HomeMy WebLinkAbout2003-09-18 Special Meeting Abatement Hearing City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
ABATEMENT HEARINGS
SEPTEMBER 18, 2003
1. CALL TO ORDER
Mayor Anton called the meeting to order at 6:00 p.m.
2. ROLL CALL:
Present:
Mayor: Bob Anton
Vice-Mayor: C.K. McElyea
Commissioners: Robert H. Chunn, Jr.
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
i Absent:
Commissioner: Pat Flury (excused)
Mayor Anton reminded the public that the cases before the Commission tonight would not be
reheard and that the applicants should present information warranting abatement of the liens,
which is different from the Code Enforcement board recommendations and findings.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to excuse Pat
Flury from this meeting. The motion passed on the following 4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3. ABATEMENT REQUESTS:
3.1 Request by Robert R. Spiece, Jr. for abatement of Case #3267 for property located
at 105 SW 1st Street.
Robert Spiece mentioned that the violations existed on the property when he purchased in
January 2001 and that he worked continuously with Code Enforcement to bring the property up
to code. He mentioned that problems were experienced with an old building and flat roof with
regards to rewiring the electric and a/c work. His electrician removed a fuse system and
installed a circuit breaker system. Mr. Spiece advised that he applied for an Occupational
License but it took 1 year or more and he admitted that he was not clear on exactly what the
process was for obtaining the permits and inspections on a timely basis. Mr. Spiece felt that he
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SPECIAL MEETING-ABATEMENTS
• should have been issued the Occupational License and then given the opportunity to obtain a
permit for the a/c as of January 14, 2003, and that an extension should have been granted from
the December 22, 2002, date. In addition, Mr. Spiece mentioned that he was unable to obtain
minutes of the Code Enforcement Board of July 7, 2003, and that he did not understand the lien
amounts being imposed on him.
Tim McLeod, residing at 261 SW 4 Street and a member of the Code Enforcement Board,
advised that the recording machine was not working at the July 7, 2003, Code Enforcement
Board. Mr. McLeod stated that he did agree with Mr. Spiece, at the July 7 meeting, that it was
very possible for the electric work to take a certain and undetermined length of time to complete
without tearing up an existing building. This was the reason why the Code Enforcement Board
recommended an abatement to $4,500.00.
Vice-Mayor McElyea agreed that rewiring the election on some of the old houses can be a real
project.
Laurence Leeds, Community Development Director, estimated $1500 of legal cost for each Item
3.1 and 3.2. Mr. Spiece mentioned that he has paid the permit and inspection fees and that he
was in compliance as of January 14, 2003. Mr. Leeds stated that the Code Enforcement Board
determined that Mr. Spiece was not in compliance until April 2003.
Commissioner Chunn was concerned that many of the Code Enforcement Board applicants do
not clearly understand the time frames and need to call for inspections and that he did not
believe that they are lying. He stated his desire to find a way to correct the problem.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to abate the
liens for both Item 3.1 and 3.2 to $1500.00 ($750.00 each case). The motion failed on the
following 2/2 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-no Mayor Anton-no
A motion was made by Commissioner Mikes, seconded by Mayor Anton, to abate the lien to
$1,500.00 for Item 3.1. The motion failed on the following 2/2 roll call vote:
Commissioner Chunn-no Vice-Mayor McElyea-no
Commissioner Mikes-yes Mayor Anton-yes
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate
the lien for Item 3.1 (Case #3267) to $1,000.00 subject to payment within 90 days. The
motion passed on the following 3/1 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-no Mayor Anton-yes
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate
the lien for Item 3.2 (Case #2638) to $1,000.00 subject to payment within 90 days. The
motion passed on the following 3/1 roll call vote:
• Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-no Mayor Anton-yes
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• 3.3 Request by Otillie C. Graves, for abatement of Case #2703 for property located at
4561 SW 24 Avenue.
Attorney Harry Hipler, representing Otillie c. Graves, advised that there was a notice issue and
requested approval of the Code Board's recommendation for abatement.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate
the lien for Case#2703 to $1,500.00 subject to payment within 90 days. The motion
passed on the following 4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.4 Request by Gwendolyn Robinson for abatement of Case #1227 for property
located at 713 SW 7 Street.
Gwendolyn Robinson, 3230 N. 23 Avenue, Hollywood, advised that she did not receive all of the
notices for the property. In response to Commissioner Mikes, she advised that she has owned
the rental property for 10 years and that she has 4 other rental properties in west Hollywood.
Laurence Leeds advised that proper notice was provided as determined by the Code
Enforcement Board. City Attorney Ansbro pointed out that Will Dubisky states on record that the
notices were received by Ms. Robinson. Mr. Leeds advised that the City's costs would be
around $6,000 for 529 days and that the fines involved abandoned vehicles and problems with
• the building. Mr. Leeds thought that the fine should not be dropped lower than $3,500.00 and he
stated that the property is now in compliance.
With regards to the motion, Mayor Anton and Laurence Leeds explained the conditions to Mrs.
Robinson to ensure that she understood the requirements.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to abate
the lien for Case #1227 to $3,500.00 subject to payment within 90 days and with the
understanding that should the property fall out of compliance within the next 2 years, the
fine in the amount of$79,450.00 will be reinstated. The motion passed on the following
4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.5 Request by James A. & Phyllis J. Reidy for abatement of Case #2318 for property
located at 837 NW 8 Avenue.
