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Home My WebLink About2007-01-18 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 18, 2007 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for MYSB LLC for Case #04-1269, for property located at 4680 SW 33'd Avenue (#0230-03-0090) 3.2 Request for abatement for Bryan Road Investments LLC for Case #05-0835, for property located at 80 SW 81" Avenue (#0234-24-0080) 3.3 Request for abatement for Stewart C. Kachel Rev. Liv. Trust for Case #05-1008, for property located at 4448 SW 51St Street (#0136-02-0580) 3.4 Request for abatement for Hector J. & Henrietta Rodriguez for Case #05-1142, for property located at 3970 SW 5 1" Street (#0231-01-0264) 3.5 Request for abatement for Garth Simpson for Case #05-1420, for property located at 722 SW 3rd Place (#1203-36-0700) 3.6 Request for abatement for GC Properties LLC for Case #05-1425, for property located at 2402 SW 541h Street (#0232-23-0210) Dania Beach City Commission Agenda- Abatement Hearing January 18, 2007 —6:00 p.m. Page 2 of 2 3.7 Request for abatement for Nelson McCutcheon for Case #01-0094, for property located at 401 NW 3`d Place (#0234-06-0410) 3.8 Request for abatement for J&J Properties of Broward Inc. for Case #04-1241, for property located at 11 S. Federal Highway, a/k/a 15 S. Federal Highway (#0234-01- 3380) 3.9 Request for abatement for J&J Properties of Broward Inc. for Case #04-1242, for property located at 17 & 19 S. Federal Highway, a/k/a 20 N. Federal Highway (#0234-01-3390) 3.10 Request for abatement for Moshe Bachar for Case #04-1096, for property located at 2411 SW 581" Manor (#0232-21-0150) 3.11 Request for abatement for Moshe Bachar for Case #06-0159, for property located at 2411 SW 58t" Manor (#0232-21-0150) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: January 11, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for MYSB LLC -#04-1269—4680 SW 33 Avenue Summary Explanation & Background: This was originally cited on 09/16/04 for 2 violations and was given 15 days to comply. This was heard by the board on 05/09/05 for 2 violations. The compliance date was 6/16/05. The board issued a final order giving the defendant 15 days to comply or a fine of$150.00 per day would be levied. The fine was confirmed on 01/04/06. The property was brought into compliance on 10/11/05. The fine ran from 09/30/05 through 10/11/05, 11 days @ $150.00 per day = $1,650.00 plus a recording fee of$176.50 for a total of$1,826.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 05/09/05, 08/01/05, 07/17/06, Code Board meetings, and the 9/11/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $500.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1269 municipal corporation PLAINTIFF, FINAL ORDER vs. MYSB LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 9, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, MYSB LLC, did allow the following code violations to exist at property Defendant owns located at 4680 SW 33 Avenue, Dania Beach, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 (# 0230 03 0090): 1. Chapter 8, Buildings, Article ll, Property Standards, Section 8-21(4)(f). Minimum standards for dwellings, hotels and rooming houses. General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fence which is in disrepair and failing down. FINAL ORDER #04-1269 PAGE 2 2. Chapter 8, Building, Article II. Property standards, Section 8-21 (c) (2). Minimum standards for dwellings, hotels and rooming houses. Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. There is rubbish, trash and refuse located on the property. Failure to remove all rubbish, trash and refuse from the subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, MYSB LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 15 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, MYSB LLC, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of 150.00 per day, to begin running 15 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1269 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: -- Richard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this day of t- 2005. NOT RY PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. �1 PIN,(; G0M�'y�8 p0187 y 10.Zpp7 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1269 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, MYSB LLC, this day of 2005. CERTIFIED MAIL 7004 1350 0005 2993 7379 C ENFORCWENY BOARD CLERK APPROVE S TO F RM AND CORRECTNESS r TIM RYA , SPECIAL CIT ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1269 municipal corporation PLAINTIFF, FINAL ORDER vs. MYSB LLC DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 1, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. At a Formal Hearing on May 9, 2005, the Code Enforcement Board determined that Defendant, MYSB LLC, did allow the following code violations to exist at property Defendant owns located at 4680 SW 33 Avenue, Dania Beach, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 (# 0230 03 0090) : 1. Chapter 8, Buildings, Article 11, Property Standards, Section 8-21 (4)(f). Minimum standards for dwellings, hotels and rooming houses. General requirements for all FINAL ORDER #04-1269 PAGE 2 dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fence which is in disrepair and falling down. 2. Chapter 8, Building, Article II. Property Standards, Section 8-21 (c) (2). Minimum standards for dwellings, hotels and rooming houses. Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. There is rubbish, trash and refuse located on the property. Failure to remove all rubbish, trash and refuse from the subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, MYSB LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day was scheduled to begin running 15 days from the date this order was signed by the Chairperson of the Board. The original order was signed on June 1, 2005. (b) At the Formal Hearing on August 1, 2005, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until September 30, 2005. (c) Except as expressly amended herein this board's order in this case signed June 1, 2005, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this 30 day of 2005. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: i�A,lid Richard Bettor, Chairperson Sworn and subscribed before me this day of 2005. NOTARY PUBL STATE OF FLORIDA Richard Bettor is personally known to me. G,oria i srandes err My Commission DD167260 Return to: Patricia Varney, Finance Director +° ^ City of Dania Beach •��c h ' Expires May 10,2007 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1269 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, MYSB LLC, this day of , 2005. CERTIFIED MAIL 7004 2510 0003 0646 2220 COD ENFORC ENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, PECIAL CITY A ORNEY xc: Schlomo Beno, MYSB ILLC, 4740 SW 31 Court, Hollywood, FI 33021 Certified Mail 7004 2510 0003 0646 2237 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 04-1269 Florida rnunicipal corporation, Petitioner, -vs- MYSB LLC Respondent/ AMENDED ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Gary Phaneuf on the 17th day of July 2006 and in accordance with Florida Statute 162.09, the Code Enforcement Special Magistrate states as follows: 1. On the 1st day of June 2005, a Final Order in the above-captioned case was entered by the Code Enforcement Board commanding the Respondent, MYSB LLC, to bring the violations specified in said Final Order into compliance on or before the 16th day of June 2005 or pay a fine in the amount of$150.00 per day for each day of non-compliance thereafter. 2. The violations found by the Code Enforcement Special Magistrate and entered in the Final Order occurred on the following described real property situate, t I i Order Imposing Fine Case 404-1269 lying and being in Broward County, Florida, to-wit: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 (#0230 03 0090) 3. Respondent, MYSB LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of October 11, 2005 when the Respondent complied with said final order. 5. The fine accrued for a period of 11 days at $150.00 per day for a total fine of $1,650.00. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this day of , 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGIS By: c . Berman, Esq. i SWORN TO and SUBSCRIBED BEFORE me this day of all , 2006 by who is personally known t me. -T- Notary Public, State of Florida ..... .. SHARIANN PEARSON Notary Public-State of Florida •,tyy � F esM10y11.2W8 0.' Commission#DD 318233 Retum to: Patricia Varney,Finance Director 2 �,�.a�:,' BomcWjed By NakxKd NotaryAwn. City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#04-1269 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, MYSB LLC, this day of IUN± 2006, via U. S. First Class mail and U. S. Certified Mail No. 7001010 0004 8918 5946 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular first class mail xc: MYSB LLC, 4680 SW 33 Avenue, Dania Beach, FL 33312 Certified Mail 7003 1010 0004 8918 5953 MYSB LLC, 4740 N 31 Court, Hollywood, FL 33021 Certified Mail 7003 1010 0004 8918 5960 Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 yi o • FLORIDA . v1 Cx- F September 16, 2004 .r MYSB LLC Case Number: 04-00001269 18151 NE 31 CT SUITE 1117 NORTH MIAMI BEACH, FL 33160 Location: 4680 SW 33 AVE Folio: 504230030090 Legal Description: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 Dear MYSB LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by October 16, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Since y, GA 7PHAEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 .1680 0002 5106 1372 by DOREEN GRANT. Also sent regular mail . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us ,wr' V1ULATIUN 1Jt1A1 wFt L rrsvr, i tr �FSE NUMBER 04-00001269 pgpPERTY ADDRESS 4680 SW 33 AVE -------------------------------------------------------------- VIOLATION: CH. 8,ART II, SEC 8-214F QUANTITY: 1 DESCRIPTION: CH 8,ART II, PS, SEC 8-21 (4) (F) DATE: 9/16/04 LOCATION: NARRATIVE Fence must be replaced, repaired or removed. Permit required for replacement . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (4) (f) . Minimum Standards for Dwellings, Hotels, and Rooming Houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units . Fences shall be maintained in a good state of repair. -------------------------------------------------------------- VIOLATION: CH. 8, ART. II, SEC. 8-21 C2 QUANTITY: 1 DESCRIPTION: CH. 8, ART. II , SEC. 8-21 C2,MS DATE: 9/16/04 LOCATION: NARRATIVE Remove all rubbish, trash & refuse - maintain your property in a neat and clean condition ORDINANCE DESCRIPTION : Violation of Chapter 8, Building, Article II . Property Standards, Section 8-21 (c) (2) . Minimum standards for dwellings, hotels and rooming houses . Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. The owner of property adjacent to dwelling structures shall be required to keep such premises free from growth of weeds, grass, other flora, and rubbish, trash and other refuse. anyone representing Violet Kaminski but no one came forward. It was on motion of Judy Jensen, seconded by Judith Tulacro to adopt the findings of fact by code Inspector Dubisky and allow for 45 days to comply or a fine of$100.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 35) # 04-1269 MYSB LLC 4680 SW 33 St Dania Beach, Fl Code Inspector Gary Phaneuf, having been previously sworn in, came forward, submitted 9 photographs for the record and gave the following testimony. This property is in violation of Ch 8 Art II Sec 8-21(4) (f) and Ch 8 Art II Sec 8-21-C2. As of today, the property remains in violation. The first time the defendant was contacted was in September 16, 2004. Chairman Bettor asked if there was anyone representing MYSB LLC but no one came forward. It was on motion of Jay Hamilton, seconded by Judy Jensen to adopt the findings of fact by code Inspector Phaneuf allow for 15 days to comply or a fine of $150.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-absent Jay Hamilton-yes Richard Bettor-yes 36)# 04-1519 Patricia Palmer 809 SW 12 Ave Dania Beach,Fl Code Inspector Eric Baker, having been previously sworn in, came forward, presented one photograph to be entered as evidence in the case, and gave the following testimony. This case is a violation of Ch 14 Sec 14-2, Ch 13 Art II Sec 13-34 A, B, C and Ch 28 Zoning Sec 4.20 RS 6000. As of today the property is still in violation of Chapter 14 Sec 14-2. Chairman Bettor asked if there was anyone representing Patricia Palmer, no one came forward. It was on motion of Judy Jensen, seconded by Terrell McCombs to adopt the findings of fact by code Inspector Baker and allow for 30 days to comply or a fine of $75.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-absent Jay Hamilton-yes Richard Bettor-yes 37)# 04-1545 Danielle & Michelle Peterman 608 West Dania Beach Blvd Dania Beach,Fl Dania Beach Code Board Summary Minutes 15 May 9,2005 Dania, came forward and was sworn in. Mr. Levy stated that he purchased the property on 7/8/05 and has submitted plans to the building department. He said he needed some time because he has 16 tenants that he has to relocate. Tim Mc Leod made a motion to find that the violations still exist and give the respondent 120 days to submit the plans to the building department and thereafter a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 16. Case# 05-1008 Stewart Kachel Rev Liv TR 4448 SW 51 Street Fort Lauderdale Code Inspector Eric Baker, having been previously sworn in, came forward and presented 3 photographs into evidence. He stated that as of today this property is still in violation of Ch.8, Art.II, roof, wall, and ceiling - all must be watertight, Ch.8, deteriorated facia board, Ch.15, occupational license, FBC104.1, replacing roof without a permit. Chairman Bettor asked if there was anyone present to represent Stewart Kachel Rev Liv TR. Arthur Kachael, son of Stewart Kachel, 4448, SW 51 Street. He identified the photographs presented as that of his property. He said he was doing everything he can to bring the property into compliance. He said he has submitted applications for permits for the roof and the occupational license. Mr. Kachel asked to be given 120 days to comply. Judy Jensen made a motion to move that the violations exist as charged, move the violator be given 120 days to comply and thereafter a fine of$75.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 17. Motion to Confirm - Case#04-1269 - MYSB LLC - 4680 SW 33 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation. The fence has not been repaired and there is still trash and debris on the property. Chairman Bettor asked if there was anyone present to represent MYSB LLC. Schlomo Beno, 4740 SW 31S` Court, Hollywood, and was sworn in. Mr. Beno said he did not know that he had violations because he never received any notices. Judy Jensen made a motion to extend the compliance date by 60 days to 09/30/05. Tim Mc Leod seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 8 August 01,2005 a a ID C C O (D CDT T > � m T (L) m C C C T m m _0 = L 'm0 = L O O O Q O O 03 v3 mm m °� `m T, m T C X C X N N ,N O C n `O a) C a 0 a) O m O m 0 0 0 a) 0 a) O C O m O m 0 a) 0 a) O O O O O O O ,O N CO ,O C O O O p >. m 0 C O O C C C C C C C C C C a) C C C O p T t� p T= T t� T t� T w >.:�. T T"" T t� >+:� >+:._ >. >, C T w T tr T w f N a) L w L r m E E m O. >, a) O_ T 0. >, CL n > CL n >, Q. 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N N C co "0 N N Q 2� CL N N J C N O 06 a) m m m (� N N V C -C J C (D cC m m m m U 'O N N C '- m m Y > E N n m m N U 0 (� N N > '._ C U_ V } O N N > m O � i0 '� a) co O 0 O d .N Z -miQJ 2' w' c zww Q --) U > > W U' � � � � LLLL (n m � � � ZQ22' � OLL � d U) W V' m O (`') N r� O Cl) 00 of t` 00 O I- (O M lf) J,66 ,66 O) r- O V N � 00 c0 O 00 O N N (D V (D I` O # (D V LO V (O O 0 w O M M O (D M m 0D c0 co 00 O V (n (D M fD t O O 00 O a) V O M O °) I- O M W N c2 w w m w N I- 00 V w i- O) r 00 00 00 aD (M N V CD 00 W W y) O O O O O m 0 0 r 0 0 O O O o O O O O O O O O O O O O O O O O m (D CD (D (O to (D w (D (D 4 � O o O O V (n 6 cD (D O (6 M V7 m w O CO a7 O (D (D cD (D o 0 0 0 0 0 U o 0 O o 0 0 0 0 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 00 O r N M a to (O I-- 0D M O r N C) a N O r N M � (19 t0 1� 00 O) O r N V) m (N c0mr r r r r r N N N N N N N N N N M M M M M M M M M d N m U AGENDA REQUEST FORM CITY OF DANIA Date: January 11, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Bryan Road Investments LLC -#05-0835—80 SW 8 Avenue Summary Explanation & Background: This was originally cited on 05/24/05 for 1 violation and was given 120 days to comply. This was heard by the board on 08/01/05 for 1 violation. The compliance date was 12/28/05. The board issued a final order giving the defendant 120 days to comply or a fine of $100.00 per day would be levied. The fine was confirmed on 06/12/06. The property was brought into compliance on 02/27/06. The fine ran from 12/28/05 through 02/27/06, 61 days @$100.00 per day = $6,100.00. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 08/01/05, 02/06/06, 06/12/06 Code Board meetings, and the 10/09/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $2,500.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-0835 municipal corporation PLAINTIFF, FINAL ORDER vs. BRYAN ROAD INVESTMENTS LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 1, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Bryan Road Investments LLC, did allow the following code violation to exist at property Defendant owns located at 80 SW 8 Avenue, Dania Beach, Florida, which property is legally described as: HENRY PARK 24-27 B BLK 2 LESS N 253.61 OF BLK 2 TOGETHER WITH E1/2 OF PART OF VAC'D ROAD LYING W OF & ADJ TO SAID PROPERTY (# 0234 24 0080): 1. Chapter 2; Administration; Article IV. Code Enforcement Board; Sec. 2-72 Applicability. Failure to comply with all requirements and conditions of Site Plan FINAL ORDER #05-0835 PAGE 2 approval (SP-21-87). Project was approved for 33 units. There are more than 33 living units on the property. All additional units must be removed. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Bryan Road Investments LLC: (a) have been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 120 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Bryan Road Investment LLC, for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 120 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this 2Q day of aZZJdZ�4t , 2005. DANIA BEACH CODE ENFORCEMENT BOARD By. Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0835 PAGE 3 Notary Seal: Sworn and subscribed before me this —0 day of 2005. NOTARY PUBLW, S ATE OF FLORIDA Richard Bettor is personally known to me. g,►Av.v Gloria J Brandes My Commission DD187280 a w Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0835 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Bryan Road Investments LLC, this 30 day of 2005. CERTIFIED MAIL 7004 2510 0003 0646 1995 CODV ENFORrv&MEqT BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIM RYAN, ECIAL CITY ORNEY xc: John Bartley, 201 SE 2 Avenue, Dania Beach, FI 33004 Certified Mail 7004 2510 0003 0646 2008 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-0835 Florida municipal corporation, Petitioner, -vs- BRYAN ROAD INVESTMENTS LLC Respondent/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ("Board"), 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Gary Phaneuf on the 12th day of June 2006, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 30th day of August 2005, a Final Order in the above-captioned case was entered by the Board commanding the Respondent, Bryan Road Investments LLC, to bring the violation specified in said Final Order into compliance on or before the 28t" day of December 2005, or pay a fine in the amount of$100.00 per day for each day of non-compliance thereafter. 2. The violation found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: HENRY PARK 24-27 B BLK 2 LESS N 253.61 OF BLK 2 TOGETHER Order Imposing Fine Case#05-0835 WITH E 1/2 OF PART OF VAC'D ROAD LYING W OF &ADJ TO SAID PROPERTY (# 0234 24 0080) 3. Respondent, Bryan Road Investments LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of February 27, 2006, when the Respondent complied with said final order. 5. The fine accrued for a period of 61 days at $100.00 per day for a total fine of $6,100.00 plus recording expense. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this ;?041 day of 12006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this �201 day of ItiLL 2006 by Yj�'"'Vj , who is personally known to me. RESTREPa ',4rpr n NO"1 .Skit 01 FWW bow42008 #�� 0 •'gnoa`` By NotmV Notary Public, State of Florida Return to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#05-0835 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Bryan Road Investments LLC, this Q 0 day of OkAbi , 2006, via U. S. First Class mail and U. S. Certified Mail No. 7003 3 10 00 5 3534 5686 ACTING CODE ENFORCEMENT BOARD CLERK APPROVE S T FORM A CORRECTNESS TIMOTHY M. AN, SPECIAL CITY TTORNEY Also sent regular first class mail xc: John Bartley, 201 SE 2nd Avenue, Dania Beach, FL 33004 Certified Mail 7003 3110 0005 3534 5693 Moshe Levy, 80-90 SW 8th Avenue, Dania Beach, FL 33004 Certified Mail 7003 3110 0005 3535 3308 Ketum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 ?KJM IN tow FLORIDA May 24, 2005 BRYAN ROAD INVESTMENTS LLC Case Number: 05-00000835 18901 NE 29 AVE AVENTURA, FL 33180 Location: 80 SW 8 AVE Folio: 5042-34-24-0080 Legal Description: HENRY PARK 24-27 B BLK 2 LESS N 253. 61 OF BLK 2 TOGETHER WITH E1/2 OF PART OF VAC' D ROAD LYING W OF & ADJ TO SAID PROPERTY Dear BRYAN ROAD INVESTMENTS LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by June 23, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, WILLIAM S . JOHNSON CHIEF ZONING/CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 2510 0003 645 9572 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.Il.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00000835 PROPERTY ADDRESS 80 SW 8 AVE ------------------------------------------------------------ VIOLATION: CH. 2 ADMIN ART IV SEC2-72 QUANTITY: 1 DESCRIPTION: CH. 2 ADMIN ART IV SEC2-72 UNIT DATE: 5/24/05 LOCATION: ORDINANCE DESCRIPTION Violation of Chapter 2 ; Administration; Article IV. Code Enforcement Board; Sec. 2-72 . Applicability. Failure to comply with all requirements and conditions of Site Plan approval (SP-21-87) . Project was approved for 33 units. CORRECTIVE ACTION REQUIRED : All additional units must be removed. 13. Case # 05—0766 Edward Ramos 222 SE 3rd Place Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and stated that this property is no longer in violation of Ch.13 and asked for a finding of fact that the violation did exist. Chairman Bettor asked if there was anyone present representing Edward Ramos. Edward Ramos, 222 SE 3 Place, Dania, came forward and was sworn in. He stated that he had hired a lawn service company that did his lawn and shrubbery. Tim Mc Leod made a motion to find that the violations no longer exist and adopt the findings of fact on Case # 05-0766. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 14. Case# 05-0639 Nai Jen Wu 242 S Federal Highway Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and presented 1 photograph as evidence. He stated that as of today the property is still in violation of Ch.28, prohibited pole signs. Chairman Bettor asked if there was anyone present to represent Nai Jen Wu. Nai Jen Wu, 4991 SW 37 Ave, Hollywood, came forward and was sworn in. He identified the photograph presented as that of his property. He said he could take the sign down and asked if he needed a permit to do that. Mr. Wu asked if he can be given 60 days to comply. Inspector Dubisky said that if there was no electricity attached to the sign he did not need a permit. Tim Mc Leod made a motion to find that the violation exists as charged and that the respondent be given 60 days to comply and thereafter a fine $100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—no Terrell McCombs—yes Richard Bettor—yes 15. Case # 05-0835 Bryan Road Investments LLC 80 SW 8 Ave Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and stated that the project was approved for 33 units and the units over that must be removed. He said the defendants had an architect on board and asked that they be given 120 days to comply. Chairman Bettor asked if there was anyone present to represent Bryan Road Investments LLC. Moshe Levy, 2604 SW 55 Street, Dania Beach Code Board Summary Minutes 7 August 01,2005 Dania, came forward and was sworn in. Mr. Levy stated that he purchased the property on 7/8/05 and has submitted plans to the building department. He said he needed some time because he has 16 tenants that he has to relocate. Tim Mc Leod made a motion to find that the violations still exist and give the respondent 120 days to submit the plans to the building department and thereafter a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 16. Case# 05-1008 Stewart Kachel Rev Liv TR 4448 SW 51 Street Fort Lauderdale Code Inspector Eric Baker, having been previously sworn in, came forward and presented 3 photographs into evidence. He stated that as of today this property is still in violation of Ch.8, Art.II, roof, wall, and ceiling - all must be watertight, Ch.8, deteriorated facia board, Ch.15, occupational license, FBC104.1, replacing roof without a permit. Chairman Bettor asked if there was anyone present to represent Stewart Kachel Rev Liv TR. Arthur Kachael, son of Stewart Kachel, 4448, SW 51 ,Street. He identified the photographs presented as that of his property. He said he was doing everything he can to bring the property into compliance. He said he has submitted applications for permits for the roof and the occupational license. Mr. Kachel asked to be given 120 days to comply. Judy Jensen made a motion to move that the violations exist .as charged, move the violator be given 120 days to comply and thereafter a fine of$75.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 17. Motion to Confirm - Case # 04-1269 - MYSB LLC - 4680 SW 33 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation. The fence has not been repaired and there is still trash and debris on the property. Chairman Bettor asked if there was anyone present to represent MYSB LLC. Schlomo Beno, 4740 SW 31 st Court, Hollywood, and was sworn in. Mr. Beno said he did not know that he had violations because he never received any notices. Judy Jensen made a motion to extend the compliance date by 60 days to 09/30/05. Tim Mc Leod seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 8 August 01,2005 5. Case#05-0613 Adolfo E. Berrios & Zoja Fahmy, 43 SE 10 Terrace Request for Extension Inspector: William Dubisky} sworn in Violations: Ch 15 Section 15-1 FBC 104.1 Present for the Defendant: Zoha FahmyI sworn in Disposition: Property is still in violation. Inspector Dubisky recommended 60 day extension. Motion made by Jimmy Peterman, seconded by David Nuby, to give the defendant a 60 day extension from 2/6/06 to comply. Motion carried by unanimous vote. The motion was amended David Nuby seconded by Tim McLeod to give a 90 day extension from 1/18/06. Case # 05-835 Bryan Road Investments LLC 80 SW 8 Avenue Request for Extension Inspector: William Johnson Violations: Ch 2 Admin Article IV Sec 2-72 Unit Present for the Defendant: Moshe Levy) sworn in Disposition: Property is still in violation. A recommendation was made by William Johnson to deny the extension. Motion made by Jimmy Peterman, seconded by Judy Jensen to deny the extension. Motion carried by unanimous vote. Case # 04-1305 Lawrence De Brito 60% Robert De Brito ETAL 4055 SW 50 Street Inspector: William Dubisky Violations: Ch 8 Article II Section 8-21 (A) (2) (G), Ch 22, Section 22-14.20 IROM Ch 39 Article X Sec 39-132a& 39-133 Ch 39 Article XVI Sec 39-275 613 Stor Dania Beach Code Enforcement Board 2/06/06 2 a� f0 a mm 30 a a c o N 0 o c c vn o .N w U (7 o f > > m c c -00 E m o a o 0 a N o U O C N N N oaaaa @ - '- '- aaaaaa -0aa a =a) L a N N N N O a 0 O N N N N N N N N N E E E E °Dfi : E E E E E E E E E o 0 0 o U m a Q c c c c c c c c c O o 0 0 0 0 0 0 0 U U U U U U U U U U U U U O N o 0 dl u1 M y N 0 U N N N N U N U O N N E c c 0 —`0 3 3 3 3 3 3 3 3 3 c N N c F y p L N N N N C N N N N N N N N N N N d X L O X C C C C O X O O c C c C C C C C C 2 w Q H w U- U- i- U- o wl U- U-Q i ii ii ii E ELT U. a m U m f0 , C f9 a ° m _ U O 00 O y C CO � U ina > ' = >¢ i0aU) U) < N ¢ a ¢V r � co o w v a v m T 7 Or Cl) 'O Q It M N I N Nr t!7 Q M to CV M cd c ' `° z A w 0 0w ° wz vji can � � U) � can � �. 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Kachel Rev Liv Tr-#05-1008—4448 SW 51 Street Summary Explanation & Background: This was originally cited on 06/15/05 for 4 violations and was given 120 days to comply. This was heard by the board on 08/01/05 for 4 violations. The compliance date was 12/28/05. The board issued a final order giving the defendant 120 days to comply or a fine of$75.00 per day would be levied. The fine was confirmed on 0611 2/06. The property was brought into compliance on 03/24/06. The fine ran from 12/28/05 through 03/24/06, 86 days @ $75.00 per day = $6,450.00 plus recording fee totals $6,626.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 08/01/05, 03/06/06, 06/12/06, Code Board meeting, and the 12/04/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $2,750.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1008 municipal corporation PLAINTIFF, FINAL ORDER vs. STEWART C. KACHEL REV LIV TR DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 1, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Stewart C. Kachel Rev Liv Tr, did allow the following code violations to exist at property Defendant owns located at 4448 SW 51 Street, Dania Beach, Florida, which property is legally described as: BROWARD GARDENS 21-48 B LOT 8 BLK 4 (# 0136 02 0580): 1. Chapter 8, Article II, Property Standards; Section 8-21 (b)(4)(a. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Roof on building on the subject property is in disrepair. Failure to obtain roofing contractor and replace roof. FINAL ORDER #05-1008 PAGE 2 2. Chapter 8; Article II — Property Standards; Section 8-21 (a)(5)(a), (1); Minimum standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. There are deteriorated facia boards on the building on the subject property. Failure to repair or replace deteriorated facia boards. 3. Chapter 15, Section 15-1. Occupational License. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. 4. Florida Building Code 104.1; Permits required. Roof being replaced without a permit. Failure to obtain required permit and inspections for roof being installed. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Stewart C. Kachel Rev Liv Tr: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of $75.00 per day will begin running 120 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Stewart C. Kachel Rev Liv Tr, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $75.00 per day, to begin running 120 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1008 PAGE 3 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. RDERED at Dania Beach, Broward County, Florida, this 30 day of , 2005. DANIA BEACH CODE ENFORCEMENT BOARD By: VA/Z161 Richard Bett , person Notary Seal: Sworn and subs ribed before me this 30!day of 2005. NOT RY PUB I STATE OF FLORIDA Richard Bettor is personally known to me. a�,,o Gloria J E3rantles My Commission DDi 87260 VT, Expires May 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1008 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order w s mailed to the Defendant, Stewart C. Kachel Rev Liv Tr, this day of , 2005. CERTIFIED MAIL 7004 2510 0003 0646 2015 COD ENFORCEb4ENT BOARD CLERK APPROV S TO FOR AND CORRECTNESS TIM RYAN, PECIAL CITY A ORNEY Also sent fir class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-1008 Florida municipal corporation, Petitioner, -vs- STEWART C. KACHEL REV LIV TR Respondent/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ("Board"), 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Eric Baker on the 12th day of June 2006, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 30th day of August 2005, a Final Order in the above-captioned case was entered by the Board commanding the Respondent, Stewart C. Kachel Rev Liv Tr, to bring the violations specified in said Final Order into compliance on or before the 28th day of December 2005, or pay a fine in the amount of $75.00 per day for each day of non-compliance thereafter. 2. The violations found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: BROWARD GARDENS 21-48 B LOT 8 BLK 4 (# 0136 02 0580) Order Imposing Fine Case 405-1008 3. Respondent, Stewart C. Kachel Rev Liv Tr, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of March 24, 2006, when the Respondent complied with said final order. 5. The fine accrued for a period of 86 days at $75.00 per day for a total fine of $6,450.00. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this day of , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: q/z Richard Bettor, Chairperson SWORN TO andSUBSCRIBED BEFORE me this y�day of , 2006 by OC, AXII 'L, , who is personally iown to me. Not dry Public, State of Florida PEasoN blic.State of 11 dda go 2CAB #DD 318233 1NotatY�n- Retum to: Patricia Varney,Finance Director2 tlOfX1 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#05-1008 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Stewart C. Kachel Rev Liv Tr, this 5 day of _ 0 zjq , 2006, via U. S. First Class mail and U. S. Certified Mail 47003 7003 3110 0005 3535 3384 ACTING CODE ENFORCEMENT BOARD CLERK APPR 1AST FORM A CORRECTNESS TIMOTHY M. R AN, SPECIAL Cl ATTORNEY Also sent regular first class mail Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 uzca_ eiMv ET,y'.f rn s ' zx h t FLORIDA June 15, 2005 STEWART C KACHEL REV LIV TR Case Number: 05-00001008 314 MARKHAM 0 DEERFIELD BEACH, FL 33442 Location: 4448 SW 51 ST Folio: 5041-36-02-0580 Legal Description: BROWARD GARDENS 21-48 B LOT 8 BLK 4 Dear STEWART C KACHEL REV LIV TR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by June 25, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, ERIC BA R et/4f— CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 9205 by SHARIANN PEARSON Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us v l v uty i t vlV Lr;l'A 1 L PAGE 1 CAST =NUMBER 05-00001008 PROPERTY ADDRESS 4448 SW 51 ST --- ----------------------- VIOLATION: CH. 8,ART. II SEC. 8-21B4A QUANTITY: - „ 1 DESCRIPTION: CH- 8,ART. II, SEC. 8-21 (B) (4)A DATE: 6/15/05 LOCATION: NARRATIVE Obtain roofing contractor and replace roof and put into a good state of repair and make watertight . ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II, Property Standards; Section 8-21 (b) (4) a. General Requirements for all dwellings, dwelling units, hotels, hotel Units, rooming houses, and rooming units. Foundations, floors, walls, ceilings, roofs, windows and doors and all other building parts shall be structurally sound, weather-proof, watertight and rodentproof, and shall be kept in a good state of repair. Roof surfaces shall be watertight . ----------------------- VIOLATION: CH8 ART II SEC8-21 A5A, 1 QUANTITY: 1 DESCRIPTION: CH8 ART II SEC 8-21 A5A, 1 SKRT DATE: 6/15/05 LOCATION: NARRATIVE : Deteriorated facia boards on the house must be repaired or replaced and maintained. ORDINANCE DESCRIPTION : Violation of Chapter 8 ; Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) ; Minimum standards for dwellings, hotels, and rooming houses . Maintenance and appearance standards. The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration, ripping, tearing , or other holes or breaks. ---------------------------- -------- VIOLATION: CH. 15, SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1, OCCUPATIONAL DATE: 6/15/05 LOCATION: NARRATIVE Occupational license must be obtained or renewed as applicable . ORDINANCE DESCRIPTION Violaton of Chapter 15, Section 15-1, Occupational License. Operating any business within the city limits without an occupational license, or an expired license, is prohibited. ----- ------------- VIOLATION: FBC 104 . 1 REPL. ROOF QUANTITY: 1 DESCRIPTION: FBC 104 . 1 REPL. ROOF W/O PERMI DATE: 6/15/05 LOCATION: NARRATIVE CONTINUED v1v 11v1V 1)1: 1T.AiL PAGE 2 CASF -NUMBER 05-00001008 PROPERTY ADDRESS 4448 SW 51 ST NARRATIVE Obtain required permit (s) and inspection(s) . CORRECTIVE ACTION REQUIRED : Violation of Chapter 104 . 1 of the Florida Building Code, permits required. Roof being replaced without permits . Dania, came forward and was sworn in. Mr. Levy stated that he purchased the property on 7/8/05 and has submitted plans to the building department. He said he needed some time because he has 16 tenants that he has to relocate. Tim Mc Leod made a motion to find that the violations still exist and give the respondent 120 days to submit the plans to the building department and thereafter a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 16. Case # 05-1008 Stewart Kachel Rev Liv TR 4448 SW 51 Street Fort Lauderdale Code Inspector Eric Baker, having been previously sworn in, came forward and presented 3 photographs into evidence. He stated that as of today this property is still in violation of Ch.8, Art.II, roof, wall, and ceiling - all must be watertight, Ch.8, deteriorated facia board, Ch.15, occupational license, FBC104.1, replacing roof without a permit. Chairman Bettor asked if there was anyone present to represent Stewart Kachel Rev Liv TR. Arthur Kachael, son of Stewart Kachel, 4448, SW 51 Street. He identified the photographs presented as that of his property. He said he was doing everything he can to bring the property into compliance. He said he has submitted applications for permits for the roof and the occupational license. Mr. Kachel asked to be given 120 days to comply. Judy Jensen made a motion to move that the violations exist as charged, move the violator be given 120 days to comply and thereafter a fine of$75.