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HomeMy WebLinkAbout2006-11-16 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 16, 2006 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED A 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 'FO 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 by Adirondack Associates, Inc., for consideration of abatement for Case #06- 0886, for property located at 922 S. Federal Highway (41203-00-0650) 3.2 Settlement Proposal for Dania Beach v. Nguyen, et al., for Case #CEB 01-0115, for property located at 800 Phippen Road (41203-34-0310) 4. ADJOURNMENT ADIRONDACK - COMPLIANCE WITH DANIA BEACH CITY CODE SUMMARY OF CLEAN UP EXPENSES Trailer Trash, Inc. $ 2,310.00 FMHS 2,700.00 Waste Management 1,654.00 Joe O'Neill 3,558.50 TOTAL CLEAN UP EXPENSES $10,222.50 PROPERTY TAXES PAID 2006 $ 41,660.90 2005 36,039.72 2004 34,258.53 2003 29,155.13 TOTAL TAXES $141,114.28 ltCV• 10. L U V 0 L�`TU ADIRONDACK MOBILE H 7OZ1I�OME PARK, LLD vlachw e Ea,,i:.N.A. 370 E.Maple RWd 3rd Floor 0irningham,M''. 680fifl 067C064:i2 ��+� 1rNq ^"r.0;iuvND THREE HL'T;��F',E� 2EN Atr'D : �)i'OG GOLLkF5 0 127i06 $2, '1D , 00'`*' To 7Hr ORDER OF Trailer Trash International, Inc 4490 Souvnwest 66 Terrace Davie, FL 331fi NC?WNEGOTIAl3LE a�� VOv, ib, YUUb 2: ) i'm riverst0o: mo, UIGO ,-1 Trailer Trash International', Inc. CONTRACTORS INVOICE 4490 Southwest 66th 'Terrace Davie, Florida 33314 954-579-4414 WORK PERFORMED AT: Ole TO: DATE p� YOUR RK ER N0, OUR 31D N0. 7U1AQ11d Id -------------- J TOTAL DUE rnMrrmAt1%1m1*Q 1h!lrf1EC F Ne., lb, '2 n; '1 14i IV rsione w"I U Q, Trailer-Trash International, Inc. CONTRACTORS INVOICE 4490 Southwest 66th Termce Davie, Florida 33314 954-579-4414 WORK PERFDFd ErJ AT: TC: L � --�W DATE YOuR WOR' if N0 ou BID NO. TOTAL DUE rnh1T0nr-rn12Q thilinirF �'ov, 16, 2QUb Z.4yN^� river,iooe iuu, ui�o � � Troller Trash International, Inc. CONTRACTORS INVOICE 4490 Southwest 66th Terrace Davis, Florida 33314 954-579-4414 WORK PERFORMED AT: M DATE > 1W WORK OR N0. OUR BID N0, TOTAL DUE rnNTRBr'_TnRq INVnIPF 4ov, It LUJI L:4yiIYI river iooe IVV. VI T'raller.Tmah international; Inc. CONTRACTORS INVOICE 4490 Southwest 66th Terrace Davie, Florida 33314 954-579-4414 WORK PERFORMED AT; TO: DATE Y01R WORK ORDER NO, R BID NO. -l�I— bCa l Z5 TOTAL DUE nnNTRArTnRF% INVnIrF Nev. 1,5. 2005 2:48YM river Tzia Iu0- UILO it Traller Trash International; Inc. CONTRACTORS INVOICE 4490 Southwest 66th Terrace Davie, Florida 33314 954-579-4414 WORK PERFORMED AT: T0: DATE 1YOURWUMK ORDER NO. UA BID NO 1 TOTAL DUE ��,ae,rrua►rTnDf� IAf!/C51P`.F= Gov, lb• ZUUS �'.4IP"'i �versu;n� NQu Uito io Trailer Trash international; Inc. CONTRACTORS INVOICE 449D Southwest fifth Terrace Davis, Florida =14 954-579-4414 WORK PERFORMED AT: TO', DATE YOUR K PlO, OUR BID NO. TOTAL. DUE �f+we�n a e+rn�e snnin�r�� Nf,V. Ib. 2 U U b 1:4/pM rrvers?pne N�� n i Z 6 .Trailer Trash International; Inc. CONTRACTORS INVOICE 4490 Southwest 66th Terrace Davie, Florida 33314 954.579-4414 WORK PERFORM M A7: m �— — DATE YOUR WORK ORDEFVNOI D NO. €� TOTAL DUE rnmTQer_TnRc tl►IOIOMP t« % 23 2 §w < as 5 e c \!p t )i . .. . ra - �--- � � { IT, 0 \ _ ru g | ( c \ ) � 2 P.P. 0M t §DW \ 2 . 0 2 § § 3 ) 2 0 \ % TQ ; » � � p - . � o . , \ ,Nov. 1,6, 2006 2: 52PMi r I V e I e No. D !Zb [, { ell 32 • P � 'E C n m l7 N 0 D z $ LDS + ZS 3 W biz*. WEI a EjV� r 3 U l y �� o. gI OO► .. v .. N co s o .. m F:4 a . 27 I� It LO W m d o m � 7 4 b • HD�' � � rp� }�j�� aARM _ . m � 86 I hov. 16. 2006 2;i3 NC, Dllri P Lp V ' wa6TE ea�Nt,�errr Z.V .-'G�.�w 7'7.F 1113 f}Gc7£} 4aeie, FL. _Q0,,A >=riikoaer .4Jupze E'l, IBC MUSIN Carnet Gf_ht��NCil�irltyare V �. 'tOt.?:,I,Vi, NUi^r 11rket Dc,':.__ 091.t4.`L'-MS a7 iale?t i c,2�us �t�.t9 T+ayaan* f'rpH Cre i*., iirL:art Jntain«e Ra11' - ,t3ctr+. FJ L'3Vier•k..OY ' yTlaa rs^ ' Tnhrr>,nd t�rv=.c• rh't 09. HR LPere F, i4,Z5,,4t GJ Net WASTE N GE T RraLu, k �fPt Saar LOM Rate,- lax (lear�nfi 0 i4in tr, °iQ9ts 17$i /8Z'0D ;`a, :ie LS, X3 C4'rC.1ya r�i7�h..-'r?+.-I Sltr t'��r•g i.'3k' 10,StG 4t5 .17 jt J(Jj1 "44, 11 cety that the waste I delivered to this fapdity on this date does not contain any raj�ulatad hazardous,toxic, radioactive waste,ot IV 1fEH SIQN HIM subta'uss,or other non-allowable wastes. I also agree to remove any nomallowatte wastes I txing to this facility, or pay all costs for Totak Tnx s PO proper removal of such wastes,upon request from this facility t o : 'F i ck e f: 4 . a05WMFL Nov. 2006 2 5 WAME MA MGFMrNT td ,IT Y ir Ills, l,2 IA, I N Ic iLl'i,Y i"if T'a ................ 'Ail JAA- 41 cer�ty that fie waste I delivered to his facility on this data does DRIVER:pLEASE SIGN HERE not contain any regulated hazardous, toxic, raldioacflys waste or subtances, or other norallwable wastes. 1 also agree to WnM f;Oc any ny non-abw&e wastes I bring Im this fecilitY, 01'Pay EJ; costs for proper removal of such wastes,UPOn request from this facility." 406wkiFL X v, 16. 2006 2 rlwerstone r lja$W WARAMIA fl a i D L, 3 1�31 pt, 174,0 Tir;kRt D4.t, Oil 1 4 1, i,.�I r,t f C.r 4 d F 4, it I f I I iz os� -m;-w HP LD L I)il '�el 1XIII Raga T"-k kc..lint- W- vim-dA 1.91:1,25 5 #0 114�j 0,OV V-IP71 IN 50 l � '`, of carfity that the waste I delivered 10 this faC ft- on this data does not oontain any regulated hazardous, tcyJc, radibutive waste tie qFVftR;-PLEASS SIGN HERE subtances,of other rom.apow.,de wwos. I also sores to ramdve Ji arry not t-allcrivable wastes I brin;to this facility, or pay al costs for VI �aR proper removed of such wastes, upon request from this tacility," 40-AWMFL Nov, Ip, ZUGb Y:e rfvl tIvels[o1E wu, Ul[5 General Ledger(Accrual) Pagel _ Adirondack Mobile Home Park-(adiron) 11:39 Ass January 2006 - December 2006 Property Date Period Desor-gnion Control Refer Debit Credlt`_ BaleaOtI Remarks _ 34200-0o0 Wages-lilalntenance I -Beginning Balance= adiron 01/17/06 011D6 (dab)Riverstone Communib R10024 PR 0111310e- 44C.D0 440.00 Maintenance PR 01/13/06 adiron 02/09/06 0210E (.d&b)Rlverstone COmmuNd P-10160 PR 11 257.00 $97.00 PIR 0211WO6 adiron 031 Me 03106 (d&b)Rlverstone Commumb P-10251 PR 02/24106- 12E.00 823.00 PR 0224/06 adlydn 0310210E 03/06 (dab)I Commmniti P-10255 PR 021241GE- 40276 1,225.75 Maintenance PR QP/24/C6 adim 0304IOE C3106 (00)Rivorotone Communiti P-10318 PR 03/10106- 3E.50 1,264225 PIR 03110/06 adiron OV1410e 03106 (d&b)Riversiono Communiti P-10322 PR 03110106- 2e2100 1,52e.25 PIR 03110105 adiron 032710E 03/06 (d&b)Riverstone Conmuniti PA0391 PR 03/24l06- 19E.53 1,722.75 Maini PR 0312410E adiron 0712710e 0710E (d&b)Riverstone Communiti P•11034 PR 07/2810E- 54.00 1,77e.75 PIR 0728tO6 ✓adiron OW2310608/06 (d8b)Riventone CommuniG F. 11$1 PR Oe/25106- 365.00 2.141,75 PIR 0826/06 V adiron 1070610E 10/08 (d&b)Riverstone Com njr:4i P-11396 P8•10/ ,6 5,195 50 5,335.25 PR 10/615 adron 10119MO 10106 (d&b)Rn,Bretone Comundi P•11407 PR 1012Of06- 411A0 5746,25 PIR 10MO6 adiron 111D2/06 1M6 (d&b)%verstone Communai P�l 1538 PR IIt031w 1,047.DD 6,793.26 PIR I1/03/D6 adiron 1 V02106 1110E (cab)Riversicne Correnunitl P-11638 PR 1vC3106• 8CAO 6,673.35 PIR I I1=06 adiron 1111610E 11/98 (d&b)Riverstone Communitl P-1 1609 PP.I!A7/06- QUO 7,353.35 PIR!1/',7106 NetCnange=7,383.36 7,363.36 =Ending IIIII e= >�53.35 O.OG rNov, 16,` 2 6 2 '.ZNN ver,tona wo. GIT� I[ TC .54714E�... H (Z� � ` Cu . cpl g o � m 41 e a, a cn � x Ilk fez �p y� T ��J C fz4_ P,oU 16, "[bUb l• 4r'NIversone vo. Gila Y •�JJY rY�7� 1111� Y1vuu�vv• •.��Y��u�r••� �r,���Y..� i..�• �Y vi - � r ' Y oil a.3 a N � r l e G ,•� � rcirnarl�c:.:n i —k ;WQ13 �°68 96F1p. 62-d35 , �ov. lb• 't0110 [:4 s re o, ClLb 4 -L8-206o m:,aer rmJi4� TGa9547240751 P.1 . ; HB � - N vil L $ � . 0 70 � O X O h` � \1 Nov, lb, 2H6 2:04PMi riveIstone No, 6123 P. 2i2o? age Iofl .1l� '46 t Home r F1nd An Agency e A to Z.Guide Search Property Tax Broward County Board of County,oommlnieners Records finance and Administrative Services Department Revenue Collections Revenue Collection Division Horriepage Governmental Center Annex 115 South Andrews Avenue FT, Lauderdale, FL 33301 (054) $31.4000 FAX(954)468.3410 To make a payment,scroll down to the bottom of the page and follow one of the secure payment links, Please Note:The Information contained herein does not constitute a title search and should no:be relied an as such nor should the amounts listed be used for Closing at payoff, Pro rt valuations are updated annuatly in November, unless corrected by the Property Appralser's Once. Numbarl 11203-00-06500 Owner tk Addreasr Data: 11/16/2006 ADIRONDACK ASSOCIATES INC Tax Year: 2D06 922 S FEDERAL HWY DANIA BEACH FIL 33004-4315 Total Assessed Value: $1,006,430 Exemptions: Taxable value! $1,005,430 Gross Tax Amourie $35,411.84 Mlllage Code! 0443 Legal Description 3-51-42 (1st four lines): S 300 OF NEI/4 OF NE1,14 OF SW1/4 LYING E OF CO RO LESS E 203 OF Current Tax: Amount Duel $33,99c,37 Date Receipt Nam. Amount Paid Data Reatipt Num, Amount Paid Unpaid Delinquent Taxaei *NONE° Year Cart YTINum Current Payoff If Paid By* Next Payoff If Daid Dy'r Other Comments: You will be assessed a convenience Fee tar online payments with a credh card or a bank carts. No convenience fee Is assessed for payments by check. Convenience Fee Schedule WAY BY PAY BY CIII If CARD CHECK Terms of Use•Contact Vs http/,Ibcegov.co,broward.fl.U&Irevenue/detaU.asp?AccountlD=Al1203 00-06500 I1/1612006 lax'�Vy. 16, 2006 2,31PM iv2r e Nc: 61'?B Page tof, 0 home F Find An Agency 0 A to Z Gulde Search Property Tax aroward County Board of County Commissioners Records Finance and Administrative Services Department Revenue Collections Revenue Collection Division HomepaBe Governmental Center Annex 115 South Andrews Avenue ft.teuderdale,FL 33301 (954) 831•400D FAX (954)468-3410 To make a payment,scroll down to the bottom of the page and follow one of the secure Payment links, Please Notc;The info. Ctlon wntalned herein does not Constitute a title search and should not be relied on as such nor should the amounts listed be used for closing or payoff. Property vafuatl;h5 are updated annualty In November unless Corrected by the Property Appralser'e Office. Number 11203-72-00100 owner&Addressi Date: 11/16/2006 ADIRONDACK:ASSOCIATES INC Tax Yearl 2006 370 E MAPLE ROAD Fi 3 BIRMINGHAM MI 46009 Total Assessed Value: $351,100 Exemptions: Taxable Value; $351,I00 Gross Tax Amount? $7,984.93 Millage Code: 044.3 Legal Description TACO BELL AT DANIA (lstfour lines); 166-32 B TRACT A Current Tax: Amount Due: $7,665.53 Date Receipt Num, Amount Paid Date Receipt Num, Amount Paid Unpaid Dalin cent Taxes: '" NONE' Year Cart Yr/Num CP"t If Paid By* Next Payoff If Pold Byr ff Other comments: You wig be assessed a convenience fee for cnline payments with a credit card or a bank card, No Convenience Pee is assessed for payments by check. Convenience Fee Schedule :a MM PAY BY PAY i3Y CREDIT CARD CHEd�t Terms of Use•contact Us http:,'Negov.co.browa d.fl.us/reventie/detC,asp?AccountID-A11203-72-00100 I V1612006 ZUUS L', �tr1 VE 'st,gP to, � 110 " 1of1 r, G Home i,Find An Agency I Starch Property TeX Broward County Solird of County Com Records Finance and Adminictrative Services C Revenue Collecti, Revenue Collections Governmental C homepage 115 South Anar Ft. Lauderdal (954) 0314003 FAX;gS, To make a payment, scroll down to the bottom of the page and follow one of th, Payment links. Phase No:C: T7)e Inf>nr.lil contained hereln does not consirt P a title search and chi not ai 5J!:h nor Should the amounts listed be used for closiog pr payoff. Property valuation are[t pdated annually In November, unli corrected by the Property ADJra I: Numbert 11203-00-0654 Owner ®Address: Date: 11/23/2005 ADIRONDACK ASSOCIATES INC Tax Year: 2005 -.