a total of 32 liens, the interest is $9,000, and the recording fee is $90 each, while the actual charge for recording is $6- $10. Attorney Straley requested that the soft costs of approximately $14,000 be forgiven, and that his client only be charged for the hard costs. Commissioner Bertino motioned to uphold the $19,286.00 lien; seconded by Commissioner Anton. Attorney Ryan clarified for Vice-Mayor Castro that the recording and administration fees are also considered hard costs. He noted that if the applicant wants to dispute a reduction in the total fees, he should discuss the interest rate of$9,046.00 and not these costs. Attorney Straley responded for Commissioner Anton that Mr. Tavakoli bought the property from someone who acquired it through a tax deed. He advised that his client paid almost $35,000.00 for this property. Attorney Straley further noted that Mr. Tavakoli intends to start building as soon as he takes care of this debt. City Attorney Ansbro suggested the Commission deed restrict the property to a single family home. The motion failed on the following 2-3 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones No Commissioner Flury No Commissioner Flury motioned to reduce the interest by 50% ($4,523.00), with the total amount of$14,763.00 be paid within 60 days; seconded by Vice-Mayor Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes 3.2 Abatement Request for Olga Gonzalez, Case #06-0182, for property located at 809 NW 12u' Avenue (#0233-26-0090) Attorney Tim Ryan advised this case is for seven violations of failure to repair damaged windows; failure to obtain roof permit and repair roof; failure to repair all damaged paved areas; failure to paint and maintain building; failure to repair fence; failure to remove dead tree stumps; and failure to remove trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds,trees, shrubs and hedges. The fine ran for 552 days for a total of$82,968.00, including recording fees. He noted that the Special Magistrate recommended an abatement of $7,500.00. Olga Tanney, 1525 Arthur Street, Hollywood, commented that people do not understand how expensive it is to take care of older parents with health issues. Ms. Tanney noted this is why it Minutes of Meeting 2 Dania Beach City Commission Abatement Hearing Thursday,November 20,2008—6:00 p.m. took so long for her to bring the property into compliance. She advised that the property is a duplex that is rented monthly for $825.00 and $1,000.00 respectively, and the monthly mortgage payment is $1,400.00. Mayor Jones confirmed with Attorney Ryan that the property is currently in compliance. Commissioner Flury pointed out that if Ms. Tanney cannot take care of the property, she should sell it, for the benefit of the neighbors in the area. Commissioner Bertino motioned to abate the lien to $3,750.00, to be paid in 120 days; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.3 Abatement Request for Frank West, Case #06-0496, for property located at 149 NW q P P Y 14'h Avenue (#0233-11-0010) Attorney Tim Ryan advised this case is for four violations of failure to repair or replace windows and doors; failure to remove a dead tree from the property; and failure to remove miscellaneous debris from the property. The fine ran for 383 days for a total of$95,899.50, including recording fees. He noted that the Special Magistrate recommended an abatement of$9,500.00. Frank West, property owner, noted he did not have a reputable contractor. He explained this request relates to the tool shed which has been demolished. Mr. West asked for a reduction because he still has another case pending. He indicated that he needs to find a suitable place for him and his father to live. Nick Lupo, Code Compliance Manager, confirmed that the property is now in compliance. Vice-Mayor Castro motioned to abate the lien to $4,750.00, to be paid in 120 days; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.4 Abatement Request for Neville Crook, Case #06-1630, for property located at 2400 SW 580' Manor(#0232-22-0010) Attorney Tim Ryan advised this case is for four violations of failure to obtain an occupational license; failure to insure building meets City Code requirements for construction work; and outside lights, a water heater and shower installed without a building permit. The fine ran for Minutes of Meeting 3 Dania Beach City Commission Abatement Hearing Thursday,November 20,2008—6:00 p.m. 420 days for a total of $105,149,50, including recording fees. He noted that the Special Magistrate recommended an abatement of$40,000.00. Andrew Lafaver, attorney representing the applicant, indicated