The URL can be used to link to this page

Home My WebLink About17 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 21, 2006 - 6:00 P.M. 1. Call to Order Vice-Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Mayor: Patricia Flury Commissioner Bertino motioned to excuse the absence of Mayor Flury; seconded by Commissioner Castro. The motion carried unanimously. 3. Abatement Requests 3.1 Request by Estate of Minnie Dawson, c/o Johnnie Mae Johnson, for consideration of abatement for Case #1315, for property located at 720 SW 7th Terrace (91203-34- 0460) Attorney Tim Ryan advised the property was cited for eight violations in 2001. A final order was issued giving the defendant 60 days to comply or a fine of $200 per day would be levied. The fine ran for 1,522 days for a total of$304,400, plus $100 recording fees. The property is assessed at $97,000; there is no mortgage on the property; and it is in foreclosure. Attorney Joyce Slater, representing the estate in the foreclosure, has requested a continuance. The Special Magistrate recommended abatement to $30,000, or any amount ordered by the City Commission, due to the property owner being deceased and the responsible party stepping in. The estate will not be able to pay the lien unless the property is sold, so 90 days would be needed to pay the fine. We are amending the complaint to join the estate as an additional party in the lawsuit. He • indicated that we are three months from a summary judgment. He said Attorney Slater will argue that the property was the homestead property of Minnie Dawson. Commissioner McElyea motioned to continue this case to the November 16, 2006 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion was defeated on the following 1-3 Roll Call vote: Commissioner Bertino No Commissioner McElyea Yes Commissioner Castro No Vice-Mayor Anton No Commissioner Castro motioned to accept the Special Magistrate's recommendation to abate the fine to $30,000.00, to be paid within 90 days, otherwise the fine reverts back to the original amount, and to close out an old case from 1994; seconded by Commissioner Bertino. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea No Commissioner Castro Yes Vice-Mayor Anton Yes 12 Request by Kathryn Fritz, for consideration of abatement for Case #05-1165, for property located at 4750 SW 27`h Avenue (#0229-03-0070) Attorney Tim Ryan advised this case was a violation of storage of an unlicensed vehicle. A fine • of$75 per day ran for a total of 105 days resulting in a fine of$7,875, plus recording fees. The Special Magistrate recommended abatement to $1,000 based on the severity of the violation and the length of time the property was in violation. This is homestead property assessed at $123,000, mortgage of$45,000, and the owner is out of state for cancer treatment. Commissioner Castro motioned to accept the Special Magistrate's recommendation to abate the fine to $1,000, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Vice-Mayor Anton Yes 3.3 Request by Michael A. Colamatto & Catherine Rose Wygladdalski, for consideration of abatement for Case #05-1405, for property located at 4931 SW 401h Avenue (#0136-06-2440) Attorney Tim Ryan advised this case is for failure to remove a race car from the property or store the race car in a wholly enclosed garage. The fine ran for 28 days resulting in a fine of$2,800, plus recording fees. The Special Magistrate recommended abatement to $1,500 based on the impact .the violation had on the surrounding neighborhood, and the property owner's legal expense to evict the tenant. • Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, September 21, 2006—6:00 p.m. Commissioner Bertino motioned to accept the Special Magistrate's recommendation to abate the fine to $1,500; to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner McElyea Yes Commissioner Castro Yes Vice-Mayor Anton Yes 4. Adjournment Vice-Mayor Anton adjourned the meeting at 6:20 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK • Approved October 10, 2006 • Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, September 21, 2006—6:00 p.m.