Loading...
HomeMy WebLinkAbout2005-01-20 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 20, 2005 - 6:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 6:03 p.m. 2. Roll Call Present: Mayor: C.K. McElyea Commissioners: Bob Anton Patricia Flury Assistant to the City Manager: Bonnie Temchuk City Attorney: Thomas Ansbro Deputy City Clerk: Miriam Nasser Absent: Vice Mayor Bob Mikes • Commissioner Robert H. Chunn, Jr. 3. ABATEMENT REQUESTS Item #3.5 was heard first to allow Fire Marshal Ed Tarmey to present the case. 3.1 Request by Davidson Forgues, for abatement of Case #CEBOI-0141, for property located at 1476 W. Dixie Highway (Folio #1203-00-0610) (Continued from November 18, 2004) Tim Ryan, Special City Attorney for Code matters, advised this item was continued from the November 18, 2004 Special meeting because Mr. Forgues was not present at the time. He explained that the property had used tires in the yard and the owner was cited on a recurring violation. The fine ran for thirty days for a $7,600 lien for failure to remove inoperable and unlicensed vehicles, failure to remove equipment and other materials stored on the property and failure to repair or replace the fence. The Code Enforcement Board recommended abatement to $3,OOO to pay within six months, but this did not take place. Davidson Forgues, 1476 W. Dixie Highway, petitioner, explained he could not pay at the time because he did not have the money. • Mayor McElyea commented he knows the property well and he also knows Mr. Forgues has had lots of problems with the landlord. He said we needed to help Mr. Forgues. Commissioner Anton asked how much was the City's cost in this case. Laurence Leeds, Community Development Director, replied it was about $1,000. Commissioner Flury motioned to abate the fine to $500.00, if paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3/0 roll call vote: Commissioner Anton -yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes 3.2 Request by Virgilio & Carmen Nicodivi, for abatement of Case #03-5738, for property located at 5731 SW 24th Avenue (Folio #0232-19-0081) • Attorney Ryan advised this property was originally cited on 11/17/03 for 4 violations and given 5 days to comply. The defendants did not comply and were heard by the Code Board on 2/02/04. The Code Board issued a final order giving the defendants 30 days to comply or a fine of $150.00 per day would be levied. Their compliance date was 3/24/04 and they did not comply until 9/7/04. The fine ran for 167 days for a total of$25,150 which included the $100 recording fee. After hearing testimony on 12/6/04, the Code Board recommended abatement to $20,000.00. He added this was a residential property. Mr. Virgilio Nicodivi, 5731 SW 20 Avenue, petitioner advised they had complied with a couple of violations, but after that his father-in-law passed away and they could not take care of the fine. He was here to ask for a fair settlement of the case. Commissioner Anton asked how does the property look now. Laurence Leeds, Community Development Director, advised the property has been cleaned. Mayor McElyea wanted to know how much was the City's cost in this case and how the rest of the neighborhood looked. Attorney Ryan advised it was approximately $1,000-$1,500. Director Leeds said other people on the same street had also been cited. Minutes of Abatement Hearing 2 Dania Beach City Commission January 20, 2005—6:00 p.m. Commissioner Flury was concerned to see they are still having vehicles repaired in their yard. She also commented on the hard work of the Code Enforcement Board. She would agree to reduce the amount but not too much. Commissioner Anton motioned to abate the fine to $15,000, if paid within 30 days; seconded by Commissioner Flury. The motion carried on the following 3/0 roll call vote: Commissioner Anton - yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes 3.3 Request by Jean S. Maurice, for abatement of Case #0-2113, for property located at 271 SW 8th Street (Folio #1203-41-0150) Attorney Ryan advised that this property was originally cited on 1/11/02 for having two vehicles without tags, and the defendant was given 5 days to comply. He did not comply and was taken to the Code Board on 5/06/02. The Code Board issued a final order giving the defendant 15 days • to comply or a fine of$75.00 per day would be levied. The compliance date was 6/14/02 and the defendant did not comply until 12/06/02. The fine ran for 175 days @$75.00 per day plus $100.00 recording fee for a total owed of$13,225.00. The fine was confirmed on 10/07/02. The Code Board recommended abatement to $1,500.00. Attorney Ryan indicated one vehicle has been removed, the other has the tag on the windshield. Jean S. Maurice, 271 SW 8th Street, petitioner asked to have the fine reduced. He had to go to his country because his father passed away. He added his wife has a medical condition as well. Attorney Ryan commented there has been some miscommunication, since Mr. Maurice did not contact the Code Enforcement Department in a timely