HomeMy WebLinkAbout321 - MINUTES - City Commission MINUTES OF MEETING
DANIA BEACH CITY COMMISSION
ABATEMENT HEARING
THURSDAY, JULY 20, 2006 - 6:30 P.M.
1. Call to Order
Mayor Flury called the meeting to order at 6:31 p.m.
2. Roll Call
Present:
Mayor: Patricia Flury
Vice-Mayor: Bob Anton
Commissioners: John Bertino
Anne Castro
C.K. McElyea
City Manager: Ivan Pato
City Clerk: Louise Stilson
Code Attorney: Tim Ryan
Absent:
City Attorney: Tom Ansbro
3. Abatement Requests
3.1 Request by Robert Lee Williams Estate for consideration of abatement for Case
#CEB 00-0578, for property located at 125 NW loth Court (#0233-10-0130)
Attorney Tim Ryan advised the property was cited for a roof repair and failure to obtain a permit.
A final order was issued giving the defendant 90 days to comply or a fine of$75 per day would
be levied. The fine ran for 98 days for a total of $7,350. The Code Board recommended
abatement to $600 because the work had been completed and the permit was pulled and closed
out.
Dale Williams, son of Robert Lee Williams, indicated the problem arose because the person who
completed the work did not ask for a final inspection. He and his family were not aware of the
lien until they wanted to sell the property. They are no longer interested in selling the property.
His mother handled the property after the death of his father and appeared at the Code
Enforcement Board hearings; he lived out of state and recently moved back to Florida.
• Commissioner McElyea motioned to accept the Code Enforcement Board's
recommendation to abate the fine to $600.00, to be paid within 30 days; seconded by
Commissioner Castro. The motion failed on the following 2-3 Roll Call vote:
Commissioner Bertino No Vice-Mayor Anton No
Commissioner Castro Yes Mayor Flury No
Commissioner McElyea Yes
Commissioner Bertino motioned to keep the $7,350.00 fine; seconded by Commissioner
Castro. The motion carried on the following 3-2 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro No Mayor Flury Yes
Commissioner McElyea No
3.2 Request by John Baleanu, for consideration of abatement for Case #05-0942, for
property located at 4031 SW 54" Court (#0136-05-0050)
Attorney Tim Ryan advised this case was for two violations: failure to replace or remove a wood
fence which is in disrepair and falling down, and overgrown grass. A fine of$50 per day ran for
a total of 99 days resulting in a fine of$4,950. The Special Magistrate recommended abatement
to $1,000 because the fence was repaired and the grass was cut and maintained.
Mr. Baleanu was not present at the meeting.
Commissioner Bertino motioned to keep the original fine of $4,950.00; seconded by
Commissioner Castro. The motion carried on the following 4-1 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner McElyea No
3.3 Request by Virginia Lopez for consideration of abatement of Debris Removal Liens
for property described as First Addition to Canal Groves 23-41 B Lot 2 Blk 8 (4510
SW 33ra Avenue, Ft. Lauderdale 33312) (#0230-03-0021)
Attorney Tim Ryan advised this is a lien placed by the Public Services Department for removal
of bulk trash and debris.
Virginia Lopez stated her house was severely damaged by Hurricane Wilma and the City placed
a notice that she could not reside in the house. She has not been in the house since October
2005. She produced records showing that she had a dumpster on the property on the days of the
violation, and questioned why she would have allowed trash on the property if she had paid for a
dumpster. She indicated her neighbors placed debris on her property while she was not living
Minutes of Abatement Hearing 2
Dania Beach City Commission
Thursday, July 20, 2006—6:30 p.m.
there. She currently lives in Aventura with her sister because her house is still under
construction. Ms. Lopez noted that she was told that she had a lien from 1997, which she was
unaware of.
Attorney Ryan clarified the three lot mowing liens in 1997 could have occurred when the
property belonged to Virginia or Larry Fisher. If the liens were placed after the property was
sold it would have been placed in the name of the new owner. He explained there is a 3-4 month
lapse in updating property records after a sale.
Ms. Lopez stated she purchased the property in early 1997.
Vice-Mayor Anton motioned to remove the 1997 liens for grass cutting, and to enforce the ,
payment schedule of $450.00 for the bulk trash removal; seconded by Commissioner
Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Anton Yes
Commissioner Castro Yes Mayor Flury Yes
Commissioner McElyea Yes
4. Adjournment
• Mayor Flury adjourned the meeting at 6:55 p.m.
CITY OF DANIA BEACH
ATTEST: PATRICIA FL1jKY
MAYOR—COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
Approved: August 8, 2006
Minutes of Abatement Hearing 3
Dania Beach City Commission
Thursday, July 20,2006—6:30 p.m.