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Home My WebLink About311 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 19, 2006 - 6:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea. City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson • 3. Abatement Requests 3.1 Request by Schmitz Family Trust/Steve Lee Altland Trustee for consideration of abatement for Case #03-4607, for property located at 210 SW 71h Street (#1203-06-0560) Attorney Tim Ryan advised this is rental property with five citations. The fine ran for 505 days resulting in a $25,250 fine. The Code Enforcement Board reduced the fine to $5,000 based on the owner's statement that he did not have notice of the violations until the Code Board filed notice of foreclosure. The property came into compliance very soon thereafter. Steve Altman, 775 NW 49th Avenue, Plantation, owner of the property, stated he thought this was taken care of a year or two ago. He indicated there was a problem with communication with the City because they did not return phone calls. Attorney Ryan clarified compliance is not recorded unless the applicant calls in for inspection and the property passes inspection. Vice-Mayor Flury motioned to accept the Code Board recommendation of$5,000 with payment to be made within 60 days; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes • Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes 3.2 Request by Alphonso Thomas & Angie R. Freelove (1/2 interest each) for consideration of abatement for CEBOI-0115, for property located at 800 Phippen Road (#1203- 34-0310) Attorney Tim Ryan advised there were four violations that ran for 1,249 days for a total of $87,430. The mortgage holder foreclosed on the property and the City was joined as a defendant in the foreclose action. The property was purchased and the mortgage was paid and the owner of the property received additional funds; therefore the City was unable to collect its lien before the sale date. The Code Board recommended abatement to $27,000 because the property is in compliance. Paul Woods, Attorney for Dan Davies the current owner of the property, noted the violations have been corrected and the mortgage lender insinuated that this issue had been resolved. He later discovered the fine had not been resolved. He requested the Commission allow an abatement, and noted he thought that $27,000 was high for someone who was not responsible for the prior condition. Jose Arescida advised he was'the person who procured the money to stop the foreclosure. He indicated the property was purchased for approximately $34,000. He remarked they are trying to improve the property in order to sell it to someone else. Commissioner Bertino motioned to deny the abatement. Motion died for lack of a second. Commissioner McElyea motioned to accept the abatement of$27,000, with payment to be made within 60 days; seconded by Vice-Mayor Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes 3.3 Request by Ramgoh Sales, Inc., for consideration of abatement for Case #04-0031, for property located at 4699 SW 451" Terrace (#0125-01-0520) Attorney Tim Ryan advised this is a Trailer Park with 13 violations for a total fine of$33,793.50. Compliance was reached and the fine should have been around $25,000, so the Code Board recommended abatement to $10,000. Due to problems with the water service, we have come to consensus to abate this fine to $6,000. Monroe Care, 6191 SW 45th Street, Davie, attorney for the owner of property, concurred with • Attorney Ryan's recommendation. He noted the occupational license application was submitted Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 19,2006—6:00 p.m. • to the City two months before the deadline for compliance. The final fire inspection was made and the license was issued in June. He noted they accept the proposal to abate the fine to $6,000. Sean Brown, Fire Marshall, advised protection for the boat docks was the issue. The applicant still has until April 14, 2006 to comply. William Johnson, Chief Code Inspector, advised 12 of the 13 violations are in compliance. The 131h violation was for an occupational license which fire suppression would not approve. Sean Brown, Fire Marshall, clarified that the license has been obtained. The issue was fire protection for the docks and a one year extension was approved. Vice-Mayor Flury motioned to approve the abatement of $6,000, with payment to be made within 30 days; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Addendum 3.4 Consideration of the Final Settlement Agreement for CEB00-0666, Ivory and S. • McCutcheon for property described as Vacant Lot 200 Block of NW I" Avenue (#0234-01- 0120) Attorney Tim Ryan advised we filed a foreclosure action against the estate of Ivory McCutcheon and Shawn McCutcheon. The estate of Ivory McCutcheon was able to get out of the lawsuit successfully because the lien had been file during Ivory McCutcheon's lifetime. He died in prison and we filed the suit outside of the allowable time after a person's death; however, we were able to foreclose on Shawn McCutcheon's one-half interest. The Settlement Agreement provides that Shawn McCutcheon will pay $12,500 within 30 days of approval of the Commission. He advised the City is obligated to pay legal fees to the estate of Ivory McCutcheon which he estimated to be under $2,500. Commissioner McElyea motioned to approve the final settlement agreement of $12,500, with payment to be made within 30 days; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes • 4. Adjournment Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 19,2006—6:00 p.m. • Mayor Castro adjourned the meeting at 6:44 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR—COMMISSIONER LOUISE STILSON CITY CLERK Approved: February 14, 2006 • • Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 19,2006—6:00 p.m.