-r—�— M S FEDERAL HWY DA:IJIA BEACH FL 3.3004.4315 Total Assisted Viii 4735,'-30 Ex(Nmpt9ana: Taxable Valuo: $735,130 Gross Tax Amount: $30,39S.09 Mlllage Code: D443 r Legal Description 3.51.42 list four lines). S 300 OF NE11A OF NE1/4 OF SW114 L'r1NG E OF CO RD LESS E 203 OF Current Tax: Amount Due: $29;108 L "e Date Receipt Num. Amount gold Do he Receipt Nurm Am Unpaid )GUnquent Ti * NONE Year Cart Yrjriq Current Payoff If paid By• Next paynFr EP Other Comments. You will be aasessed a convenience fee for online paymel49 with a credit card or a bank Car Convenience foe 1,assi for payments ay check. Corrreniaroe Fee Schedule u�k .i 99wev. wF 'PAY lify VAy ey CREDIT CARD crgEcV. Terms of use .Contact us trttp:/.bcegov.broward.org/revenue/detaii.asp?Accc)l: ,ID=A1120_-00-06500 11/23/2005 NCV. ';6 Z006 1 3 2 P V ve rs1 on,E 7 �...��z.aaoo 1169.334 2uu5 grAL ESTATE Rpy/App COUNT F108TGA N6fICS OF J(f7 A♦l�ii$M;TA766& AIM N(NN,+AD VALOREM ASSESMI'AENTS PRCWERTY 'IpEftiTirlCATIpN N'" ESCRpvN' Cp' " 'cSSED dA�UE kX:ERAP'tdY9S -t. TA;Y.AAL.E VALAn W3 TAGD BELL AT DA1CIP. 'AY Yp R 'rA 5 ON I N8 PST; T��T �` xttta�ww�a,.6ro�ra�.ox 9llx ev�;nue n 5 t[{IST HE BADE N U.S: ,AD,IRpNUACR ASSOCIATES INC ff.Ni.Ii9DS•. -E'.,"gel ffiM,�kI'3 FL3 45009 Ait1xG A1t7161M1T/ 9 Wp(3C BFN4F ihk.Ab�-!4tVF' _ i,A'kF•.le kb B CN'PY aPEFiATaNCs 5 1 ,764..70" eI"rAz eRaacrs 41` DEBT SERVICE 1 ,722. SCR O(L HA,�}���ppUj� N FUND 5. 41 589.84 DIESTT5E 31, 2.2201 I'POST 7 SFi .DI TRI'CT ,284 OKZEC90BEE BASIN : 1.30 2C.44y avghGLADES C P 427 .E S BRWD FOSP17AL OPER 1• 124.7 fHILDREN Vs CoTmOr.- 6, _1�'8.94.54 _...._._ _ 52.02 DEBT SERVICE 5 11.35 EL INi.AND NAVIGATION 00 fdlYt ,Z,A :V:4A?� A,D ,Wrl9Ex.'IR#i:" t lammov 1EWMG AUIiNi1TY � kkOLRiI 3377 $$2 7DDAp A' STOIt?4 WATER 20.7D xox Ab rN3Mtx A ssR n i. 98.22 7,348:?5 P • OHUY TEIT EiSS six ioA CO WfP TfJCE9;.4NQ AS$ES&WI,6NYi§ . .Mt311fYS�.. �m>OW AM ftroAAA7WN 2005 WARD COUFM, fLORIDA NOTICE OF AD VALOREM TAME AND NON AD� 11EM ASSESSfdENTS PROPERTY IITIFICATION N0. ESCROW CDA$SESSED VALUE EXEM?TIONS i TAXABLE VSiUE G" _7 _ 294,920 I 2( 4 920 04 TA 0 BELL AT DANIA Tb32 B SAT YOUR TASES ONLINE 1�T: NACT A Ittp /Lwww.rbEroward.org(revenue ?AwmaS -MUST BE MADE IN U.S. PUMDS. KpIRONDARK ASSOCIATES INC 370 E e,LE ROAD FL 3 BIRMINWAM MI 48009 WA-q CHECKS PAYABLE TQ%aeowARD CDjm REVENUE CaLECTOR6UVERNA£N7LL CEN RR 4xnEC 06 S. AWRtYnEmm 200 DEC B ,aa O4.5 JA6I0F7 7P e a 6 -- _�_�_„„„ „,.�..�. .,nnn nnnnnn•r nnnn•Irtnnn nnn9 2 ' 6, 2G06 2:4` FM riversIooe N' F, "I General Ledger (Accrual) tir1 Ft" 512Da6 Adirondack Mobile Home Park- (adiron) 12:19PM January 2004 - December 2004 Pro Dale Period 26acriPtlon .� Control Refer Debit Credit palence R6marka 58DOO-000 Tam-Prop" 0.00 'Beginning Balance= adiron 01/01104 01104 (:Recur 321)2DO3 Tax$31,8 J-13786 RETAX 2,651.87 2,551,67 Monthly Tax Accrual adiron 02101!04 02I04 (:Recur 321)2003 Tax$31,e J-14196 RETRY. 2,66187 5,303.74 Monthly Tax Axrual adiron 031DII04 03104 (:Recur 321)2003 Tax$31.BJ•14493 RET.AX 2,651.87 7,065,61 Monthly Tax Accrual adiron 0001104 04104 (Recur 321)2003 Tax$31,eJ-14806 RETAX 2,661.87 10.,607A8 Mdtthly Tax Accrual adiron 08MV04 OW04 (:Recur 321)2003 7ax$31.8 J•15340 RETAK 2,651.87 13,2M$6 Monthly Tex Accrual adiron 05/01/04 OW04 (:Rear 321)2003 Tax$31,8 J-15810 RETRY, 2,60167 1-,911.22 Monthly Tex Acuual adiron 0710110407104 (:Recur 321)2003 TRY$31,8J•i821) RETAX 2,651,87 i6.563,D9 Monthly Tax ACOruaf Acimn 04ID110408/04 (:Recur 321)2W8 Tax$31,8J-16459 RETAX 2,0187 21,21496 Monthly Tax Accrual adron 09/D1!0409104 (:POCVr 321)2003 7ax$31,3 J.15744 RETAX 2,651.87 23,868,83 Monthly Tax Atcrual admo IOtD1/0410104 (:Recur 321)20D3 79X$31,11 J-17036 RETAX 2,651.87 25.518,10 Monthly Tax Ar.-rual adiron IVOV041VO4 (:Racur321)20037w$31,8JAM3 RETAX 2,651,87 20,170,57 Monthly Tax Aantal adiYcn 12l0110412104 (:Recur 321 2002 Tt%!$31,8 J-17692 RELAX 2,01.87 31,822.44 Man' Tax Accrual adiron '!W110412l04 J-2222D 23,866.83 7,955.81 Cbae 8130r04 P&L adiron 12/31/D4 12104 11•22M 2,436.09 10,391.70 AdjuS[PrOPLRy?OXes Paya NotChengaa 10,321.70 10,31)1.70 a Encgng Batanca 34 258.53 23,868.83 N0V. 10. L 0 t; J �yi fIY? i5?i'n: °. ' •• . . general Ledger (Accrual) ttpapi16iI Adirondack Mobile Home Park- (adiron) 12:19 FM January 2003 - December 2003 Propepty Date Parfod De3cri q-C! Control Refer Dow _ Crock fialanca Remaft _ 68000.ND Taxes-Prop" 0.00 66glnning 6elortcc adiron 01101/03 01103 (:Recur 239)20v2 Tax$23,0J-10294 R97AX 1,92C,49 1,920.40 Monthly TexA=mal adlfon 0210110302103 (:Recur 239)2007Tax$23,0J-10526 RETAX 1.92a49 3,840,98Mon1hlyTaxAwwnl adiron 03/D1r03 03103 (:Recur 239)2002 Tax$23,0 J-10102 RETAX 1,92CA9 5,761.47 Mon yTax Accrual adiron 04/01fD3 04103 (:Rear 239i 20D2 Tax$23,0 J•11211 RETAX 1,920.4E 7,681.96 Monthly Tax Accrual adiron 05101/03 05,W (:Recur 23%2002 Tax 1 3,0J-1105 RETAX 1,920.49 9,602.46 Monthly Tex Accrual adiron 05/01!03 003 (;Recur 239)2002 Tax$23,0 J-1 1715 RETAX 1,92C.4S 11,522.94 Monthly TaxAocroa! adiron 0710110307/03 (:Recur 239)2002 Tar.S23.0 J•11937 RETAY. 1,620.49 13,443.0 Monthly Tax Accrual adiron 08/01101 09/03 (:Recur 239)2002 Tax$23,0 J-12205 RETAX 1,920.49 16,363.92 Monthly Tax ACuual adiron 09/01103 09/03 (Rear 23%2002 Tax$n.0J•12549 RETAX 1,02C.49 17,284.41 Monthly Tax Accrual adiron 10101100 10/03 (:Recur 239)2D02 Tax$Z3,0 J-12889 RETAX 1,920.49 19,204.90 Monthly Tax Accrual adiron 11/01)0311103 (;Recur 239)2002 Tax$23,0 3-1316$ RETAX 1,920.49 21,125.3E Monthly Tax Accrual adiron 12l01/03 12/03 (:Recur 239)2002 Tax$23,0 J-13477 RETAX 1,92C.49 23,045.88 Monthly Tax Aearuel adiron V131,,V 1A03 (Year end) J-1.5088 6,109.25 29,155.13 Adjust Prepold Property Tex NatChongl =29,/66.13 20,166.13 -Ending aatame 29155.13 p.00 INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Lester Garcia Dania Beach Code Compliance RE: Request for Abatement Case # 06-0886 Adirondack Associates, Inc. 922 S. Federal Hwy. DATE: 11/14/06 The Special Magistrate, after hearing testimony on 11/13/06, recommended abatement of the lien on the property located at 922 S. Federal Hwy; reference case # 06-0886, to the amount of $30,000.00 to be paid within 30 days or any other amount ordered by the City Commission. CITY OF D NIA BEACH CODE COMPLIANCE Les Garcia, Code Enforcement Ig AGENDA REQUEST FORM CITY OF DANIA Date: 11/13/06 Agenda Item#: 3. 1 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Adirondack Associates, Inc. — Case# 06-0886—922 S. Federal Hwy. Summary Explanation & Background: This originally went to the Special Magistrate on 08/14/06 for 1 repeat violation. The Special Magistrate issued a Final Order levying a fine of$500.00 per day to be back dated as of 05/26/06. The fine ran from 05/26/06 through 10/03/06, 130 days at$500.00 per day = $65,000.00. On 11/13/06, this will be presented to the Special Magistrate for an Abatement request and the recommendation will be supplied after the hearing. Exhibits (List): (1) Copy of the original violation letter issued. (2) Copies of the Final Order and Order Imposing Fine issued by the Code Enforcement Board. (3) Copies of the original Notice of Hearing on 8/14/06 and the Notice of Hearing for Abatement on 11/13/06. (4) Copy of minutes from the 8/14/06 special magistrate meeting. (5) Copy of the original complaint. Purchasing Approval: Prepared By: Lester Garcia —Code Enforcement Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Special Magistrate will be making the abatement recommendation on the 11/13/06 hearing. This document will be provided at the Commission Abatement Hearing. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk sw City of Dania (Beach Florida #06-0886 Adirondack Associates Inc 922 S. Federal Hwy. Dania Beach, FL 33004 DATE: z o C PROPERTY ADDRESS: Q22 You are notified that you are presently in violation of the following Code of Ordinances, City of Dania Beach, Florida: Chapter 13, Health and Sanitation: Accumulation of garbage, litter, unattended vegetation, stagnant water, discoloration. Some trailers are in a state of disrepair. The above listed violation(s) is a repeat violation, as defined in Florida Statute 162.04(5). You must bring the violation(s) into compliance immediately and call for a reinspection. Pursuant to Florida Statute 162.06(3), your case will be presented to the City's Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate hearing the case. You will receive notice of the date and time for your hearing before the Special Magistrate on the above listed repeat violation(s). If you require further information or have any questions about the above violation, please contact the inspector listed below. Code Inspector 954 - 9 z4. 