that the contractor used by Mr. Crook told him he was taking care of the problems, when in fact he never corrected them. Mr. Crook was a victim of the situation. Mayor Jones confirmed with Attorney Lafaver that the property is a Quadplex. Attorney Lafaver further noted that Mr. Crook lives in one unit and the other three units are rented monthly for$850.00, $950.00 and $950.00. Commissioner Bertino motioned to abate the lien to $40,000.00, as recommended by the Special Magistrate, to be paid in 120 days; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.5 Abatement Request for Robert M. Uhrie, Case#06-1706, for property located at 4661 SW 42nd Avenue (#0125-05-0050) Attorney Tim Ryan advised this case is for five violations of windows and hurricane shutters installed without a permit. The fine ran for 431 days for a total of $10,924.50, including recording fees. He noted that the Special Magistrate recommended an abatement of$1,000.00. Robert Uhrie, 4661 SW 42"d Avenue, noted he is currently trying to sell the property. He hired a company to install the shutters, and he was unaware that they did not obtain a permit. Commissioner Anton motioned to abate the lien to $1,000.00; seconded by Commissioner Bertino. Vice-Mayor Castro asked to reduce the amount to $500.00, Commissioner Anton amended the motion to abate the lien to $500.00, to be paid within 30 days. The motion carried unanimously. 3.6 Abatement Request for Michel Veillette, Case #07-0701, for property located at 311 SE 3`d Street, Unit 104 (#1203-CG-0040) Attorney Tim Ryan advised this case was for two violations of failure to obtain building permits for plumbing, electrical and structural work. The fine ran for 345 days for a total of$69,149.50, including recording fees. He advised that the Special Magistrate recommended an abatement of $6,900.00. Minutes of Meeting 4 Dania Beach City Commission Abatement Hearing Thursday,November 20,2008—6:00 p.m. V i I Michel e e 1 ette, property owner, asked Steven Sawyer to speak for him because he does not speak good English. Steve Sawyer, 311 SE 3rd Street, Apt. #206, president of the Meadowbrook Condominium complex, provided a detailed explanation of the work done at Mr. Veillette's property. He noted that Mr. Veillette was unaware that a permit was needed to make the repairs. Once notified, he hired a contractor and applied for a permit. Mr. Sawyer clarified that Mr. Veillete is a part-time resident in Florida and that the apartment is not for rent. Commissioner Anton confirmed that the repairs done at Mr. Veillette's apartment did not cause any inconvenience to the rest of the neighbors in the building. Vice-Mayor Castro commented that there should be a way for staff to link the citation and the time when the permits are obtained, so that we know that the case is in compliance. She would also like to know which cases require a permit. Commissioner Anton motioned to abate the lien to $1,000.00, to be paid in 30 days; seconded by Commissioner Flury. The motion carried unanimously. 3.7 Abatement Request for THB, Inc., Case #07-2375, for property located at 2510 SW 49a' Court(#0232-01-0110) Attorney Tim Ryan advised this is a vacant lot and the applicant was cited for five violations of untended vegetation; trash and litter on the rights of way adjoining the property; and outside storage. The fine ran for 253 days for a total of $38,091.00, including recording fees. The Special Magistrate recommended an abatement of $2,500.00. He noted that the owner was unable to take care of the problem because Broward County declared a portion of the property as wetlands. Troy Hipolito, owner of the property, noted the national preserve document had been buried in the records since 1976 and the only agency that knew about it was the Department of Environmental Protection. He noted that Public Services also cleaned up part of the property after the hurricane, which resulted in another lien. Mr. Hipolito pointed out that the Commission approved a site plan for 36 single family homes on the property but he cannot move forward with County approvals because of the liens. Commissioner Flury motioned to dismiss the case; seconded by Commissioner Bertino. The motion carried unanimously. 4. Adjournment Mayor Jones adjourned the meeting at 7:04 p.m. Minutes of Meeting 5 Dania Beach City Commission Abatement Hearing Thursday,November 20,2008—6:00 p.m. ATTEST: Q CITY OF DANIA BEACH L SE SON, CMC 0z° s F��rpT ALBERT C. DONE CITY CLERK = ` MAYOR—COMM IONER Approved: December 9, 2008 ATE° 19 Minutes of Meeting 6 Dania Beach City Commission Abatement Hearing Thursday,November 20,2008—6:00 p.m.