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 17. Motion to Confirm - Case #04-1269 - MYSB LLC - 4680 SW 33 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation. The fence has not been repaired and there is still trash and debris on the property. Chairman Bettor asked if there was anyone present to represent MYSB LLC. Schlomo Beno, 4740 SW 3 1" Court, Hollywood, and was sworn in. Mr. Beno said he did not know that he had violations because he never received any notices. Judy Jensen made a motion to extend the compliance date by 60 days to 09/30/05. Tim Mc Leod seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 8 August 01,2005 5. Case#05-0942 John Baleanu, 4031 SW 54.Court - Motion to Confirm Fine Case# 05-1405 Michael A. Calamatto & Catherine Rose Wygladdalski 4931 SW 40 Avenue—Motion to Confirm Fine Case # 05-0213 Roberta H Hansell, 23 SW 3 Street—Motion to Confirm Fine Case CEB01-0094 Nelson McCutcheon, 401 NW 3 Place, Authorization to Foreclose Case # 05-1008 Stewart C Rachel Rev liv Tr., 4448 SW 51 Street, Motion to Confirm Fine Case # 04-1545 Donell& Michell Peterman, 608 W Dania Beach Blvd, Authorization to Foreclose A motion was made by Tim Mcleod second by Jimmy Peterman to continue Eric Baker's cases until the next Code Board meeting. Motion carried a unanimous vote. 6. Case# 03-5807 Christine Taylor Est. 31 NW 14 Court Authorization to Foreclose Inspector: William Dubisky Violations: Ch 8 Art II Sec 8-21 4f Ch 14 Sec 14-2 Ch 15 Sec 15-1 FBC 104.1 Present for the Defendant: Phyllis Taylor} sworn in Disposition: Property is still in violation. Inspector William Dubisky requested abatement but agreed for the case to be heard as an abatement. Motion made by Jimmy Peterman, seconded by Tim McLeod to abate the fine to $2000. Motion carried by majority vote. 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This was heard by the board on 10/03/05 for 2 violations. The compliance date was 11/13/05. The board issued a final order giving the defendant 30 days to comply or a fine of$150.00 per day would be levied. The fine was confirmed on 02/06/06. The property was brought into compliance on 10/09/06. The fine ran from 11/13/05 through 10/09/06, 330 days @ $150.00 per day = $49,500.00 plus recording fee totals $49,676.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 10/03/05, 02/06/06, Code Board meetings, and the 10/09/06, 11/13/06 Special Magistrate meetings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-1142 municipal corporation PLAINTIFF, FINAL ORDER vs. HECTOR J. & HENRIETTA RODRIGUEZ DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 3, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. Defendants, Hector J. & Henrietta Rodriguez, did allow the following code violations to exist at property Defendants own located at 3970 SW 51 Street, Dania Beach, Florida, which property is legally described as: REED LAND CO SUB 2-32 D 31- 50-42 PT TRS 10 & 11 DESC AS COMM SW COR OF TR 11, NLY 741.891 ELY 170.74 TO POB, CONT ELY 53, NLY 108.16, WLY 53, SLY 108.42 TO POB BLK 2 (#0231 01 0264): 1. Chapter 8; Sec. 8-21 (5) a 3; Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. There are holes/breaks in FINAL ORDER #05-1142 PAGE 2 the parking area asphalt which includes the swale area. Failure to pave, repair or replace parking area asphalt. 2. Chapter 15, Section 15-1; Occupational License. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Hector J. & Henrietta Rodriguez: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendants, Hector J. & Henrietta Rodriguez, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendants. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /4 day of ��-d�K2W , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 e 1 FINAL ORDER #05-1142 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: 1"2 ex Richard Betto , airperson Notary Seal: Sworn and subscribed before me this _ day of dQCJ121 j,t. 2005. NOITARY PUBM STATE OF FLORIDA Richard Bettor is personally known to me. ,isr Pt4L Gloria J Brandee My Commission DD187NO I'Md; Exp1fes May 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1142 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Hector J. & Henrietta Rodriguez, this _ day of 00'A942 , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8285 CODO ENFORC E&fENT-BOARD CLERK APPROVED A TO FORM AND CORRECTNESS TIM RYAN, SP IAL CITY ATTO NEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1142 Municipal corporation PETITIONER, FINAL ORDER vs. HECTOR J. & HENRIETTA RODRIGUEZ RESPONDENTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Eric Baker, on the City's Motion to Confirm Fine held on the 6th of February 2006 and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 14th day of October 2005, a Final Order in the above captioned case commanding the Respondents, Hector J. & Henrietta Rodriguez, to bring the violations specified in said Final Order into compliance on or before the 13th day of November 2005, or pay a fine in the amount of$150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1142 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: REED LAND CO SUB 2-32 D 31-50-42 PT TRS 10 &11 DESC AS COMM SW COR OF TR 11, NLY 741.89, ELY 170.74 TO POB, CONT ELY 53, NLY 108.16, WLY 53, SLY 108.42 TO POB BLK 2 (# 0231 01 0264). 3. That the Respondents, Hector J. & Henrietta Rodriguez, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondents, Hector J. & Henrietta Rodriguez, shall comply with said Final Order. Upon complying, the Respondents shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Respondents have complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondents. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman Sworn to and subscribed before me this -2 day of - , 2006, By Richard Bettor, who is personally known to me. NOTARY PUBLV StWTE OF FLORIDA Return to: Patricia Varney 2 Gloria J Brandes Finance Director ^y r-ornm;ssion DD187280 City of Dania Beach �� ` Expires May�o,200� 100 West Dania Beach Blvd. O1P Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #05-1142 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondents, Hector J. & Henrietta Rodriguez, this e>2 day of a , 2006. CERTIFIED MAIL# 7002 0860 0000 5818 5330 -LIJ,l CODE r-MFORCE NT OARD CLERK APPROVED AS TO FORM AND CORRECTNESS / I TIMOTHY M. RYAN, S ECIAL CITY ATTORNEY Also sent regular mail xc: Hector J. & Henrietta Rodriguez, 1251 SW 134 Way, Unit 113, Pembroke Pines, FL 33027 Certified Mail # 7002 0860 0000 5818 9840 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, A 33004 s � i FLORIDA ..:. .r t July 18, 2005 HECTOR J & HENRIETTA RODRIGUEZ Case Number: 05-00001142 3970 SW 51ST ST FT. LAUDERDALE, FL 33312-6246 Location: 3970 SW 51 ST Folio: 5042-31-01-0264 Legal Description: REED LAND CO SUB 2-32 D 31-50-42 PT TRS 10 & 11 DESC AS .COMM SW COR OF TR 11,NLY 741. 89,ELY 170.74 TO POB,CONT ELY 53,NLY 108 .16, WLY 53, SLY 108. 42 TO POB BLK 2 Dear HECTOR J & HENRIETTA RODRIGUEZ: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by July 28, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Since ely, ERIC BAKE CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 1350 0005 2993 7386 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us VIOLATION DETAIL PAGE 1 CASE; NUMBER 05-00001142 PROPERTY ADDRESS 3970 SW 51 ST -- -- ---------------------------------------------------------- VIOLATION: CH 8, SEC 8-21 (5) A 3 QUANTITY: 1 DESCRIPTION: CH 8 , SEC 8-21 (5) A 3 DATE: 7/18/05 LOCATION: NARRATIVE All paved areas and/or parking area including the swale must be paved, repaired or replaced and mantained. (Permit required for new work or repaving. ) ORDINANCE DESCRIPTION : Violation of Chapter 8; Sec. 8-21 (5) a 3 ; Minimum Standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. All off street parking spaces shall be paved with asphalt or constructed of concrete and shall be of smooth surface and in good repair. -------------------------------------------------------------- VIOLATION: CH. 15, SEC. 15-1 LICENSES QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1 LICENSES DATE: 7/18/05 LOCATION: NARRATIVE City of Dania Occupational License must be obtained for any/all leased, rental, income, and/or multi-living properties . ORDINANCE DESCRIPTION Violation of Chapter 15, Licenses, Section 15-1, Required to engage in business; Registration required. It shall be unlawful for any person to engage in or manage any business in the city without having a License from the City of Dania Beach. Dubisky, move that the violations exists as charged, move that the violator be given 30 days or a fine of $100.00 per day shall be levied. Tim McLeod seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 23. Case #05-1092 Joseph E & Barbara Portnoy 417 SE 5 Street Dania Beach, FL William Dubisky, having been previously sworn in, came forward and stated that the property is not in violation, but we are asking for a finding of fact that the violations did exist. Terrell McCombs motioned to find that the property is in compliance as per William Dubisky. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes. 24. Case#05-1059 Bryan Road Dev Group LLC 150 Bryan Road Dania Beach, FL William Dubisky, having been previously sworn in, came forward and asked for a continuance until the next meeting. Tim McLeod made a motion to continue the case until the next meeting. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 25. Case 405-1142 Hector.J & Henrietta Rodriguez 3970 SW 51 Street Fort Lauderdale, FL William Dubisky, having been previously sworn in, came forward and stated that the property is still in violation of Ch. 8, there are still breaks and holes in the pavement; and Ch. 15, no occupational license has been obtained. Mr. Dubisky submitted three photos. Jimmy Peterman made a motion to adopt the findings, of fact by Wil Dubisky, move that the violator be given 30 days or a $150.00 per day fine shall be levied. Tim McLeod seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 12 October 3,2005 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Tim McLeod to confirm the fine on the case. Motion carried by unanimous vote. Case # 05-1142 Hector J & Henrietta Rodriguez, 3970 SW 51 Street Motion to confirm fine Inspector: Eric Baker Violations: Ch 8 Sec 8-21 (5) A 3 Ch 15 Sec 15-1 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Jimmy Peterman to confirm the fine. Motion carried by unanimous vote. Case# 05-771 The Oaks Group Inc., 4151 Stirling Road Motion to confirm fine Inspector: William Dubisky Violations: CH 39 ART X SEC 39-132 & 39-133 CH 13 SEC 13-33 Disposition: Inspector William Dubisky requested a continuance until the next Code Board Meeting. Motion made by Tim McLeod, seconded by David Nuby to continue the case. Motion carried by unanimous vote. Case# 05-0488 Victoria L. 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't co N a0 LO M w m o M � 'IT co 'f It m N r r -'T r M (D r 1- r co LO LO f, O co C N N a0 "t CO r q- N r r c- r N r r r 10• O N LO r N r r N N r 0 r r r M LO y r r CDr O r O r r r r r r r r r r o r O r r r r r r r O r O O O m tt d (O l(7 O (D (O O O O (D O O O (D O LO O O O lO O O (D O (D (D (D O O (D (D O U O O O 000 0 0 0 0 0 0 o O O 0 0 0 0 0 O O O O O O O O O 0000 a) V O le O r N M ItLA (O I- W O) C, r N M V W) (D h a0 O) O r N V)r N Cl) lO CD I� a0 Cn r r r r r r r r r r N N N N N N N N N N C) Cl) M Cl) O y m U AGENDA REQUEST FORM CITY OF DANIA Date: January 11, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Garth Simpson -#05-1420—722 SW 3 Place Summary Explanation & Background: This was originally cited on 09/12/05 for 1 violation and was given 30 days to comply. This was heard by the board on 01/04/06 for 1 violation. The compliance date was 02/26/06. The board issued a final order giving the defendant 30 days to comply or a fine of$175.00 per day would be levied. The fine was confirmed on 0611 2/06. The property was brought into compliance on 09/11/06. The fine ran from 02/26/06 through 09/11/06, 197 days @ $175.00 per day = $34,475.00 plus recording fee totals $34,651.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 01/04/06, 6/12/06, and 12/04/06 Code Board meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$6,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1420 municipal corporation PETITIONER, FINAL ORDER vs. GARTH SIMPSON RESPONDENT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 4, 2006, after notice. Based upon the evidence presented, the Board makes the following findings of fact and conclusions of law: a. The board has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, Garth Simpson, did allow the following code violation to exist at property Respondent owns located at 722 SW 3 Place, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 25 BLK 11 (# 1203 36 0700): 1. Chapter 13, Health & Sanitation, Article II, Section 13-34, Prohibitions, (a)(b)(c). There is miscellaneous trash and debris and overgrown grass and/or weeds on the FINAL ORDER #05-1420 PAGE 2 subject property. Failure to remove all miscellaneous trash and debris and to cut overgrown grass and/or weeds on the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondent, Garth Simpson: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $ 175.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Respondent, Garth Simpson, for the foregoing violation listed in paragraph b.(1), a fine of $175.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. O DERED at Dania Beach, Broward County, Florida, this c2 7 day of , 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1420 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Be or, Chairperson Notary Seal: Sworn and subsc ' ed before me this day of 2006. NOTARY PUBLI TA E OF FLORIDA Richard Bettor is personally known to me. how Gloria J Brandes My Commission DD187260 V / Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1420 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Garth Simpson, this o2 7 day of , 2006. CERTIFIED MAIL 7002 2030 0003 1209 9473 CODq ENFORCOAENT BOARD CLERK APPROVED AS TO FOR AND CORRECTNESS TIM RYAN, S ECIAL Cl ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1420 Municipal corporation PLAINTIFF, FINAL ORDER VS. DEFENDANT GARTH SIMPSON SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Theodore Perez, on the City's Motion to Confirm Fine held on the 12th day of June 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27th day of January 2006, a Final Order in the above captioned case commanding the defendant, Garth Simpson, to bring the violation specified in said Final Order into compliance on or before the 26th day of February 2006, or pay a fine in the amount of $175.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1420 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COLLEGE TRACT 2 ND ADD 19-19 B LOT 25 BLK 11 (# 1203 36 0700). 3. That the Defendant, Garth Simpson, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby.confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Garth Simpson, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of _ , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: ZA';/,�� Richard Bettor, Chairman Sworn to and subscribed before me this S day of , 2006, By Richard Bettor, who is personally known to me. -/W A4&60-4-j N RY PUBLIC STATE OF FLORIDA ,. SHARIANN PEARSON Notary Public-State of Florida _NNCamnslM00%Nla�111.2008 ?, 'e:= Commmion#DD 318233 Return to: Patricia Varney 2 '� ,a!,„ '' gondedByNationalNotaryAnn. Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #05-1420 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Garth Simpson, this S day of 2006. CERTIFIED MAIL# 7003 1680 0002 5106 4991 ACTING CODE ENFORCEMENT BOARD CLERK APPROV S TO FORM AND CORRECTNESS TIMOTHY . RYAN, SPECI L CITY ATTORNEY Also sent regular mail xc: Garth Simpson, c/o 3GS and Associates, LLC, 602 E. 24th Street, Patterson, NJ 07514 Certified Mail 7003 1680 0002 5106 5004 Garth Simpson, 4148 Inverrary Drive, Unit #411, Lauderhill, FL 33319 Certified Mail 7003 1680 0002 5106 5011 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 f TC�R FLORIDA September 12, 2005 GARTH SIMPSON Case Number: 05-00001420 9748 CEDAR VILLAS DR FT LAUDERDALE, FL 33324 Location: 722 SW 3 PL Folio: 5142-03-36-0700 Legal Description: COLLEGE TRACT 2ND ADD 19-19 B LOT 25 BLK 11 Dear GARTH SIMPSON: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by September 17, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. S ' ncer y, r WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 1208 8262 by SHARIANN PEARSON Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00001420 PROPERTY ADDRESS 722 SW 3 PL I -------------------------------------------------------------- VIOLATION: CH. 13 ,ART. II, SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II, SEC. 13-34 A ,B,C DATE: 9/12/05 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut, including the abutting rights-of-way and property maintained. ORDINANCE DESCRIPTION Violation of Chapter 13, Health & Sanitation, Article II , Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . defendant 90 days to bring the property into compliance or a fine of $250 a day shall be levied on the property. Motion carried by unanimous vote. Case# 05-1341 Metis, Charles & Mertus, Pierre & Charles, Evelyne, 224 SW 13 Street Inspector: William Dubisky Violations: CH 8 ART II SEC 8-21 A5A 1 CH 8 ART II SEC 8-21(4) (f) CH 13 ART II SEC 13-34 (A) (B) (C) CH 22 ART I SEC 22-1 4 Photographs were entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Inspector Dubisky recommended 90 days to bring the property into compliance. Motion made by Judy Jensen, seconded by Jimmy Peterman to move the violations do exist and grant the defendant 90 days to bring the property into compliance if not a fine of$175 a day shall be levied. Motion carried by unanimous vote. Case#05-1420 Garth Simpson, 722 SW 3 PL Inspector: William Dubisky Violations: CH 13 ART II SEC 13-34 A, B, C 2 Photographs entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Inspector Dubisky recommended 30 days to bring the property into compliance. Motion made by Judy Jensen, seconded by Terrell McCombs to move the violations do exist as charged and grant the defendant 30 days to bring the property into compliance if not a fine of $175 a day shall be levied. Motion carried by unanimous vote. Dania Beach Code Board Summary Minutesl/04/06 7 �6%S S 3 Monday City of Dania Beach June 12, 2006 100 W Dania Beach Blvd 6:30pm Dania Beach, FL 33004 MINUTES CODE ENFORCEMENT BOARD 1. Those Present: Others Present: Richard Bettor(Chairman) Nicholas Lupo, Code Enforcement Manager Judy Jensen Ana Restrepo, Acting Clerk David Nuby Theodore Perez, Code Inspector Tim McLeod Gary Phaneuf, Code Inspector Tim Ryan, Board Attorney Eric Baker, Code Inspector 2. Chairman Bettor called to order the June 12, 2006 Code Board meeting at 6:38pm. 3. A motion was made by Tim McLeod to approve the February and March 2006 minutes and it was seconded by David Nuby. The motion was carried by unanimous vote. 4. No complied cases were presented for the board's review. 5. Cases were called in the order listed on the attached sheet. 6. There being no further business, the meeting was adjourned. 