37o S I certify that an original hereof was furnished to the above named addressee by Certified Mail # 7ooi 014c 000z e;c ')► SC9l ** You may be fined up to $500.00 per day per violation for each day the violation(s). continues, beginning form the day of the first inspection. As soon as you correct the violation, you must call the code inspector for a reinspection. Z� O A 1�- Ln Ln m'm ru , cm �o m 0 o 0 Er rl G > p 1. O O = M �^ O M CD � O Z Co LL E N N m O�> N O U rG CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida municipal corporation, Case Number 06-0886 Plaintiff, FINAL ORDER AND ORDER IMPOSING FINE (Repeat Violation) ADIRONDACK ASSOCIATES INC. Respondent/ The CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 having received the Affidavit of Code Officer Theodore Perez on the 14th day of August 2006, and in accordance with Florida Statues 162.04 (5) and 162.09, the SPECIAL MAGISTRATE states as follows: a. The SPECIAL MAGISTRATE has jurisdiction of the Respondent and subject matter of this action. b. Respondent, Adirondack Associates Inc., did allow the following code violation to exist at property Respondent owns located at 922 S. Federal Hwy., Dania Beach, Florida, which property is legally described as: 3-51-42 S 300 OF NE 114 OF NE 1/4 OF SW 1/4 LYING E OF CO RD LESS E 203 OF S 200 & LESS ST RD (#1 203 00 0650) to WIT: Chapter 13, Health and Sanitation: Respondent has allowed an accumulation of litter, including rubbish, trash and refuse, on the subject mobile home park property. Final Order and Order Imposing Fine Case#0"886 C. Respondent has previously been found to be in violation of Chapter 13, Section 13-23, failure to remove trash and debris on the subject property by the Code Enforcement Board within the past five years. Cl. Upon consideration thereof, a motion was made and carried. IT IS THEREUPON ORDERED: 1. For the repeat violation found herein against Respondent, Adirondack Associates Inc., the City of Dania Beach shall have and recover from Respondent, Adirondack Associates Inc., a fine of$500.00 per day beginning May 26, 2006 and continue until the property is brought into compliance. 2. The fine shall continue until said violation is brought 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 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. 3. 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. DONE and ORDERED at Dania Beach, Broward County, Florida, this _7 day of P a,, j L 1 , 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGI T By: a E. man, Esq. 2 Final Order and Order Imposing Fine Case#06-0886 SWORN TO and SUBSCRIBED before me this 17 day of � 1tQ�Y+��yI1� 2006, by Mark E. Berman, who is personally known to me. Notary Public SHARIANN PE ON '? ',. Notary PublIC-Stf Florkfa •:MyCanr�nF�g9 11,2008 %jE :° Commisslon# 8233Bonded ByNatinaryAssn, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Final Order and Order Imposing Fine was mailed to the Respondent, Adirondack Associates Inc., at 922 S. Federal Hwy., Dania Beach, FI , this '7 day of , 2006 via U. S. Certified Mail No. 7001 1940 0002 6631 2248. 1 lt.K!h ) Acting Code Enforcement Special Magistrate Clerk 3 po p mPh IT ? uj o 2 _ DO m C.D z a 9 o v c IZ w o w wo N w� ap O O O y- w 0000 Ic no c $¢ z¢ g 4t Q C3 a $ D 4t lsTi 2 '5o Ty N a o ru cn o 6❑ oo cr 6h22 TE99 2000 Ofi6T C a oo Q. `. a � o` w wx L x ti ru �® O RI n F fD y a � 0 „ 2 o' A�� J� �13 /� 1. � 'J �4) 1y}�: �•�y+� `}-y. q : ) f ) f� D n J (Z SPECIAL MAGISTRATE DANIA BEACH CODE ENFORCEMENT 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case # 06-0886 Plaintiff NOTICE OF FORMAL HEARING VS. ADIRONDACK ASSOCIATES INC Respondent TC: ADIRONDACK ASSOCIATES INC 922 S. FEDERAL HWY DANIA BEACH, FL 33004 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section(s), Code of Ordinances, City of Dania Beach, Florida. CH 13, SEC 13-23 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT will hear and try the alleged violation at 6:30 P. M. on August 14, 2006 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. IMPORTANT—READ CAREFULLY l. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Enforcement Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Enforcement with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is 10 be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Enforcement Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3622 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida, this 27`h day of July, 2006. Dania Beach Acting Code Enforcement Clerk By: Shariann Pearson (954)924-3646 Certified Mail 7003 1010 0004 8918 7148 Also sent regular mail ƒ ® z ¥ 7 | � f,!| , - ;2 ! • OD ' o � > $ \ / \ ` \ \ \ \ !°$ ; 2& . § cn ! / \ ; wo ° 0 / ` > ! 2 \ \ / ` % /!»K{ > § > . n ® \ \ 7 | !/ 7 \ ® I!B % § / 03 | r !a s > > \ | ® ) » ^ m � m ) |/ - i ` i❑t ❑ $ . . . ! § k d | 3 of AFFIDAVIT OF SERVICE #06-00000886 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, this day personally appeared TEA aA D o R C- Ct'n t who after being duly sworn, deposed and says: 1. That he is Code Inspector of the City of Dania Beach, Florida, and in that capacity did serve a true copy of"NOTICE OF HEARING"(copy of which is attached hereto as Exhibit"A")on defendant as named in said notice as: 922 S FEDERAL HWY E10, Dania Beach, Florida, 33004 or by posting a copy of"NOTICE OF HEARING"on the property at 922 S FEDERAL HWY E10, Dania Beach,Florida, 33004, and on the bulletin board at City Hall of the City of Dania Beach, Florida, at 2' Z M. on the .3 day of go(,, )S r- , 2006. 2. That further affiant sayeth naught. AFFI N SWORN and subscribed before me to this3vd day of_ t_dl, 2006. -TRLpC.lbrY- IS PERSONALLY KNOWN TO ME. �. ==LA RESTREPO 4Notaryyc E %_Notary PuWlo•State of Florida 3Comml�lon M DD316107 Bonded By National Nokxy Am SPECIA L MAGISTRATE DANIA BEACH CODE ENFORCEMENT 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case # 06-0886 Plaintiff NOTICE OF FORMAL HEARING (Abatement Request) VS. Adirondack Associates Inc. Respondent TO: Adirondack Associates Inc. 922 S Federal Hwy Dania, FL 33004 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section(s), Code of Ordinances, City of Dania Beach, Florida. CH. 13, SEC. 13-23 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT will hear and try the alleged violation at 6:30 P. M. on November 13, 2006 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. IMPORTANT—READ CAREFULLY 1. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Enforcement Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Enforcement with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Enforcement Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3622 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida,this 30' day of October, 2006. Dania Beach Acting Code Enforcement Clerk By:��,Y�/�1 I� O(nc1lfY�i S/ hariann Pearson (954)924-3646 Certified Mail 7006 0810 0003 7724 2463 Also sent regular mail 7006 0810 0003 7724 2463 d �C > O ma 3m3 t3 r). CIO O 00 .n y C 00 a t1 x• as a w CD X $ 8 e w A y [7 FCD 3 . C4 C� Q n i ��q,�g� p Complete Items 1,2,and 3.Also complete A s ture 1 ' Item 4 if Restricted Delivery Is desired. '� j� ❑Agent I Print your name and address on the reverse 0 Addressee so that we can return the card to you. EYIi6cely by Printed of Delivery Attach this card to the back of the maiipiece, /� , I or on the front if space permits. D. Is delivery address t from Itym 1T Article Addressed to: It YES,enter del ive ad ress w: YN 2006 06-0886 LI S Adirondack Associates Inc 922 S Federal Hwy 3 rvlce Type Dania, F133004 V Certified Mail 0 Express Mail egistered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restdcted Delivery?(Extra Fee) ❑Yes 7006 0810 0003 7724 2463 S Form 3811 Febivary 20tM' pt - 102595-02-m-1540 AFFIDAVIT OF SERVICE # 06-00000886 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersi ed authority,this day personally appeared �.�epno2F I xE2 who after being duly sworn, deposed and says: 1. That he is Code Inspector of the City of Dania Beach, Florida, and in that capacity did serve a true copy of"NOTICE OF HEARING"(copy of which is attached hereto as Exhibit"A")on defendant as named in said notice as: 922 S Federal Hwy, Dania Beach, Florida, 33004 or by posting a copy of"NOTICE OF HEARING"on the property at 922 S Federal Hwy, Dania Beach, Florida, 33004, and on the bulletin board at City Hall of the City of Dania Beach,Florida,at ;Z3 A.M.on the 2 day of - S R, 2006. 2. That further affiant sayeth naught. AFFIANT SWORN TO and subscribed before me to this Jt)J day of /V LWMV( , 2006. —Vuy CL /? PtRk IS PERSONALLY KNOWN TO ME. Notary Public ANA KARIA RESTREPO 'y, `ro•_Nofary Public•State of Flalda • 3ulyCpnNmbnF�UesMW4.2006 Commts9l)n N DD316107 �°!,t;a• gpnded By Natbnat NoMryAvn. Monday City of Dania Beach August 14 , 2006 100 W Dania Beach Blvd 6:30pm Dania Beach. FL 33004 MINUTES SPECIAL MAGISTRATE 1. Those Present: Mark Berman, Special Magistrate Tim Ryan, Special Magistrate City Attorney Nicholas Lupo, Code Enforcement Manager Shariann Pearson, Acting Code Enforcement Special Magistrate Clerk Helen Ceaser. Assistant to the Clerk Gary Phaneuf, Code Inspector Theodore Perez, Code Inspector Warren Ostrofsky, Code Inspector 2. Special Magistrate Mark E. Berman called to order the August 14, 2006 Special Magistrate meeting at 6:38pm. 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. Dania Beach Special Magistrate Minutes 1 8/14/06 a T 0 O a U w N= O N N W O O m O N N N C g m c E N0 a Hm @a n @M c @@ ZE o � cc E mof E o-d m o0 sJNN o So .N O � NOQT @ U TO O m ofA 00fOA O O O i� N O 90 N N NN pO UcJC `mOCE `J.m mC � mo E Eav O 0000 OO CwO I CcOJ mmOC I a N@ L. »�Nj =g oOO aONN a MUE `oM - 8 wVU E M MOm NVmI in inM � a m L T U Q = ` C m T m v � @ d p O Z m •- p Z f/J > « N t0 O m N 0 a W 0 v � A m W J N N @ O U K u U U ma C � J J C N C L J J 5 W v EU a�i w m m @ an d c_ E N W E E c E `m d o o `^ 0 L m UE _ m> >m r 0m O O Y@OQ ° O O U m n m J -mo iY m O N m m N r N m L m r w o t t rn m m m @@ O m -O O V@ C5 jp O U T._ m m m C 2 2 li Z Q U K Z m - Q > v it p� O N N N O y a1 N N Q N Ol O V l? W y m O co R O O O 6 9 O O 9 O U o o U o 0 0 0 0 44 0 0 0 0 0 0 0 0 0 m a v N U CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT tj 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004 . , a�1 f Phone: (954) 924-3646 Fax: (954) 922-2687 r Centennd CODE ENFORCEMENT DIVISION VIOLATION COMPLAINT FORM Date/ Time Complaint Observed: Address of Complaint: � �v /C6 D4G lt.L Mg/r T,VPe of Violation: [ Abandon licensed Vehicle ] Work without Permit O rgrowth of eeds or Grass ] Junk or Trash on loped Property [ Other (Please specify below): SFE ?°c S . For Vehicle violations indicate the Make, Model, Color and Year of Vehicle: If you want to be contacted with information on the status of this violation please print your name, address and phone number below: Your Name: D. /0�11e C /t c /q Phone Number. 'rr 6.T1 Your Address: Fax Number: For Staff Use Only: Date Received: Received by: Violation Observed: No Violation Observed: INSPECTOR NOTES: Action Taken by Staff- Date Action Taken Violation Issue Resolved.- , Date By: !1C- STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION April 18, 2006 D "6t, Mr. Jean Mark Taylor RyR �aw, 922 S. Federal Hwy, Lot A-1 Dania Beach, FL 330C4 Jeb Busn Re: Adirondack Mobile Home Park Governor Investigation Case No. 2006019276 Simone Marstiller Secretary Dear Mr. Taylor: Division of Florida Land As discussed in your April 7, 2008, telephone conversation with William Parmer, sales,Condominiums and Investigation Specialist I, your complaint has been assigned to me for investigation. Mobile Homes The Division also received a similar complaint from Mr. Gilles Caron and Mr. Lazaro Compliance Mobile Homes section Rodriguez and has combined their complaints into this investigative case. 1940 North Monroe Street Once I have completed my investigation, I will notify you in writing of the outcome. I Tallahassee,FL will keep you informed during the course of the investigation. 32399-1031 The following is a summary of your conversation, and confirms the issues you VOICE agreed on that will be addressed during this investigation. 850.408.1122 FAX 1. Your complaint claims that the park owner failed to maintain the mobile home 550,488.7149 park. E-MAIL The Florida laws that regulate mobile home park specifically states that.the Division CaNCerterCgoepr state.fl.us does not have the authority to regulate the requirement of the park owner to INTERNET maintain the mobile home park. Therefore, we are unable to pursue this issue w .MyRorija com,dbpr further. You may want to contact your local code enforcement office for potential violations of local codes or you may want to discuss these issues with your attorney. If you do not have one you may contact the Florida Bar at 800.342.5011 for a listing of attorneys in your area. 2. You stated that the park owner changed the method of billing for water and sewer in the park and that you believe he is over charging the mobile home owners for this service. In order to continue an investigation into this matter I will need to have a copy of the billings you received at least 6 month prior to the change and the months after the change of the system for billing the mobile home owners for water and sewer. I will also be contacting the park owner requesting that they provide the Division with additional information and documentation on this issue. 3. You stated that the park owner is retaliating against you because you formed a homeowners' association to represent the homeowners in the park. Mr. Taylor Page 2 April 18, 2006 Please provide the Division with specific information on how the park owner is retaliating against you so that we may be able to make a decision on how to proceed. 4. You stated that the park owner failed to attend a meeting with the homeowners to discuss the change in the billing for water and sewer. The Division would need additional information concerning this issue. Were you given a 90 day notice of a reduction in services for water and sewer? The only notice in your attachments is a notice dated January 31, 2006, that had an effective date of February 1, 2006, for the change in the billing for water and sewer. In addition, I will need any documentation you have supporting a request by the home owners to meet with the park owner to discuss the reduction. 5. You stated that the park owner has misused the eviction process by not giving appropriate notices. Please provide the Division with a copy of the notices that you were given other than the ones included with your complaint so that we may determine whether the eviction notices were according to the Florida laws that regulate mobile home parks. 6. Mr. Lazaro Rodriguez stated in his complaint that he was evicted from the park improperly and was intimidated into leaving his home and wants to return to his mobile home. When a mobile home owner receives an eviction notice due to non payment of the lot rental amount, it is a notice of the park owner's intention that he will pursue this eviction case in your local courts. The homeowner is notified by the court of a hearing date when a county court judge will review the issues in the eviction case presented by the park owner. At that time the homeowner may also inform the judge their reasons for the non payment of the lot rental amount. The judge will make a final determination on whether a homeowner will be evicted from the park. This may be an issue that Mr. Rodriguez would want to discuss with an attorney and if he does not have one he may contact The Florida Bar at 800.342.5011, for a listing of attorneys or Legal Aid offices in his area. If you have any questions please give me a call at 850,487.0747. Thank you for the opportunity to be of service to you. Sincerely, BUREAU 0 I E / E yn Investigation Specialist II cc: Mr. Lazaro Rodriguez /Mr. Gilles Caron Email: evelyn.ciark@dbpr.state.fl.us DEMAND FOR RENT ABATEMENT From the Adirondack Mobile Home Park Home Owners Association Inc. 07/08/2006 Riverstone Communities/Adirondack MHP 922 South Federal Hwy. (office) Dania Beach, Florida 33004 Dear Landlord: I am writing in regard to repairs that are needed to the common areas of the park and rent abatement I (We) are entitled to for living with these repair problems. As you know, our park has a deplorable Mail / Laundry room, and that many of the mail boxes therein are in a state of disrepair thus leaving the contents vulnerable to whatever may be. I (WE) also noticed that the water valve main unit whereas the city water enters the mobile home park. Its inspection tag has since expired yet there has been a Surcharge applied to our water bills. There are also many abandoned, and or neglected mobile homes as well that pose both a health & safety concern for the residents here. I filed a complaint with the city of Dania Beach code enforcement on April 17`h 2006, and provided them with pictures of the problem areas as well. City inspectors did visit Our park shortly thereafter, but as of yet I have seen no resolutions to the issues on the complaint. The parks private drives are also in a dreadful state of disrepair as well and need to be paved. This is simply normal road maintenance for any community like ours in Dania Beach. As I have noted in previous letters, these problems threaten my (our) health and safety. They diminish my (our) full normal use of the Mobile Home Park. Therefore, I (WE) are entitled to rent abatement since the day I (WE) moved in and continuing until these problems are fixed. There are many issues within the park that can, and are being addressed by the State of Florida Division of Lands investigators. This particular issue is covered under the Florida Mobile Home Act; although they do not have the power to enforce such alleged Violation covere.! i; 1'-.'2 of use Florida Statutes. Please note that we wish va you formally agree to, and comply with are request that these problems be corrected in a timely manor without delay. I (WE) strongly prefer to rcim, to a written agreement with you regarding a specific percentage and duration of rrnr aoatement. To the end, I (WE) will expect a response from you withi or k (3 days of the date of this letter. If you fail to respond, or if —nnot an,ree on an amount of rent abatement, I am aware of my right to ta'... anion under FL Stats. 723.022 I look forward to your prompt response and resolution of this issue. Sincerely, J. Marc T. s. Federal Hwy. Lot Al Dania Fla 33004 I IOMFMM NERS AssocIAI ItIN 922 S.federal 11vm I of AI Dania Beach, 19orida 33004 ADIRONDACK MOBILE HOME PARK. / Riverstone Communities. Dania Beach Code Enforcement, July 9, 2006 This is a follow up letter to the complaint tiled by our President Mr. J. Marc Taylor on April 17. 2006. He had notified you of the fact that there are abandoned homes here in the park that are a HEATH &SAFETY concern to the residents of the mobile home park. They harbor PEST, and at times HOMELESS as well. We had provided you with pictures of the homes in question, and we were pleased when your officials actually showed up. The park manager and his boyfriend on the other hand were extremely upset and rolled up in front of my home on Tenth Street in this red golf cart. The manager Steve nelson knocked on my door,and then he and his mail companion proceeded to tell me how my actions were causing them griet: He also said that 1 had better stop calling the code enforcement on the park or it will cost nre my hone when the Park is shut down for these violations. I said that if they were to manage the park in a professional manor we would have no need to call. The other concern that we had brought to your attention was our issue with the Water, and how we are billed. We provided you with a letter that shows that the water Main Valve has not been inspected since Jute of2005. We also showed you that the park has added a SURCHARGE of 532.50 to om water bill. Under Florida law this is not allowed unless they are to cover actual cost of upkeep and improvements to the water system (SUCH AS INSPECTIONS OF THE WATER QUALITY), and we have objected to this charge since its inception. We will expect that your response to this letter be handled in a professional manor, and that no Hone Owner, Or Membenof the Home Owners Association is compromised, or approached as an individual without witness or representation. All responses to this letter should be made in uniting and addressed to the Adirondack Mobile Home Park Home Owners Association P.O. Box 184-4 Dania Beach, Florida 33004 It is our honest desire to have this resolved in a tinrely and professional manor; However if We do encounter any type of procrastination,or cover up?i We will take the appropriate steps to have tills issue heard by other higher Governmental agencies and or Members of the Media as required ensuring that our rights are protected from any improprieties that may take place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . A*9, 2006 Yes,this is a Mobile Home Park,but we are not all (Trailer Park Trash) or by any means uneducated! Please conduct yourselves accordingly,and have a great day. J. Marc Taylor (P ondack Mobile P O. A Cct-L C,illes Caron (VP)Adirondack Mobile Home Park H.O. A ��UL� `**PLEASE NOTE****ANY RETALIATORY CONDUCT BY THE bIOBILE HOME PARK -i CITY OFFICIAL. OR ANYONE IN AUTHORITY TO CAUSE FLIRTER HARDSHIP ALAI AST THE HOME OWNERS ASSOCIATION [VILL BET 4 KEN AS A I'FRY SERIOUS BRF,,I(.:II OF FLORIO:I L;!W AND WILL BE ACTED UPON ACCORDINGLY AS PFR FLORID.A l_.