Loading...
HomeMy WebLinkAbout2005-08-04 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, AUGUST 4, 2005 - 6:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato—arrived at 6:39 p.m. City Attorney: Tom Ansbro City Clerk: Louise Stilson City Clerk Stilson advised City Manager Pato would be late because he was attending the Chamber of Commerce Board meeting. 3. Abatement Requests 3.1 Request by Marcela Levy for abatement of three (3) Lot Mowing and/or Debris Removal Liens for property located in Paradise Manor 32-31 B, Lots 25-27, Block 1 (Folio #0234-30-0200, Folio #0234-30-0210, and Folio #0234-30-0220) Attorney Tim Ryan commented there had been a Code Board action for a significant fine in excess of $200,000 that was reduced in May to $3,000; otherwise, there is no Code Board involvement in this case. He believed Ms. Levy was acting on behalf of Hollywood Land Company. Connie Falzone, Public Services, advised the property was purchased by Marcela Levy in February and she is requesting abatement for 39 liens totaling $22,265.73 belonging to the former owner. The property was purchased for delinquent taxes. Marcela Levy advised she purchased the property in February and does not represent any company. They came before the Commission in May requesting an abatement for a very significant amount of money because they already have a project with an architect and are planning to build a house and improve the area. She purchased three twenty-five foot lots for $23,000. Attorney Ryan noted she paid $16,100 for the three properties. Commissioner Bertino motioned to deny the abatement, with the payment to be made within 30 days; seconded by Commissioner McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro No Commissioner McElyea Yes 3.2 Request by Netanel Katz for abatement of three (3) Lot Mowing and/or Debris Removal Liens for property located at 4971 SW 28'h Terrace (Folio #0232-08-0140); Request by Netanel Katz for abatement of Case #04-1229, for property located at 4971 SW 281' Terrace (Folio #0232-08-0140) Attorney Tim Ryan advised the property was cited for trash, debris, and overgrown weeds and grass. The Code Board recommended a partial reduction of the $5,590 lien by 50% to $2,795 because there had been a partial correction. The property has been sold and the money is in escrow. Ted Depusis, representing the Property Owner, stated his client moved back to Israel and no longer lives in the United States. His father was taking care of the property. He became aware of the violation when a title search was done during the sales process. The property was brought into compliance when he became aware of the situation. He noted the lot mowing liens have been paid. Vice-Mayor Flury motioned to accept the Code Board recommendation to abate the lien to $2,795, to be paid within 30 days; Mayor Castro passed the gavel and seconded the motion. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea No 3.3 Request by Admiral Security & Investment for abatement of Case #CEB93-0084, for property located at 1900 Block of Stirling Road (Folio #0233-34-0010) Attorney Tim Ryan advised this case began in 1993 and the lien total is $428,600. This is a vacant lot that was overgrown and had different material and junk stored on it. The Code Board recommended reducing the fine to $30,000 because the owner testified he thought the property had been in compliance and recently cleaned the property and fenced it so that it can now be • maintained. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,August 4,2005—6:00 p.m. ® Jason Dubow, attorney for Admiral Securities, remarked he finds a curious timeline for how we got to this point. His client obtained the property in November 1992 through a foreclosure action, and the City placed a lien in July 1993. The actual notice was sent to the attorney who handled the foreclosure and the owner was never notified. His client had constantly maintained the property by sending people out to do the work; he had no idea there was a Code Lien on the property. He indicated the adjoining property owners were using the vacant property for their own needs which created continuous violations. The Order was certified as being non-compliant in October 1993, yet there was no action by the City until 1999. He has a problem with the City not making any effort for six years, while allowing $100 a day to accrue and not sending any notices or making any effort for six years. It then took another five years before the City decided to foreclose on the property now that there is over $400,000 in liens. He indicated there are numerous liens and unpaid taxes against the property. He feels the City should have cleaned the property and charged his client for the clean-up, not wait until the fine was exorbitant then try to make money. He indicated the City is unfriendly in the way they treat commercial property owners. He noted the Code Board had a problem with the case because of the amount. He feels the City needs to recognize the property owner has invested thousands of dollars into cleaning the property, and asked the Commission to reduce the lien to $8,000. Attorney Ryan had sympathy for the fact that it is a vacant commercial property, and acknowledged the neighbors could be contributing to the debris. However in 1993, the testimony states that Mr. Olsen, of Admiral Security, requested 60 days to clean up the property. • In the 1999 hearing to confirm fine, Mr. Olsen appeared and made assurances that he would go out and clean the property. Commissioner Bertino commented there is still equipment parked on the property which is in violation. The property has been clear-cut; perhaps some trees have been removed without a permit; and he does not have any compassion for somebody who lives in an uppity town and lets our City look trashy. Commissioner Anton motioned to accept the Code Board recommendation of$30,000, to be paid within 60 days; otherwise the fine reverts back to the original amount. Mayor Castro passed the gavel and seconded the motion. City Manager Pato arrived at 6:39 p.m. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury No Commissioner Bertino No Mayor Castro Yes Commissioner McElyea No Commissioner Bertino motioned to abate the lien to $100,000, to be paid within 60 days; seconded by Vice-Mayor Flury. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Flury Yes Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, August 4,2005—6:00 p.m. ® Commissioner Bertino Yes Mayor Castro No Commissioner McElyea Yes 3.4 Request by Bill Vasiliades for abatement of Case #02-2388, for property located at 41 SE 14t" Street (Folio #1203-07-0090); Request by Bill Vasiliades for abatement of Case #CEBO1-0040, for property located at 41 SE 14t" Street (Folio # 1203-07-0090) Attorney Tim Ryan advised the smaller violation ($5,800) is for failure to have the building painted; the second is for an addition of a carport/shed constructed without permits, and weeds and overgrowth ($36,675). The Code Board recommended reduction to $10,000 due to the age of the property owner and his misunderstanding of the situation. Harry Hippler, attorney for Bill Vasiliades, commented the man is poor and in poor health. He does not live on the property, but lives with his father in Panama City. He is from Greece and cannot hear; there is a problem with communicating; so they asked the Commission to reduce the fine further if possible. Mr. Vasiliades stated he bought the house in 1979, as is, and has tried his best to take care of the house. He put in a carport and fence, but he could not find anybody to help him take down the shed. He stated he has no money to fix the property. Attorney Ryan advised the property is boarded up and there is a $757 charge from the City for its cost to board it up. The property will be sold and the new owner will evaluate as to whether or not the property can be saved or demolished. Attorney Hippler advised Mr. Vasiliades was forced to move out and wants to take care of the lien before leaving. He requested 90 days to pay the lien, and hopefully the property will sell. He indicated the house would need to be demolished. Vice-Mayor Flury motioned to accept the abatement of $3,250, to be paid at time of the sale; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Item #3.6 was heard after Item #3.4. Item #3.5 was heard after Item #3.6. 3.5 Request by Nissim and Shoshana Gozlan for abatement of Case #04-1135, for property located at 5540 Park Road (Folio #0232-32-0280) Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, August 4,2005—6:00 p.m. • Attorney Ryan advised the property was cited for overgrown grass, trash and debris. The lien was $28,900 and the Code Board recommended reducing it to $8,000 because the Board thought there was some confusion and misunderstanding by the defendant. Darren Gozlan, son of Nissim Gozlan, stated $8,000 is a lot of money and he knows they cannot pay it within thirty days. He indicated the problem was taken care of right away, but Mr. Dubisky did not respond. Nissim Gozlan stated the property is clean; he works as a handyman, and has no money. Attorney Ryan advised the property was in compliance in May 2005, and he believes it is a case of miscommunication. He suggested reducing the fine to $750. Vice-Mayor Flury motioned to accept the abatement of $750, to be paid within 60 days; seconded by Commissioner McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes Item #3.6 was heard after Item #3.4. 3.6 Request by Ravenswood Diesel, Inc. for abatement of Case #03-5771, for property located at 2144 SW 381h Street (Folio #0229-09-0231) Attorney Ryan advised this was a violation for remodeling work that had been done in a commercial building. The Code Board confirmed the fine at $1,300. Rachel Smith, tenant at 2144 SW 381h Street, and Joanne Coats, owner of Ravenswood Diesel were present. Ms. Smith commented they had the remodeling removed three days after attending the Code Board meeting. She stated no one told them they had to call for an inspection; they assumed someone would come by to make sure they complied. She noted they received their Occupational License and assumed everything was completed. Attorney Ryan clarified the order says they will not come out to inspect the property if the defendant does not notify the Code Enforcement Department. He believes there was a misunderstanding and suggested reducing the fine to $750. Commissioner McElyea motioned to abate the fine to $750, to be paid within 30 days; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes • Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,August 4,2005—6:00 p.m. Item #3.5 was heard after Item #3.6. 4. Adjournment Mayor Castro adjourned the meeting at 7:05 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR—COMMISSIONER LOUISE STILSON CITY CLERK Approved: August 23, 2005 • • Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,August 4,2005—6:00 p.m.