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N M V U(7 (D (-- 00 O O N M tt Un O W m N d y m U Monday City of Dania Beach December 4, 2006 100 W Dania Beach Blvd 6:38pm Dania Beach, FL 33004 MINUTES SPECIAL MAGISTRATE 1. Those Present: Mark E. Berman, Special Magistrate Tim Ryan, Special Magistrate City Attorney Nicholas Lupo, Code Enforcement Manager Ana Restrepo, Acting Clerk Helen Ceaser, Assistant to the Clerk Gary Phaneuf, Code Inspector Warren Ostrofsky, Code Inspector Mike Moreno, Code Inspector Eric Walton, Code Inspector 2. Special Magistrate Mark Berman called to order the December 4, 2006 Special Magistrate meeting at 6:38 pm. All those witnesses who would testify were sworn in. 3. Cases were called in order as listed on the attached sheet. 4. There being no further business, the meeting was adjourned. Mark E. Berman, Esq. 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This was heard by the board on 01/04/06 for 1 violation. The compliance date was 02/26/06. The board issued a final order giving the defendant 30 days to comply or a fine of$150.00 per day would be levied. The fine was confirmed on 06/1 2/06. The property was brought into compliance on 09/15/06. The fine ran from 02/26/06 through 09/15/06, 201 days @ $150.00 per day = $30,150.00 plus recording fee totals $30,326.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 01/04/06 Code Board meeting, and the 11/13/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $10,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1425 municipal corporation PETITIONER, FINAL ORDER vs. G C PROPERTIES LLC RESPONDENT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 4, 2006, after notice. Based upon the evidence presented, the Board makes the following findings of fact and conclusions of law: a. The board has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, G C Properties LLC, did allow the following code violation to exist at property Respondent owns located at 2402 SW 54 Street, Dania Beach, Florida, which property is legally described as: LA BEAU ACRES 2 UNIT AMD 86-30 B LOT 31 B (# 0232 23 0210): 1. Florida Building Code 104.1, Permits required. Defendant did construct, or allowed to be constructed, an addition/accessory structure and a fence without permits. FINAL ORDER #05-1425 PAGE 2 Failure to obtain permits for the construction of an addition/accessory structure and a fence or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondent, G C Properties LLC: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $150.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Respondent, G C Properties LLC, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code .officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of 12006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1425 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard r, Chairperson Notary Seal: Sworn and subscribed before me this P-7 day of 2006. NOT RY PUBLIg STATE OF FLORIDA Richard Bettor is personally known to me. or a J arandes Commisswn DD187250 dy Y F Expres MaY 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1425 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, G C Properties LLC, this c�7 day of , 2006. CERTIFIED MAIL 7002 2030 0003 1209 9497 COD Et r ENFO RCEMENf BOARD CLERK APPROVED A TO FORINA AND CORRECTNESS r TIM RYAN, S ECIAL Cl ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1425 Municipal corporation PLAINTIFF, FINAL ORDER vs. DEFENDANT GC PROPERTIES LLC SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Gary Phaneuf, on the City's Motion to Confirm Fine held on the 12th day of June 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27th day of January 2006, a Final Order in the above captioned case commanding the defendant, GC Properties LLC, to bring the violation specified in said Final Order into compliance on or before the 26th day of February 2006, or pay a fine in the amount of $150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1425 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LA BEAU ACRES 2 UNIT AMD 86-30 B LOT 31 B (# 0232 23 0210). 3. That the Defendant, GC Properties LLC, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, GC Properties LLC, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this 1 Day of , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman Sworn to and subscribed before me this day of , 2006, By Richard Bettor, who is personally known to me. N ARY PUBLIC STATE OF FLORIDA .ti,�;�P�,,,• SHARIANN PEARSON ��;•,Notary Public.State of Flodda •• l*C*m*lon5o%moy11 2008 Return to: Patricia Varney 2 �, �.�:= commisslon#DD 318233 Finance Director Bonded By NotionalNota►yAssn City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #05-1425 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, GC Properties LLC, this day of 2006. CERT IED MAIL# 7003 3110 0005 3534 5709 ACT AG CODE ENFORCEMENT BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIMOTHY MI RYAN, SPTchIAL CITY ATTORNEY Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 e �0 FLORIDA September 12, 2005 G C PROPERTIES LLC Case Number: 05-00001425 804 SE 19 ST FT. LAUDERDALE, FL 333163517 Location: 2402 SW 54 ST Folio: 5042-32-23-0210 Legal Description: LA BEAU ACRES 2 UNIT AMD 86-30 LOT 31B Dear G C PROPERTIES LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by September 22, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation(s) , please do not hesitate to contact me. S 'ncer , 0 W. 6 WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2169 8865 by SHARIANN PEARSON Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00001425 PROPERTY ADDRESS 2402 SW 54 ST -----7-------------------------------------------------------- . VIOLATION: FBC 104 . 1, PERMITS, FENCE QUANTITY: 1 DESCRIPTION: FBC 104 . 1, PERMITS,ADDITION DATE: 9/12/05 LOCATION: NARRATIVE Obtain required permit (s) and inspection(s) or remove all work. ORDINANCE DESCRIPTION Violation of Chapter 104 . 1 of the Florida Building Code, Permits Required. Addition/accessory structure and fence built without permits. Case # 05-1422 Bonny & Nesly Urzule, 713 SW 3 PL Inspector: William Dubisky Violations: CH 8 ART II SEC 8-21 A, 2, G CH 13 ART II SEC 13-34 A, B, C 2 Photographs entered into evidence Present for the Defendant: No representative Disposition Property is still in violation. Inspector Dubisky recommended 30 days to bring the property into compliance. Motion made by Terrell McCombs, seconded by Tim McLeod to move the violations do exist as charged and grant the defendant 30 days to bring the property into compliance if not a fine of $150 a day shall be levied. Motion carried by unanimous vote. Case # 05-1424 Kay Lynn Dodrer, 425 SE 7 Street Inspector: William Dubisky Violations: FBC 104.1 Present for the Defendant: No representative Disposition: Inspector Dubisky requested a continuance on the case. Motion made by Tim McLeod seconded by Terrell McCombs to continue the case until the February Code Board Meeting. Motion carried by unanimous vote. Case# 05-1425 GC PROPERTIES LLC, 2402 SW 54 Street Inspector: William Dubisky Violations: FBC 104.1, PERMITS Present for the Defendant: No representative 1 Photograph entered into evidence Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Terrell Dania Beach Code Board Summary Minutest/04/06 8 McCombs to adopt the findings of fact, move the violations do exist and grant the defendant 30 days to bring the property into compliance or a fine of $150 a day shall be levied on the property. Motion carried by unanimous vote. Case# 05-1419 Joseph A MVlancusi & Michael MMancusi, 142 SW 1 Ave Request for extension of time Inspector: William Dubisky Violations: CH 8 ART II SEC 8-21 CH 13 ART II SEC 13-34 A, B, C CH 22 ART I SEC 22-1 Disposition: Inspector William Dubisky requested the case be dismissed by the Board. Motion made by Tim McLeod, seconded by Jimmy Peterman to dismiss the case. Motion carried by majority vote. There being no further business, the meeting was adjourned. 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F- It Q O O O Q c c Q Q ct e N co O O O r Lf) p >r tf>) a>t >� c� LO n LO N c N 11J LL1 LL r r co r m J J >> J Nr N � J > > > > O N LL a)a) 00 cocn > U) ?>> w � ww c c cz cwnc�i� (D `) = zwU) Cl) � U) w zzz `" .6 > r z CO O ',t O m o m d m 0 r r O m 0 r r r CD m rn a ^O N CD (n fn LO r �• z N r r U > U > U > N O r 00 U O N m v (D r- O V' M (D O Q Q O N 't r- O CD O N N (D CY) (D m m m m m m N O r o 0 M Cl) O (O (D N O O r Cl) cl) V 7 r r O N M -,t 00 � � N LO LO > > r r Ce) N M > r r N fit V- '7 r- N (D r r c_ N is M m C � a) E u ca d cu c C w a co m IR Ln `o 3 3 c c a) O m N Q 0 O O O (Dm >, O to m m m m a>i w = _ = U) E a o a��i n U -j CU O O UO J O C 7 C c6 C C C M U .T) 0) c -O _ U m J c J a) a) co N w v (n L) co 'c c Q E E E m J CD c m e vo c c 0)) aai ate) Y 'E > > 2 m m M o 0 0 o Z E cd cD Y o aa) Q Q , a n U o T d co CL' 06 c n 0 a) J � m a 0 o m a) cn g a) a) a) a) o c -; o Q cp 0S -1 o a O J Y U) c O O O J m >,-C c6 Q Q m C T m LL a a O D_ a) C_ N L D c ' a) c > > > c U U > U D_ CD O m N ;a -C L cc0 OAS a2S a U o o O m 0 � a) a) p m m m ca — a) L O c ca O T L N U z Q c� � in T- Yc� mom - cn (n cn _ mm - = ~ U) 0Q � � � E— mo m N to LO CM r- LO 'IT O r- Lf) Lf) O LO to (D (D (D m N N O In (O O O O m Lo O r Ce) v co N 00 LO Cl) 00 m 0 00 fl- v Cl) v O N h r st CO (D r ti r Cl) LD LC) h O M y N N 00 d' Cl) r t N r r r r N r r r O N LO r N r r N N r CD r r M 0 Vj r r O r O r O i r r r r r r r O r O r r r r r CDr C) O r O m 4 CD Lo (4 (6 CD (O (6 (fl (6 CO (O (6 CD (6 Ln O O O In (D O CD CD O CD 6 CO 6 O O (O U O O O 0 0 0 O O O O O O O O O O O 0001 O O O O O O O O O C),010 0 L Q) E O O r NM 11 Lf) CO I,- co 0) O r N M It cA CO 1- co a) O r N cl) e- N Cl) !f LO CO r- lb O) r r r r r r r r r r N N N N N N N N N N M c'M M M a) N m U AGENDA REQUEST FORM CITY OF DANIA Date: January 11, 2007 Agenda Item#: is 7 Title: Request for Abatement Requested Action: Consideration for the Abatement Request for Nelson McCutcheon -#01-0094—401 NW 3`d Place Summary Explanation & Background: This was originally cited on 03/01/01 for 4 violations and was given 20 days to comply. This was heard by the board on 06/04/01 for 3 violations. The compliance date on the bottom screen enclosure was 07/12101, and the compliance date on the top of the screen enclosure was 08/21/01. The board issued a two part final order giving the defendant 20 days to comply for the bottom screen or a fine of $20.00 per day would be levied; and 60 days to comply for the top screen or a fine of $40.00 per day would be levied. The fine was confirmed on 10/04/04. The property was brought into compliance on the first part of the order on 10/30/05 and the second part of the order on 06/01/06. The fines ran on the first part of the order from 07/12/01 through 10/30/05, 1,571 days @ $20.00 per day = $31,420.00 plus recording fee of$100.00 for a total of $31,520.00. The fines on the second part of the order ran from 08/21/01 through 06/01/06, 1,745 days @ 40.00 per day= $69,800.00. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 06/04/01, 10/04/04, 03106/06, 06/12/06, Code Board meetings and on 08/14/06, 09/11/06 by the Special Magistrate. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $10,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk tl" CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0094 municipal corporation PLAINTIFF, FINAL ORDER vs. NELSON MCCUTCHEON DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on June 4, 2001, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the defendant and the subject matter of this action; and b. Defendant, Nelson McCutcheon, did allow the following code violations to exist at property defendant owns located at 401 N. W. 3 Place , Dania Beach, Florida, which property is legally described as: HANSEN & NELSON SUB 3-76 D LOT 26 W 20, LOT 27, 28 29 BLK B (# 0234 06 0410): I FINAL ORDER CEB01-0094 PAGE 2 1. Chapter 8, Building, Article 1, Section 8.7. Enclosure of swimming pool. Failure to enclose pool with either a fence, a screen or a wall. Failure to repair or replace screen door. 2. Chapter 8, Buildings, Article II, Property Standards, Sec. 8-21(a)(5)a.1., Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to properly fit screened enclosure with screens and maintain. 3. Chapter 8, Article II, Property Standards, Sec. 8-21(4)(f). General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to replace or remove fence which is in disrepair and falling down. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Nelson McCutcheon: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of $20.00 per day will begin running 20 days from the date this order is signed by the Chairperson of the Board if defendant, Nelson McCutcheon, does not repair or replace the screened door and repair the screening in the bottom of the screen enclosure surrounding the pool and a fine of $40 per day will begin running 60 days from the date this order is signed by the Chairperson of the Board if defendant, Nelson McCutcheon, does not repair the screening in the top of the screen enclosure surrounding the pool and replace or remove the fence. The City of Dania Beach shall have and recover from defendant, Nelson McCutcheon, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $20.00 per day, to begin running 20 days from the date this order is signed by the Chairperson of the Board for the repair of the bottom screening and a fine of $40.00 per day to begin running 60 days from the date this order is signed by the Chairperson of the Board for the repair of the top screening and removal or replacement of the fence. The fines shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendant Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB01-0094 PAGE 3 shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. Said fines shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this 4th day of June, 2001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: Richard Bettor, C airperson Date signed: 407 Lo Sworn and sub ribed before me this _ day of sub 2001. , pwamyl NOTAV PUBLIC STATE COU111 FLORIDA Richard Bettor is personally known to me. '' �` EUASETH A.DAGNON♦ 4 pU Notary Public-state of Florida � My Commission Epees May7.2004 •, Commission#CC934295 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 I -FINAL ORDER CEB01-0094 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Nelson McCutcheon, this ,?g day of Jy(U , 2001. CERTIFIED MAIL 7001 0360 0002 7730 5539 CODE/ENFORCE NT OARD CLERK AP77/ AS TO FORM AND CORRECTNESS '' --'" TIM RY , SPECIAL Cl ATTORNEY xc: Louis Nelson McCutcheon, 2709 N. W. 20 Street, Fort Lauderdale, A 33311 Certified Mail 7001 0360 0002 7730 5546 Also sent first class mail to both addresses Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #CEB01-0094 Municipal corporation PLAINTIFF, FINAL ORDER vs. NELSON MCCUTCHEON DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Eric Baker, on the City's Motion to Confirm Fine held on the 4th day of October, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 22"d day of June, 2001, a Final Order in the above captioned case commanding the defendant, Nelson McCutcheon, to repair or replace the screen door and repair the screening in the bottom of the screen enclosure surrounding the pool on or before the 12th day of July, 2001, or pay a fine in the amount of$20.00 per day for each day of non compliance thereafter and to repair the screen in the SUPPLEMENTAL ORDER #CEB01-0094 top of the screen enclosure surrounding the pool and replace or remove the fence by the 21st day of August, 2001 or pay a fine in the amount of $40.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: HANSEN & NELSON SUB 3-76 D LOT 26 W 20, LOT 27, 28, 29 BLK B (# 0234 06 0410). 3. That the Defendant, Nelson McCutcheon, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Nelson McCutcheon, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of OC fl 10A , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: LlIN6 Richard Betto , Chairman Sworn to and subscribed before me this 9/-) day of 00-4-• , 2004, By Richard Bettor, who is personally known to me. 4/w LIU& NOTA Y PUBLI S TE OF FLORIDA Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Gloria J Brandes Dania Beach, FI 33004 =° : My Commission DD187280 V l Expires MaY 10,2007 SUPPLEMENTAL ORDER #CEB01-0094 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Nelson McCutcheon, this day of a�& , 2004. CERTIFIED MAIL# 7003 3110 0000 8260 1822 A. CODE EN ORCEME B ARD CLERK APPROVED TO FORM AND CORRECTNESS TIMOTHY M. RYAN, SPECIAL PITY ATTORNEY xc: Louis McCutcheon 2709 NW 20 Street, Fort Lauderdale, FI 33311-3305 Certified Mail 7003 3110 0000 8260 1815 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 1 � • / �� O -z- . */Z FLORIDA March 1, 2001 NELSON MC CUTCHEON Case Number: 0-553 350 SW 4TH CT DANIA BEACH, FL 33004 Location: 401 NW 3 PL Folio: 5042-34-06-0410- Legal Description: HANSEN & NELSON SUB 3-76 DLOT 26 W 20, LOT 27, 28, 29 BLK B Dear NELSON MC CUTCHEON: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by 3/15/01 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, ERIC BAKER CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7000 1670 0005 5714 8278 by BETH DAGNON. `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us DER 00-00000553 .fY ADDRESS 401 NW 3 PL ------------------------------------------------------------- VIOLATION: CH. 13 , SEC. 13-21 QUANTITY: 1 CH. 13 , SEC. 13-21 DATE: 3/01/01 ORDINANCE DESCRIPTION : Violation of Chapter 13 , Section 13-21; Sanitary Nuisance. Property declared a sanitary nuisance an m3- ust be pI`ace into good condition. CORRECTIVE ACTION REQUIRED Pool must be cleaned and maintained. -------------------------------------------------------------- VIOLATION: CH. 8 ,ART II, SEC 8-214F QUANTITY: 1 CH 8 ,ART II, PS, SEC 8-21 (4) (F) DATE: 3/01/01 ORDINANCE DESCRIPTION : CH 8 , ART II, PROPERTY STANDARDS, SEC 8-21 (4) (F) General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units . Every accessory structure shall be kept in a clean and sanitary condition, free from rodants, vermin and infestations . ,F�s, garden walls and similar enclosures shall be maintained in a good state of repair. CORRECTIVE ACTION REQUIRED : Fences shall be maintained in a good state of repair. Fence must be replaced or removed. A permit is needed to replace fence . 10Y -------------------------------------------------------------- VIOLATION: CH. 8 ,BLD, ART. I, SEC. 8 . 7 QUANTITY: 1 CH. 8 , BLD, ART. 1, SEC. 8 . 7 DATE . 3/01/01 ORDINANCE DESCRIPTION Violation of Chapter 8, Building, Article 1, Section 8 . 7 . Enclosure of swimming pools . The record owner of every site within the city shall be responsible for constructing an enclosure around such swimming pool (Spa) . CORRECTIVE ACTION REQUIRED : Pool must be enclosed. Enclosure must be either a fence, a screen, or a wall . -------------------------------------------------------------- VIOLATION: CH. 8 ,BLDGS,ART. II, PS . QUANTITY: 1 SCREEN ENCLOSURES DATE : 3/01/01 \ ORDINANCE DESCRIPTION : \` Violation of Chapter 8, Buildings, Article II, Property Standards, Sec. 8-21 (a) (5) a. i . , Minimum Standards for Dwellings, Hotels, and Rooming Houses . Maintenance and Appearance Standards . The exterior of the premises and every structure thereon, including all parts of the _��.._�,,.. ✓a i t .L.LJ PAGE i�IBR 00-00000553 ..c= ADDRESS 401 NW 3 PL ORDINANCE DESCRIPTION : structure and appurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks . CORRECTIVE ACTION REQUIRED All screened enclosures shall be properly fitted with screens and maintained. violator be given 30 days to comply or a fine of $50.00 per day be levied. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Beulah Lair—yes Gary Luedtke—yes Jimmy Peterman—yes Richard Bettor—yes 12. CEB01-0094 Nelson McCutcheon 401NW3P1 Dania Beach,FL Code Inspector Eric Baker came forward and was sworn in. Mr. Baker gave 4 photos to the Board. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted. This is a violation of Chapter 13, Sanitary Nuisance; Chapter 8, fence; Chapter 8 Building, Article 1, Section 8-7, enclosure of swimming pool; and Chapter 8, screen enclosure. As of today, the property is still in violation of Chapter 8, the fence needs to be replaced or removed; Chapter 8, the screen enclosure needs to be properly fitted and screens maintained. Mr. Baker said the Chapter 13 Sanitary Nuisance complied. Louis Nelson McCutcheon, 2709 NW 20 St, Ft. Lauderdale, FL, was sworn in. Mr. McCutcheon identified the photos as being of the property. Mr. McCutcheon said he needs 60 days to comply and gave testimony as to what he is going to do. William Johnson came forward and gave testimony about the fence surrounding the pool. It was on motion of Gary Luedtke, seconded by Jimmy Peterman, to adopt the findings of fact of Code Inspector Eric Baker, move to find the violations exist as charged, move the violator be given 20 days to replace the screen door on the first level or a fine of$20.00 per day be levied and 60 days to remove or replace the fence and the top screening or a fine of$40.00 per day be levied. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Beulah Lair—no Gary Luedtke—yes Jimmy Peterman—yes Richard Bettor—yes 13. CEBO1-0095 Gary W. Forbus 325 NE 2 Avenue Dania Beach,FL Code Inspector Eric Baker having been previously sworn in, came forward and had the following testimony. Mr. Baker gave nine photos to the Board. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 28, Zoning, Repairing of boats; Chapter 28, Zoning, unsightly boats; Chapter 8, Minimum Standards, paint; S.F.B.C. 8.21, Unsafe Structures, dock needs repair; Chapter 14, Abandoned Vehicles; Chapter 13, Public Nuisance, trash and junk on the property; and Chapter 8, Minimum Standards, soffit screens need repair. As of today, the property is still in violation of Chapter 28, repair work still being done on boat, the boat must be located a licensed marine facility; Dania Beach Code Board Summary Minutes 6 June 4,2001 10) #04-1236 Reginal T. Powell 2451 SW 581h Manor West Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations. Mr. Dubisky stated that the property is still in violation of Chapter 39, open air storage and there are still miscellaneous items which are not permitted to remain out in the open and Chapter 39, Public Nuisance, the weeds and grass were not cut and miscellaneous trash and debris remains on the property. He stated that he is leaving the Chapter 14 as still in violation because even though there is a tag on the vehicles they have yet to be moved and they appear to be in a state of disrepair. Mr. Dubisky asked for a finding of fact for Chapter 15 because even though the property isn't homesteaded Mr. Powell claims to occupy the property which is a duplex in which one side belongs to him and the other side is owned by someone else. Chairman Bettor asked if there was anyone representing Reginal T. Powell. Reginal Powell, came forward and was sworn in. Chairman Bettor asked for the 4 photos of the property to be identified. Mr. Powell positively identified the 4 photos as being of his property. Mr. Powell gave a brief explanation in regards to the vehicles, the ownership of the property and stated that he will have the violations cleared up in a week. David Nuby made a motion to adopt the findings of fact and to give the defendant 30 days comply. Attorney Ryan stated that the motion was for a dismissal on the Chapter 15, and on the other 3 they will adopt the findings of fact of the officer and find that the violations exist and the defendant is given 30 days to comply or thereafter a fine. David Nuby amended the motion to include a fine of$50.00 a day. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 11) Motion to Confirm Fine — CEB01-0094 — Nelson McCutcheon — 401 NW 3`d Place. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that this case came before the board on 6/04/01 for four violations. The board issued a final order giving the defendant 20 days to comply two of the violations or a fine of$20.00 per day and 60 days to comply one violation or a fine of $40.00 per day would be levied. The fourth violation was in compliance. The compliance date for the first two violations was 7/12/01 and the defendant has not complied. The compliance date for the 3`d violation was 8/21/01 and the defendant has not complied. Chairman Bettor asked if there was anyone representing Nelson McCutcheon. No one came Dania Beach Code Board Summary Minutes 8 October 4,2004 forward. Jimmy Peterman made a motion to confirm the fine. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 12) Motion to Confirm Fine- 404-0434—Aqua Isles LLC.—3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that this case came before the board on 5/04/04 for a repeat violation. The board issued a final order giving the defendant 15 days to comply or a fine of$250.00 per day would be levied. The compliance date was 6/18/04 and they did not comply until 7/27/04. The fine ran from 6/18/04 through 7/27/04, 39 days @ $250.00/day = $9,750.00 owed. The defendant came before the board on 9/07/04 for an abatement and the board recommended denying the request. The commission upheld the decision on 9/16/04 and denied the abatement. Tim McLeod made a motion to confirm the fine. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 13) Authorization to Foreclose - #04-0434 — Aqua Isles LLC. — 3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that the fine was confirmed on 10/04/04. Chairman Bettor asked if there was anyone representing Aqua Isles. No one came forward. Tim McLeod made a motion to authorize foreclosure. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 14) Motion to Confirm Fine - #03-5807 — Christine Taylor EST % Jacquelene I Kurland—31 NW 14th Court. Inspector William Dubisky having been previously sworn in, came forward and made the following statement. Mr. Dubisky stated that pursuant to the order Dania Beach Code Board Summary Minutes 9 October 4,2004 5. Case#05-0942 John Baleanu, 4031 SW 54 Court - Motion to Confirm Fine Case# 05-1405 Michael A. Calamatto & Catherine Rose Wygladdalski 4931 SW 40 Avenue—Motion to Confirm Fine Case# 05-0213 Roberta H Hansell, 23 SW 3 Street—Motion to Confirm Fine Case CEBO1-0094 Nelson McCutcheon, 401 NW 3 Place, Authorization to Foreclose Case# 05-1008 Stewart C Kachel Rev Liv Tr., 4448 SW 51 Street, Motion to Confirm Fine Case # 04-1545 Donell& Michell Peterman, 608 W Dania Beach Blvd, Authorization to Foreclose A motion was made by Tim McLeod second by Jimmy Peterman to continue Eric Baker's cases until the next Code Board meeting. Motion carried a unanimous vote. 6. Case#03-5807 Christine Taylor Est. 31 NW 14 Court Authorization to Foreclose Inspector: William Dubisky Violations: Ch 8 Art II Sec 8-21 4f Ch 14 Sec 14-2 Ch 15 Sec 15-1 FBC 104.1 Present for the Defendant: Phyllis Taylor} sworn in Disposition: Property is still in violation. Inspector William Dubisky requested abatement but agreed for the case to be heard as an abatement. Motion made by Jimmy Peterman, seconded by Tim McLeod to abate the fine to $2000. Motion carried by majority vote. 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Federal Highway a/k/a 15 S. Federal Highway Summary Explanation & Background: This was originally cited on 09/10/04 for 1 violation and was given 30 days to comply. This was heard by the board on 10/04/04 for 1 violation. The compliance date with an extension was 01/04/05. The board issued a final order giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The fine was confirmed on 06/06/05. The property was brought into compliance on 9/20/06. The fine ran from 01/04/05 through 09/20/06, 624 days @ $100.00 per day = $62,400.00 plus recording fee of$176.50 for a total of$62,576.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 10/04/04, 11/01/04, 06/06/05, 01/04/06 Code Board meetings, and 11/13/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $30,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk i J, �w CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1241 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 4, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 11 S. Federal Highway a/k/a 15 S. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 (# 0234 01 3380): 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. FINAL ORDER #04-1241 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of$100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, J & J Properties of Broward Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of Ce4&4,) , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bett , Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE 3 Notary Seal: Sworn and subscribed before me this day of OT�e 2t 2004. NOTARY PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. �,.v N Gloria J Brandea My Commisafon DD187260 �►p Exprree May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this D day of 2004. CERTIFIED MAIL 7003 3110 0000 8260 1518 '--0 a-- CODE qNFORCEMEOQT BOARD CLERK APPROVED TO F RM AND CORRECTNESS TIM RYAN SPECIAL Cr ATTORNEY Also sent irst class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1241 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 1, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. At a Formal Hearing on October 4, 2004, the Code Enforcement Board determined that Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 11 S. Federal Highway a/k/a 15 S. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 (# 0234 01 3380) : 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. FINAL ORDER #04-1241 PAGE 2 Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $ 100.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on October 20, 2004. (b) At the Formal Hearing on November 1, 2004, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until January 4, 2005. (c) Except as expressly amended herein this board's order in this case signed October 20, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this a day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD --------------------- Notary Seal: By: L� Ott o Richard Bettor, Chairperson Sworn and subscribed before me this a 3 day of 2ttr?> • 2004. NO-VARY PUB S ATE OF FLORIDA Richard Bettor is personally known to me. yyr v„ Gloria J Brandes i MY Commission DD187280 Explres May 10,2007 or� Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this 50 day of xayen b , 2004. CERTIFIED MAIL 7003 3110 0000 8260 5462 CODE 04FORCEMEW BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS f TIM RYAN, Sic)r1tCIAL CITY A I ORNEY Xc: Harry Hipler, PA, 215 N. Federal Highway, P. 0. Box 216, Dania Beach, FI 33004 Certified Mail 7003 3110 0000 8260 5455 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 �{ w • a C-wtow .. e joo� w� FLO RI DA September 10, 2004 J & J PROPERTIES OF BROWARD INC Case Number: 04-00001241 10708 EL PARAISO PL LAKE WORTH, FL 33460 Location: 11 S FEDERAL HWY Folio: 504234013380 Legal Description: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 Dear J & J PROPERTIES OF BROWARD INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by September 15, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, WILLIAM DUB ISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1016 by DOREEN GRANT. Also sent regular mail . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 r , CASE NUMBER 04-00001241 PROPERTY ADDRESS 15 S FEDERAL HWY --------------------- ----------------------------------------- VIOLATION: CH8, ART II, SEC 8-22 2B QUANTITY: 1 DESCRIPTION: CH8, ART II, SEC 8-22 2B INDUS DATE : 9/10/04 LOCATION: NARRATIVE Store front must be placed in a good state of repair. All unfinished work must be completed. ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Section 8-22 2 (b) , Minimum Standards for Commercial, Industrial and Institutional Structures. Appearance of exterior of premises . The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and down grading of the neighborhood. All store fronts and walls exposed to public view shall be kept in a good state of repair. it into compliance or fine of $75.00 a day. The motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 29) #04-1086 Gene T. Rosenthal V2 INT EA Kenneth T Rosenthal III 2620 Marina Drive Inspector William Dubisky having been previously sworn in; came forward and gave testimony regarding the violations. Mr. Dubisky stated that as of today the property still remains in violation of Chapter 13, Public Nuisance, weeds and grass have not been cut , there is still trash and debris on the property and Chapter 39, open storage, the miscellaneous items that are not permitted still remain on the property. Mr. Dubisky presented 2 photos of the property. Chairman Bettor asked if there was anyone representing Gene & Kenneth Rosenthal. No one came forward. Judy Jensen made a motion to give 30 days or a fine of$75.00 a day. The motion was seconded by Tim Mcleod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 30) #04-1241 J & J Properties of Broward Inc. 15 S. Federal Highway Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations and the address of the property. Mr. Dubisky stated that the address of the property is 11 S. Federal Hwy, also know as 13 & 15 S. Federal Highway as displayed on the building and 15 S. Federal Highway as per the Broward County Property Appraiser and the folio number is correct. He stated that as of today the property is still in violation of Chapter 8, the parapet facade of the building is still in a state of disrepair constituting a blighting factor for adjoining properties. He presented 1 photo of the property. Chairman Bettor asked if there was anyone representing J & J Properties. No one came forward. Gary Luedtke made a motion to adopt the findings of fact of Officer William Dubisky and that the offender be given 30 days or a fine of $100.00 a day thereafter. The motion was seconded by Judy Jensen and carried on the following roll call: Dania Beach Code Board Summary Minutes 15 October 4,2004 30 days. Attorney Ryan stated they can give them a 30 day extension to apply for a variance and based upon a motion of the staff then it can be brought back up before the board in 90 days or 120 days depending on how the staff follows the progress of this case. Judy Jensen made a motion to grant an extension. Attorney Ryan explained that they are giving an extension of 30 days and once they apply then they are not going to have any fines unless the staff brings them back and gives them notice to say what will need to be done or they will begin to be fined. Judy Jensen amended the motion to grant an extension from 10/31/04. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes , Gary Luedtke-yes Richard Bettor-yes 7) Request for Extension — #04-1241 — J&J Properties of Broward Inc. — 11 S. Federal highway AKA 15 S. Federal highway & #04-1242 — J&J Properties of Broward Inc. — 17 & 19 S. Federal highway AKA 20 N. Federal highway Attorney Harry Hipler agreed to have both cases heard at the same time. Inspector William Dubisky came forward and was sworn in and gave a summary of the past case history. Mr. Dubisky stated that it is the City's position that an extension not be granted due to the fact that this building has been in a state of disrepair for an exceptionally long period of time. Attorney Harry Hipler came forward. Attorney Hipler stated that he has hired the architect and it will cost about $70,000.00 for the store front to be repaired. He stated that Mr. Kodner is currently fighting with the insurance company to get them to pay for the repairs and the insurance company is not willing to pay the fair market value to have the repair work done. Attorney Hipler stated that they are requesting more time to make application to go ahead and comply. Bruce Kodner came forward and was sworn in. Mr. Kodner stated that the architect is now currently working on the drawings for the front of the building. He also stated that he never got served and he has been fighting with the insurance company for 8 or 9 months since the front came down to get some kind of restitution from the Insurance company. Attorney Hipler stated they would need 60 days to get everything done to get the permit. Tim McLeod made a motion to extend both cases for 45 day from 11/20/04 to be permitted. The motion was seconded by Gary.Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 8) Request for an Extension - #04-0327 — Alexander Galligan TR — 2440 State Road 84 Dania Beach Code Board Summary Minutes 5 November 1,2004 3) # 04-0047 Sovereign International Properties 303 N Federal Highway Dania Beach, Fl Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and gave the following testimony. This is a motion to confirm the fine. This case came originally before the Board on 5/3/04 for one violation; failure to obtain an Occupational License. The compliance date was 9/01/04, and the Defendant has not complied. Community Development Director Larry Leeds came forward and was sworn in. This property was cited over a year ago, on February 24, 2004 for not obtaining an Occupational License. In working with the Electrical Inspector the building remains in violation, making this case a health safety issue. Chairman Bettor asked if there was anyone representing Sovereign International. Mr. Louis Gigliotti, who lives at 1605 Dewey Street, Hollywood came forward and was sworn in. Mr. Gigliotti stated he is a partner with Sovereign International in another venture and he is also an attorney. He then gave testimony on what steps are being taken to bring the property into compliance. Mr. Gigliotti asked for a recommendation of a general contractor to come into compliance. It was on motion by Jimmy Peterman; second by Tim McLeod to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 4) #04-1241 J& J Properties 11 South Federal Highway Dania Beach, Fl #04-1242 J&J Properties 15 South Federal Highway Dania Beach, FI Code Inspector William Dubisky came forward was sworn in and gave the following testimony. This is a motion to confirm fine where corrective action was to have been taken on or before November 19, 2004. They received a 45 day extension making the new date of compliance January 4, 2005. A reinspection on January 6, 2005 revealed the store fronts have not yet been repaired. Attorney Harry Hipler stepped forward to state as per the Board order a variance was applied for and obtained. The bottom line he stated is permits have been applied for. Dania Beach Code Board Summary Minutes 2 June 6,2005 Mr. Larry Leeds having been previously sworn in came forward and had the following testimony. He explained that applying for a permit, is not necessarily doing all the work. Compliance is not based on applying for permits but rather on seeing if work has been completed. Mr. Bruce Kodner, at 10708 El Paraiso Place came forward and was sworn in. He clarified it took a long time to apply for the permit because he went through a divorce and he needed to straighten out his address information with his insurance. Furthermore getting the check from the insurance is no easy task but now the money is there and he would need 90 days to come into compliance. Mr. Tim Ryan explained that if compliance is achieved than an abatement can be requested. Mr. Leeds added that if plans are not approved it means city requirements are not met and that is a mistake on the part of the architect not the City that must be corrected. It was on motion by Judy Jensen; second by Jimmy Peterman to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-no 5) 403-5771 Ravenswood Diesel Inc . 2144 SW 38 ST Dania Beach, Fl Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. This is a motion to confirm fine. Reinspection on May 25, 2005 revealed corrective action had taken place. The confirmation of fine was from October 8, 2005 to May 25, 2005. Chairman Bettor asked if there was anyone representing Ravenswood Diesel Inc. Mr. Bottomley, at 2144 SW 38 Street, came forward was sworn in and gave the following testimony. He stated he is a tenant at the property in violation. Mr. Bottomley expressed that his office sent a fax in order to obtain reinspection, but no one ever went by the property. Mr. Phaneuf stated, in reviewing the file the only fax that was received was a request for a continuance from the July meeting to August. Inspector Phaneuf said he does not agree to having received a fax that states reinspection was requested. On the circumstances of the case and the actions he is taking to bring the property into compliance. It was on motion by Jimmy Peterman; second by David Nuby a fine of. $2200 be paid within thirty days. Mr. Tim Ryan explained the Inspector on the case recommends reducing the fine to $1300 because permits were applied for. An amended Dania Beach Code Board Summary Minutes 3 June 6,2005 Motion by Tim McLeod, second by Jimmy Peterman to dismiss all the cases that have come into compliance. The motion carried unanimously. 5. OLD BUSINESS: Case 905-0737 Paulyne Levesque, 2221 SW 47 Street- Request for Extension Inspector: Gary Phaneuf} sworn in Violations: Ch 15 Section 15-1 and Ch 28 Section 4.20 Present for the Defendant: Andree Levesque} sworn in Disposition: Motion made by Jimmy Peterman, seconded by Tim McLeod, to give the defendant a 120 day extension from 11/28/05 to comply. Motion carried by unanimous vote. Case # 04-1241 J& J Properties of Broward County, 11 S Federal Highway a/k/a 15 S.Federal Highway Authorization for Foreclosure #04-1242 J&J Properties of Broward County, 17 & 19 S Federal Highway a/k/a 20 N.Federal Highway Authorization for Foreclosure Inspector: William Dubisky Violations: Ch 8 Article II Sec 8-22 (2) (B) Present for the Defendant: Harry Hipler, Esq. Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Jimmy Peterman to give authorization to foreclose with no action being taken within 60 days. Motion carried by unanimous vote. Case # 04-1735 Richard Bulow TR, 4100 Ravenswood Rd Inspector: William Dubisky Violations: Ch 15 Section 15-1, FBC 104.1, Ch 28 Art IV, Section 4.20 IROM FBC 104.1 Present for the Defendant: Dania Beach Code Board Summary Minutest/04/06 2 () a) 0 0 0 0 a) 0) () O co0 0 0 0 a) a) a) C c 0 c c c C C C C M -D C a) a) C C c c E C C (n O O O 0 w O 4= C 4= 4 C a) 4= p C C 4= 4= 4= O` k= 4= > T C C C (n C '6 m m T co m m M m M m w m T >, m m m co 'D m cn "O 0) a) a) T a) a) 'D N (n "O M "D '0 a '0 "O •D '0 co C O a a) M m •D 'D 'D "D 'o O M C T 'D - �.. 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PAL INTERACTION NOTES: 01/24/05 NICON NICON SENDS FIRST ESTIMATE TO BRUCE KOGNER 02102/05 NICON NIC76_N_§tNOS REVISED E MA 0=2/05 NICON NIC R QUEST I Su NCE .7 ISS E U N PAPERS FO TN BRUCE KOGNER JOB 0311B/05 NICON NICON R QUEST ROM BR ULE KOGNER AN'LOI' 04AB/D5 NICON WCON SENDS OUT THIRD ESTIMATE REVISED 04I10105 KOGNER- KOGNER SEND BACKAPPROVAL OF BID _- 0411 W5 ENGINE RING NICON SEND COUNTIES N A'S TOENGINEERING 04/18/05 NICON BILLING 50%INVOICING SENT TO KOGNER -.-- D423/05 KOGNER* KOUNER SENDS ADD ORAL MNUEST OF WORK- MANSA D 04l2VO5 NICON NICO S_ENDS KOGNER ADDITIONAL ESTMATEABILUNG CW26105 KOGNER, KOONERAPPROVES ADOI ONAL RK ND LlA LE M NT OS105N5 ENGINEERINGNICONS ENGINEERING PL ED AND SIG DOFF -:DSL. xa. •:: ;:.:tOiLTJ F R TISSFJ :;;;`.•":. •::t„•.,:ti: -'*'"' :' "•`L: =.05Ft7105'CITY 4jDGGE K• KEgIE t �.t:TM.'6N3 tl PEE - ::..'.: ..zi1:.•..a. _ .o.••p �. .k;: 06/30/06 NICON ADMIN ADD ON L INSURANCE PAPERS ISSUED TO THIRDR I PAES 5 KOGNER- NICON $ENOS RECAP O K GN RS INSURANCE ADJUSTER .a0&0.8+05:c., p:":,.:•�'_.� CO J7: .P.tc , pep. I:. -aa:._-:._. ..e:_L..:: _..��.^."--'• ...- _:-0At4/05':01T•Y •i- :�SOWN�•.`B liE TDDiLiON'/tEi Lt Ati ,•.;•:�..4�..ti;::1"�':=:: :071t .Ci7:1'."_.• J A74"EV2EWACI -C lJE ='Nfa ,..i::,. ,r,;• _...;,;;..� gYA5f7Y:':=:••1"- :::7,A L'DARIIE U sAP R164(Ab - G3F' EE Y ;�^ SES;: �YERMIT• EA3IiED= ' •�r' - ?;:'t: .. ,,•:;"`::: - ' - 61TX 'P RML7'RW3:Fi0 Q= lz _ -,a~ _ : •� 08117105 OGNER+ NICON SEN05 APPROVAL REQUEST TO BRUCE KOGNER FOR ORO R AP,, AND OEP S;7 08/31/05 ENGINEERING MORE ENGINEERING CONE BY SECOND ENGIN R F R ETAL TRUSSES M01105 NICON R 0UE T FOR UGHTIN_ BOOT WITH R (AROTIRERM IRD PARTY) 09/,2/05 ENGINEERING ADDITIONAL APPROVAL F ENGIN ER SP CIFI TTONS MUED ; 09i"uY,r LTY ..•"'NI P7{T:5•FORAODtF10NAI-r ERMI 'NIGFJ'Y C 04i .,05 NICON NICON HAS AO�RIONAL INSURANCE PAPERS ISSUED TO THIRD PARTIES 10/19M5 ENGINEERING NICON REVIEWS ENGI EE D TRUSS SPETIFICA 10 S 1V 7/05 NICON _ NICON PLACES NEW ORDERS 11 i2D05 NICON NICON PLAC S MATERIAL ORDERS 12/121D5 NICON NICON PAYS W RKERS(C_H.RIS�� 12(05/05 NICON NICON PAYS WORKER (CH ISR ) _ 12J07/05 PAYMENT KOGNER PAYS S5K '211IM5 KOGNER+ NICON REQUEST BRUCE KOGN CR TO REPAIR DRAINAGE BEFORE PROCEENNC FURTHER WITH WORK 12130/05 NICON NICON REQUEST RELEASE OF OF LEAN With THE VENDER DBK 01N3/06-�ZI OGNER+ ICON REQUEST BRUCE.K GNER TO SIGN OFF ONFRAMINGAND ROOF PANEL MATERIAL O DER 1WOO KOGNER- BRUCE ISSUES APPROVAL TO PROCEE NnTH OR ER 01fW06 PAYMENT BRUCE KOGNER GIVES DOWN PAYMENT _ 01/10/06 NICON NICON ORDEi;- SUPPLIES 0103/06 NICON -- NICON ORDERS SUPPLIES __O'I18/06 ENGINEERINGADDITIONAL ENGINEERING GIVEN TO NICON BY THIRD PARTY ENGINEER _ O'/23/06 NICON CHANOE ORDER CREATED FOR ADOL SPECIFICATIONS 02,05/06 NICON ADDL ORDERS FORMATERLALS _ G3a,IM6 NICON NICON PAYS LABOR FOR"D Y IN"WORK - QiXr.:- .:r'•-':r:N1IDOPf AO'S - _FDY NIIT N 'EIOIE f�EliAIl1T'- 1 TPOS :O''SIl3£-YkND7W931lJGJI:ADDFR:;:[:.:i•�l�i._'' ;1 • 04/3=6 NICON NICON SENDS INVOICE TO BRUCE KOGNER -OS 2f06:GIT`P.:_,..,.�: ,. •Ct - iNSP Er-loft a�.a.... ,.,...::• _ _ _ - "05Fi0106 D•:Y: �NI '$fNG •1 ;R;_ `R": +• ;k�'•: �,.. _ • 0511OM6 NICON NICON ISSUES ADDL INVOICE 0522/06 NI ON NICON REORDERS PANELS AFTER CAR RAN INTO PANELS AT JOB SITE _ mov06 NICON NICON ORDERS MORE MATERIALS 06/12106 KOGNER- NICON WROTE RRUCE TO SCHEDULE TRIM WORK 06116/06 NICON NICON ISSUES ADOL INVOICE 0522/06 NICON NICON ORDERS CUSTOM MADE MATERIALS FROM A ICOR 072 PAYMENT RECEIVED SSK FROM BRUCE OB/02106 NICON AEICOR ISSUE RELEASE OF LIEN" .rfl8tNl06iCITY�.::1::'.�';%�.;:_ _ . ,1� ES�D04' 1L•D pE991pk�''•CEfE;CK; .ITT'."_:': �::^•�-:.ry u'�.,.:�:�s„-•��: 0B/15/06 KOGNE + NICON S BRUCE K NE 'CHANGE ODE FOR IRE TEO� .DOORS ^38/1G109,KOG •O a ,{tF BRA .,•- �:09t,1 •CITY . -. FINRC•I PEGT7ON• � �� ... � �"7 � r„I'� ° -•... � ..� r�,Sz Page I of P. BRUCE KO ER GATE INTERACTION MOTES_ Intll!CON NICON OROERS MORE SUPPUES-ASI NCO NIC N 5tAU5 VU I AWOL SILUNO 09/01M NICON LFGALWUPIULVVKII S NIE5WRE(AWK—XNGW0ATEMEKTVVITHTHECITY 7/0S PAYMENT BRUCE KOOMER PAYS NICON O9/14MG NICCN AEICOR ISSUES FINAL EASE OF LEAN" iOn?105 PAYMENT WooNER PAYS NICON 1 400, 1011SMS NICON NICON ISSUES FINAL INVC310E 11=05 PAYMENT KO R PA NICO S1.00D _ y--I'17 T P is. 1�1 C6l�lOE43'FT�f017Fk 'a' is-'i;•� cal =.az �il.'`r,r�ei• •y Pgoe 2 of —, -tea,J J J J I P. 1 JAN.08'2001 10:28 3055992343 combined underwriters #0606 P.001/006 COMBINED MEMO >�1 UNDERWRrfER50FMIAMI J&JPR-1 MA 91=*907 e, The Dawson Building ' 8240 NW 52 Terrace ;f Suite 408 Miami Florida .A3166 Tel. 30.5.477.0444 1 N 3 u R A N C e Fan 305.599.2343 J&J PROPERTIES,E4C 00 BRUCE KOVr4ZR 24 SO DD=H[CHWAY LAKE WORTH,FL 33460 ATT: BRICE KODNER Re: CLAIM OF 97/2903 PER OUR CONVERSATION, PLEASE BE ADVISED THAT THE CLAIM OF aULY 25, 2003 WAS REPORTED TO US AND TO THE COMPANY ON THE SAME DATE OF THE CLAIM. THE CLAIM WAS FINALLY SETTLED BY THE COMPANY ON APRIL 25, 2005. ENCLOSED PLEASE FIND THE PAPERWORK WE HAVB REGARDING THIS CLAIM_ AS PER YOUR REQUEST, THE TWO HURRICANES OF 2005 WERE AS FOLLOWS: KATRINA 8/25/05 WILMA 10/22/05 IF YOU NEED ANY FURTHER ASSISTANCE, PLEASE DO NOT HESITATE TO CONTACT ME. THANK YOU, MARIA A.LOPEZ JAN.08'2007 10:29 3055992343 combined underwriters V V V.. #0606 P.Ouz/uuo P N ?CE OF LOSS PAYMENT NOVA CASUA►TYCONWANY 04"04/25/05 09CP009976 05/15/03 J 6 J PROPERTIES INC C/O BRUCE KODNER Claw #= 8500004119 24 SO DIXIE HWY Date of Loss: 07/25/03 LAKE WORTH, FL 33460 Amount Paid: $22,422.48 Claimant: J 4 J PROPERTIES INC PAYER J do J PROPERTIES INC AND RICHARD STREETER, ~- C/O BRUCE KODNER DBA AUTHORIZED REPRESENTATNE 24 SO DIXIE HWY LAKE WORTH, FL 33460 COPY SENT TO' NFL02113 COMBINED UNDERWRITERS OF MIAMI INC 51.1':Z P O BOX 528020 MIAMI, FL 33152-$020 MAY 0 2 2005 i NIC®N CONTRACTING & ENGINEERING, INC. 600014W 42 NO WAY PAone 954-571-2940 COCONUT CRFE&FL 33073 Fax 95"71-2968 Email 51EANLOUMVAOLCOM STATE LTC, 4<C6C OOCK76 STATE 1325605 OlJ IJ MBE CERTIFIED D BRUCE KODNER GALLERIES, INC. REVISED April R,20a5 24 S.DMM HIGHWAY LAKEWORTH,FL.33460 OFFICE:95&9i2.2120 FAX:561-5485.9937 RE:KODNER SHOPPING@ 11 SOUTH FED.HWY.,HOLLYWOOD,FL. SUBJECT:SEE SCOPE OF WORK BELOW COLOR STD.KYNAR FINISH ROOF AREA: 850SF(-JZOPE FACTORS"AND WASTE INCLUDED I SLOPE;6.5.12 SCpPE QF WQFJK I. FURNISH AND INSTALL NEW 18 GA G60 LIGHT GAUGE TRUSSES PER NICONS ENGI4EERED STAMPED DRAWINGS.OVER CDX DEC[[BY OTHERS,WE WILL SIMULTANEOUSLY NAIL IN PLACE ONE LAYER OF AS TM 30 A FELT AND ELK VERSA5HIELD FIRE BARRIER USING 1 i"RING SHANK NAILS AND TIN CAPS.WE WILL THEN FURNISH AND INSTALL ALL NEW 24 GA PREFINSHED INTEGRAL METAL ROOF FLASHINGS AND TRIMS PER MANUFACTURE'S RECOMMENDATION. 2.FURNISH AND INSTALL NEW 5/8"CDX PLYWOOD ON SLOPED AREA OF MANSARD ROOF ONLY. 3, FURNISH AND INSTALL NEW AHICOR 24.GAPREFINISEED SS-I.16'WIDE,METAL ROOF PANEL SYSTEM PER INDUSTRY STANDARDS OR MANUFACTURE'S RECOMMENDATION, 4, FURNISH AND INSTALL NEW 24.GA PREFINISHED 16"WIDE,PERFORATED SOFFIT PANEL SYSTEM PER INDUSTRY STANDARDS OR MANUFACTURE'S RECOMI�NTATION. INCLUDES IS GAUGE HAT CHANNELS PER NICONS ENGINEERED STAMPED DRAWINGS.INCLUDES UPPER TOWER ROOF TEAR OFF AND NEW METAL ROOF SYSTEM TO MATCH MANSARD ROOF SYSTEM. TOTALBID PRICE.............................. .�a9,800 NOTE.• OIL CANNING ISINf?ERENTINMATERIAL4BFJNG USER AMLSNOTSUBIF,GTFORREJF,CUONBY "OWMKAWMTECT ORGMW-RlLCONTRACTOR"ASGAUGFSBE1COMETBICSEROILC4NMNGLFMNS. MANUFACTURE IVILL AUTOALITICALLYROLL SJTFFEN/NGRIBSINTOPANEL,PLEASE LET USKNOJVIN ADVANCE IF YOU WISH NOT TO RAVE S77FFEMNG RIBS IN PANELS. MAT JXAL LEAD T DdE: 15 TO 19 WORKING DAYS,4 DAYS TO FABRICATE TRAMS. LABOR LEAD TIME:3 TO 5 WORKING DAYS TO MOEIRDZ PRICE EXCLUDES:PERMIT FEES,PARAPET COPING CAP,ELECTRICAL POWER DUMPSTERS.GENERATORS, RELOCATION OF ANY UTILITIES IN THE WAY OF OUR WORK,DEMOLITION WORK,REMOVAL OR CONTAINMENT OF HAZARDOUS WASTE,EQUIPMENT ROOF CURBS,DUMPSTERS,CODE CHANGES OR UPGRADES LIFTS,CRANES, PHASING OF WORK,STUCCO WORK,DECKING AT TOWER ROOF, ,F,SHOAMING OR FURRBJG,LIGHTNING PROTECTION,CUSTOM COLORS/FNMSIES,SECURED SITE STORAGE.PORTABLE TOILETS,OVERTIME,WOOD NAILERS AND DECK CUT OUTS,SOFFIT,FASCIA WORK,INSULATION,GUTTERS/DOWNSPOUTS.ANY WORKNOT MENTIONED IN OUR SCOPE OF WORE,LISTEDABOVE IS CONSIDERED NOT INMCON'SSCOPE OF WORIL PRICE INCLUDES:TOWER ROOF TEAR OFF,PERMIT,ENGINEERING(FOR NICON'S SCOPE OF WORK),DRY IN, VERSA SHIELD FIRE BARRIER,SHOP FABRICATION,SHIPPING AND RECEIVING OF oliR MATERIALS,ROOF LOADING,SAFETY EQUIPMENT,COORDINATION,SUPERVISION,AND FIELD MEASURE FOR ORDERING OF MATERIALS. l 2 - - -- ootatlaazjev P. From:Serge Jean LOUs 954.571-2958 To:BRUCE KODNER Date:9/17rM Time:7:44:42 PM Page 7 of 5 r adICON CONTRA CYING & ENGINEERING, INC. 6DW NW 42 MD WAY COCOPoUT FL 33073 Phone 954-571-2840 FaX 111 S)E RILOWS ^ 0�Y EmaS S7EAPoLOtI15®AOLODM '(`I(/n STATE UC 0 COC OW476 STATE L1C,0 CCC 11325605 MSE CERTIFIED RE KODNER SHOPPING @ 11 SOUTH FED.HWY.,HOLLYWOOD,FL. STAGING AREA:A STAGING ARE AMUST BE PROVIDED FOR OUR TRUCKS AND EQUIPMENT DURING THIS COURSE OF PROJECT. DELAYS:ALL WORK WILL BE DONE.IN A TIMPLY MANNER.NICON CONTRACTING AND ENGINEERWG, INC.WILL BE RESPONSIBLE FOR DELAYS CAUSED BY PERMRTING PROCESS,MATERIAL SHORTAGES,STRIKES,OR UNFAVORABLE WEATHER CONDITIONS. PAYMENT SCHEDULE: PER DISCUSSION WITH BRUCE KODNER,HE WILL ISSUE 800 ENGINEHtING DEPO ON 4-11.05 FOR FRAMING/METAL ROOF/SOFFIT SYSTEM•50'/e MATERIAL DEPOSIT,20% D Y OF MATERIALS,PROGRESSIVE PAYMENTS,BALANCE UPON COMPLETION. METAL ROOF WARRANTY: SYR-LABOR 20 YEAR MANUFACTURE'S STANDARD PAW FINISH WARRANTY. Terw: Because we try always to be price competitive,our terms are net upon receipt of invoice.All payments became pest due ten (10)days from invoice date and will have a service charge of 1 1/2e%per month(19%per year)added to the on"purchase price In the event my attarny fees or olhrr costa are mou red for ooUeet On of monies,the buyer agrees to pay these costs. Your amePtiace to this most valued corriwt,signed on the original and returned to this office,shall constitute a contruct between us. PRICE 1S FIRM TO THE END OF APRIL 2003,DUE TO NONCONTROLLABLE PRICE INCREASES IN STEEL AND PETROLEUM BASED PRODUCTS. SINCERELY, SERGE JEAN-LOUIS H PRESIDENT E BID: QQQ�•��{{{ APPROVED a k-►3-o5 15287- ZnCDM t� AbsC� 2 z I I - - --- --I- -- --- ++- uut.,r- bb1bUbS!337 p. 5 From:Serge Jew Lows 954-571-2959 To:BRUCE KOONER Date:8117K2005 Time:7:44:42 PM Page 5 or 5 NICON CONTRACTING 81 ENGINEERING, INC. 6000 NW 42ND WAY' COCONUT CREEK, IFL.33073 OFF: 964-671-2940 ; FAX: 954-671-2968 TOTAL DUE: 318.950 %COMPE. DESCRIPTION PRICE EACH TOTAL BY' SERGE-Ji.......... C-0-NTRACT.AN.o.uIi- I......- $14,950 (miuke riiamber 0418105-1)6 kwkeMe iCM5 ----------------—- ---—------- ----------------------------------- ----------------------------------——------—-—---- CLiM ............................... .................................... ............ temw DUE UPON RECEIPT k-ki ANGE O'R-DER 1i S3-26-7—.gi 'PENDING ---------------------—----- ------------ -------------------- SEE CHANGE ORDER --------I------------------- ............ .................... ....... ............................. PRO.ECr." SHOPPING -------------------- --- --------- ----------------- ------------------------------ 11 S.FED.Hiii .......................... ------- --------------------------- .............. ............. ................. .................. .............. SOLD To BRUCE KCIONER 4.4.1 S 0.i.X.I I E.1 H 1.V.I.Y. .................. .... ........................ .... ... ........ .......... .......... .......... ...................... ............ ............. ...... ....... ........... ........... ft stote L AKEWORTH,FL. -------------- --------------------- -------------------------- Pei 3 3 46 0 .......... Ph" 95 4.922 2120 ........ ......................... --------------------------- - - ------------- ----------------- ------ Fox 954-585-9937 ........ ............... ............. ........ BRUCE KODNER c4epani GALLERIES ............................... ............ .................. ....... ........... www ........................... ...... ....... ................... ............... ........... .......... --------- .. .......... NOIES- ---- ---------------- -------- -------------- --------------------------------------------- ------------------ ------------------ --------------------------- ------------ -------------------- -------------------------------- ....... ......... ............. ............ .................... .............-.... ........ . .......... .......... .............................. ....................................----------- Phimmus maim chicks maymilift to: 3911TML $14,950 NICON CONTRACTING &ENGINEERING, INC. $01 I MMINTS $4,0001 PIUMPJWTHISWOUNTf $10,9501 ao.auotiudv p, 4 From:Serge Jean Lous 954-571-2958 To:BRUCE KODNER Date!a117/2005 Time:7:44 42 PM Page 4 of 5 NIC®N CONTRACTING & ENGINEERING, INC. 6000 NW 42 ND WAY COCONUT CREE FL 33073 Phone 954-571-2940 Fax 954-571-2958 Email SJEANLOUIS@AOLCOM STATE LIC. # CGC 060476 STATE LIC #CCC 1325605 O{�n/7 MBE CERTIFIED �IJrJ V BRUCE KODNER GALLERIES, INC. REVISED August 17,2005 24 S.DIXIE HIGHWAY LAKEWORTH°FL.33460 OFFICE:954-9224120 FAX:561-585-9937 ATTN.: SAM RE: KODNER SHOPPING @ 1 I SOUTH FED.HWY., HOLLYWOOD,FL. SUBJECT:CHANGE ORDER NO.1,REVISE ORIGINAL BID TO REFLECT NEW MANSARD DESIGN AS INDICATED BELOW. ADDITIONAL PANEL AREA: 150SF("SLOPEFRCTORS"AND WASTE INCLUDED), NEWSLOPE.•2:12 5COFaE 13F WORK I. RE-ENGINEER AND DESIGN TRUSS WITH 30 TO 36 INCHES VERTICAL FACE AND SLOPE TO,EDGE OF FLAT ROOF,SIMILAR TO THAT OF THE DOLLAR STORE JUST SOUTH OF"KODNER SHOPPING". NEWISLOPE FROM EDGE OF FLAT ROOF TO VERTICAL FACE OF NEW MANSARD WILL BE APPROXIMATELY 2:12. INCLUDES ALL ADDITIONAL TRUSS MATERIALS, PLYWOOD,DRY IN,CLIPS,MEMBERS,METAL ROOFING PANELS,AND FLASHINGS. TOTAL CHARGE ORDER AMOUNT.................................$39267 PRICE EXCLUDES: SAME AS ORIGINAL CONTRACT. PRICE INCLUDES: ADDITIONAL ENGINEERING(FOR NICON'S SCOPE OF WORK),DRY IN, VERSA SHIELD FIRE BARRIER SHOP FABRICATION,DUMPSTERS,SHIPPING AND RECEIVING OF OUR MATERIALS,ROOF LOADING, SAFETY EQUIPMENT,COORDINATION,SUPERVISION,AND FIELD MEASURE FOR ORDERING OF MATERIALS. STAGING AREA:A STAGING AREA MUST BE PROVIDED FOR OUR TRUCKS AND EQUIPMENT DURING THIS COURSE OF PROJECT. DELAYS:ALL WORK WILL BE DONE IN A TIMELY MANNER.NICON CONTRACTING AND ENGINEERING,INC.WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY PERMITTING PROCESS,MATERIAL SHORTAGES,STRIKES,OR UNFAVORABLE WEATHER CONDITIONS. PAYMENT SCHEDULE: 50%MATERIAL DEPOSIT,25%UPON DELIVERY OF MATERIALS, PROGRESSIVE PAYMENTS,BALANCE UPON COMPLETION.NO RETAINAGE, WARRANTY: 5YR.LABOR,20 YEAR MANUFACTURE'S STANDARD PAINT FINISH WARRANTY. Terms: Because we try always to be price competitive,our terns are net upon receipt of invoice.All payments become past due ten (10)days from invoice date and will have a service charge of 1 112%per month(18%per year)added to the original purchase once. In the event any attorney fees or other costs are incurred for collection of monies,the buyer agrees to pay these costs Your acceptance to this most valued contract, signed on the original and returned to this office,shall constitute a contract between us. PRICE IS FIRM FOR 15 DAYS,DUE TO NON-CONTROLLABLE PRICE INCREASES IN STEEL AND PETROLEUM BASED PRODUCTS. SINCERELY, SERGE JEAN-LOUIS II PRESIDENT CHANGE ORDER APPROVAL: APPROVED DATE CC: CONCEPTS CONSTRUCTION,INC. 1 AGENDA REQUEST FORM CITY OF DANIA Date: January 11, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration for the Abatement Request for J &J Properties of Broward Inc. -#04-1242— 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway a/k/a 20 N. Federal Highway Summary Explanation & Background: This was originally cited on 09/10/04 for 1 violation and was given 30 days to comply. This was heard by the board on 10/04/04 for 1 violation. The compliance date with an extension was 01/04/05. The board issued a final order giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The fine was confirmed on 06/06/05. The property was brought into compliance on 9/20/06. The fine ran from 01/04/05 through 9/20/06, 624 days @ $100.00 per day= $62,400.00 plus recording fee of$176.50 for a total of$62,576.