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HomeMy WebLinkAbout2005-05-19 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 19, 2005 - 6:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 6: 06 p.m. 2. Roll Call Present: Mayor: Anne Castro Commissioners: Bob Anton John Bertino - arrived 6:15 p.m. C.K. McElyea City Attorney: Tom Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Patricia Flury City Manager: Ivan Pato 3. Abatement Requests 3.1 Request by Maresa S. Hudson for abatement of Case #03-5179, for property located at 314 SE 4th Street (Folio #1203 17 0217) Attorney Tim Ryan advised this case was for three violations of failure to cut weeds and have appropriate clearance of eight feet along the sidewalk; the installation of a canopy awning without a permit; and the failure to repair or replace a fence in disrepair. The fine was $100 per day and ran for 158 days. The Board recommended abating the fine to $2,000. He stated the property has been sold and believes the funds are in escrow. Harry Hippler, Attorney for the defendant, advised they pleaded hardship at a previous meeting because the fence became in disrepair due to a storm. He noted Ms. Hudson appeared before the Code Board and indicated she would make the repairs when she could afford it. He asked the Commission to approve the Code Board's recommendation of$2,000. He stated the house was sold and the money is escrowed. Commissioner McElyea motioned to accept the abatement of $2,000, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: • Commissioner Anton Yes Commissioner McElyea Yes Mayor Castro Yes 3.2 Request by Joseph F. & Margaret Enjedi and Jovan & Radinka Solic for abatement of Case #02-2272, for property located at 1401/1403 SE 2nd Avenue (Folio #1203 07 0390) Attorney Tim Ryan advised the violation was a recurring violation for outside storage of vehicles in disrepair. The case began in 2002 and because it was a repeat Order, the fine began the day the citation was issued. It was brought into compliance four days after the Board entered its Order, but had run for 49 days at $100 per day. The Code Board did not come to consensus on abatement. Jovan Solic, 1401 SE 2nd Avenue, remarked he had a problem in the City and the Code Enforcement Officer gave him a citation. He said two years later the Code Officer returned and said they did not comply, but he had no recollection of it. He indicated the City has been after them ever since the City starting building up in the area. He said he never received a citation. Mr. Leeds produced photographs and advised there is a presumption when the Code Board rules on the abatement that the procedures were followed and that the applicant was properly notified. • Attorney Ryan noted Mr. Slovic had been cited a couple of years earlier for having derelict or abandoned vehicles. There had been a citation issued and either a Finding of Fact or an Order was entered and given time for compliance. He advised if another violation occurs within the next five years to the same property owner, the second citation is a repeat violation and allows us to begin running the fine from the date the repeat violation was issued. The fine is $5,000. Commissioner Bertino arrived at 6:15 p.m. Joseph Enjedi stated he had no knowledge the fine ran for so many days; had he known he would not have let it run that long. He noted they received a citation two years prior for a shed that needed to be moved and they complied with that request. He said he did not live at the property when this case occurred and received nothing in the mail. Attorney Ryan clarified there were two prior Orders from September and December of 2000; one for a roof violation. The May 2002 Order indicates the fine began on March 22, 2002; the compliance date was in May 2002. Commissioner Anton motioned to accept the existing $5,000 fine; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner McElyea Yes Commissioner Bertino Yes Mayor Castro Yes Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, May 19,2005—6:00 p.m. • 3.3 Request by Myriame Denoi & Jonas Denoi, for abatement of Case #CEB00-0573, for property located at 1208 SW P Avenue ( New owner - Frank Belle) (Folio #1203 10 2070) Attorney Tim Ryan advised at the time the property was cited it was owned by the Denoi's, who no longer own the property. The abatement request was made by Frank Bell, who is the new owner. This case was a violation for a roof that was not watertight and had missing tiles. The case goes back to the year 2000 and the first fine ran for three years for a fine of$110,100. The Code Board recommended abating the fine to $1,500. Jason Dubow, Attorney for Mr. Bell, advised the property was beyond disrepair when cited. He indicated both he and his client did not know the Code Board had filed two liens on the property when they initially approached the Code Board. Mr. Bell lived next door to the property and took a Quit Claim Deed from the owners in 2003 and proceeded to improve the property. He presented photographs to the Commission of how the property looked before and after the improvements. He indicated the Code Board was impressed by the efforts taken by the homeowner and recommended abating the fine down to cost. Mr. Dubow asked the Commission to abate it to what they felt were the actual costs to the City. Commissioner McElyea motioned to accept the abatement of $1,500, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: • Commissioner Anton Yes Commissioner McElyea Yes Commissioner Bertino No Mayor Castro Yes 3.4 Request by Myriame Denoi & Jonas Denoi, for abatement of Case 4CEB00-0506, for property located at 1208 SW 3rd Avenue (New owner - Frank Belle) (Folio #1203 10 2070) Attorney Tim Ryan advised this is the same property but it was cited for the outside of the building not being painted, a fence in disrepair, and a wall that needed to be taken down. The fine ran for over three and a half years at $250 per day. He noted the lien ($347,000) exceeded the value of the property. The Code Board recommended abating the fine to $1,500. Commissioner Anton motioned to accept the abatement of $1,500, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner McElyea Yes Commissioner Bertino Yes Mayor Castro Yes • Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, May 19,2005—6:00 p.m. • 4. Adjournment Mayor Castro adjourned the meeting at 6:45 p.m. CITY OF DANIA BEACH Q"— C'� ATTEST: ANNE CASTRO AMAYOR—COMMISSIONER LOUISE STILSON CITY-CLERK Approved: June 14, 2005 • • Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 19,2005—6:00 p.m.