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HomeMy WebLinkAbout597 - MINUTES - City Commission MINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARINGS THURSDAY, MAY 209 2004 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK, 100 W. DANIA BEACH BLVD,DANIA BEACH, FL 33004, (954)924-3622,AT LEAST 48 HOURS PRIOR TO MEETING. 1. CALL TO ORDER Mayor McElyea called the meeting to order at 6:15 p.m. 2. ROLL CALL: Commissioner Chunn X_ Mayor McElyea _X_ Commissioner Flury _X_ City Manager Pato _X_ City Attorney Ansbro _X_ Absent: Commissioner Anton A_ Vice Mayor Mikes _A- 3. ABATEMENT REQUESTS: Laurence Leeds, Director of Community Development, announced if the Commission makes a decision on the abatement, he needs the petitioners to sign a form before leaving the meeting. City Attorney Ansbro announced tonight's hearing is not to rehear the case, this is only to justify why the fine should be reduced. 3.1 Request by Ofer & Hadas Zvi for abatement of Case #02-3056. Property located at 5920 SW 45th Way. Attorney Tim Ryan advised this was a violation to the Code for construction without a permit; the roof was in such a deteriorated condition that the entire roof was removed from the structure and a new roof constructed. The tenant on the property did the work without a permit; a citation is was issued and eventually the owner had a licensed contractor do the roof repairs. A $50 per day Minutes of Special Meeting 1 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 • fine ran for seventy (70) days, resulting in a $3,600 fine before the property was brought into compliance. The Code Enforcement Board agreed to reduce the amount to $1,500 because the contractor did the work but did not come back for the final inspection after the work was completed. Ghasem Khavanin, representative for Ofer Zvi, stated they demolished the building June 5tn. He stated they were not advised to call after the work was finished;just to take immediate action and demolish the building because the work was done without a permit. He submitted copies of the permit, issued June 201n; a receipt from Southern Sanitation Waste Management showing that the debris was removed on June 6tn; and a receipt for the contractor dated June 6tn Attorney Ryan responded the Notice of Violation says they are to take the corrective action and come back to the City and notify the City when in compliance so the City can re-inspect the work. There is confusion on behalf of Mr. Zvi in thinking the timeframe of the permit would control the fine. Director Leeds pointed out the Final Order was issued March 27, 2003, and read the letter sent to the owner. He stated a subsequent letter was sent in September. Commissioner Flury wanted to clarify that the issue is repair or replacement of the roof, even though the building was demolished. ® Director Leeds could not confirm the building had been demolished. Mr. Khavanin advised the roof was not constructed when they received notification the tenant was building a roof without a permit; the building consisted of walls only. Mayor McElyea asked if a permit was issued to demolish the building. Mr. Khavanin responded yes, and gave a copy of the permit to the Mayor. Attorney Ryan remarked there is confusion whether it was a roof or building; but the work was not done in the timeframe of the Order. Commissioner Flury asked when the building was demolished. Attorney Ryan clarified the permit was issued May 20, 2003; the fine began May 26tn; the invoice is dated June 6, 2003, ten(10) days after fine started running. Director Leeds remarked the Petitioner had to comply with Code before we could schedule for an abatement hearing — whatever they did had to have been done correctly or we would not be here. Commissioner Flury motioned to reduce the fine to $1,000. Motion died for lack of a second. Minutes of Special Meeting 2 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 • Commissioner Flury motioned to accept the recommendation of the Code Board. Motion died for lack of a second. Commissioner Chunn asked what the City's costs were. Attorney Ryan responded residential Code Enforcement generally runs from $80041,000. Mayor McElyea remarked it started out because there was no permit for construction of a roof, then they got a permit for demolition; the City had to inspect that the demolition occurred. Mayor McElyea passed the gavel and made a motion to reduce the fine to $500; seconded by Commissioner Chunn. Motion carried 2-1 on the following roll call vote: Roll Call: Commissioner Chunn Yes Commissioner Flury No Mayor McElyea Yes 3.2 Request by Jose A. & Eliette Soto '/2 Int Alex Martinez, for abatement of Case #02-2434. Property located at 21 NE 2nd Avenue. Attorney Ryan advised this is a violation for a fence in disrepair; they did not comply for sixty- seven (67) days resulting in a fine of$5,125. ® Jose Soto advised he has two (2) fences, a wire fence in the front and a wood fence on the side, unfortunately, he fixed the wrong fence. He thought it was the wood fence because it was leaning on the adjacent property. He then removed three (3) trees that needed to be removed. The tenant moved out and left garbage which needed to be cleaned; then he fixed the fence in the front of the house. Commissioner Flury asked if this was his personal residence. Mr. Soto responded yes, it is a 4-plex. Commissioner Chunn remarked he believes the gentleman was confused and did not understand. Commissioner Flury motioned to abate the fine to $1,000; seconded by Mayor McElyea. Attorney Ryan asked if the fine was to be paid within thirty(30) days. Commissioner Chunn asked if Mr. Soto could afford it. Mr. Soto asked if he could have at least two (2) months to pay. Commissioner Flury amended her motion to include the fine be paid within sixty (60) days. Motion carried 3-0 on the following roll call vote: Minutes of Special Meeting 3 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 ® Roll Call: Commissioner Chunn Yes Commissioner Flury Yes Mayor MV><eElyea Yes 3.3 Request by Joseph J. & Alisa M. Herold, for abatement of Case #03-4022. Property located at 4542 SW 251h Avenue. Attorney Ryan advised the citation was for overgrowth and an inoperable or abandoned vehicle, which ended up being a boat and trailer tag not being current. The fine was $1,600, which the Code Enforcement Board reduced to $300 because the owner explained he had a significant injury which precluded him from obtaining the registration. Joseph Herold advised the boat and trailer have always been registered. He stated he was in an accident in West Palm Beach; the tag had expired but they had the registration, they just were unable to come and put the sticker on it. In the meantime, the property was overgrown and they came and cleaned the lot and placed the sticker on the trailer. He went to New York because his mother was dying; the registration was renewed again in October and expired in November. They were unable to find the sticker and requested a replacement which was put on the trailer. He stated the boat has always been registered. ® Commissioner Flury asked if this was his residence. Mr. Herold responded yes, but he was living in West Palm Beach at the time of the accident. Commissioner Flury remarked the Code Enforcement Board reduced the fine to $300. Mr. Herold remarked he is unemployed because of the accident. He plans on starting work next week, but has a lot of catching up to do. Commissioner Chunn clarified that Mr. Herold will start to work next week. Mr. Herold responded hopefully. Commissioner Chunn remarked he believes the gentleman does not have the money, but it does not excuse the fact that there was a violation. He remarked he has a problem putting this type of burden on him at this time and asked if he would be able to pay us in the future. Mr. Herold's girlfriend remarked he was in New York at the time and the only problem was they could not find the sticker. She is the only one working. Commissioner Chunn remarked it is an unusual situation and he cannot cite them. He suggested abating it and giving them time to get on their feet. • Mayor McElyea suggested they could do community service. Minutes of Special Meeting 4 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 • Mr. Herold's girlfriend remarked she works two (2)jobs and would not have time. Commissioner Chunn remarked community service could be a possibility. Commissioner Flury remarked he is trying to find work and she works two (2)jobs, so you better forget about community service. Commissioner Flury motioned to reduce the fine to $150, with three (3) months to pay; seconded by Commissioner Chunn. Commissioner Chunn told Mr. Herold if he runs into any trouble to call him and he will pay the fine himself. He then stated he would pay the fine out of his next paycheck. Mr. Herold does not owe him anything; there is no obligation, not even a thank you. Roll Call: Commissioner Chunn Yes Commissioner Flury Yes Mayor McElyca Yes Motion carried 3-0. • 3.4 a) Request by Bertha Robinson, for abatement of Case #02-2843. Property located at 738 SW 3`d Place. b) Request by Bertha Robinson, for abatement of lot mowing and/or debris removal lien. Property located at 738 SW 3`d Place. Attorney Tim Ryan advised there are two (2) issues; the Code Board lien and a lien for lot mowing/debris removal. He advised that Bertha Robinson passed away in 1992 and her niece is the personal representative for the estate. The property was rental property and the tenant did not forward the notices to her. The Board reduced the fine to $8,550, half of the original amount. The second issue is tree cuttings were placed on the property and the City cleared out those trimmings resulting in costs of$573. Barbara Robinson, personal representative of Bertha Robinson, remarked she complied within the timeframe because they were not sending the mail to her residence. She stated that Mr. William Johnson, Chief