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 10/04/04, 11/01/04, 06/06/05, 01/04/06, Code.Board meetings and on 11/13/06 by the Special Magistrate. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $30,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1242 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 4, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway a/k/a 20 N. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 (# 0234 01 3390): 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. FINAL ORDER #04-1242 PAGE 2 Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of$100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, J & J Properties of Broward Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this a D day of 001�&AJ , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: ichard Be' , Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1242 PAGE 3 Notary Seal: Sworn and subscribed before me this ao day of Def- 2004. NOT AY PUBLICYSTATE OF FLORIDA Richard Bettor is personally known to me. g� Gloria J Brander My Commission DD187260 q Expires May 10,2007 Return to: Patricia Vamey, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1242 PAGE 4 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this ay day of O24-obt/L, , 2004. CERTIFIED MAIL 7003 3110 0000 8260 1525 CODE EfqFORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SP CIAL CITY rORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1242 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 1, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. At a Formal Hearing on October 4, 2004, the Code Enforcement Board determined that Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway and 20 N. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 (# 0234 01 3390) : FINAL ORDER '#04-1242 PAGE 2 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on October 20, 2004. (b) At the Formal Hearing on November 1, 2004, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until January 4, 2005. (c) Except as expressly amended herein this board's order in this case signed October 20, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this a? 3 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: yk Richard Bettor, hairperson Sworn and subscribed before me this day of 2004. zm-,e; "al6o NOT Y PUBLIC 8TATE OF FLORIDA Richard Bettor is personally known to me. r Glona J Brander ®® My COmmisswn DD187280 EIP111 MaY 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER '#04-1242 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this day off , 2004. CERTIFIED MAIL 7003 3110 0000 8260 5448 CODEJENFORCNENT bOARD CLERK APPROVED TO FORM AND CORRECTNESS X, TIM RYAN, PECIAL CITY rORNEY Xc: Harry Hipler, PA, 215 N. Federal Highway, P. O. Box 216, Dania Beach, FI 33004 Certified Mail 7003 3110 0000 8260 7473 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 `r; p; 4 40f,..' •tom-•"+�°"'� - FLORIDA m September 10, 2004 J & J PROPERTIES OF BROWARD INC Case Number: 04-00001242 10708 EL PARAISO PL LAKE WORTH, FL 33460 Location: 15 S FEDERAL HWY Folio: 504234013390 Legal Description: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 Dear J & J PROPERTIES OF BROWARD INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re-inspection by September 15, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. S ' ncerely, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1006 by DOREEN GRANT. Also sent regular mail . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us VIOLATION DETAIL PAGE 1 CASE NUMBER 04-00001242 PROPERTY ADDRESS 20 N FEDERAL HWY -------------------------------------------------------------- VIOLATION: CH8, ART II , SEC 8-22 2B QUANTITY: 1 DESCRIPTION: CH8, ART II, SEC 8-22 2B INDUS DATE: 9/10/04 LOCATION: NARRATIVE Store front must be placed in a good state of repair. All unfinished work must be completed ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II , Section 8-22 2 (b) , Minimum Standards for Commercial, Industrial and Institutional Structures . Appearance of exterior of premises . The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and down grading of the neighborhood. All store fronts and walls exposed to public view shall be kept in a good state of repair. David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 31) #04-1242 J & J Properties of Broward Inca 20 N. Federal Highway Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations and the address of the property. Mr. Dubisky stated that the violation address if 15 S. Federal Highway is also known as 17 & 19 S. Federal Highway as displayed on the buildings and also known as 20 S. Federal Highway per Broward County Property Appraiser's Office. He stated that as of today the property is still in violation of Chapter 8, the parapet facade of the building is still in a.state of disrepair constituting a blighting factor for adjoining properties. Mr. Dubisky presented 1 photo of the property. Gary I.,uedtke made a motion to adopt the findings of fact of Officer Dubisky and that the offender be given 30 days or a fine of$100.00 a day thereafter. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 16 October 4,2004 30 days. Attorney Ryan stated they can give them a 30 day extension to apply for a variance and based upon a motion of the staff then it can be brought back up before the board in 90 days or 120 days depending on how the staff follows the progress of this case. Judy Jensen made a motion to grant an extension. Attorney Ryan explained that they arc giving an extension of 30 days and once they apply then they are not going to have any fines unless the staff brings them back and gives them notice to say what will need to be done or they will begin to be fined. Judy Jensen amended the motion to grant an extension from 10/31/04. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 7) Request for Extension — #04-1241 — J&J Properties of Broward Inc. — 11 S. Federal Highway AKA 15 S. Federal Highway & #04-1242 —J&J Properties of Broward Inc.— 17 & 19 S. Federal Highway AKA 20 N. Federal Highway Attorney Harry Hipler agreed to have both cases heard at the same time. Inspector William Dubisky came forward and was sworn in and gave a summary of the past case history. Mr. Dubisky stated that it is the City's position that an extension not be granted due to the fact that this building has been in a state of disrepair for an exceptionally long period of time. Attorney Harry Hipler came forward. Attorney Hipler stated that he has hired the architect and it will cost about $70,000.00 for the store front to be repaired. He stated that Mr. Kodner is currently fighting with the insurance company to get them to pay for the repairs and the insurance company is not willing to pay the fair market value to have the repair work done. Attorney Hipler stated that they are requesting more time to make application to go ahead and comply. Bruce Kodner came forward and was sworn in. Mr. Kodner stated that the architect is now currently working on the drawings for the front of the building. He also stated that he never got served and he has been fighting with the insurance company for 8 or 9 months since the front came down to get some kind of restitution from the Insurance company. Attorney Hipler stated they would need 60 days to get everything done to get the permit. Tim McLeod made a motion to extend both cases for 45 day from 11/20/04 to be permitted. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 8) Request for an Extension - #04-0327 — Alexander Galligan TR — 2440 State Road 84 Dania Beach Code Board Summary Minutes 5 November 1,2004 3) #04-0047 Sovereign International Properties 303 N Federal highway Dania Beach, Fl Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and gave the following testimony. This is a motion to confirm the fine. This case came originally before the Board on 5/3/04 for one violation; failure to obtain an Occupational License. The compliance date was 9/01/04, and the Defendant has not complied. Community Development Director Larry Leeds came forward and was sworn in. This property was cited over a year ago, on February 24, 2004 for not obtaining an Occupational License. In working with the Electrical Inspector the building remains in violation, making this case a health safety issue. Chairman Bettor asked if there was anyone representing Sovereign International. Mr. Louis Gigliotti, who lives at 1605 Dewey Street, Hollywood came forward and was sworn in. Mr. Gigliotti stated he is a partner with Sovereign International in another venture and he is also an attorney. He then gave testimony on what steps are being taken to bring the property into compliance. Mr. Gigliotti asked for a recommendation of a general contractor to come into compliance. It was on motion by Jimmy Peterman; second by Tim McLeod to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 4) #04-1241 J & J Properties 11 South Federal highway Dania Beach, Fl #04-1242 J&J Properties 15 South Federal Highway Dania Beach, Fl Code Inspector William Dubisky came forward was sworn in and gave the following testimony. This is a motion to confirm fine where corrective action was to have been taken on or before November 19, 2004. They received a 45 day extension making the new date of compliance January 4, 2005. A reinspection on January 6, 2005 revealed the store fronts have not yet been repaired. Attorney Harry Hipler stepped forward to state as per the Board order a variance was applied for and obtained. The bottom line he stated is permits have been applied for. Dania Beach Code Board Summary Minutes 2 June 6,2005 Mr. Larry Leeds having been previously sworn in came forward and had the following testimony. He explained that applying for a permit, is not necessarily doing all the work. Compliance is not based on applying for permits but rather on seeing if work has been completed. Mr. Bruce Kodner, at 10708 El Paraiso Place came forward and was sworn in. He clarified it took a long time to apply for the permit because he went through a divorce and he needed to straighten out his address information with his insurance. Furthermore getting the check from the insurance is no easy task but now the money is there and he would need 90 days to come into compliance. Mr. Tim Ryan explained that if compliance is achieved than an' abatement can be requested. Mr. Leeds added that if plans are not approved it means city requirements are not met and that 'is a mistake on the part of the architect not the City that must be corrected. It was on motion by Judy Jensen; second by Jimmy Peterman to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-no 5) #03-5771 Ravenswood Diesel Inc 2144 SW 38 ST Dania Beach, FI Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. This is a motion to confirm fine. Reinspection on May 25, 2005 revealed corrective action had taken place. The confirmation of fine was from October 8, 2005 to May 25, 2005. Chairman Bettor asked if there was anyone representing Ravenswood Diesel Inc. Mr. Bottomley, at 2144 SW 38 Street, came forward was sworn in and gave the following testimony. He stated he is a tenant at the property in violation. Mr. Bottomley expressed that his office sent a fax in order to obtain reinspection, but no one ever went by the property. Mr. Phaneuf stated, in reviewing the file the only fax that was received was a request for a continuance from the July meeting to August. Inspector Phaneuf said he does not agree to having received a fax that states reinspection was requested. On the circumstances of the case and the actions he is taking to bring the property into compliance. It was on motion by Jimmy Peterman; second by David Nuby a fine of $2200 be paid within thirty days. Mr. Tim Ryan explained the Inspector on the case recommends reducing the fine to $1300 because permits were applied for. An amended Dania Beach Code Board Summary Minutes 3 June 6,2005 0 Motion by Tim McLeod, second by Jimmy Peterman to dismiss all the cases that have come into compliance. The motion carried unanimously. 5. OLD BUSINESS: Case#05-0737 Paulyne Levesque, 2221 SW 47 Street- Request for Extension Inspector: Gary Phaneuf} sworn in Violations: Ch 15 Section 15-1 and Ch 28 Section 4.20 Present for the Defendant: Andree Levesque} sworn in Disposition: Motion made by Jimmy Peterman, seconded by Tim McLeod, to give the defendant a 120 day extension from 11/28/05 to comply. Motion carried by unanimous vote. Case # 04-1241 J& J Properties of Broward County, 11 S Federal Highway a/k/a 15 S.Federal Highway Authorization for Foreclosure # 04-1242 J&J Properties of Broward County, 17 & 19 S Federal Highway a/k/a 20 N.Federal Highway Authorization for Foreclosure Inspector: William Dubisky Violations: Ch 8 Article II Sec 8-22 (2) (B) Present for the Defendant: Harry Hipler, Esq. Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Jimmy Peterman to give authorization to foreclose with no action being taken within 60 days. Motion carried by unanimous vote. Case # 04-1735 Richard Bulow TR, 4100 Ravenswood Rd Inspector: William Dubisky Violations: Ch 15 Section 15-1, FBC 104.1, Ch 28 Art IV, Section 4.20 IROM FBC 104.1 Present for the Defendant: Dania Beach Code Board Summary Minutesl/04/06 2 M Co c c a) c c c c c c c c a) a) C c C C C C (n O O O O 4= O w C w w w w Lti w Lti c a) Lti 0 c c w Lti Lti L� 0 w Lti y T T T T >, >+ T T T - -E T T T T T >. a) T M C C C U) C 'o co C M T m m m M M M M m C T >+ M M m m 'O m U1 m 'a a) a) a) T a) a) � a) Ln "O m 'a 'a 'O "O a 'O "a m c a ) a) M m 'O 'O 'O 'O U? "O N 'O O m c T - 'D - O- O a 'a C U - m E E E0E mEmo " w ww a`) a) a) E a) a) a) C) m 0na) -0 aa� aaaa a a a U a- M m a`) a`) aQQaO CL ao c -0 c C:) •a co 0 0 0 C) 0 0 O O O O w O O� 0 0 0 0 0 C) c O a) O N m m M L (a O O m c 0 o 0 0 0 0 O O O OO a) LO p M O O O LO 0 •O O V O a N O E Lo LD LO O O O O O O 'a N ,N � • O O N O to O Ln 0 a) a) a) ' N C N a) r- - r r N N N a) 6,> r c a) r- Ln r- N C N > -0 r M c O c O c O c O x ` c �. 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Ln Ln O W) m CO 0 co m 't N N O LO CO O O O O LO O CO 4k �t d' co N co U') m O m m w I- d co Nt m N I` r d' — M CD I� r co Ln LO I- O M d N N C* "T M r q, N r — r- r V O N W) r N r r N N r 0 r a-- r M to W r O —1 O r. O. r r r r e- r r e- r r O r O r r r �- r r r O r O O �-. O M i i i i i U O O O O O O 0 0 0 0 (D 0 0 O O 0 0 0 0 0 O O O O O C.0 O O O O O O O N .d 11 LO w Q O r N M h co 0) CDr N M at Ln (D I- co (DO r N ('M r' N M It LO W � co O r r �- r r r r r r r N N N N N N N N N N m co M M o fn m U AGENDA REQUEST FORM CITY OF DANIA Date: January 09, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Moshe Bachar-#04-1096—2411 SW 58 Manor Summary Explanation & Background: This was originally cited on 08/10/04 for 2 violations and was given 5 days to comply. This was heard by the board on 01/03/05 for 1 violation. The compliance date was 4/02/05. The board issued a final order giving the defendant 60 days to comply or a fine of$100.00 per day would be levied. The fine was confirmed on 07/0 6/05. The property was brought into compliance on 02/21/06. The fine ran from 04/02/05 through 02/21/06, 325 days @ $100.00 per day = $32,500.00 plus recording fee totals $32,676.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 01/03/05, 07/06/05 Code Board meetings and the 1/08/07 Special Magistrate Hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $750.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk r CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1096 municipal corporation PLAINTIFF, FINAL ORDER vs. MOSHE BACHAR DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 3, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Moshe Bachar, did allow the following code violation to exist at property Defendant owns located at 2411 SW 58 Manor, Dania Beach, Florida, which property is legally described as: LABEAU ACRES UNIT 3 82-11 B LOT 92 (# 0232 21 0150): 1. Chapter 15, Section 15-1. Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. j` FINAL ORDER # 04-1096 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Moshe Bachar: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 60 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Moshe Bachar, for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this / day of szb2005. DANIA BEACH CODE ENFORCEMENT BOARD By: � Richard Bettpr Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 f FINAL ORDER # 04-1096 PAGE 3 Notary Seal: Sworn and subscribed before me this day of 2005. NOT RY PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. Gtona3 eter4es pp167260 �a'esy'o,tool Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 04-1096 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Moshe Bachar, this / day of , 2005. CERTIFIED MAIL 7003 1010 0004 8918 5373 COD4 ENFORCEYAENT BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIM RYAN, tPECIAL CI ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1096 Municipal corporation PLAINTIFF, FINAL ORDER vs. MOSHE BACHAR DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector William Dubisky, on the City's Motion to Confirm Fine held on the 6th day of July, 2005, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 1 st day of February, 2005, a Final Order in the above captioned case commanding the defendant, Moshe Bachar, to bring the violation specified in said Final Order into compliance on or before the 2nd day of April, 2005, or pay a fine in the amount of$100.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #04-1096 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LABEAU ACRES UNIT 3 82-11 B LOT 92 (# 0232 21 0150). 