manner. Commissioner Flury motioned to abate the fine to $500, if paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3/0 roll call vote: Commissioner Anton-yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea- yes Commissioner Flury - yes 3.4 Request by Lori N. Williams, for abatement of Case #03-4711, for property located at 5169 SW 28th Terrace (Folio #0232-10-0170) Attorney Ryan advised this property was cited on May 19, 2003 for 2 violations (failure to paint the building and no building number shown on the property) and given 30 days to comply. The Minutes of Abatement Hearing 3 Dania Beach City Commission January 20,2005—6:00 p.m. defendant did not comply and was brought before the Code Board on 2/2/2004. The Code Board issued a Final Order giving the defendant 45 days to comply. The compliance date was 4/08/04 but the property was not brought into compliance until 11/03/04. The fine is now $14,730. The Code Board heard the testimony on 12/06/04 and recommended the fine be abated to $2,000. Lori N. Williams, 6984 SW 39 Street, Davie, petitioner, briefly explained she has now sold the house and the Title Company is holding the money in escrow. She clarified the building number goes on the mailbox and not in the house itself. She requested the fine to be reduced. Commissioner Flury motioned to follow the Code Board's recommendation to abate the fine to $2,000, if paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3/0 roll call vote: Commissioner Anton -yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes • Item #3.5 was heard first to allow Fire Marshal Ed Tarmey to present the case. 3.5 Request by Exclusive Millwork, Inc., for abatement of Case #0-1926, for property located at 3277 SE 14th Avenue (Folio #0223-00-0353) Attorney Ryan advised this property was originally cited on 11/29/01 for one violation and the defendant was given 90 days to comply. They did not comply and case was taken to the Code Board on 4/01/02. The Code Board issued a final order giving the defendant 120 days to comply or a fine of $100.00 per day would be levied. The compliance date was 8/24/02 and the defendant did not comply until 11/19/04. The fine ran for 818 days and the total cost, including $100 recording fee, amounted to $81,900. This case was brought back before the Code Board on 10/06/03 for foreclosure action and the Board gave the defendant a 90 day extension on the foreclosure action. The Board approved the foreclosure action on 2/02/04. The Board recommended denying the abatement request. The petitioner was not present at this time. Ed Tarmey, Fire Marshal briefly explained that the 40,000 square foot building occupied by Exclusive Millwork Inc., had, under the original construction, been built at 20,000 square feet making 2 buildings. He added that when Exclusive Millwork took over the property, they removed the fire division wall, which now requires them to put in a fire sprinkler system. Fire Marshal Tarmey pointed out that although the fire wall was finally installed, the petitioner has not been cooperative at all. Minutes of Abatement Hearing 4 Dania Beach City Commission January 20,2005—6:00 p.m. • Laurence Leeds, Community Development Director, advised that the petitioner was notified by certified mail of tonight's hearing and a return receipt was accepted. Commissioner Anton motioned to follow the recommendation of the Code Board to deny the request, seconded by Commissioner Flury. The motion carried on the following 3/0 roll call vote: Commissioner Anton -yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes ADDENDUM 3.6 Request by Jerry Fowler, for Partial Release of Lien for Cases #'s CEB94-0111 and CEB93-0154, for property located at 801 NW 121h Avenue (Folio #0233-00-0012) Attorney Ryan explained that this property in located in the Melaleuca area and that there are • two existing liens on the property. When the liens are recorded, the liens attach to any/all property owned by Jerry Fowler. Mr. Fowler owned property in the Town of Davie and sold it. When a search was performed, the City liens came up and they are requesting that the City release the liens as to the Town of Davie property. The Town of Davie purchased the land from Sunny Lakes, with a view to utilizing the property as conservation lands. Code Enforcement Board recommends partial release of lien as to the Davie property only for $1,000 administrative fee. Stewart McIver representing the present property owner, Sunny Lakes, was here to answer any questions. He introduced Monroe Kiar, City Attorney for the Town of Davie. Attorney Monroe Kiar, 6191 SW 451h Street, Davie, advised the Town of Davie has purchased this property from Sunny Lakes, who acquired it on foreclosure action from Jerry Fowler. The Town of Davie would like to preserve it as natural wildlife area. Attorney Kiar brought a book to show the Commission what a beautiful area it is. The County was thankful to the Town of Davie for purchasing the property and contributed towards the purchase by 50% of the total cost of $3.4 million