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HomeMy WebLinkAbout2003-11-20 Special Meeting Abatement Hearing City Commission Meeting Minutes MINUTES • DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS NOVEMBER 20, 2003 1. CALL TO ORDER: Mayor Anton called the meeting to order at 6:05 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 Deputy Clerk: Miriam Nasser 3. ABATEMENT REQUESTS: 3.1 Request by South Florida Haitian Evangelical Baptist Church Inc. for abatement of three (3) lot mowing and debris removal liens, folio #1203 10 1821. Property located at 1337 S.W. 13th Street. Mayor Anton clarified for the record that the correct address was 337 SW 13 Street. Michael Sheridan, Director of Public Services, stated that the Haitian Church would like to be reimbursed for a lien that they recently paid that was owing from years ago when another church owned the property. Tim Ryan, Special City Attorney, explained that the church thought all liens were included in the action from the previous abatement meeting held in September. He reminded the Commission that they took action to reduce another lot mowing and debris removal lien in September because the church had not been given the proper notification by the City. Pastor Joseph Louissant, South Florida Haitian Evangelical Church, believed that the church had been presented with all liens owing against the property at the September Abatement Hearings. He indicated that when he came to pay the $3,000 on the Code Lien that he owed from the September meeting, Linda Mason, Lien Department, told him that the church owed another lot mowing lien in the amount of$1500. He advised that he paid the lien as requested by staff, however, he urged the City Commission to consider a reimbursement since the City staff did not present all lien information correctly. Public Services Director Sheridan felt that it was made clear to Pastor Louissant that only one fine was owed from the September meeting, however, there was another lot MINUTES 1 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS x mowing lien from years ago that had not been included in the staff information at the, meeting. He mentioned that the City needed to recover these costs because the property had to be maintained by the City when another church owned the land. Commissioner Mikes felt that if there were special circumstances, he would not have a problem supporting a waiver, however, he could not support the transfer of hard costs that the City spent onto the taxpayers. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Mikes, to deny abatement of Item 3.1. Commissioner Chunn wanted to make sure Pastor Louissant understood that the City cut the grass and maintained the property for the church some years ago, which is why the lien was imposed. Pastor Louissant stated that he had paid a contractor to cut the grass monthly, but the City cut it twice in the meantime. He also mentioned that the City workers had put equipment on the lot, but did not clean up the area after the machines were removed. When he requested that it be cleaned up, they charged him for that work. He insisted he had done what he could to keep the property cleaned up. The motion passed on the following 4-1 roll call vote: Commissioner Chunn — no Vice-Mayor McElyea —yes Commissioner Flury—yes Mayor Anton —yes • Commissioner Mikes —yes Mayor Anton reiterated that the lien would stand and the money would not be reimbursed. Mayor Anton reminded the public that the cases before the Commission at this hearing would not be reheard and that the applicants should limit their comments to what brought them to the meeting and the reason for their request. 3.2 Request by William J. & Marjorie Drozdowski, for abatement of Case #CEB00- 0594, folio #1203 17 0258. Property located at 417 S.E. 4th Street. Tim Ryan, Special Counsel for the City, explained that there had been an elderly gentleman that owned the land for some period of time before he passed away, and that he had not been mowing the grass. Attorney Ryan advised that the property became so bad that the City had to cut the grass and before the owner passed away, the property was cited with a Code Enforcement Board lien in the amount of $8,450.00. The Code Enforcement Board recommended abating the lien to $4,000, and the property was now in probate. Attorney Harry Hipler, representing William J. & Marjorie Drozdowski, stated that his client had no problem with paying the $4,000, but requested 60 days to pay. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate Item 3.2 (Case #CEB00-0594) to $4,000 subject to payment within 60 days. MINUTES 2 NOVEM13ER 20, 2003 SPECIAL MEETING-ABATEMENTS 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 ITEMS 3.8. 3.9 & 3.10 WERE HEARD BEFORE ITEM 3.3 3.3 Request by Warren H. Daniels, for abatement of Case #2177, folio #0233 11 0010. Property located at 149 N.W. 14'h Avenue. Tim Ryan, Special Counsel for the City, informed the Commission that Frank West currently owned the property in question. He advised that Mr. West apparently lived on the property for one year before he recorded the deed, and the previous owner, Warren Daniels, had received all the City notices. He further explained that there were two violations dealing with public nuisance and inoperable vehicles on the property and that the Code Enforcement Board recommended a reduction of the fine to $12,000. Frank West, 149 NW 14 Avenue, stated that he had been before the Commission two months ago attempting to get the $12,000 reduced to an amount he could afford to pay. He explained that the previous owner had not given him the notices and he did not know anything about them until June 2003. In response to Commissioner Flury's question, he stated that he bought the property in February or March of 2002. Commissioner Chunn indicated that he had been watching the property and Mr. West had been maintaining it. Commissioner Chunn made the Commission aware that Mr. • West was also taking care of an extremely ill father and he didn't want to see Mr. West lose his father and/or his home. Commissioner Chunn recommended to reduce the fine to $5,000. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to abate Item 3.3 to $2,500 00 subject to payment within 90 days. In response to Vine-Mayor McElyea's question, Attorney Ryan stated that the hard costs to the City were approximately $1,500. In response to Commissioner Mikes question, Mr. West stated that the home was purchased for $45,000 and that he complied with the violations within 30 days of learning of the violations. Commissioner Flury confirmed that Mr. West did not appear before the Commission in July of 2002 and that the previous owner had received the City notices. The Commission made it clear to Mr. West that if the liens were not paid in 90 days, he would have to pay the original amount. 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 MINUTES 3 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS 3.4 Request by Brian R. Mathiasen, for abatement of Case #CEB99-0274, folio • #0229 03 0060. Property located at 4761 S.W. 26'h Terrace. 3.5 Request by Brian R. Mathiasen, for abatement of Case #CEB01-0152, folio #0229 03 0060. Property located at 4761 S.W. 261h Terrace. Tim Ryan, Special Counsel for the City, expressed his desire to present 3.4 & 3.5 together. He explained that Brian Mathiasen owned the property at SW 26 Terrace and was originally cited by the Code Enforcement Board because of a violation for failing to maintain the property, and, on a later date, for presence of unlicensed and inoperable vehicles. He indicated that Mr. Mathiasen never appeared at any of the hearings and fines escalated to $73,000 on the first case and $63,600 on the second. He advised that the owner lost the property because he failed to pay County property taxes and Gold Hands Construction purchased the tax deed on the property by paying $47,700. He further explained that there was $30,000 to $35,000 in the Broward County Court Registry that the City would take legal action to acquire. The Code Enforcement Board reduced the fine by half to $68,300, not knowing at that time about the funds in the Court Registry. He stated that since the City became aware of the Court Registry funds, they had been negotiating with Gold Hand Construction to reduce the amount to $35,000, which the owner felt was too high. Attorney Harry Hipler, representing Gold Hands Construction, described the destitute state of the property when Gold Hands acquired it. He stated that the purchase price was $48,000 and that $12,000 was for taxes, and $36,758 was left in the surplus funds account. He indicated that because there was also a foreclosure action involved, the owners were requesting to have everything resolved. Attorney Hipler pointed out that the new owners were very timely in bringing the property into compliance after taking possession. He described the improvements that had been made at the cost of almost $40,000. Mr. Hipler offered to make an agreed order that any money in the surplus funds in the Court Registry be assigned to the City. Special Attorney Ryan stated that the City had the right to the surplus funds after the County taxes had been paid regardless of Gold Hands' ownership of the property. Recognizing that the City would be obtaining approximately $35,000, the staff recommendation was to offer some relief on the lien, but not to bring it down to zero. Mr. Hipler stated that the owners did not wish to contest the $36,758 and requested the Commission come up with a low figure, perhaps $5,000, to avoid contestment of the foreclosure action. Commissioner Mikes advised that the property owner had other rental property in the City. Mr. Hipler suggested continuing the item to the January meeting and offered to provide pictures of the property and a list of improvements. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to continue Items 3.4 & 3.5 to the January meeting. • MINUTES 4 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS Attorney Ryan clarified that the Commission was continuing the abatement issue, • however, the City would be taking action within 60 days to collect surplus money from Broward County Revenue Collector. 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 3.6 Request by Myrtis Collie, for abatement of Case #CEB01-0085, folio #1203 34 0300. Property located at 707 S.W. 8th Street. No one was present from the Myrtis Collie estate. Special Attorney Ryan explained that Myrtis Collie passed.away in 1997. After she died, the property had a number of violations and fines escalated in excess of $70,000, which was more than the property was worth. In addition, the family of the deceased had failed to respond to any notices. He reported that staff understood that if the City acquired the property, the building would need to be demolished and the property sold as a vacant lot. He advised that there had also been suspected drug activity at the property. He recommended some reduction because of property worth, and stated that the recommendation of the Code Enforcement