Loading...
HomeMy WebLinkAbout2005-03-24 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 24, 2005 - 6:00 P.M. 1. Call to Order Vice-Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Vice-Mayor: Patricia Flury Commissioners: Bob Anton C.K. McElyea City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Absent: Mayor: Anne Castro Commissioner: John Bertino 3. Abatement Requests 3.1 Request by Nancy J. Ouellette & Carla Cappellia for abatement of Case 403-5445, for property located at 4517 SW 52 Street (Folio #0136 02 0710) Attorney Tim Ryan advised this case is for trash and debris with a fine of$70 per day for 223 days for a total of$15,710. The Code Enforcement Board agreed to an abated amount of$3,000. Jeremy Cohen, Spink & Ouellette, P.A., advised they had no dispute with the Code Board recommendation. Commissioner McElyea motioned to accept the $3,000 abatement, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes 3.2 Request by Michel & Margaret A. Lessard for abatement of Case #04-0023, for property located at 5680 Cypress Drive (Folio 40232 16 5770) Attorney Ryan advised numerous citations were issued on the subject property for five violations including trash and debris, unlicensed vehicle, skirting on the mobile home, damaged screening, and work done without permits. The Code Board levied a fine of$100 if the violations were not corrected within 60 days. The fine accumulated to $9,700, and the Code Board agreed to a 50% reduction to $4,850. Larry Felker, representing the Lessards, remarked that he believes the record could be looked at, specifically the affidavit signed by Code Enforcement Inspector Will Dubisky. The affidavit is dated March 3, 2005, and that was based upon an affidavit and testimony of William Dubisky dated February 7, 2005. He noted that the affidavit of compliance and approved fine says "I, Gary Phaneuf, Code Inspector for the City of Dania..." However, the affidavit is signed by Will Dubisky. He feels his clients' due process was violated because if the meeting imposing the fine is based upon this affidavit, the affidavit is incorrect. He believes this fine is subject to attack and subject to a rehearing. He indicated other affidavits in the file are subject to question. He requested the case be reopened before the Code Enforcement Board. Attorney Ryan remarked the affidavit referenced is the affidavit of compliance. He noted that Will Dubisky was the Code Inspector throughout the whole case and he signed the notice of violation and testified at the hearing that was the basis for the order. He indicated what counsel is referring to is the affidavit of compliance that was signed on February 7, 2005. However, the property was already determined to be in compliance as of January 28, 2005. He stated the affidavit has a Scrivener's error and does not invalidate the fine or the affidavit. If the case were to be reopened, it would not change the date of compliance, we would just place a corrected affidavit and go through these steps again and prolong the process. City Attorney Ansbro remarked the entire process went through with Mr. Dubisky, and the ultimate conclusion is the case is in compliance. Attorney Felker remarked there was no fine imposed before the order imposing the fine that was based on the sworn affidavit. Attorney Ryan remarked Mr. Dubisky testified before the Board, which is the testimony that gives the information that imposes the fine. Commissioner McElyea motioned to accept the Code Board recommendation of$4,850, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, March 24, 2005—6:00 p.m. ® 3.3 Request by Palm Beach Polo Holdings, Inc. for partial release of lien of Case #02- 3248, for property located at 750 NE 7 Avenue (Folio #0235 17 0030) Attorney Tim Ryan advised Palm Beach Polo owns a marina property on the Cut-Off Canal that is in violation of City codes. This is a request to release property in Ft. Lauderdale which is subject to the lien on the Dania Beach property because it is owned by the same company. He indicated it has been the policy of the Commission to release properties outside of Dania Beach for a minimal amount because they are not subject to the violation. He recommended a partial release for the Ft. Lauderdale property for the amount of $2,000, and the balance of the lien would remain intact for the Dania Beach property. Commissioner McElyea motioned to approve the partial release of lien for the Ft. Lauderdale property in the amount of $2,500, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes 3.4 Request by Philip C. Reynolds for abatement of Case #02-3656, for property located at 48 SW 11 Street (Folio #1203 10 6470) Attorney Tim Ryan advised the lien totaled $28,400 and is the subject of a mortgage foreclosure, ® not a City lien foreclosure. The property is homestead property, however, we have indicated that we have costs in this file even though the proceeds of the sale remain protected. We have had negotiations with the attorney for the former owner of the property and there currently is money in the Court registry. He noted we recommended that the City would release the property in exchange for a payment of$2,800. Commissioner McElyea motioned to accept the $2,800, to be paid within 60 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes 3.5 Request by Exclusive Millwork, Inc. for abatement of Case #00-1926, for property located at 3277 SE 14 Avenue (Folio #0223 00 0353) Attorney Tim Ryan advised this commercial property was cited for a violation of the Fire Code. The violation continued for a period of 818 days with a $100 per day fine for a total of$81,800. He indicated it was determined that the water pressure was insufficient for a sprinkler system unless there were certain enhancements made to pumps. The Fire Department allowed a firewall to be installed to split the building into two structures so that it didn't come within the side where a sprinkler system was required. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, March 24, 2005 —6:00 p.m. • Ed Tarmey, Dania Beach Fire Marshal, advised the fine is so high due to their lack to acknowledge the Fire Prevention Code and their lack in response to come to conclusion. He noted they initially brought a signed contract from S&K for the sprinkler work, but they let the permit expire. He noted it took two years and eleven months to come to resolution. Ernest Graff, President of Exclusive Millwork, remarked he was allowed to operate with no fire sprinklers for three years before being told he was in violation of the Fire Code. He indicated they had some delays because they have been trying to survive since 9/11. He remarked it was very difficult to build the firewall with 45 people working in the plant. He pleaded for the Commission to reduce the $81,000 fine. Fire Marshal Tarmey commented when the building was originally constructed it did have a two hour firewall, however, Mr. Graff demolished the wall and created the code violation. He had no alternative but to have him sprinkler the building. He indicated it still took fifteen months to comply, and remarked they should have been concerned about the lives of their employees. Mr. Graff agreed he was in default but he has complied and the wall is completed. He noted it was impossible to shut down and build the wall. He indicated he came to the conclusion that he should pay a $16,000 fine because he believes he only had 167 days of non-compliance. He indicated the water pressure problem was not his fault. Commissioner McElyea motioned to reduce the fine to $40,950 with 90 days to pay; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: ® Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyca Yes Attorney Ryan advised that Exclusive Millwork has asked for an extension from 90 days to 120 days to pay their fine. Commissioner McElyca motioned to extend the payment period to 120 days for Exclusive Millwork; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes 3.6 Request by Zdenka Slomovic for abatement of two (2) Lot Mowing and/or Debris Removal Liens for property located at 5024 SW 28 Terrace (Folio #0232 08 0250) Attorney Tim Ryan advised we have two claims of lien totaling $523.18. Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, March 24, 2005—6:00 p.m. Zdenka Slomovic commented she should never have been punished for one case because the notice was issued on July13th and the violation was corrected on July16th; the notice gave three days to correct the violation. City Attorney Ansbro suggested the City write of the $351 lien, which would still leave a $171 lien for the second violation. Commissioner Anton motioned to abate the lien to $150, to be paid within 30 days; seconded by Commissioner McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes 3.7 Request by Robert Daniels for property located at 129 NW 6 Avenue (Folio #0234 01 0790) 3.7.1 Abatement of Case#CEB95-0169 3.7.2 Abatement of Demolition of Unsafe Structure and Claim of Lien 3.7.3 Abatement of Lot Mowing and/or Debris Removal Liens Attorney Tim Ryan advised this is currently vacant property with a $3,035.50 lien for Lot ® Mowing and Debris Removal; a $6,376.00 Demolition Lien; a $506.00 Water Bill; and a $20,050.00 Code Enforcement Lien. He noted the Code Board abated the Code Enforcement Lien to $5,000 last month. Harry Role, owner of HAR properties in Dania, advised he purchased the property from the children of Robert Daniels. He advised he is currently developing a property at 133 NW 6th Avenue, which is adjacent to this property. He noted he has built eight houses in Dania Beach during the past few years. He requested abatement from the Code Enforcement lien because he just found out that there are back taxes due in the amount of$13,000. He indicated he was aware of the Lot Mowing and Demolition Lien, and the water bill, but not of the Code Enforcement Lien when he purchased the property. Attorney Ryan advised the property is in foreclosure and the City has out of pocket costs of $2,500. Commissioner McElyea motioned to abate the liens to $12,500 for the Code Enforcement Lien, Demolition Lien, Lot Mowing Lien and Water Bill, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner McElyea Yes • Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday, March 24, 2005 —6:00 p.m. • Vice-Mayor Flury questioned when we would have a discussion on how to deal with the issue of Code violation cases. Commissioner Anton suggested during the April 8t" workshop. City Manager Pato remarked he would be ready to present options at the workshop. 4. Adjournment Vice-Mayor Flury adjourned the meeting at 7: 09 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO - MAYOR—COMMISSIONER LOUISE STILSON CITY CLERK Approved: April 12, 2005 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday, March 24, 2005 —6:00 p.m.