Code Enforcement Officer, said he was not sending mail to the correct address. Once she found out about the liens, she brought the property up to standards within ten (10) days; she also evicted the tenant. Commissioner Chunn remarked he looked at the property and a neighbor told him the tenant was not notifying Ms. Robinson of the citations, and the tenant was not maintaining the property. Minutes of Special Meeting 5 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 • Ms. Robinson remarked she found out about the violations from the realtor. She remarked the tenant would not allow her on the property, and the Police told her if she went on the property they would put her in jail. Latanya Nelson, Faith Properties, 2541 Rodman Street, Hollywood, 33020, reported on March 6t" the tenant finally let someone in the house to see the property and said she had been receiving letters of violation. She was not forwarding them because she was upset because the property was for sale and did not want to move. Ms. Nelson stated the tenant was evicted on March 301n and by April 6th everything had been repaired. Ms. Robinson advised she lived in Apopka and the tenant was responsible for maintaining the property. She stated the property has been sold. Commissioner Flury asked why the fines did not pass on to the buyer. Attorney Tim Ryan responded he would assume an amount sufficient to pay the fine in full was placed in escrow and would be paid out of the proceeds. Ms. Robinson confirmed what Attorney Ryan said. Commissioner Flury motioned to accept the Code Enforcement Board's recommendation $8550; seconded by Mayor McElyea. Motion carried 2-1 on the following roll call vote: ® Roll Call: Commissioner Chunn No Commissioner Flury Yes Mayor McElyea Yes City Attorney Ansbro advised there is still the issue of the second lien. Commissioner Flury motioned to enforce the mowing lien in the amount of $573.11; seconded by Mayor McElyea. Motion carried 2-1 on the following roll call vote: Roll Call: Commissioner Chunn No Commissioner Flury Yes Mayor McElyea Yes Attorney Tim Ryan advised there would be no timeframe on the lot mowing lien because there is no relief provided to the respondent; but the fine for $8,550 should have a thirty (30) day timeframe. Commissioner Flury motioned for a thirty (30) day timeframe for payment of the Code Enforcement Board lien from the escrow funds; seconded by Mayor McElyea. Motion carried 2-1 on the following roll call vote: Minutes of Special Meeting 6 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 • Roll Call: Commissioner Chunn No Commissioner Flury Yes Mayor McElyea Yes 3.5 Request by Henry L. Graham, Liberia Economic & Social Development, Inc., for abatement of lot mowing and clearing of South Broward Cradle Nursery, Located at 909 SW 12th Avenue. Attorney Ryan advised this request came before the Commission in January 2003, and the Commission agreed to abate it from $3,983 to $1,327, to be paid within sixty (60) days; but it has not been paid. Henry Graham, advised he is one of the Board members of the South Broward Cradle Nursery, not the owner of the property. He stated they are not opposing the $1,327.92, but they never received a letter stating it had been abated. He asked that the $1,327.92 be upheld and they would pay within thirty (30) days. Commissioner Flury motioned to accept the $1,327.92, to be paid within thirty (30) days; seconded by Commissioner Chunn. Motion carried 3-0 on the following roll call vote: Roll Call: Commissioner Chunn Yes ® Commissioner Flury Yes Mayor McElyea Yes 3.6 Request by Special Counsel Timothy M. Ryan, Ryan & Ryan, LLC, for reconsideration of Case #00-2264. Property located at 266 SW 8th Street. Attorney Ryan advised the Commission abated this case two (2) months ago to 50% of the original amount. The property was in foreclosure and is currently under contract to be sold for $150,000. The payoff amount of $127,000 was received from the mortgage holder and after closing costs, it was determined that there would be approximately $14,000 in equity in the property. The request is to give partial release as to the real estate for $14,000 so the City will be able to take all of the equity out of property and the lien against Davie Espeut would still remain as to the balance of the amount owed. Commissioner Flury motioned to give a partial release on the lien as to the real estate for $14,000, with the balance to remain with Davie Espeut; seconded by Commissioner Chunn. Motion carried 3-0 on the following roll call vote: Roll Call: Commissioner Chunn Yes Commissioner Flury Yes Mayor McElyea Yes Minutes of Special Meeting 7 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004 4. ADJOURNMENT Mayor McElyea adjourned the meeting at 7:15 p.m. CITY OF DANIA BEACH Z"-�Ir ATTEST: C. K. MCELYF , MAYOR LOUISE STILSON, CITY CLERK APPROVED: June 8, 2004 • Minutes of Special Meeting 8 Dania Beach City Commission Abatement Hearings Thursday,May 20,2004