The applicants were not present and the Commission discussed whether or not to accept the
Code Board's recommendation.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate
the lien for Case #2318 to $1,500.00 subject to payment within 90 days. The motion
passed on the following 4/0 roll call vote:
• Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
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• 3.6 Request by Myrtis Collie for abatement of CEB01-0085 for property located at 707
SW 8 Street.
Continued to November Abatement Hearing Meeting.(date to be determined)
3.7 Request by Stewart C. & Alondra Kachel for abatement of Case #2961 for property
located at 4448 SW 51 Street.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate
the lien for Case#2961 to $1,500.00 subject to payment within 90 days. The motion
passed on the following 4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.8 Request by South Florida Haitian Evangelical Baptist Church Inc. for abatement of
two liens (CEB00-0678 and Lot Mowing & Debris Removal) for property located at 337 SW
13 Street.
Laurence Leeds, Community Development Director, advised that the Code Enforcement Board
recommended an abatement to $3,000 for the code lien and that the total debris removal lien
amounts to $4,076.30.
• City Manager Pato explained that the street closures were ongoing in this area at the time and
he asked that Michael Sheridan be given an opportunity to explain this issue.
Michael Sheridan, Public Services Department, advised that the City was showcasing the street
closures in the area of the church and the church was not given enough time to clean up the
property as they were allowed, therefore, the City is asking that the lot mowing fine be fully
waived.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to
waive the Lot Mowing & Debris Removal lien to zero. The motion passed on the
following 4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
Pastor Joseph M. Louissant, South Florida Haitian First Baptist Church, introduced himself and
encouraged the City Commissioners to feel free to meet with him and his congregation. Pastor
Louissant stated that he fixed the violations on the property each time he was notified, however,
he was not aware of the reinspection process required after the property was cleaned up.
Commissioner Chunn expressed his concern that the Pastor was not aware of the reinspection
requirements.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to abate
• the CEB00-0678 to $3,000 subject to payment within 30 days. The motion passed on the
following 4/0 roll call vote:
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• Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.9 Request by Brian R. Mathiasen for abatement of Case #CEB99-0274 for property
located at 4761 Sw 26 Terrace.
3.10 Request by Brian R. Mathiasen for abatement of Case #CEB01-0152 for property
located at 4761 Sw 26 Terrace.
Continued to November Abatement Hearing Meeting.(date to be determined)
3.11 Request by Warren Daniels for abatement of Case #2177 for property located at
149 NW 14 Avenue.
Frank West requested consideration for a reduction in the recommended $12,000 abatement
fine by the Code Enforcement Board and advised that he did not receive the notices. In addition,
he advised that the previous owner did not abide by the City's requests and that he did not own
the property at the time the violations occurred.
Mr. Leeds advised that the property is in compliance.
Mayor Anton confirmed with Mr. West that he was aware of the liens when he purchased the
property and that the previous owner sold the property to him to evade the foreclosure actions.
Discussion followed on the notice issue. Mr. West commented on the debris left by the previous
• owner and his inability to be aware of the lien amounts. Mr. West advised that he did have an
attorney assist him with the purchase and that he cannot pay the $12,000 as he cares for an
elderly father.
Commissioner Mikes mentioned that there may be recourse for Mr. West against his attorney or
prior owner and that it is not fair to impose costs for clean up and negligence of these properties
on the tax payers.
A motion was made by Commissioner Mikes, seconded by Mayor Anton, to continue the
abatement request to November 20, 2003 Abatement Hearings. The motion passed on
the following 4/0 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.12 Reconsideration of abatement request by Castella Williams for #CEB01-0091 for
property located at 723 SW 6 Street.
Mayor Anton stated for the record that Ms. Williams had attempted to obtain a copy of the July 8
Abatement Hearings of the City Commission and that temporary staff in the City Clerk's Office
had accidentally erased the tape. Mayor Anton felt it was important to state this on the record
and advised that the comments on the tape that were of interest to Ms. Williams can be restated
tonight by Mr. Leeds.
• Castella Williams mentioned that she is very involved with Dania Beach and that she cares for
the City. In addition, she takes action to remove tenants that may have anything to do with
drugs and that she has lost rent to address this type of problem. Ms. Williams advised that Mr.
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Leeds and Mr. Dubisky have stated positive comments and support for her case and that she
• did not receive the notices. Ms. Williams asked that the City Commission put themselves in her
place and that they be fair with her. She also stated that she pays taxes and that her parents
have lived in the City since the 40's.
A motion by Commissioner Chunn to waive the fine to zero. The motion died for lack of a
second.
A motion was made by Commissioner Mikes, seconded by Vice Mayor McElyea, to abate
the fine to $500.00 subject to payment within 90 days. The motion passed on the
following 3/1 roll call vote:
Commissioner Chunn-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-no
Discussion followed with Tim McLeod on the board's requirements for filing a "Findings of Fact"
to ensure that properties do not fall back into non-compliance. Commissioner Mikes mentioned
that these procedures for reinspection are not always clear to the applicants and he inquired as
to whether the City Commission should have the applicants take an Oath at the Abatement
Hearings. Mr. McLeod explained that the Code Enforcement Board and Officers tell the people
to call City Hall for a reinspection so that the fines are not continuing to escalate.
Mr.& Mrs. James Reidy (Item 3.5) were abated to $1500 tonight and they mentioned that they
have sold the property. City Attorney Ansbro advised them to contact Attorney Chris Ryan to
determine what they will obtain from escrow after the fine is paid to the City.
• This meeting was adjourned at 7:00 p.m
OB NTO , MAYOR
AT EST'
CHARLENE JO ON
CITY CLERK
APPROVED: November 12, 2003
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