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Home My WebLink About2005-09-15 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 15, 2005 - 6:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 6:04 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 City Attorney: Tom Ansbro City Clerk: Louise Stilson 3. Abatement Requests 3.1 Request by Gregory Macneir for abatement of Lot Mowing and/or Debris Removal liens for property described as College Tract First Add 22-10 B Lot 13, 14 Blk 2 (Folio #1203-35- 0140) Attorney Tim Ryan advised the amount of the lien was $312 for the actual lot mowing and debris removal, a recording fee of$100, and a very small amount of interest bringing the total to $417.23. The lien is approximately one year old. The property was owned by Aqua Sun Properties at the time the notice was given that the property was in violation, and has since been acquired by Gregory Macneir. The Quit Claim Deed is dated June 10, 2005. Mr. Macneir was not present. Vice-Mayor Flury motioned to deny the abatement with payment to be made within 30 days; seconded by Commissioner Bertino. 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 Robert E. Rhodes for consideration of the settlement for Case 9CEB00-0421, for property located at 4671 SW 26`h Terrace (Folio#0229-03-0140) Attorney Tim Ryan advised this is a request for approval of a settlement in a mortgage foreclosure action. The property was owned by Robert Rhodes and had a violation for overgrown grass and debris. Mr. Rhodes passed away and the property went to his daughter and she eventually lost the property in the foreclosure of an institutional mortgage. We had a lien which was inferior to the institutional mortgage, but the amount of proceed received on the foreclosure sale were greater than the amount of the mortgage. Our lien was $30,000 and we reached a settlement agreement whereby half the City's lien would be paid. The property was homesteaded at the time of Mr. Rhodes death. We have a settlement agreement that requires the approval of the Commission. Commissioner McElyea motioned to approve the settlement of $15,000, with the payment to be made within 30 days; 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 3.3 Request by Carrig Associates LLC for abatement of Case #04-0654, for property located at 2831 Ravenswood Road (Folio#0220-02-0412) Attorney Tim Ryan advised this is vacant property located on Ravenswood Road. A chain link fence was constructed without a permit and there was a fine of$70 per day. The Defendant came in a couple of times and asked for some extensions because they had difficulties with the fence company and the • permitting of the fence. The total fine was $6,765 and the Code Board recommended reducing the fine to $1,500 because of the circumstances. He advised the attorney for the applicant was present at tonight's hearing. Stewart McIver, attorney for the applicant, noted he had nothing to add to what Attorney Ryan reported. The fence was originally installed to stop illicit dumping on the site. Commissioner Flury motioned to approve the abatement of$1,500, 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 No Mayor Castro Yes Commissioner McElyea Yes Addendum 3.4 Request by Michael Scotto, Lorenzo's Italian Restaurant, for abatement of Case #CEB99- 0261, for property located at 1121 S. Federal Highway (Folio #1203-24-0010) Attorney Tim Ryan advised this is an older case for a fine of $7,600 arising out of fire violations. Eventually the problems were corrected but the defense was that there had been some difficulties with getting the contractor to complete the work. In 1999 the Code Board recommended a reduction to $750 and it came before the Commission, but the request to approve the abatement failed on a 2-2 vote and • nothing has'taken place since that time. This is a request for a rehearing. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, September 15,2005—6:00 p.m. • Michael Scotto, 4926 Harrison Street, Hollywood, advised his father recently died and this fine has been lingering for a while and he is trying to take care of the matter. He does not remember receiving any paperwork on the fine being finalized. Commissioner Bertino motioned to approve the abatement of $750, with the payment to be made 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 4. Adjournment Mayor Castro adjourned the meeting at 6:19 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO '. vox MAYOR—COMMISSIONER fl1ZLC- LOUISE STILSON CITY CLERK • Approved: September 27, 2005 Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, September 15,2005—6:00 p.m.