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HomeMy WebLinkAbout589 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS MARCH 18, 2004 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 6:00 p.m. 2. ROLL CALL: Present: Mayor: C.K. McElyea Vice-Mayor: Bob Mikes Commissioners: Bob Anton Robert Chunn Pat Flury City Attorney: Tom Ansbro City Manager: Ivan Pato Acting City Clerk: Miriam Nasser ® 3. ABATEMENT REQUESTS: 3.1 Request by Davie Espeut, for abatement of Case #00-2264. Property located at 266 SW 8th Street. Josh Pinsky, Ryan and Ryan, P.A., stated that the property was originally cited for violations on April 12, 2002 and reported that the applicant did not comply. He indicated that the Code Board heard the case on July 1, 2002 and the defendant was given 45 days to comply or be faced with fines of $150 per day. He noted that the defendant did not comply until January 16, 2004 and the fine accrued was $73,350 plus a $100 recording fee. Attorney Pinsky stated that the Code Board denied abatement in their February 2, 2004 and he reported that this property was in foreclosure from the City and the mortgage holder. He indicated that the mortgage holder had the senior rights in this case and reported that the mortgage balance on the property was $114,937.18 and the property value was believed to be $150,000. The Code Board recommended no abatement. City Attorney Ansbro reminded the public that the Commissioners were there only to hear why applicants were seeking the abatement and would not rehear the cases. Davie Espeut, 9472 NW 45 Place and property owner of 266 SW 8th Street, stated that the violation notices were sent to the wrong address and that he knew nothing of the violations until he had received foreclosure notification, which was delivered to his parents. He indicated that once he became aware of the violations, he contacted Ryan MINUTES 1 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT • and Ryan, P.A. and the code officer and took the necessary steps to get the property in compliance. In response to Vice-Mayor Mikes' questions, Mr. Espeut stated that he purchased the property in May 2001 and he and his wife intended to move there. He indicated that they found out they were expecting a child at that time and decided to stay in their residence and ended up renting the property out of necessity. He answered that the only other residential property he owned was his current residence of 9472 NW 45 Place and added that his company would be relocated in September. He also answered that the property was vacant between September to November 2002 and he had cleaned up the property after those tenants left. In response to Vice-Mayor Mikes' question about what period of time the property was in violation while it was rented, Laurence Leeds, Director of Community Development, stated he did not have that information and answered that he was not aware of any criminal activity. Director Leeds explained that a certified letter of formal hearing had been sent to 266 SW 8'h Street in January 2002 and was signed by Gladys Georgeal. Mr. Espeut informed Director Leeds that she was a tenant and she had not given him any of the City's correspondence. He explained that all other correspondence (light bill, water bill, bulk garbage notifications) came to his home. Commissioner Flury asked how often the applicant visited the property and why he had • not had an occupational license. Mr. Espeut answered that he visited the property every month and the he did not acquire an occupational license because he had not known he needed one. In response to Commissioner Flury's question, Attorney Pinsky reiterated that the City began foreclosure proceedings first and the mortgage holder began foreclosure afterwards. Commissioner Mikes confirmed the price the applicant paid for the property and what was owed. He felt that $150 per day fine was a little stiff for a residential property. Commissioner Chunn noted that even if the applicant saved the property from foreclosure, he still needed a lot of money to bring it into compliance. Mr. Espeut stated that he had tried to sell the property, unfortunately, they got the City's foreclosure action at the same time as the real estate contract. Commissioner Flury was concerned that the lien was too high for the applicant to sell the property. MINUTES 2 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT A motion was made by Commissioner Flury, seconded by Vice-Mayor Mikes, to • reduce the abatement 50 percent, to $35,000. The motion passed on the following 5-0 roll call vote: Mayor Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes 3.2 Request by Clydell Davis & Elijah Miller Jr., for abatement of Case #00-1449. Property located at 126 NW 5th Avenue. Josh Pinsky, Ryan and Ryan, P.A., stated that the property was originally cited for violations on September 5, 2001 and stated that the defendant did not comply. He indicated that the Code Board issued an order giving the defendants 30 days to comply or be faced with fines of $50 per day. He noted that the defendant did not comply until November 29, 2002 and the fine accrued was $15,100. . He reported that the Code Board had abated the fine to $1,500 because the grand-daughter did not know about the violations. Attorney Pinsky indicated the property was assessed at approximately $33,000 and there was no mortgage on the property. Shamier Taylor explained that Clydell Davis was her grandmother and that her grandmother had left the property to her uncle, Elijah Miller, who was in prison. She indicated that when she went to college, her father (who was on drugs) had not taken care of the property as he should have. Ms. Taylor stated that when she returned she had to pay 6 years in taxes and had cleaned the place up. • In response to City Attorney Ansbro's question about property ownership, Attorney Pinsky stated that he had recommended that Ms. Taylor see an attorney to get the loose ends wrapped up and get the title to the property. Commissioner Chunn stated that he had known Mrs. Davis and was familiar with the property. He noted that the property had been improved and that the young man who had created a nuisance was not longer there. He stated that he wanted to help and noticed that Ms. Taylor was trying hard to work on the