dollars. He requested that the liens be reduced as recommended by the Code Enforcement Board. Asked by Mayor McElyea where exactly the property was located, Attorney Kiar responded it was on Griffin Road, before the Turnpike, around 581h Avenue. Commissioner Anton asked for clarification as to.what was the connection between the property • at 801 NW 121h Avenue and the one located in the Town of Davie. Minutes of Abatement Hearing 5 Dania Beach City Commission January 20,2005—6:00 p.m. • Attorney Ryan explained that when a Code Enforcement Order is recorded along with the Supplemental Order Claim of Lien, it becomes a lien on the real estate where the violation exists and on any other real estate owned by that property owner within the County. He further advised that the property being discussed tonight is the one in Davie, for violations in 1993 and 1994. Staff is recommending releasing each violation for $1,000 each. The property owned by Jerry Fowler on 12th Avenue may still be in violation. It was not possible to bring that property to the Commission unless the Code Officer went out and did an inspection of that piece of property. Commissioner Flury motioned to abate the fine to $2,000, if paid within 60 days; seconded by Commissioner Anton. The motion carried on the following 3/0 roll call vote: Commissioner Anton -yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes At this time the representatives for Item #3.5, Exclusive Millwork Inc., arrived and indicated they thought the meeting started at 6:30 p.m. Mayor McElyea advised he will not re-open the case without the presence of the Fire Marshal. Petitioners were told this item will be re-heard at the Abatement Hearings meeting on March 24, 2005 at 6:00 p.m. Laurence Leeds, Community Development Director clarified that this case will be re-heard and the Fire Marshal will have to be present. Commissioner Flury motioned to continue Item 43.5 to the Abatement Hearings Meeting on March 24, 2005 at 6:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 3/0 roll call vote: Commissioner Anton - yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes 3.7 Discussion on the Estate of Robert Grace (represented by James Grace) for property located at 215 NW 51" Avenue (Folio #0234-01-4310) Attorney Ryan advised that the Grace property had some violations for debris removal and also an unsafe structures lien. The case was brought before the Commission on November 20, 2003, and after considerable discussion it was agreed to abate the fine of $7,830.78 by 50% with certain conditions: 1) Mr. Grace would execute a restrictive covenant so that the two lots may Minutes of Abatement Hearing 6 Dania Beach City Commission January 20,2005—6:00 p.m. • only be constructed with one single-family residence; 2) Mr. Grace would transfer title of the property to his name; 3) Mr. Grace would present to the City a title insurance policy that would show title guaranteed in his name; 4) if the conditions were not met within six months, Mr. Grace would be required to pay the full lien amount plus interest accrued to that date. Mr. Grace asked to come back before the Commission. In October, 2004 a Quit Claim Deed transferring the property into Mr. Grace's name was done and recorded in December, 2004. James Grace, petitioner, explained he has had problems with other relatives relating to the title transfer of the property. Mr. Grace clarified that the correct address is 215 NW 7th Avenue. He indicated that his daughter is planning to build a single family home on the two lots. Mr. Grace asked for the fine to be reduced. Commissioner Anton asked if he has now complied and how much was the cost to the City. Attorney Ryan advised that the total cost to the City was approximately $3,500. He added that he is confident that based on the Quit Claim Deed, he will be able to prepare the Restrictive Covenants to be signed by Mr. Grace. Commissioner Anton motioned to abate the fine to 50% of the original fine of$7,830.78, if paid within 90 days; seconded by Commissioner Flury. Further discussion followed regarding the hard cost to the City. Attorney Ryan indicated that the total hard cost to the City was approximately $3,500. A substitute motion was made by Commissioner Anton, seconded by Commissioner Flury, to abate the fine to $3,500, if paid within 90 days. The motion carried on the following 3/0 roll call vote: Commissioner Anton - yes Vice Mayor Mikes - absent Commissioner Chunn - absent Mayor McElyea - yes Commissioner Flury - yes 4. DISCUSSION OF SPECIAL MASTER It was the general consensus of the Commission to continue the discussion of appointing a Special Master, until after the Election in March of 2005. • Minutes of Abatement Hearing 7 Dania Beach City Commission January 20,2005—6:00 p.m. 5. ADJOURNMENT Mayor McElyea adjourned the meeting at 7:03 p.m. CITY OF DANIA BEACH ATTEST: C. M L E MAYOR-CO ISSIONER LOU•ISE STILSON CITY CLERK APPROVED: February 22, 2005 • Minutes of Abatement Hearing 8 Dania Beach City Commission January 20,2005—6:00 p.m.