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HomeMy WebLinkAbout619 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 16, 2004 - 6:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 6:05.p.m. 2. Roll Call Present: Mayor: C.K. McElyea Commissioners: Bob Anton Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Bob Mikes 3. Abatement Requests City Attorney Ansbro advised case #3.1 and #3.7 have requested a continuance until November 18, 2004. Commissioner Chunn motioned to continue Case #3.1 and #3.5 until November 18, 2004 at 6:00 p.m.; seconded by Commissioner Flury. The motion carried on the following 4-0 roll call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn Yes Mayor McElyea Yes 3.1 Request by Jocelyn Jones/Pat Jones, for abatement of Case #CEB00-0668. Vacant lot 200 Block NW I" Avenue in Dania Beach. (Folio #0234-01-0110) Continued from July 29, 2004 Special meeting. Lee Schillinger, Attorney for Nigel Joseph Williams and the Jones Family, sent a letter . requesting to reschedule the hearing. Continued until November 18, 2004 at 6:00 p.m. 3.2 Request by Aqua Isles LLC, for abatement of Case #04-0434, for property located at 3901 Griffin Road. (Folio #0230-00-0280). 3.3 Request by Aqua Isles LLC, for abatement of Case #02-2634, for property located at 3901 Griffin Road. (Folio 40230-00-0280). 3.4 Request by Aqua Isles LLC, for abatement of Case #03-3886, for property located at 3901 Griffin Road. (Folio #0230-00-0280). City Attorney Ansbro remarked the three cases were for the same property and would be heard together. Attorney Tim Ryan advised#3.2 is a repeat violation of trash and debris at the Aqua Isles Mobile Home Park, with a fine of $9,750. Case #3.3 is a number of violations addressing electrical problems, with a fine of $9,550. Case #3.4 is another trash and debris violation with an abandoned vehicle on the property, with a fine of$6,500. He advised that we tried to deal with management but it is has been very difficult to get compliance. During the past 3-4 years there have been numerous complaints by residents, which is what brought Code Enforcement to this location. He advised the total fines amount to $25,800, and the Code Enforcement Board does not recommend abatement. No one was present from Aqua Isles, LLC. • Commissioner Anton motioned to deny the abatement request. William Johnson, Chief Zoning/Code Inspector, advised notice of the hearing was sent to the property owners. The returned receipt was signed September 10, 2004. Attorney Ryan advised we will begin foreclosure proceedings. The property was free and clear until several years ago when 2-3 mortgages were placed against the property for $2.2M. Commissioner Chunn seconded the motion. The motion carried on the following 4-0 roll call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn Yes Mayor McElyea Yes 3.5 Request by Elisabeta Patriche, for abatement of Case #03-5438, for property located at 200 S.E. 4"' Terrace. (Folio 41203-55-0010). Elisabeta Patriche telephoned to request a continuance until the November 18, 2004 meeting. Continued until November 18, 2004 at 6:00 p.m. • Minutes of Abatement Hearing 2 Dania Beach City Commission September 16,2004—6:00 p.m. 3.6 Request by Chris Murray, for abatement of Case #03-4944, for property located at 4287 S.W. 49th Court. (Folio #0136-06-2270). Attorney Ryan advised the property was cited for a commercial vehicle at a residential address; trash and junk on the property; and unlicensed or inoperable vehicle. The fine is $1,500. The Code Enforcement Board recommended a reduction to $750 because the owner's forwarding address had not been changed with the Property Appraiser's office. The owner testified that he did not receive proper notice, and because he owns other properties in the City that are properly maintained, the Board recommended the reduction. Chris Murray, 18801 NE 181h Avenue, Miami FL, owner of the property, advised he never received notification, and he owns 10 properties in the City that he keeps clean and well tended. He stated the commercial vehicles belonged to the tenant and unfortunately he did not correct his forwarding address. He stated that as soon as he received notification, he corrected the violation the same day. He apologized for the error. Attorney Ryan advised the notification letters sent by certified mail were returned unclaimed. He stated we also send notification by first-class mail and we also post the property. The record indicates that Mr. Murray did not receive the actual notice. Commissioner Flury motioned to abate the fine to $750, provided the fine is paid in 30 days; seconded by Commissioner Anton. The motion carried on the following 3-1 roll call vote: • Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn No Mayor MMeElyea Yes 3.7 Request by Michael Abbott, for abatement of Case #02-3397, for property located at 4597 S.W. 29th Terrace. (Folio #0229-01-1130). Attorney Ryan advised the property was cited for 2 violations: trash and debris on the property, and the building not being numbered. The fine accrued to $21,950. The defendant stated the correction had been done many months before it was indicated that the violations had been corrected, and he failed to call for an inspection. He also advised the Board that he was receiving medical treatment for an illness and was out of the area and unable to tend to the property. The Code Enforcement Board recommended a reduction to $3,000. Michael Abbott advised he has been a resident of Griffin Road since 1965 and he does take pride in the City of Dania Beach. He bought the property in 1987 for his mother, who passed away in 2001. At that time he thought it would be profitable to rent, but it turned out not to be. The tenant was discarding the information that was coming from the City. He evicted the tenant and found that he had a fine from the City. He came to talk to the City and took care of the problem right away. He did not call the City for re-inspection. At this time he found out he had Hepatitis and had to enter into treatment that knocked him out. For one year he was unable to go to the • property to make sure it was maintained. He began getting notices again and took care of the Minutes of Abatement Hearing 3 Dania Beach City Commission September 16,2004—6:00 p.m. property and the City came to re-inspect and said everything was fine. He noted that the vacant • property next to his has a number of Holly trees growing on the property line. The Code Enforcement Board said they would drop fine to $500, but it did not cover the City fees so they raised it to $1,000. He advised the property was only rented one time, otherwise his mother stayed there for years, and now his daughter and two grandchildren live there. The property was only rented once. He asked for help because he receives no income from his daughter and it is a steep fine. Mr. Johnson advised the property was overgrown with Holly trees, and at the Code Enforcement Board meeting, staff recommended the $1,000 fine because of Mr. Abbott's circumstances. The Board raised it to $3,000 because they thought it was rental property. Commissioner Chunn motioned to abate the fine to $500; seconded by Commissioner Flury, provided it was paid within 60 days. The motion carried on the following 4-0 roll call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn Yes Mayor McElyea Yes 4. Adjournment Mayor McElyea adjourned the meeting at 6:32 p.m. CITY OF DANIA BEACH ATTEST: C.K. C ,LYE MAYOR-CO , ISSIONER 'LOUISE STILSON CITY CLERK APPROVED: September 28, 2004 • Minutes of Abatement Hearing 4 Dania Beach City Commission September 16,2004—6:00 p.m.