Board was to deny any abatement. Staff had recommended reducing the fines between $25,000 to $30,000 payable within 60 days. • Commissioner Mikes suggested that in cases where the City could get an ownership interest in the property that staff should provide photographs of the property. He felt this would give the Commission the opportunity to think of other covenants to put on the property before it was marketed to developers. Larry Leeds, Director of Community Development, stated that a Broward County Sheriff officer would need to take pictures of this property as Community Development Staff were reluctant to approach the property due to drug activity. In response to Commissioner Flury's question about lot size, Director Leeds stated that although he did not have the actual size, it was a small lot. He also agreed with Commissioner Mikes that the City could put covenants on these types of properties, such as requiring an enclosed garage to set higher standards, but warned that it would slow down the sale and reconstruction of the property. Commissioner Flury was concerned that if the lien were abated to $30,000 that the property would be vacant for a long time. Special Attorney Ryan suggested denying the abatement and continuing with foreclosure action, and if someone surfaced that had interest in the property, they could negotiate with the City at that time. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to deny the abatement of Item 3.6 (Case#CEB01-0085). The motion passed on the following 5-0 roll call vote: MINUTES 5 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS Commissioner Chunn —yes Vice-Mayor McElyea —yes • Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes 3.7 Request by Frances Chapman, for abatement of Case #02-3276, folio #0235 06 0480. Property located at 521 N.E. 2"d Street. No one was present to represent Frances Chapman. Special Attorney Ryan presented the case outlining the hardship that Mrs. Chapman had experienced due to the unexpected death of her husband. The Code Enforcement Board recommended reducing the lien to $100.00. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to abate Item 3.7 (Case #02-3276) to $100.00 as recommended by the Code Enforcement Board payable within 60 days. 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 ITEMS 3.8. 3.9 & 3.10 WERE HEARD BEFORE ITEM 3.3 3.8 Request by James Grace (representing the estate of Robert Grace) for abatement of five (5) lot mowing and debris removal liens, folio #0234 01 4310. • Property located at 215 N.W. 5th Avenue. James Grace, 110 NW 8 Avenue, representing Robert Grace estate, requested a reduction of the liens on 2 lots (19 &20) from $7, 719.18 to something that he could pay personally. He explained that the property had been in his family for years and that several family members were disabled and in poor health and could not help financially. He advised that he had personally maintained the property for the past 11 years. In response to Vice-Mayor McElyea's question, Mayor Anton clarified that the liens were $7,830.78. In response to Vice-Mayor McElyea's question concerning the high amount of the liens, Mr. Grace answered that several people were involved, but he had taken it upon himself to get it resolved. Public Services Director Sheridan stated that lot-mowing issues were a hard cost for the City and that this particular lot required five lot mowings in addition to debris clearing and removal. Special Attorney Ryan wanted to know if Mr. Grace understood that if an amount was agreed on that he would have to pay within 60 days. Mr. Grace indicated that he would be glad to pay an agreed amount within that time frame. In response to Commissioner Flury's question, Director Sheridan indicated that these • liens were established between 1991 and 1993 and that there were five lot mowings, MINUTES 6 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS clearing of debris, and an unsafe structure removal, and that the amount included • accrued interest. Commissioner Flury would not support reducing the liens because the City had incurred significant expenses. Commissioner Mikes confirmed that the building was not voluntarily removed and involved a legal process. In response to Mayor Anton's question, Commissioner Flury stated that the $1600 for demolition of the building did not include attorney's fees. Commissioner Mikes was disturbed that these fees were over 10 years old, and the petitioner only came forward to address the issue at this time because he wanted to build on the property. Mr. Grace stated that although a number of people were involved, he had taken on almost the full responsibility. In response to Commissioner Mikes' question concerning getting an attorney and having the property put in his name, Mr. Grace indicated it might be his next step, but he wanted to get this issue resolved first. Commissioner Chunn felt that Mr. Grace had done his best. In response to Vice-Mayor McElyea's question, Mr. Grace stated the lot sizes were 52 feet by 108 feet and they were back to back and went from one avenue to the next. • In response to Commissioner Mikes' question, Mr. Grace indicated that the last assessed value he had was $14,400 for both lots and that these were now build able lots. A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to deny abatement of Item 3.8. (This mono"n'wasreplac' y tfie followin'p.sub"s fi e' Modori' Commissioner Mikes stated that he would be willing to waive half the fine if Mr. Grace agreed to combine both lots and build only one