3. That the Defendant, Moshe Bachar, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Moshe Bachar, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of , 2005. DANIA BEACH CODE ENFORCEMENT BOARD By: r. Richard Bettor air m an Sworn to and subscribed before me this :R6 day of , 2005, By Richard Bettor, who is personally known to me. zv- NOT RY PUBLIIH STATE OF FLORIDA Gloria J Brandes DD187260 i my commission Eypres May 10.2007 •O!N Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #04-1096 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Moshe Bachar, this day of , 2005. CERTIFIED MAIL# 7004 2510 0003 0645 8889 CODE/tNFORCEMgNT 8OARD CLERK APPROVED A, TO FORM AND CORRECTNESS TIMOTHY RYAN, SPE AL CITY ATTORNEY t Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 3109 r6�J FLORIDA August 10, 2004 MOSHE BACHAR Case Number: 04-00001096 2411-2413 SW 58 MNR FT. LAUDERDALE, FL 33312 Location: 2411 SW 58 MNR Folio: 504232210150 Legal Description: LABEAU ACRES UNIT 3 82-11 B LOT 92 Dear MOSHE BACHAR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by August 15, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. WS El WILLIAM DUBISKY CODE INSPECTOR I . certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1136 by DOREEN GRANT. Also sent regular mail . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 04-00001096 PROPERTY ADDRESS 2411 SW 58 MNR -------------------------------------------------------------- VIOLATION: CH 15, SEC 15-1 OCCUP LIC QUANTITY: 1 DESCRIPTION: CH 15, SEC 15-1 OCCUP LIC LEAS DATE: 8/10/04 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental , income, and/or multi-living properties . ORDINANCE DESCRIPTION Violation of Chapter 15, Section 15-1 . Occupational Licenses . Operating a business without a valid Occupational License is prohibited. --------------------------------------------------- ----------- VIOLATION: CH39,X, SEC39-132A&39-133 QUANTITY: 1 DESCRIPTION: CH39,ART X, SEC. 39-132a&39-133 DATE: 8/10/04 LOCATION: NARRATIVE All grass, weeds, shrubs, hedges, and any other vegetation on property and contiguous swale area must be cut and maintained. Any junk, junk items, debris, trash or litter must be removed from property and/or contiguous swale area . ORDINANCE DESCRIPTION : Violation of Chapter 39, Broward County Zoning Code, Article X, Property Maintenance and Junk or Abandoned Property, Section 39-132 (a) Public Nuisance and 39-133 , Duty to Maintain. It shall be the responsibility of all property owners to maintain their property and contiguous swale areas free of junk, junk items, debris, trash and litter and to cut and maintain all ground cover and vegetation. It has been determined that failure to maintain property constitutes a public nuisance in that the property is creating an eyesore to the community. evidence. Chairman Bettor asked if there was anyone present representing Ofer & Hadas Zvi. No one came forward. Gary Luedtke made a motion to adopt the findings of fact of Officer Phaneuf, that the offenders be given 30 days or a fine of$75.00 a day. David Nuby seconded the motion and it carried on the following roll call. David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-no Richard Bettor-yes 27. Case # 04-1094 Bachar, Sharon 2446 SW 50 Manor Fort Lauderdale, FL. Code Inspector William Dubisky, having been previously sworn in, came forward and stated that this is a violation of CH.15, SEC.15=2 occupational license required and CH.39, ART.X, SEC.39-132A & 39-133, overgrown vegetation and trash. As of today the property is still in violation of CH.15, no occupational license has been obtained and CH.39, public nuisance, there is still miscellaneous trash& debris and an abandoned camper truck on the property. He presented one photograph as evidence. The owners have not made any attempts to comply. Chairman Bettor asked if there was anyone present to represent Sharon Bachar. No one came forward. Judy Jensen made a motion to adopt the findings of fact by Officer Dubisky, move to find that the violations exit as charged, move that the violator be given 60 days to comply or a fine of$100.00 per day thereafter. Tim McLeod seconded the motion and it carried on the following roll call: David Nuby- yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-no Richard Bettor-yes 28. Case # 04-1096 Bachar, Moshe 2411 SW 58 Manor Fort Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and stated that this is a violation of CH.15, SEC.15-1, occupational license and CH.39, ART.X, SEC.39-132a & 39-133. As of today the property is still in violation of CH.15, no occupational license has been obtained. The CH.39 has complied. Chairman Bettor asked if there was any one present representing Moshe Bachar. No one came forward. Judy Jensen made a motion to adopt the findings of fact by Officer Dubisky, move to find the violation exits, move that the violator be given 60 days to comply, thereafter a fine of$100.00 shall be levied. Tim McLeod seconded the motion and it carried on the following roll call: Dania Beach Code Board Summary Minutes 13 January 3,2005 David Nuby- yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-no Richard Bettor-yes 30. Case # 04-1141 Mathiasen, Brian Richard 4500 SW 34 Avenue Fort Lauderdale, FL Code Inspector, Gary Phaneuf having been previously sworn in, came forward and presented 2 photographs for the record. He stated that this was a violation of CH.14, SEC.14-2 abandoned and unlicensed vehicles. As of today the property is still in violation. The vehicle has no valid license. The owners have not made any attempts to bring the property into compliance. Chairman Bettor asked if there was anyone present representing Brian Mathiasen. No one came forward. Gary Luedtke made a motion that the offender be given 30 days or a fine of$60.00 per day thereafter. Judy Jensen seconded the motion and it carried on the following roll call: David Nuby- yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-no Richard Bettor-yes 31. Case # 04-1375 Dania-Auger, Inc. 645 S Fed Hwy Dania Beach Chief Code Inspector William Johnson, having been previously sworn in, came forward and presented one photograph for the record. He stated that this was a violation of CH.28, SEC.28.190, non conforming Pole signs. Mr. Johnson said that he has had conversations with the owner and also a sign contractor on their behalf and they intend to comply. Chairman Bettor asked if there was anyone present representing Dania-Auger, Inc. No one came forward. Jimmy Peterman made a motion to adopt the findings of fact of Officer Johnson, move to find the violation exists as charged and move to give the violator 60 days to comply or fine of $50.00 a day shall be levied. Gary Luedtke seconded the motion and it carried the following roll call: David Nuby- yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-no Richard Bettor-yes 32. Case# 04-1393 Golden Key Plaza,Inc 801 S Federal Highway Dania Beach,FL Dania Beach Code Board Summary Minutes 14 January 3,2005 and stated that pursuant to the order of the board, corrective action was to be taken on or before 4/22/05 and that reinspection of the property on 07/06/05 had revealed that corrective action had not been taken and that the required inspection did not pass. Chairman Bettor asked if there was anyone present to represent Carrig Associates LLC. William Murphy, 4300 N University Drive, came forward and was sworn in. He said that he is the Manager of the LLC and he got the building permits and passed one of the inspections. They failed the other inspection because they had to take the fence down and bring it back up to code. He asked for a 30 day extension. Inspector Phaneuf said they had put up the fence without a permit and that this has been going on since 2004. Nothing has been done about it despite the Inspector having spoken with the owner. Jay Hamilton made a motion to confirm the fine as it is. Jimmy Peterman seconded the motion and carried on the following roll call: David Nuby- yes Judy Jensen- yes Jimmy Peterman - yes Terrell McCombs-yes Jay Hamilton - yes Richard Bettor—yes 19. Request for Dismissal—Case#0 4-1119-Carolina Rodriguez-5180 SW 26 Ave Code Inspector Gary Phaneuf, having been previously sworn in, came forward and requested a dismissal of this case because the property now has new owners. Judy Jensen made a motion to dismiss the case and was seconded by Jimmy Peterman. The motion carried on the following roll call: David Nuby - yes Judy Jensen- yes Jimmy Peterman - yes Terrell McCombs-yes Jay Hamilton - yes Richard Bettor—yes 20. Motion to Confirm—Case# 04 -1094 - Sharon Bachar-2446 SW 58 Manor Tim Ryan Esq. said that he had a discussion with the Code Officer on this case and they would like this case to be continued until September 2005. Judy Jensen made a motion to continue the case till September 2005 and it was seconded by David Nuby. The motion carried on the following roll call: David Nuby- yes Judy Jensen- yes Jimmy Peterman - yes Terrell McCombs-yes Jay Hamilton -yes Richard Bettor—yes 21. Motion to Confirm—Case # 04-1096 - Moshe Bachar - 2411 SW 28 Manors Code Inspector William Dubisky, having been previously sworn in, came forward and stated that pursuant to the order of the Board, corrective action should have been taken on or before 04/02/05. Reinspection of the property on 07/06/05 revealed that corrective action had not been taken in that no occupational license had been obtained. Chairman Bettor asked if there was anyone present to represent Moshe Bachar. No one came forward. Judy Jensen made a motion to Dania Beach Code Board Summary Minutes 10 July 6,2005 confirm the fine and it was seconded by Jimmy Peterman. The motion carried on the following roll call: David Nuby- yes Judy Jensen- yes Jimmy Peterman- yes Terrell McCombs-yes Jay Hamilton- yes Richard Bettor—yes 22. Case # 05—0300 Maxwell Chambers 130 SW I"Court Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and presented two photographs as evidence. He stated that this was a violation of CH.8, Art. 11, Sec.8-21(4) (0, fence violation. As of today the property is still in violation. The fence has to be repaired, replaced or removed. Chairman Bettor asked if there was anyone present to represent Maxwell Chambers. No one came forward. Judy Jensen made a motion to find that the violations exist as charged, move that the violator be given 45 days to comply, thereafter a fine of$100.00 a day shall be levied. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby - yes Judy Jensen- yes Jimmy Peterman - yes Terrell McCombs-yes Jay Hamilton -yes Richard Bettor—yes 23. Case# 05—0450 Isadore Reece 3000 W Marina Drive Fort Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.5, there are birds stored outside the dwelling and the number exceeds the permitted number. Ch.13, 13-29, there still remains several areas with standing water including two kiddie pools with gold fish in them. Ch.39, Sec39-132A-133, there are areas of the property that still remain overgrown, Ch.39, 39-275 613, there remains an abundance of items still stored outside like furniture, trash and miscellaneous items. The paint violation has complied. The property owners are elderly and they have made some attempt to clean up. There has just been an accumulation of things for many years so they have a long way to go to finish cleaning up. Mr. Dubisky asked for no more than 30 days for the violators to correct the problems. Chairman Bettor asked if there was anyone present to represent Isadore Reece. No one came forward. Judy Jensen made a motion to find that the violations exist as charged, move to give the violators 30 days to comply and thereafter a fine of $65 per day shall be levied. The motion was seconded by Jay Hamilton and it carried on the following roll call: Dania Beach Code Board Summary Minutes 11 July 6,2005 00 0 0 r- r- 61� (119, O O C C E E N N f6 m (0 (6 N N c c E E n 0 3 O o 0 m D c_ a2 is O O N c C 01 coco c @ LO LOIn U N L Q N N c6 f6 U U m m N N � L L Z LO m O y O � U o 0 m O �n m d fN m U AGENDA REQUEST FORM CITY OF DANIA Date: January 09, 2007 Agenda Item#: a Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Moshe Bachar-#06-0159—2411 SW 58 Manor Summary Explanation & Background: This was originally cited on 01/26/06 for 2 violations and was given 14 days to comply. This was heard by the Special Magistrate on 05/08/06 for 2 violations. The compliance date was 07/05/06. The Special Magistrate issued a final order giving the respondent 30 days to comply or a fine of $200.00 per day would be levied. The fine was confirmed on 10/09/06. The property was brought into compliance on 2/21/06. The fine ran from 04/02/05 through 02/21/06, 325 days @ $100.00 per day = $32,500.00 plus recording fee totals $32,676.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from 05/08/06, 10/09/06, and 1/08/07 Special Magistrate Hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$750.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk .CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-159 municipal corporation PETITIONER, vs. Moshe Bachar RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on May 8, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, Moshe Bachar, did allow the following code .violations to exist at property Respondent owns located at 2411 SW Manor, Ft. Lauderdale, Florida, which property is legally described as: LABEAU ACRES UNIT 3 82-11 B LOT 92 (# 0232 21 0150 ): 1. Chapter 13, Article II, Section 13-34 A,B,C; Health and Sanitation Article II, Prohibition. Trash, garbage, litter, stagnant water and untended vegetation. The property has an accumulation of trash, garbage, litter or other miscellaneous debris which must be removed. FINAL ORDER # 06-0159 PAGE 2 2. Chapter 8, Article II, Section 8-21(A) 5D; Building and Property Standards, Minimum standards for live vegetative material in yard area. The open spaces in the yard area not covered by hard surface must be covered with sod. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Moshe Bachar: (a) has been found to be in violation of the above described code section listed in paragraphs b.(1) and b.(2). A fine of $200.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Moshe Bachar, for the foregoing violations listed in paragraph b.(1) and b.(2), a fine of $200.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this �� day of �.CALI—? , 2006. CODE ENFORC ECIAL GISTRATE B . Mar E. er an, Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 06-0159 PAGE 3 Notary Seal: Sworn and sub, cribed before me this day of ', ti 2006. NOTARY PUBLIC STATE OF FLORIDA Mark E. Berman is personally known to me. RANN PEARSON Notary Public•State of Florida , �.� ` �Com #n DD3182333 CERTIFICATE OF SERVICE - BondecfByNaryonalNotoryAssn. I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Moshe Bachar, this day of 12006. 7 CERTIFIED MAIL 7001 1940 0002 6630 8982 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0159 Municipal corporation PETITIONER, FINAL ORDER vs. MOSHE BACHAR RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 9th day of October 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Code Enforcement Special Magistrate did enter on the 5th day of June 2006, a Final Order in the above captioned case commanding the Respondent(s), Moshe Bachar, to bring violation(s) specified in said Final Order into compliance on or before the 5th day of July 2006, or pay a fine in the amount of$200.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #06-0159 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LABEAU ACRES UNIT 3 82-11 B LOT 92 (0232 21 0150). 3. That the Respondent(s), Moshe Bachar, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Moshe Bachar, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this -� Day of DUCi✓1.,6 0 .1.� , 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #06-0159 By , J Gordon Linn, Esq. Sworn to and subscribed before me this day of D e4v) , 2006, by Gordon Linn, who is personally known to me. SHARIANN MARCHAN Notary Pubkc P of Florida tComm�sionExMay 11,Y010Cormrdasim 5993M OTARY PUBLIC STATE OF FLORIDA "° `�'••• Boodod 8 Nefiml Notary Assn. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Moshe Bachar, this .3 day of 910VPML� , 2006. CERTIFIED MAIL # 7003 1010 0004 8918 6554 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 c. r% • o FLORIDA January 26, 2006 MOSHE BACHAR Case Number: 06-00000159 2411-2413 SW 58 MNR FT. LAUDERDALE, FL 33312 Location: 2411 SW 58 MNR Folio: 5042-32-21-0150 Legal Description: LABEAU ACRES UNIT 3 82-11 B LOT 92 Dear MOSHE BACHAR: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by February 9, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, G Al ANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6630 6216 by ANA MARIA RESTREPO Also sent regular mail XC: MOSHE BACHAR, 2411-2413 SW 58 MNR, DANIA BEACH, FL 33312 CERTFIED MAIL# 7001 1940 0002 6630 6223 "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00000159 PROPERTY ADDRESS 2411 SW 58 MNR -------------- ---------------- - ----- ------ -- ----------------- VIOLATION: CH13 ART II SEC13-34A, B, C QUANTITY: 1 DESCRIPTION: CH13 , ART II SEC 13-34 A, B, C DATE : 1/26/06 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Health and Sanitation, Article II , Secton 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of promises within the city to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in Section 13-21 upon the property. Each owner or operator of property within the city shall keep such property, and adjoining unpaved portions of the public right-of-ways, swales and canal banks, clean and free from any accumulation of garbage, trash or litter. The owners or operators of all improved property within the city shall not be permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . ---- --- -- --- ---- ---- ----- --- -- -------- ------------------------ VIOLATION: CH. 8,ARTII, SEC. 8-21 (A) 5D QUANTITY: 1 DESCRIPTION: CH. 8,ARTII, SEC. 8-21 (A) 5D MS DATE: 1/26/06 LOCATION: NARRATIVE All open spaces not covered by hard surface shall be covered with sod. ORDINANCE DESCRIPTION Violation of Chapter 8 Buidlings, Article II , Property Standards; Section 8-21 (a) (5) d. Minimum standards for dwellings, hotels and rooming houses . Live vegetative material, as determined by the city, shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances . 60 days to bring property into compliance. Special Magistrate Berman approved 60 days to bring property into compliance or a fine of $150.00 per day to be granted. 06-0113 Elda P Greenberg & Gina Parroni, 2401 SW 49 Court Inspector: Gary Phaneuf Violations: CH. 8 ART.II SEC.8-21 (A) (6) (A) (5) CH.13 ART.II SEC. 13-34 A, B, C 7 Photographs entered into evidence Present for the Respondent: No Representation Disposition: Property is still in violation. A recommendation was made by Inspector Gary Phaneuf to allow 30 days to bring property into compliance or $200.00 fine per day. Special Magistrate Berman approved a 30 day extension to bring property into compliance or a fine of $200.00 per day will be granted. 06-0159 Moshe Bachar, 2411 SW 58 Manor Inspector: Gary Phaneuf Violations: CH. 13 ART. II SEC. 13-34 A, B, C- CH. 8 ART.II SEC. 8-21 A, 5, D 2 Photographs entered into evidence No Representation Disposition: Property is still in violation. A recommendation was made by Inspector Gary Phaneuf to allow 30 days to bring property into compliance or $200.00 fine per day. Special Magistrate Berman approved 30 days to bring property into compliance or a fine $200.00 per day to be granted. 06-0238 Ramesh James, 245 NW 6 Avenue Inspector: Theodore Perez Violations: CH.8 ART. II SEC. 8-21 4F CH. 8 ART. 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