-14V. This will be posted in the Mail/ Laundry room, on the Managers Door at the Adirondack Mobile Home Park, and sent the City of Dania Beach, Florida. Notice to Correct Violations of the Florida Mobile Home Act. 05/23/2006 To: RIVERSTONE COMMUNITIES: And any and all others known to represent the interest of property hereinafter described premises: ADIRONDACK MOBILE HOME PARK. 922 South Federal Hwy. Dania Beach, Florida 33004. PLEASE TAKE NOTICE that you are in violation of Chapter 723 of the Florida Statutes. The violation(s) are listed as follows: Violation #1: (723.031) Held tenants accountable for more than just the lot rental amount. Violation #2: (723.037) 4(A)&(B) Failure to meet with a single Home Owner, or the Home Owners Assn. when requested via certified mail. Violation #3: (723.045) Failure to follow Utilities billing guidelines as defined by Florida Law. Violation #4: (723.014) Failure to provide prospectus. Violation # 5 (723.013) failure to provide absence of prospectus. Violation 46: (723.061) Failed to follow proper procedure for an Eviction as defined by Law. Violation #7 (723.035) Failed to post rules and regulations in a common area in the park. Violation #8 (723.0615) Park owners attempted to retaliate against me for my request that they trim trees before two Hurricanes, and for my efforts to better the park thru the inception of a Home Owners Assn. Broward Sheriffs Office case # (06041058). Pursuant to said Statute, you are hereby required to correct said violation(s) within 15 days after service on you of this notice, or you will be required to cease and desist all attempts at eviction in order to gain possession of the premises (mobile homes) of any of Page 1 of 2 the parties listed in the complaint DBPR (2006019276) or to collect any past due balances that occurred due to your flagrant disregard for the laws of Florida mobile home act. The undersigned will institute legal proceedings against you, to declare a forfeiture of the right to evict under which you are responsible to maintain due process under Florida Law.(723.031) (3) The undersigned does elect to demand the said violators cease and desist all eviction processes against any homeowner for non payments of charges not covered in (723.031) of the Florida Statutes pending the outcome of the States Investigation. The premises referred to are commonly known as: ADIRONDACK MOBILE HOME PARK, and is to include all home owners affected at this time by the Violations, or eviction process. 922 South Federal Hwy. Lot Al Dania Beach, Florida 33004 J. Marc Taylor(P) Home Owners Assn. Gilles Caron (VP) Home Owners Assn... Copies have been faxed to the Broward county Clerk of the Courts (954)831-5661, Riverstone Communities (954) 714-0751, and Ernest A. Kollera (954)565-2321the lawyer for the mobile home Park, and Steve Nelson the Newest Manager of the park (954)925-4645 A hard copy has also been sent to the Owners of the park in MI. via Certified mail. Page 2 of 2 Hrri-�c-Cuualrurv! it: ,c _n:lnri �„tiX)�54 577 'c13 P CO;ih51 Invoice Joe Millman Plumbers,inc. =80 SW 70th Avenue 01.2 Davie FL 33311 954.577-9445 FAX: 954-377.2313 $9.2809796 Invoice# J107629 Account# 106685 Date: 06/17/04 Page 0 1 of] Service At: ADiRONDACK.M. HP ADIRONDACK vMF 922 S FEDMAL KICHWAY 921—S FF-DBiL1L RICIIWAY DANIA FL 33004 DANIA I-L 33004 Service Date 06/171C4 PO# Job# 234150 RSCERr1F1CD BACKFLOW De+cription Of Service Quantity Unit Price 1'xterdcd Price T.% BACKFLOW 1 $123.00 $125.00 2ND I $50.00 SSO.DC $100.00 S100.00 Total S275.0C 7/15/2004 Payment 5275.00 Balance Due 30.0e Paid hi Full. Wcappecciatc your busincssi 1 TO: ALL HOME OWNERS OF ADIRONDACK MOBILE HOME PARK FROM: ADIRONDACK MOBILE HOME PARK, LLC DATE: January 31,2006 RE: NOTICE OF CHANGE IN UTILITY RATES We have recently determined that our park water and sewer costs are substantially higher than we have historically been billing the tenants. Although tenants have been significantly undercharged for water and sewer costs for an extended period, we will only be recovering our monthly costs going forward. Effective February 1, 2006, we will be revising your monthly water and sewer bill. The new rates reflect the base and usage charges that are billed by the city directly to the park, plus the direct costs associated with delivering water and sewer service within the park. On average, we anticipate a net increase of approximately $14 per month to the typical tenant's bill. This approximate $14 net increase will appear on your bill as follows: ➢ The addition of a $32.50 per month base charge for water and sewer ➢ A 71% reduction in usage charges per gallon for water and sewer—the average tenant's usage charges are currently $26 per month, and will be reduced to $7.50. While we understand this change may cause an increase for some tenants, it is important that we recover our monthly cost so we can continue to provide water and sewer services. 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Q1 C y IGO V C � C A Em YIf.. K4( el L'Tl� FLORIDA October 11, 2001 ADIRONDACK ASSOCIATES INC Case Number: 0-1608 922 S FEDERAL HWY DANIA BEACH, FL 33004 Location: 922 S . FEDERAL HWY Folio: 5142-03-00-0650- Legal Description: 3-51-42S 300 OF NE1/4 OF NE1/4 OF SWILYING E OF CO RD LESS E 203 OFS 200 & LESS ST RD Dear ADIRONDACK ASSOCIATES 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 10/25/01 . 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, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0003 5599 5765 by BETH DAGNON . "Broward's First City" 100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w .ci.dania-beach.fl.us . , CASE NUMBER 00-00001608 PROPERTY ADDRESS --- ---------------- - --------------- _ VIOLATION: PUBLIC NUISANCES QUANTITY: 1 DESCRIPTION: CH 13 , SEC 13 -23 LOCATION: DATE: 9/24/01 ORDINANCE DESCRIPTION Violation of Chapter 13 , Section 13-23 ; Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. CORRECTIVE ACTION REQUIRED All trash and debris must be cleaned and removed from the property throughout the mobile home park. All trash must be placed inside dumpster. Trash not permitted to be on ground outside dumpster. Property must be maintained. ----- ------- --- --------- ------- ____-------------- VIOLATION: CH 14, SEC 14-2 QUANTITY: 1 DESCRIPTION: CH 14, SEC 14-2 DATE: 10/11/01 LOCATION: ORDINANCE DESCRIPTION Violation of Chapter 14, Section 14-2 ; Junked and Abandoned Vehicles; Public Nuisance . The storage or parking of all - inoperative vehicles is creating a public nuisance . CORRECTIVE ACTION REQUIRED : All inoperative and unlicensed vehicles must be removed from the property. � © , / ƒ] 4 ! . 7 ! ! oeso ! o ` k ! ` j kE ±/ S § 000g ) ! , ' e x a o c : Ln ! | } Ln . 24 ; az � Aol- 4oa23ss, s6 !a ° o \ ` [$ 7�{ i cq_E;E ) [g LUIi ; ;� 0l .. K = / 8 o 2 � E , -! �! 2 t ■ | ` � 7I o / Co % & E _ . }} ! � 7 ! | ° \ { § [ !f £ $ten ;!{ f ) ƒ / \ t'j ( � a0 \ \ } N rrn Si � 4 Y N At\ , �t DANIA BEACH CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation, Case #0-1608 Plaintiff NOTICE OF FORMAL HEARING Vs. ADIRONDACK ASSOCIATES INC 922 S FEDERAL HWY TO: ADIRONDACK ASSOCIATES INC 922 S FEDERAL HWY DANIA BEACH, FL 33004 You are hereby notified that the City of Dania Beach_has_alleged_that you are in violation of the following Code Section(s), Code of Ordinances, City of Dania Beach, Florida. CH. 13, SEC. 13-23 CH.14, SEC. 14-2 A copy of the Notice of Violation of municipal ordinance, previously served upon You, is attached. You are further notified that the DANIA BEACH CODE ENFORCEMENT BOARD will hear and try the alleged violation at 6:30 P.M. on 20402 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. IiMPORTANT — READ CAREFULLY 1. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipts or other writings bearing on this alleged violation, bring them with you to the hearing, 3. If you wish to subpoena witnesses, see the Clerk of the Dania Beach Code Enforcement Board, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the City of Dania Beach Code Enforcement Board with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appeal is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Clerk of the Code Enforcement Board, leave your name, phone number, and case number and an inspector will recheck the property for compliance. DATED at Dania Be:tch, Florida, this 25 January 2002. As Clerk of the Board By: Glor a Brander Certified Mail 7001 1940 0003 5600 3742 (954) 924-3646 Also sent regular mail 1 - 1>- � 5SFjMDt.%VHABLE 70 Wirond ssociates Inc. eral Hwy a Beach �'���I i i'J .J I II II II II I III I III III 11 11 11 111 111 1 1 111'�%!:I 11 111 1 111 I111 11 I11 (g < $! -6 ZZ ! 2 4 \ _\ { � 7 oEo ' � }� \ � � �c ❑ ! } ! ) ! ,\ / §ƒ ! § # / \ \ / \%\ 4/ ) Ln `\'2!2( / Ek2/\ / /} §t�\ cm\§7 \ ze SS Qmo \ �� { $ '27k8 \ c � 27° $ / / 2\ 00 -f ! \ }/ZB : ! /($ §o < 0a CL AFFIDAVIT OF SERVICE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the and E ( rsigned authority, this day personally appeared ,a D�f/ who after being duly sworn, deposed and says: 1. That he is Code Inspector of the City of Dania Beach, Florida and in that capacity did serve a true copy of Notice of Violation (copy of which is attached hereto as Exhibit "A") on defendant as named in said notice at: 922 S. FEDERAL HIGHWAY, DANIA BEACH, FLORIDA or by posting a copy of Notice of Violation on property at 922 S. Federal Highway,-Dania-Beach FL:-,- and-on the bulletin board at City Hall of the City of Dania Beach, Florida, at %/,'« 4 M. on the day of December, 2002. 2. That further affiant sayeth naught. Affient_ Sworn to and subscribed before me this _ day oflc CL lC�e' 2002. t" � T ('. L�e,t� is personally known to me. a,�-.r, wwoEs No pry Publi cCB2Ea00 —..� FQF F�QP 11y QJMMISs PyPIPES CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 1608 A municipal corporation PLAINTIFF, FINAL ORDER vs. ADIRONDACK ASSOCIATES INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 4, 2002, 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, Adirondack Associates Inc., did allow the following code violations to exist at property defendant owns located at 922 S. Federal Highway, Dania Beach, Florida, which property is legally described as: 3-51-42 S 300 of NE1/4 of NE1/4 OF SW1/4 LYING E OF CO RD LESS E 203 OF S 200 & LESS ST RD (# 1203 00 0650): 1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove inoperative and unlicensed vehicles from the property. FINAL ORDER #1608 PAGE 2 2. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash and debris throughout the mobile home park. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Adirondack Associates Inc.: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1). A fine of $200.00 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, Adirondack Associates Inc., for the foregoing violation listed in paragraph b.(1), a fine of $200.00 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 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 fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendant. (b) has been found to have been in violation with the above described violation listed in paragraph b.(2) on the date the City issued Defendant a Notice of Hearing on this case. Defendant has complied with the above described violation listed in paragraph b.(2) as of February 4, 2002. Pursuant to Florida Statute 162.09, if a repeat violation of the above described code section occurs, the violator may be ordered to pay a fine in an amount up to $500.00 per day for each day the repeat violation continues, beginning with the date the repeat violation is determined to have occurred by the Code Inspector. Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #1608 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. ORDERED at Dania Beach, Broward County, Florida, this I day of .��,?� iu— e i 2002. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By. %gy'"'d - - so Richard Bettor, Chairperson n Sworn and subscribed before me this day of_� 2002. Q NO PART PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. .. I_ '—P' OFPC(AL NOTARY SEAL 1.0n b� GLORIAJ BRANDES p' :t "� i ^tL�T Q COMMISSION NUMBER CC4928490 � 0F flCP� MYCOMMISSIONEXPIRES MAY 10.2003 Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #1608 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Adirondack Associates Inc., this — / _day of 2002. CERTIFIED MAIL 7001 1940 0002 6629 7385 COD r-Nt-uKUEMENT BOARD CLERK APPROVE S TO FOR ND CORRECTNESS TIM RYAN, S ECIAL CITYATTO NEY i Also sent first class mail Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 \ C3 00 \\i/ . \ , ' it \57 0; ' \ ! {\§ ) !§ � !� 7001 1940 0002 6629 7385 � -2a f 1 / w }J\f,> K / / \ ? / % . 3. . \ * !y ! % » / ° -!{ ' 9 / ! I § \ § ' } Ln � • � kQ � k | ! | | ! , • Lc Q . . ! b3 k ° ` f { ! � , o / - - - ob < ( &}- - - - } � � } • O � � ( ) ƒ � AGENDA REQUEST FORM CITY OF DANIA Date: 11/13/06 Agenda Item#: 3 Title: Request for Abatement Requested Action: Consideration of the Settlement Request forAlphonso Thomas &Angie Freelove— Case#CEB 01-0115—800 Phippen Rd. Summary Explanation & Background: This property was originally cited on 05/15/01 for 4 violations and given 14 days to comply. The respondents did not comply and were heard by the Code Board on 07/02/01. The Code Board issued a final order giving the respondents 30 days to comply or a fine of$70.00 per day would be levied. The compliance date was 08/01/01 and the respondents did not comply until 01/10/05. The fine ran from 08/10/01 to 01/10/05, 1249 days @ $70.00/day = $87,430.00 plus $100.00 recording fee = $87,530.00 owed. The Code Board confirmed the fine on 04/01/02 and authorized foreclosure on 09/06/05. On 10/03/05 the Code Board heard the case for Abatement and agreed on the amount of$27,000.00. This amount was never paid and now the Respondent is requesting a settlement to $34,000.00. Exhibits (List): (1) Proposed Settlement from Ryan & Ryan. (2) Copy of the original violation letter issued. (3) Copies of the Final Order and Supplemental Order/Claim of Lien issued by the Code Enforcement Board. (4) Copies of the original Notice of Hearing on 07/02/01, Notice of Request for Authorization to Foreclose on 09/06/05, Notice of Request for Abatement on 10/03/05 and the Notice of Hearing for Abatement on 01/19/06. - (5) Copy of minutes from the 09/06/05 & 10/03/05 Code Board meetings. Purchasing Approval: Prepared By: Lester Garcia—Code Enforcement Source of Additional Information: (Name & Phone) Recommended for Approval By: A Settlement Proposal is being presented to settle the total lien amount at $34,000.00. This settlement has been prepared by Ryan & Ryan. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk NOV 1312006 MON 09:34 AM RYAN AND RYAN LLC FAX NO. 9549211247 P. 02 M _ P�rnip tj I rl�q I ,w M IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND ;j'.tka� qr FOR BROWARU COUNTY, FLORIUA a ii C;I'fY 0f= DANIA BEACH, CASE NO.: 06-009846 CAGE 09 t • a.rrrunicipa1 corporalian, F.f Y Plaintiff, �J7 al, vu,. sti14 i ai ej NGUYFN and GUIDO E. LOPEZ, as Trustees iyLy� of.the NGUYEN LANI) TRUST, U"I D January 19, % p )006, known as- rust Number 800, GUIDO E. LOPEZ, 4(' ra u1iviCiiially, ACCr:EN11TED SURETY & CASUALTY �b�� '�r ' X)MPANY, ING., a Florida corporation, alkla i! ;d , A'i,Cl2t-DI'ff"U SI.II;E l 1' F3 CASUALTY COMPANY, VINSOWHARI OT ROOFING, INC., a Florida corporation, n ,KII �Gl11LLEl";MO UJi"> McCAUSLANb and UNKNOWN 'a• TENANT NO. 1 in possession, n »' Deferidants. PCZUIDSa E} CITY OF CH AfVfJ, DEFENDe4_N„T, � _.. LOPEZ,, FINAL SETT..__.._.-A__--- LEMENT AGREEMENT Plaintiff, CITY OP DANIA BEACH, hereinafter "DANIA BEACII", and Defendant, a GUIDO E. I,0I113G, as TrUMOaS of the NGUYEN LAND TRUST, UTD January 19, 2006, 3•n < , 1 t+6Wll as l7ust Number 800, and GUIDO E. LOPEZ, individually, hereinafter collectively u ui nUlurl�as"LOP17", by and throe h their res 3eetive attorne S eater into this Final Settlement pit w r L(mcnt-find st3tc: i. This is all action by Plainti IT to Foreclose Municipal Lien on property in Dania Beach ` r rR@�d and described as: Lot 9, Block 3, COLLEGE TRACT, according to the Plat as r:.carcled in Plat Book 19, Page 9 of the Public Records of 13roward County, Florida. Parcel ID: 514203340310 t . 1 rdnwf A� �1 NOV-13-2006 MON 09:34 AM RYAN AND RYAN LLC FAX NO. 9549211247 P �f ;A{t^ • VI t i� j; (hereinafter id(:ntifi.ed as the subject property). 2. PJi)ipliff adlegcd a lien against the subject property totaling $87,430 for violation of the 11lnia Bgaeh City (."ode. !pi $ P s; 3. D::fcndant, LOPEZ, filed his Answer ruid Affirmative Defenses and alleged inter ulin that da:r +. ay �1.4h1' 1 aintiff and 1)cfi:nilrmt's 1e311017 negotiated a settlement with the CITY OF DANIA BEACH for $27,000 on the lions it had. recorded against the property. d aKi 4, Defendant iOPN, ?1.,, further alleged that Defendant attempted to obtain a $40,000,. from a private lcnd,a'r but was unable to obtain the loran in a timoly fashion due to title dcfects whrch; 1 ' 4;ri 1)„fondant evenivaJly rlearcd frt,rrn the properly_ �s 5. Dcfuitdt;ut, 1,01'SZ, and Plaintiff do hereby agree that Plaintiff will release its Code "�"1' ,.,4r ,c., d Ib� r:ufar`ccmcnt Lice al=ainst Defendant, LOPEZ, and the subject property in exchange for payment by Defendant, LOI'57,, to piaintil•I'of $34,000 and further subject to the tenns and conditions of this yI , „r so[tl,�utent rlfr,rce.+'nu�tt. �a: tii S F .• f C. 'This ii:fllemciltAgreernentiseontiiigetituporiandsubjecttoapprovalbytheDaniaBeach C4 Commission willi respect to all terms Lind conditions stated in tbis agreement. 7. DcfCndant,,LOPEZ, must.deliver thc aforesaid$34,000 payment to Plaintiff within thirty i rrF4r (30) days aflor tile m e City Commission's approval of this scttlernnent agreement. or the scttl most F + i all . ❑gi rcmcnt shall be mill and void. 144b�lla�' }ls S. Plaintiff snd D<;fendant, LC)PR.Z;, will be responsible for their own attorneys' fees and costs in this action. 9. 'this s.ettl(mont sntisfics all obligations ofDcfendant, LOPEZ regarding the DaniaBea.ch �. rt rf (Dodo F"nforeoonent Ilpard Tinsil Order recorded May 22, 2002 in O.F. Book 33141, Pages 815 to iq�F�. 'ti. T•FJ 6iuFAkl,41 , Ff t l �I 90 . V ei#AIl:: " NOV,13r;2006 MON 09:35 AM RYAN AND RYAN LLC FAX NO, 9549211247 P rr « 1+r�J4 CASE NO. 06-009846 CACL 09 0 rnd the SuPPk mrutal Order/Claim of Lien recorded May 16, 2002 in 0.12. Boole 33141,1'a0c l y t rs 4yzy a ,a/�ttYgr'xy . . 'ut, . «.-.820 to 823, F9towarcl Courrly rcccrrds, » Yritr +♦r•+y w.Ioww.i M1P�}if9 M1• {.Y.d K�{}S r1 M1 w ;r«r 10.= Upon peeymonf Of the $34,000 as aforesaid, the City of Dania Baach will prepare and t u rr. a « 1 �jb tW '. ,L yp NJ'm6 i l rr4 YFt..aa L�:ry �y9 ocd,a Relcase anal Sat isf'aotion o:Fthc Cod Ell forcemcnt Board Final Order and Supplemental .A � y 3 '1'liepalti sI',gatehaveinideandexecutedthisAgreementthroughtheirrespectivecounsel " a f n i6y sig,ring this at-reeuicnt do hereby acknowledge that they are duly authorized to execute.sane D,.I.cd Novernbur �._. ._ 006 Dated November_ ­_ , 2006 ; 3 2 1 1-AW OFFICES OF RYAN & RYAN, LLC GREGORY F, PILLON, P.A. Attorneys for Plaintiff" 1 - Attorneys for Defendant, GU1D0 E, I,OPL7, 70tl,East Daniel Ear>icli Boulevard, Third Floor as Trustees of the NGUYEN LAND TRUST�y D`aiiia F3eacll, FL 3,3004 UTD January 19, 2006, known as Tru920-2921 Ir. st ' Ire" XaT� 441 Number 800, and GUIDO E. LOPEZ, individually a . 