property. In response to Vice-Mayor Mikes' question, Ms. Taylor stated that she could maintain the property in the future. In response to Commissioner Chunn's question, Community Development Director Leeds stated that the cost to the City was $500. A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to reduce the abatement to $500 to be paid within three months. The motion passed on the following 4-1 roll call vote: Mayor Anton — no Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes MINUTES 3 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT • 3.3 a) Request by Tommy & Ann Frank, for abatement of Case #00-1463. Property located at 1409 S. Federal Highway. b) Request by Tommy & Ann Frank, for abatement of Case #02-2380. Property located at 1409 S. Federal Highway. c) Request by Tommy & Ann Frank, for abatement of Case #02-3409. Property located at 1409 S. Federal Highway. d) Request by Tommy & Ann Frank, for abatement of Case #03-3928. Property located at 1409 S. Federal Highway. e) Request by Tommy & Ann Frank, for abatement of Case #03-4476. Property located at 1409 S. Federal Highway. Josh Pinsky, Ryan and Ryan, P.A., stated that the property was originally cited for the first violations on September 6, 2001 and that the Code Board heard the case on January 14, 2002 and a final order was issued giving the defendants 30 days to comply or face a fine of $150 per day. The defendant did not comply until December 23, 2003 and the fine accrued was $98,550 plus $100 recording fee. He stated that the Code Board authorized foreclosure on the lien on October 6, 2003 and noted that foreclosure action was currently pending the abatement hearing. Attorney Pinsky reported that the Code Enforcement Board abated this fine to $11,650 based upon the fact that the other liens were Public Services' liens. He explained that since Public Services had been out • to clean up the property, it was decided to set the compliance date back at May 22, 2002, which prompted the $11,650 lien. He reported that the Code Board recommended no further abatement. Laurence Leeds, Director of Community Development, clarified that this was a Code Board lien only and there were another set of Public Services liens. He determined that the City's legal fees were an additional $4,000. Harry Hipler, on behalf of the applicants, disputed some of the numbers. He reported that the owners were not in the area and when they learned of the problem, they immediately returned to the area and complied. He further stated that the applicants were charged with failure to remove trash and debris even after the City had cleaned it up in July 2002. He felt that the public nuisance issues would have been cleared at that time and it would have been legally impossible for a piece of property to accrue higher fines once the problem had been solved. Mr. Hipler reported that the first lien for the debris removal was $1,375, the second one was $629, third was $585, and finally $651, which would bring the hard cost of the City about $3100. He felt that it was impossible that the City's attorney's fees could have added up to $4,000 at this juncture. He agreed that the applicant should pay the $3,100 and change for the hard costs, but felt the $11,650 should be reduced. In response to Director Leeds' question, Mr. Hipler stated that the applicants had lived in New York, but were now living in Chicago and had not received any notification until the foreclosure hit the mortgagee. MINUTES 4 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT Josh Pinsky reported that at the time the foreclosure began, the property was once • again in violation and required Public Services clean-up. He stated that it was his understanding that the applicants had never come down to the property. He indicated that the City had cleaned the property four times before they finally hired someone to take care of it. Attorney Pinsky also noted that the $11,650 was the corrected amount and reiterated that the original amount was $98, 550. Commissioner Flury confirmed that the City had cleaned it four times. Attorney Pinsky clarified that originally the fine was continued through all of the Public Services clean-ups, but they decided at the Code Enforcement Board to reduce the fine and cut off the fine to the time of the first City clean-up to avoid "double-dipping." Commissioner Anton clarified that the $11,650 fine was from the deadline of non- compliance to the first time the City cleaned the property. He was concerned that there was no penalty for continuing to let the property deteriorate. Vice-Mayor Mikes confirmed that the $11,650 was only for case (a) and that hard cost would be addressed separately. He questioned whether or not the building was being maintained now. Mr. Hipler stated that the property was being maintained and indicated the desire of the owner to demolish the building and sell it as commercial property. He also reported that the property was vacant. • City Manager Pato described how he had called BSO to secure the building. Mr. Hipler assured all that there were no more code violations. Director Leeds felt that the building should be demolished and the site cleaned up. Vice-Mayor Mikes felt this was a continuing situation. Commissioner Anton suggested sending building inspectors and a code team out there to have it declared an unsafe structure. A motion was made by Commissioner Flury, seconded by Commissioner Anton, to uphold the Code Enforcement Board's recommendation to abate the lien in 3.3(a) to $11,650 to be paid within 30 days. The motion passed on the following 5- 0 roll call vote: Mayor Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea—yes Commissioner Flury —yes • MINUTES 5 MARCH 18, 2004 SPECIAL MEETING ABATEMENT A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to deny the abatement of the four liens in 3.3(b)(c)(d)(e) and that the hard costs plus interest must be paid within 30 days. The motion passed on the following 5-0 roll call vote: Mayor Anton —yes Vice-Mayor Mikes—yes Commissioner Chunn —yes Mayor McElyea — yes Commissioner Flury —yes 4. ADJOURNMENT The meeting adjourned at 7:05 p.m. 1 z C.K. MCELY FIC MAYOR-COMMISSIONER ATTEST: • LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: May 25, 2004 MINUTES 6 MARCH 18, 2004 SPECIAL MEETING -ABATEMENT