better-quality house for the neighborhood. Mr. Grace agreed to Commissioner Mikes' proposal. A substitute motion was made by Commissioner Mikes to reduce the fine by 50% with the condition that one better-quality house be built on the two lots. Special Attorney Ryan advised the Commission to clarify for Mr. Grace that if the Commission did reduce the fine, he would be required to execute a restrictive covenant so that the two lots may only be constructed with one single-family residence, and if he failed to execute the restrictive covenant, Mr. Grace would be responsible for the full amount of the lien. He added that the restrictive covenant and the payment must be made within 60 days. Attorney Ryan also indicated that he would prepare the Restrictive Covenant. Commissioner Mikes thought that this action would be positive for the community. MINUTES 7 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS Commissioner Flury questioned whether or not Mr. Grace would be able to obtain the • authority from other family members/property owners to do this. She questioned what would happen to the property if Mr. Grace would not be able to buy out the others. Mr. Grace stated that he would continue to maintain the property as he had for the past 11 years. In response to Mr. Ryan's question as to how many people owned the property, Mr. Grace indicated that there were eight individuals involved. City Attorney Ansbro suggested postponing action, interest free for six months, allowing Mr. Grace to come back with title. Commissioner Mikes amended his substitute motion, seconded by Commissioner Chunn, to abate the $7,830.78 lien by fifty percent, interest free for six months, with the following conditions: 1) Mr. Grace would execute a restrictive covenant so that the two lots may only be constructed with one single-family residence; 2) Mr. Grace would transfer title of the property to his name; 3) Mr. Grace would present to the City a title insurance policy that would show title guaranteed in his name; (4) If the conditions were not met within six months, Mr. Grace would be required to pay the full lien amount plus interest accrued to that date. The amended and substitute 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 3.9 Request by Eli Bohadanah for abatement of nine (9) lot mowing and debris removal liens, folio #0234 06 0100. Property located at 410 N.W. 3rd Street. 3.10 Request by Eli Bohadanah for abatement of seven (7) lot mowing and debris removal liens, folio #0234 06 0110. Property located at 410 N.W. 3 d Street. Eli Bohadanah asked the City to waive the $100 recording fee for Items 3.9 & 3.10. He clarified that he was not asking for the lien to be reduced. Special Attorney Ryan felt Mr. Bohadanah was reasonable and noted that paperwork was done in-house at a cost of$6.00 per page plus staff time of $25.00 each. Mayor Anton confirmed that the total liens on both items totaled $5,140.58. In response to Commissioner Flury's question concerning cleaning the property, Mr. Bohadanah explained that he had only recently purchased the properties and that he had been taking care of them since he purchased them. He clarified that the liens existed when he purchased the properties. He stated his intention to put all three lots together and build a house. City Attorney Ansbro recommended that all the City's hard cost would be paid plus the staff time. MINUTES 8 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS Mayor Anton confirmed that these costs would be approximately $4,000, which would be • a reduction of$1,140. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to abate Items 3.9 & 3.10 to $4,000 subject to payment within 30 days. The motion passed on the following 4-1 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury— no Mayor Anton —yes Commissioner Mikes —yes DISCUSSION WITH ATTORNEY TIM RYAN: Mayor Anton mentioned a letter from Special Attorney Ryan to City Manager Pato and asked Mr. Ryan to comment. Special Attorney Ryan indicated his hesitation in reducing liens on certain cases to the out-of-pocket amounts and was of the opinion that this eliminates an incentive for people to maintain their property. He also cautioned against the reductions of liens for lot mowing, debris removal, and unsafe structures because it was hard cost to the City. Mr. Ryan also addressed the possibility of the Commission allowing the City Manager authority to rule on abatements concerning lot mowing, debris removal, and unsafe structures less than $5,000, in order to lighten the agenda and give Commission more time to focus on larger issues. • Commissioner Flury would not even consider the reduction of some cases involving hard costs and felt it would eliminate the need for the Code Enforcement Board. She also felt it was important for the small cases to come before the Commission as she felt it was an educational process and thought the public forum was important. Commissioner Mikes agreed with Commissioner Flury. He also did not want to see the City Manager assume authority for lien abatements. Commissioner Mikes felt it could put the City Manager in an uncomfortable position between two Commissioners who both felt strongly about a particular situation. The consensus of the Commission was that they were pleased with present procedures. 4. ADJOURNMENT. The meeting adjourned at 7:30 p.m. AOBNTO MAYOR-COMMISSIONER T EST: Respectfully submitted by Jill Fiorentino 4CARALENE NSON APPROVED: January 13, 2004 CITY CLERK • MINUTES 9 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS