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HomeMy WebLinkAbout2003-05-15 Special Meeting Abatement Hearing City Commission Meeting Minutes ® MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS MAY 15, 2003 1. CALL TO ORDER Mayor Anton called the meeting to order at 6:03 p.m. 2. ROLL CALL: Present: Mayor: Bob Anton Vice-Mayor: C.K. McElyea Commissioners: Robert H. Chunn, Jr. Pat Flury Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson • 3. ABATEMENT REQUESTS: City Attorney Ansbro reminded the public and Commission that the cases before the Commission would not be reheard and that the applicants should remain focused on the Code Board's recommendation on reduction of the lien. 3.1 Request by Ana Avila for abatement of Case #2012 for property located at 4405 SW 24 Avenue. (Growth-Management Director) Laurence Leeds, Growth Management Director, explained that the applicant was fined for having vehicles that were not properly tagged and for repairing vehicles and that the violation is a repeat order. The Code Enforcement Board determined the fine to be $32,000 and recommended a reduction at a later date of $13,000 (daily amount reduced from $250 per day to $100 a day). Attorney Joe Kreutle explained that he is helping his friends, Ana Avila and Luis Santos, husband and wife, because there is a language problem. He stated for the record that there was no argument that there was a mistake made and that the wrong tags were on the cars, however, he clarified that all of the tags belonged to cars owned by the family members or one of the neighbors who left their car at the site. At no time was there ever an abandoned vehicle and all vehicles were licensed and insured. Attorney Kreutle presented W2's on both husband and wife and explained that after Federal income taxes and social security they take home approximately $17,000. In addition, Mrs. Ana Avila, who works at Tropical Acres Restaurant, has been cut back on MINUTES —ABATEMENT HEARING 1 MAY 15, 2003 SPECIAL MEETING her pay to $167.00 per week or $334.00 every two weeks due to a reduction in tourism. Mr. Santos injured himself at work and is on workers compensation and Attorney Kreutle presented the record to City Clerk Johnson. He further explained that the violations have been cleared up and the vehicles that are at the site belong to the adult children who will, hopefully, be able to help the family financially at this time.. Attorney Kreutle pleaded with the City Commission to lower the fine to help the family and reiterated that the family understands that they were wrong and that they wish to cooperate with the City. Mr. Leeds advised that the finding of the Code Board was that there was no properly tagged vehicles and that there was vehicle repair ongoing. The situation arose from intermittent complaints from neighbors as you cannot store or repair cars in residential neighborhoods. Attorney Kreutle restated that all tags belonged to family members and that the family erred in putting the wrong tags on the wrong cars, which was human error. He clarified that there are 3 adults living in the house and that there is another adult child who might come back to live with the family. The family needs 2 cars for the adults and 1 car for the adult child for a total of 3 cars on the site over night. The only complaint that was registered against his clients was from one neighbor who stated to them that she wanted to take their house. Commissioner Mikes confirmed with Attorney Kreutle that the applicants would have no problem limiting the number of vehicles that would be allowed over night at the site in exchange for reducing the fine. Commissioner Mikes mentioned that Hollywood is • having a problem with rental units and usually multiple cars are a sign of rental units at a site. Mr. Leeds advised that Code Enforcement needs to get in the back of the property to make sure there are no cars being stored in the back as there was a fence and a gate that was locked. Attorney Kreutle advised that a car would not fit into the back yard through a 36 inch gate. He further stated.that the family would allow Code Enforcement to go through the house to view the back yard and to check the interior to be sure there is no rental unit. Code Enforcement can also count the cars and family members any time they wish. He was concerned with stretching the fine out over a number of years that would be imposed against the house and make it very difficult on the family to sell or refinance the home. Attorney Kreutle urged Commissioner Mikes to allow 4 vehicles in case the other adult child needed to come back. Attorney Kreutle finally agreed with 3 vehicles and that the other adult child would have to find another place to park. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, abating the fine to $2,500.00 to be paid within a 12 month period without interest with the following conditions: (1) No more than 3 cars would be allowed over night on the property for a period of three years not precluding daily visits by family members who may exceed 3 cars; (2) Code Enforcement would have access to the back yard and interior to be sure the home is not used as a rental unit or for storing cars; (3) The $13,000 lien shall remain in full force against the property for the three year period unless the property is sold without violations to a bonafide seller who is a non-family member and the $2,500.00 amount is paid to the City • from the closing funds. (4) Upon the payment of the $2,500.00, the lien would be removed — but, that upon the occurrence of any of the following events during the MINUTES —ABATEMENT HEARING 2 MAY 15, 2003 SPECIAL MEETING • three (3) year period, the $13,000.00 lien would automatically, without any further board action, be required: e If any automobile repairs continue on the property; • The 3 car limit is not adhered overnight, not precluding daily visits by family members who may exceed 3 cars;. The motion passed on the following 5/0 roll call vote: Commissioner Chunn-yes Vice-Mayor McElyea-yes Commissioner Flury-yes Mayor Anton-yes Commissioner Mikes-yes 3.2 Request by Joseph Eutsey, on behalf of his mother Ressie Eutsey, for abatement of Case #CEB01-0029, recorded Claim of Lien, Special Assessment fees and outstanding utility charges assessed against property located at 409 SW 2 Place. (Staff) Laurence Leeds, Growth Management Director, advised that the property was sited on January 22, 2001 for failure to meet minimum standards and being a public nuisance. The applicant did not comply by May 2001 and the City went in on January 3, 2003 to complete the work. The amount of the fine was $29,750 and the Code Board recommended an abatement to $12,000. In addition, there is also an additional $1,500 in fines relating to special assessment for paving, water meter charges, and Claim of Lien for boarding up the property. • Willie Floyd Eutsey, son of Ressie Eutsey, agreed that the family was negligent in dealing with the problems at the site and that the fine should not have gotten out of control. The family is requesting a reduction in the fine and Mr. Eutsey advised that the family would like to sell the property. Vice-Mayor McElyea mentioned his knowledge of the family and that he owns property across the street. He mentioned that there was problems with the property for some time and that there was some legal issues with the will. Mr. Leeds advised that there is a need to clean up the yard and keep the weeds cut. He wasn't sure what the attorney fees were on a case like this one but estimated the legal fees to be anywhere from $1,000 to $2,500. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, abating the lien to $4,000 with the condition that the property be maintained until the property is sold. A substitute motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to abate the lien to $4,000 as long as the property is maintained and sold within one year. If the property is not sold within one year or the property is not maintained at any time, the lien would revert back to the $12,000.00 and the City would proceed with foreclosure actions. The motion passed on the following 510 roll call vote: MINUTES —ABATEMENT HEARING 3 MAY 15, 2003 SPECIAL MEETING Commissioner Chunn-yes Vice-Mayor McElyea-yes • Commissioner Flury-yes Mayor Anton-yes Commissioner Mikes-yes 4. ADJOURNMENT. The meeting was adjourned at 7:02 p.m. Attest: Bob Anton Mayor-Commissioner Charlene John o City Clerk APPROVED: June 10, 2003 • • MINUTES —ABATEMENT HEARING 4 MAY 15, 2003 SPECIAL MEETING