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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.