The URL can be used to link to this page

Home My WebLink About2003-03-12 Special Meeting Abatement Hearings City Commission Meeting Minutes MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS MARCH 12, 2003 1. CALL TO ORDER Mayor Chunn opened the meeting at 6:00 p.m. 2. ROLL CALL: Present: Mayor: Robert H. Chunn, Jr. Vice-Mayor: Pat Flury Commissioners: John Bertino C.K. McElyea (late) City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson Absent: Commissioner: Bob Mikes 3. ABATEMENT REQUESTS: Mayor Chunn and Laurence Leeds, Growth Management Director, clarified for the public that the City Commission would not be rehearing any of the cases as these matters were presented thoroughly at the Code Enforcement Board hearings and that the issue is whether or not the liens should be abated. 3.1 Request by Branston Clarke for abatement of Case #CEB01-0031 for property located at 707 SW 9 Street. (Growth Management Director) Attorney Thomas Moon, Marshal Watson Law Firm, stated that he is not representing Mr. Clarke and is representing his law firm who was handling a closing on the property. He advised that the property has been brought into compliance and that liens accrued in excess of over $100,000. The liens were not recorded until after a les pendence foreclosure action was filed by another law firm in accordance with F.S. 48.23, which means that the City's lien was extinguished. Attorney Moon advised that he has negotiated with Attorney Ryan's office to move forward to closing and that his client has agreed to pay $1,500 in administrative fees to resolve the matter (letter December 20, 2002). A motion was made by Vice-Mayor Flury, seconded by Mayor Chunn, approving the recommendation of legal counsel and abating the lien to $1500.00 with payment to be made within 30 days. The motion passed on the following 3/0 roll call vote with Commissioner McElyea and Mikes being absent. 40 MINUTES-ABATEMENTS 1 MARCH 12, 2003 SPECIAL MEETING • Commissioner Bertino-yes Vice-Mayor Flury-yes Mayor Chunn-yes 3.2 Request by Timothy T. Metacarpa for abatement of Case #CEB00-0650 for property located at 117 NW 10 Court. (Growth Management Director) 3.3 Request by Timotny T. Metacarpa for abatement of Case #CEB01-0052 for property located at 113 NW 10 Court. (Growth Management Director) Attorney Harry Hipler agreed to hear both Items 3.2 and 3.3 together. Attorney Hipler, representing the present owners, Guy Abatini and Stan Cohen, requested that the fines be waived or abated and presented specifics about the purchase of the properties by his clients from a foreclosure action sale from the County. Attorney Hipler advised that his clients spent some $80,000 to bring the properties into outstanding condition and that the violations were the fault of the prior owners. He presented petitions from surrounding property owners in support of eliminating or abating the fines. A motion was made by Commissioner Bertino to approve the recommendations of the Code Enforcement Board to abate CEB01-0052 to $10,000 and CEB00-0650 to $30,000. The motion died for lack of a second. • Discussion followed on whether or not the purchasers were aware of the outstanding liens, which were part of the foreclosure action, and that the properties have been brought into good condition. A motion was then made by Vice-Mayor Flury, seconded by Mayor Chunn, to abate the liens for both properties (CEB01-0052 and CEB00-0650) to $20,000.00 with payment being received within 60 days. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent. Commissioner Bertino-no Commissioner McElyea -yes Vice-Mayor Flury-yes Mayor Chunn-yes 3.4 Request by Richard and Arlene Redmond for abatement of Case #1829 for property located at 5079 SW 28 Terrace. (Growth Management Director) Richard Redman mentioned that he was unable to obtain answers on why his property was liened some $8600 and stated his refusal to pay any liens. He then presented pictures for the City Commission to view and mentioned that no landscaping is provided for the Chinese Restaurant near his property and that he felt he was being harassed. At Vice-Mayor Flury's request, Laurence Leeds, Growth Management Director, advised that Mr. Redman was cited for a number of violations as the Zoning Code for the area only allows for one boat and Mr. Redman had two boats. Mr. Redman was also cited for storing disassembled vehicles on his property and for repairing,vehicles, and for erecting a temporary tent or canopy without a permit. Mr. Redman is currently in compliance but 10 the violations did exist for some time. Mr. Redman explained that he did obtain the tag for his car. MINUTES -ABATEMENTS 2 MARCH 12, 2003 SPECIAL MEETING A motion was then made by Mayor Chunn, after passing the gavel, seconded by Vice- Mayor Flury, to abate the Code Board recommendation of $3,000.00 by 50% for a total due of $1,500.00 to be paid within 60 days, and, if the lien is not paid within the 60 days, the lien will revert back to $8,900.00. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent. Commissioner Bertino-no Commissioner McElyea -yes Vice-Mayor Flury-yes Mayor Chunn-yes 3.5 Request by Wayne Boyce for abatement of Case #3338 for property located at 305 SW 14 Street. (Growth Management Director) Item 3.5 was heard after Item 3.6. A motion was then made by Vice-Mayor Flury, seconded by Commissioner Bertino, to deny the abatement request. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent. Commissioner Bertino-yes Commissioner McElyea -yes Vice-Mayor Flury-yes Mayor Chunn-yes 3.6 Request by Leo Motel Inc. for abatement of Case #1230 for property located at 333 S. Federal Highway. (Growth Management Director) ® Marvin Patel, owner of Leo Motel, Inc., explained that he has been trying to resolve the lien on the property so that he can move forward with his financing to develop the property as the building permits have been issued. Vice-Mayor Flury clarified that the original fine was $28,700 and that the Code Enforcement Board recommended an abatement of$500. Commissioner McElyea expressed his dissatisfaction that the property has not been boarded up and that the trash has not been cleaned up. Mr. Patel mentioned that people are dumping on the property and that it has been difficult to keep it cleaned up. Ken Koch, Building Official, advised that the building permit has been issued to tear down the old motel and build a new project. Mr. Patel could not obtain construction financing because of the outstanding issue to repair the sidewalk. The other violations were cleared up and it appears Mr. Patel is ready to move forward with construction of the motel once the lien is resolved.Mr. Patel advised that it took him over a year to get his plans approved with the City relating to structural matters and that he closed the business down last August. A motion was then made by Vice-Mayor Flury, seconded by Mayor Chunn, to accept the Code Board's recommendation and abate the lien to $500. The motion failed on the following 2/2 roll call vote with Commissioner Mikes being absent. • Commissioner Bertino-no Commissioner McElyea -no Vice-Mayor Flury-yes Mayor Chunn-yes MINUTES -ABATEMENTS 3 MARCH 12, 2003 SPECIAL MEETING • A motion was then made by Commissioner McElyea, seconded by Mayor Chunn, to abate the lien to $1,500.00 with the understanding that the property be cleaned up immediately and that payment be made within 30 days or the lien will revert back to the $28,700 amount. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent. Commissioner Bertino-yes Commissioner McElyea -yes Vice-Mayor Flury-yes Mayor Chunn-yes At this time, the City Commission went back to Item 3.5. 4. ADJOURNMENT. This meeting adjourned at 6:40 p.m. OB RT H. CH N, A. MAY R-COMMISSIONER ATT ST- CHARLENE JO'HASON CITY CLERK APPROVED: May 13, 2003 MINUTES -ABATEMENTS 4 MARCH 12, 2003 SPECIAL MEETING