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HomeMy WebLinkAbout41 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 16, 2006 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:02 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Commissioner Castro motioned to excuse the absence of Commissioner Bertino; seconded by Commissioner MMcElyea. The motion carried unanimously. 3. Abatement Requests 3.1 Request by Fannie Bennet for consideration of abatement for Case #05-1350, for property located at 237 NW 51" Avenue (#0234-01-0380) Aretha Denise Bennet-Plummer, 3595 Golden Gates, Naples, Florida, granddaughter of the applicant, was available to.answer questions. Laurence Leeds, Director of Community Development, advised the Code Enforcement Board voted unanimously to abate the lien to $500 because the owner is an elderly woman and was living with relatives and did not receive the mailings. The family took care of the violations as soon as they were made aware of them. The original fine was $4,500. Ms. Bennet-Plummer stated her grandmother has Alzheimers Disease and is not capable of staying in the house by herself, therefore she stays with her in Naples. • Attorney Chris Ryan advised Ms. Bennet was living with her granddaughter in Naples, and that was the reason for the delay in the mail. Once the notice was delivered to the grandchildren, they corrected the violations. Ms. Bennet-Plummer advised the property has been sold. Vice-Mayor Anton questioned if the fine ($4,500) was paid when the property was sold. Ms. Bennet-Plummer responded yes. Commissioner Castro motioned to accept the Code Enforcement Board recommendation to abate the fine to $500; seconded by Vice-Mayor Anton. Attorney Ryan clarified the lien was paid on December 28, 2005 ($4,500). Commissioner McElyea asked if we would be refunding,the $4,000 difference. City Attorney Ansbro clarified that we would issue a refund in excess of the $500, if we received the escrow funds. If not, we will direct the escrow holder to send it to Ms. Bennet. Commissioner Castro clarified that only the original owner who was cited would be eligible for the refund, if the funds were received by the City. The motion carried on the following • 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 3.2 Request by Christine Taylor Est. % Jacquelene I. Kurland, for consideration of abatement for Case #03-5807, for property located at 31 NW 14" Court (#0233-13- 0130) Attorney Chris Ryan advised the applicant, Jacquelene Kurland, requested a continuance until the Abatement Hearing of May 18, 2006 at 6:00 p.m. Commissioner Castro motioned to continue the abatement request for Christine Taylor Est. until the May 18, 2006 Abatement Hearing; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 3.3 Request by Associates Financial Services of America, Inc. and Betty Cherry, for consideration of abatement for Case #03-4917, for property located at 728 SW 71" • Street (#1203-34-0860) Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, March 16,2006—6:00 p.m. • Attorney Chris Ryan advised the property was cited for three violations. The fine ran for a total of 325 days for a total fine of$32,600, which includes recording fees. The Code Enforcement Board confirmed the fine on September 7, 2004 and authorized foreclosure on May 9, 2005. The exhibits include a memorandum from his law firm indicating that the property is in foreclosure for the municipal lien and there is no hearing date set for the motion for summary judgment. He noted the attorney for the property owner has requested a reduction of the fine. Attorney Ryan's law firm recommended abatement to $3,000 because it is the only available funds that the property owner is able to pay at this time. Attorney Mitch Cesar, representing the property owner, noted the violation was corrected but the property owner was not knowledgeable that she needed to call for re-inspection. It was further compounded that some information was provided to the property owner's adult son, but not to Ms. Cherry. Unfortunately, the son did not forward the information to his mother. He noted that $3,000 is a great deal of money for Ms. Cherry, but she will make every effort to pay within 30 days. Ms. Cherry currently lives on the property, and the property has been in the family for 50 years. Questions arose as to how the City could foreclose on Homestead property. Attorney Ryan responded there must not have been an indication in the public record that it was a Homestead property;otherwise it would not have been foreclosed. Attorney Cesar clarified the adult son did not tell his mother about the notices until the foreclosure letters were received. The notices confirm that the son received the notices, not Ms. Cherry. The son never gave his mother the code violation letters. Ms. Cherry is employed, but $3,000 is a substantial amount for her to pay in 30 days. Commissioner McElyea motioned to approve the abatement of$3,000, with payment to be made within 30 days; seconded by Commissioner Castro. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton No Commissioner McElyea Yes Mayor Flury Yes Commissioner McElyea suggested the Code Citation should inform the property owner that the property shall be re-inspected in 14 days. City Attorney Ansbro noted the citation states the applicant must call for re-inspection. Mayor Flury noted it is incumbent on the property owner to call the City. Commissioner McElyea remarked they can call, but they don't get an answer. He thought it should be mandatory that the property be re-inspected because the fines continue for years. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, March 16,2006—6:00 p.m. • Laurence Leeds, Director of Community Development, indicated the problem with automatic inspections is the inspector keeps going out to inspect the work and it is not done. The property owner has to have some responsibility, and it is plainly stated on the letter. He does not have the staff to send out inspectors on every follow-up. Commissioner McElyea thinks the person should be able to bring in the document stating the violation has been corrected and wants the property inspected. He indicated it is difficult to get through to the Community Development Department by telephone. Mayor Flury agrees the property owner must have responsibility. She suggested there should be some automatic follow-up after a certain period of time so that large fines do not accumulate. She suggested a one year period could be considered when the department is fully staffed. 4. Adjournment Mayor Flury adjourned the meeting at 6:33 p.m. CITY OF DANIA BEACH • ATTEST: PATRICIA FLURY �Q MAYOR—COMMISSIONER LOUISE STILSON;CMC CITY CLERK Approved: March 28, 2006 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, March 16,2006—6:00 p.m.