730 NW 40f6 c` �» )aL� AVenne»ar Miarni, FL 33 126-5514(305) 642.1440-IMY N'1. RYAN GREGORY 1 . PILLON Floriar No. 32583 Florida Bar No. 0778281 F:\Jv.:nICECyNc�uy<u r.LDPcZ Aproanwnf.wpd :§ ,as.. Wt IY •� 9Mp rrt ingE R> t C.t �N» «. ) it 1 ,4 t t LAW OFFICES RYAN &r RYAN, LLC THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004-3090 ARCHIE J.RYAN III TIMOTHY M.RYAN TELEPHONE(954)920-292 1 CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247 MARK C.ELIA 'Board Certified City, County and Local Government Lawyer November 6, 2006 Via Facsimile (305) 649-7041 Gregory F. Pillon, Esq. Gregory F. Pillon, P.A. 730 NW 40" Avenue Miami, FL 33126-5514 Re: Dania Beach v. Nguyen, et al. Circuit Court Case No. 06-009846 CACE 09 CEB Case No. CEBO1-0115 Our File No. 20336D Dear Mr. Pillon: Enclosed is the proposed Final Settlement Agreement settling the above-referenced foreclosure action for the sum of$34,000. If the Agreement is acceptable, please notify my office and I will e-mail it to you for signature and a hard copy can be returned by express mail to my office for signature. This Settlement Agreement is scheduled on the Special Magistrate agenda for Monday, November 13" at 6:30 p.m. for recommended approval and the final decision will be made by the City Commission at its abatement hearing on Thursday,November 16" at 6:00 p.m. Please contact my office with any questions concerns in this matter. V ry tru y yours, /.l TIM FIY M. RYAN TMR/jd enclosure cc: Ivan Pato, City Manager Nicholas Lupo, Code Enforcement Manager IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CITY OF DANIA BEACH, CASE NO.: 06-009846 CACE 09 a municipal corporation, Plaintiff, VS. ANH NGUYEN and GUIDO E. LOPEZ, as Trustees of the NGUYEN LAND TRUST, UTD January 19, 2006, known as Trust Number 800, GUIDO E. LOPEZ, individually, ACCREDITED SURETY & CASUALTY COMPANY, INC., a Florida corporation, a/k/a ACCREDITED SURETY & CASUALTY COMPANY, VINSON-HARLOT ROOFING, INC., a Florida corporation, GUILLERMO LUIS McCAUSLAND and UNKNOWN TENANT NO. 1 in possession, Defendants. PLAINTIFF, CITY OF DANIA BEACH, AND DEFENDANT GUIDO E. LOPEZ, FINAL SETTLEMENT AGREEMENT Plaintiff,CITY OF DANIA BEACH,hereinafter"DANIA BEACH",and Defendant,GUIDO E. LOPEZ, as Trustees of the NGUYEN LAND TRUST, UTD January 19, 2006, known as Trust Number 800, and GUIDO E. LOPEZ, individually,hereinafter collectively identified as "LOPEZ", by and through their respective attorneys, enter into this Final Settlement Agreement and state: 1. This is an action by Plaintiff to Foreclose Municipal Lien on property in Dania Beach and described as: Lot 9, Block 3, COLLEGE TRACT, according to the Plat thereof, as recorded in Plat Book 19, Page 9 of the Public Records of Broward County, Florida. Parcel ID: 514203340310 (hereinafter identified as the subject property). CASE NO. 06-009846 CACE 09 2. Plaintiff alleged a lien against the subject property totaling $87,430 for violation of the Dania Beach City Code. 3. Defendant, LOPEZ,filed his Answer and Affirmative Defenses and alleged inter alia that Plaintiff and Defendant's realtor negotiated a settlement with the CITY.OF DANIA BEACH for $27,000 on the liens it had recorded against the property. 4. Defendant, LOPEZ, further alleged that Defendant attempted to obtain a $40,000 loan from a private lender but was unable to obtain the loan in a timely fashion due to title defects which Defendant eventually cleared from the property. 5. Defendant, LOPEZ, and Plaintiff do hereby agree that Plaintiff will release its Code Enforcement Lien against Defendant, LOPEZ, and the subject property in exchange for payment by Defendant, LOPEZ, to Plaintiff of $34,000 and further subject to the terms and conditions of this settlement agreement. 6. This Settlement Agreement is contingent upon and subject to approval by the Dania Beach City Commission with respect to all terms and conditions stated in this agreement. 7. Defendant,LOPEZ, must deliver the aforesaid$34,000 payment to Plaintiff within thirty (30) days after the City Commission's approval of this settlement agreement or the settlement agreement shall be null and void. 8. Plaintiff and Defendant, LOPEZ, will be responsible for their own attorneys' fees and costs in this action. 9. This settlement satisfies all obligations of Defendant, LOPEZ regarding the Dania Beach Code Enforcement Board Final Order recorded May 22,2002 in O.R. Book 33141, Pages 815 to 819, 2 CASE NO. 06-009846 CACE 09 and the Supplemental Order/Claim of Lien recorded May 16, 2002 in O.R. Book 33141, Page 820 to 823, Broward County records. 10. Upon payment of the $34,000 as aforesaid, the City of Dania Beach will prepare and record a Release and Satisfaction of the Code Enforcement Board Final Order and Supplemental Order/Claim of Lien referenced herein. The parties hereto have made and executed this Agreement through their respective counsel and by signing this agreement do hereby acknowledge that they are duly authorized to execute same. Dated November 2006 Dated November , 2006 LAW OFFICES OF RYAN & RYAN, LLC GREGORY F. PILLON, P.A. Attorneys for Plaintiff Attorneys for Defendant, GUIDO E. LOPEZ 700 East Dania Beach Boulevard, Third Floor as Trustees of the NGUYEN LAND TRUST Dania Beach, FL 33004 UTD January 19, 2006, known as Trust (954) 920-2921 Number 800, and GUIDO E. LOPEZ, individually 730 NW 401" Avenue Miami, FL 33126-5514 (305) 642-1440 By: By: TIMOTHY M. RYAN GREGORY F. PILLON Florida Bar No. 325831 Florida Bar No. 0778281 F:Voan\CEB\Nguyen.Lopez Agreement.wpd 3 W N Q C7 aco 0 O Y v a0 O O M U m M W K O O m O H N r Co M r O O CD 0 U CI O y LL O_ !' C) fn W o W Q W O Z V Z Q 19 O LL W Y <n OJ 00 U J m Z W f- 0 W V Q Of O Ci N LL J # ILO m 0 m O o u) p r r- oo V v a W Q » 04 J F a W LO Q a 0 a 2LLI 7« 0 W N = N 0. O O F � N N F- .- U co O d m Z N o o — W o O -j iri r d o m L J N W A m N N W O N Z — Q fqG � O C7 OlL SOW V O co WcZ'�' 0 LL J Q U w M:i U U Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes 3.2 Request by Alphonso Thomas & Angie R. Freelove (1/2 interest each) for consideration of abatement for CEBO1-0115, for property located at 800 Phippen Road (#1203-34-0310) Attorney Tim Ryan advised there were four violations that ran for 1,249 days for a total of $87,430. The mortgage holder foreclosed on the property and the City was joined as a defendant in the foreclose action. The property was purchased and the mortgage was paid and the owner of the property received additional funds; therefore the City was unable to collect its lien before the sale date. The Code Board recommended abatement to $27,000 because the property is in compliance. Paul Woods, Attorney for Dan Davies the current owner of the property, noted the violations have been corrected and the mortgage lender insinuated that this issue had been resolved. He later discovered the fine had not been resolved. He requested the Commission allow an abatement, and noted he thought that $27,000 was high for someone who was not responsible for the prior condition. Jose Arescida advised he was the person who procured the money to stop the foreclosure. He indicated the property was purchased for approximately $34,000. He remarked they are trying to improve the property in order to sell it to someone else. Commissioner Bertino motioned to deny the abatement. Motion died for lack of a second. Commissioner McElyea motioned to accept the abatement of $27,000, with payment to be made within 60 days; seconded by Vice-Mayor Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino No Mayor Castro Yes Commissioner McElyea Yes 3.3 Request by Ramgoh Sales, Inc., for consideration of abatement for Case 904-0031, for property located at 4699 SW 451" Terrace (#0125-01-0520) Attorney Tim Ryan advised this is a Trailer Park with 13 violations for a total fine of$33,793.50. Compliance was reached and the fine should have been around $25,000, so the Code Board recommended abatement to $10,000. Due to problems with the water service, we have come to consensus to abate this fine to $6,000. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 19,2006—6:00 p.m. l AGENDA REQUEST FORM CITY OF DANIA Date: 11/17/05 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for CEB01-0115—Alphonso Thomas &Angie R. Freelove Y2 Int Ea. — 800 Phippen Road. Summary Explanation & Background: This property was originally cited on 5/15/01 for 4 violations and given 14 days to comply. The defendants did not comply and were heard by the code board on 7/02101. The code board issued a final order giving the defendants 30 days to comply or a fine of$70.00 per day would be levied. The compliance date was 8/10/01 and the defendants did not comply until 1/10/05. The fine ran from 8/10/01 to 1/10/05, 1,249 days @ $70.00/day= $87,430.00 plus $100.00 recording fee = $87,530.00 owed. The code board confirmed the fine on 4/1/02 and authorized foreclosure on 9/06/05. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $27,000.00 because of the condition of the property now. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 7/02/01, 4/01102, 9/06/05 and 10/03/05 code board meetings. Purchasing Approval: Prepared By: Gloria Brandies, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abatement to$27,000.00 because of the condition the property Is in now. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # CEB01-0115 Alphonso Thomas & Angie R. Freelove 800 S. Phippen Road DATE: November 17, 2005 This was originally heard by the code board on 7/02/03 for 4 violations. A final order was issued giving the defendants 30 days to comply or a fine of $70.00 per day would be levied. The compliance date was 8/10/01 and they did not comply until 1/10/05. The code enforcement board, after hearing testimony on 10/03105, decided by unanimous vote to recommend abating the lien to $27,000.00 because of the condition of the property now. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD c aard Bettor, Gthairman RB/gb City ® Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 01/19/06 6:00 pm PROPERTY OWNER: THOMAS, ALPHONSO & FREELOVE, ANGIE PROPERTY FOLIO # 1203-34-0310 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENTORDER(S) CEB-01-0115 HASBEENABATED TO THEAMOUNT OF.• $ a 1, OOL9 00 THIS AMOUNT IS DUE WITHIN: (0O DAYS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representativ5 �`�� / �✓1 Signature PR INT NA WITNESS:_A /��✓r/01 1 J, PRINT NAME Please make checks payable and mail too: CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FORM CODE ENFORCMENT 1203-34-0310 11-17-05.doc FLORIDA May 15, 2001 ALPHONSO THOMAS 1/2 INT EA Case Number: 0-956 ANGIE R. FREELOVE 802 S PHIPPEN ROAD DANIA BEACH, FL 33004 Location : 800 PHIPPEN RD Folio: 5142-03-34-0310- Legal Description : COLLEGE TRACT 19-9 BLOT 9 BLK 3 Dear ALPHONSO THOMAS 1/2 INT EA ANGIE R. FREELOVE: 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 5/29/01 . 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,Ui WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7000 1670 0005 5713 8200 by BETH DAGNON. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 00-00000956 PROPERTY ADDRESS 800 PHIPPEN RD ----- ------------------ --------- ----------------- ----- ---- ---- VIOLATION: CH 22 , SEC 22-1 QUANTITY: 1 CH 22, SEC 22-1 DATE : 5/15/01 ORDINANCE DESCRIPTION CH 22 , SEC 22-1 The city building official is vested with authority to require the owner of any building in the city to display the correct street number upon such building. CORRECTIVE ACTION REQUIRED : All buildings in the city must display the correct street number upon such building. Address must be displayed on the building/house . -------------------------------------------------------------- VIOLATION: CH 22 , SEC 22-5 (I) D QUANTITY: 1 CH 22, SEC 22-5 (I) D DATE : 5/15/01 ORDINANCE DESCRIPTION : CH 22 , SEC 22-5 (i) d All trees shall be kept trimmed by the abutting property owner or tenant and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference . CORRECTIVE ACTION REQUIRED : All vegetation over sidewalks and streets must be cut or trimmed. -------------------------------------------------------------- VIOLATION: CH. 8,ART II , SEC 8-214F QUANTITY: 1 CH 8 ,ART II, PS, SEC 8-21 (4) (F) DATE : 5/15/01 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 . Fences, 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 will be required for replacement . -------- ----- ------------------------------------------------- VIOLATION: PUBLIC NUISANCES QUANTITY: 1 CH 13 , SEC 13-23 DATE : 5/15/01 ORDINANCE DESCRIPTION V1U1,ATiUN DETAIL PAGE 2 CASE NUMBER 00-00000956 PROPERTY ADDRESS 800 PHIPPEN RD ORDINANCE DESCRIPTION CH 13 , SEC 13-23 Any premises within the city which shall be maintained by the owner without complying with the provisions of this article, hereby are declared to be public nuisances ; and it shall be the duty of the city manager to inspect the premises within the city, and whenever, in his discretion, he shall find or locate premises, the owners of which are not complying with the provisions of this article, he shall notify the owner to promptly place the premises in good condition, and to comply with the terms hereof. CORRECTIVE ACTION REQUIRED : Property declared a public nuisance and must be placed into good condition. Trash, junk, garbage and all other materials stored on the property must be removed. --- -- _ 1I11 al ' y '�i �C Orna m O : j o a a r z m C7oDa o 3 j �J 0,9 ❑ o ❑ i o w' nCD ocl o n (S E CO CD h'1 O O � �1W �11`1l h.,`� � t�' � m a t• ❑ ❑ ❑ 4�`I NXti < E •110`�7� F Q � 3 v N ' • ----- o�' moE W V C �' +-+ cl ;Too C u V.` O N F N D O N O O V y w Q C T ' m N to ro A OWA' w a U 93:E 400 m= o « 5 'a O y z Cl) E E c « m o Q Q O o 00 Q z d INSTR#101903383 OR BK 33141 Pages 815-819 PREPARED BY: RECORDED 05/1&0212:45:09 BROWARD TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 1016COMMISSION Special City Attorney #18 City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 2 day of May, 2002 CITY OF DANIA BEACH ��, r •� i DAVID E. KELLER l ' '•�• Finance Director File: CEB 01-0115 FINAL ORDER CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0115 municipal corporation PLAINTIFF, FINAL ORDER vs. ALPHONSO THOMAS & ANGIE R. FREELOVE /2INTEA DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on July 2, 2001, 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, Alphonso Thomas & Angie R. Freelove, did allow the following code violations to exist at property defendants own located at 800 Phippen Road, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 19-9 B LOT 9 BILK 3 (# 1203 34 0310): FINAL ORDER CEB01-0115 PAGE 2 1. Chapter 8, Buildings, Article Il, 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 replace or remove fence which is in disrepair and falling down. 2. Chapter 13, Section 13-23; Public Nuisance. Failure to remove trash, junk, garbage and all other materials stored on the property. 3. Chapter 22; Streets and Sidewalks; Section 22-5 (i) d. Failure to trim vegetation overhanging sidewalk so as to have clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Alphonso Thomas and Angie R. Freelove: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of $70.00 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, Alphonso Thomas and Angie R. Freelove, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $70.00 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 shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. Said fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendants. Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB01-0115 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. ORDERED at Dania Beach, Broward County, Florida, this //—' day of GI.eU 12001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: V //—/& ' Richard Bettor, C airperson Sworn and subscribed before me this 11 day of 2001. NOTARY PUBLIC , ATE OF FLORIDA Richard Bettor is personally known to me. Np Y4 o1P%V PUBS JBRMIDEB Y » COMMISSION NUMBER jj �,0 CC82Cm 9 O MV OpMMISSgN EXPIRES FOF f�•O MAY 102003 Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB01-0115 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Alphonso Thomas and Angie R. Freelove, this // day of 2001. CERTIFIED MAIL 7001 0360 0002 7730 6116 6A.. (�— &-Zej CODE E FORCEM T BOARD CLERK APPROVED A§ TO FORM AND�CORRECTNESS TIM RYAN,7PECIAL CITY ATTORNEY Also sent first class mail Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 m r ;0 m C.> mm Postage $ t� w y p m r. ti Certified Fee m N 711 P9 T Z Return Receipt Fee • ,(/ L W —{ O (Entlorsement Required 'I "3 O fl C3 Restricted Delivery Fee '!i•1 ' am ..1 a � �• C3 (Entlorsement Required) _tj O Total Postage 6 Fees $ Se tT 3 O O ,1V r-1 Sf ef,Ap�NO.; //p��'.�'.//� /. -W O oe PO Box No.�D.----..-1 -- C3 .Ylll i•) o -, „ =L N lr� city,Stage,-ZI o m C - *'' C3 T � r r NJ C3 121� CO M Cn lD �® _. 0 v O --_ W O O fl O 0 (D Rl S N TI O < W w m w o w v m Er _ o a a e A tr y .'. . , tal.,. arcYb ' t INSTR#101903384 OR BK 33141 Pages 820-823 PREPARED BY: RECORDED 0511 8102 1 2:45:09 TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION DEPSpecial City Attorney #19UTY CLERK 1016 City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 2 day of May, 2002 CITY OF DANIA BEACH By. G�L1LU� 1/ DAVID E. KELLER .I Finance Director File: CEB 01=0115 SUPP.ORDER/CLAIM OF LIEN CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0115 Municipal corporation PLAINTIFF, FINAL ORDER vs. i ALPHONSO THOMAS & ANGIE R. FREELOVE '/2 INTER EA DEFENDANTS 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 Officer William Dubisky on the City's Motion to Confirm Fine held on the Vt day of April, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 11th day of July, 2001, a Final Order in the above captioned case commanding the defendants, Alphonso Thomas SUPPLEMENTAL ORDER CEBOI-0115 & Angie R. Freelove %2 Int Ea, to bring the violations specified in said Final Order into compliance on or before the 10th day of August, 2001, or pay a fine in the amount of$70.00 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: COLLEGE TRACT 19-9 B LOT 9 BILK 3 (# 1203 34 0310). 3. That the Defendants, Alphonso Thomas & Angie R. Freelove '/ Int Ea, 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 defendants, Alphonso Thomas & Angie R. Freelove '/2 Int Ea, shall comply with said Final Order. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants 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 defendants. DONE AND RDERED at Dania Beach, Broward County, Florida, this aio Day of , 2002. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman ISworn to and subscribed before me this day of�Q Q�, 2002 By Richard Bettor, who is personally known to me. NOTARY PUBL STATE OF FLORIDA Return to: David E. Keller, Finance Director 2 100 West Dania Beach Blvd. c�oauew+ri oes Dania Beach,FI 33004 0 £ COMMISSION NUMBER Ia CCa2B490 Ire Fl��\O MY COMMISSION E%PIRES MAY 10,2003 SUPPLEMENTAL ORDER CEB01-0115 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Alphonso Thomas & Angie R. Freelove Yz Int Ea, this day of , 2002. CERTIFIED MAIL #7001 1940 0002 6629 8917 CODE NFORCE NT OARD CLERK APPROVE AS TO F RM AND CORRECTNESS j TIMOTHY M. RYAN, SPE IAL CITY ATTORNEY Also sent regular mail i I Return to: David E. Keller, Finance Director 3 100 West Dania Beach Blvd. Dania Beach, FI 33004 -4 �-ool xt ry �I Ir R^ NPostage .A Certifietl Fee 1` rye Return Receipt Fee _ { 1' O (Endorsement Required) l \• O Restnded Delivery Fee O (Endorsement Requl a i) ✓ � C3 Total Postage&Fees �, •���'��. ra et,Apt or or PO Bo--No. tt � Clty, _ ���----- uj .� Er CO —� Er R1 rU co Q 006 W a �- i o J = .p Z m Ea. QQ or � - a o I 0 i 0 w m 0 w `d K LL O ll�y m w C 0 CD U DANIA BEACH CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA 924-3647 CITY OF DANIA BEACH, a Florida : CASE # #CEB01-01152001-0596 Municipal Corporation, Plaintiff NOTICE OF FORMAL HEARING VS . ALPHONSO THOMAS 1/2 INT EA TO: ALPHONSO THOMAS 1/2 INT EA ANGIE R. FREELOVE 802 S PHIPPEN ROAD DANIA BEACH, FL 33004 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section (s) , Code of Ordinances, City of Dania Beach, Florida . CHAPTER 8 ; ; MINIMUM STANDARDS VIOLATION Chapter 13 , Sec 13-23; PUBLIC NUISANCE Chapter 22 ; STREET AND SIDEWALK VIOLATIONS A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the DANIA BEACH CODE ENFORCEMENT BOARD will hear and try the alleged violation 6 : 30 o ' clock P.M. at the City of Dania Beach, 100 West Dania Beach Blvd, Dania, Florida on the date listed below. 07/02/O1 If the violation is corrected and then recurs 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 even if the violation has been corrected prior to the Board hearing the case . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IMPORTANT - READ CAREFULLY 1 . You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance . Please bring this NOTICE OF FORMAL HEARING with you. 2 . If you have witnesses, books, receipts or other writings bearing on this alleged violation, bring them with you to the hearing. 3 . If you wish to subpeona witnesses, see the Clerk of the Dania Beach Code Enforcement Board, City Hall, 100 West Dania Beach Blvd, Dania Beach, FL, without delay for assistance . 4 . You may come to this hearing with or without an attorney. 5 . Any person who decides to appeal any decision made by the City of Dania Beach Code Enforcement Board with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appeal is to be based. 6 . If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Clerk of the Code Enforcement Board leave your name, phone number and case number and an inspector will re- check the property for compliance . DATED at Dania Beach, Florida, this 20th, June, 2001 . As Clerk of the Board By:: Gloria Borandes 924-3646 Certified Mail # 7001 0360 0002 7730 5775 2 I yr �. - • ma o m o ❑ ❑ 5 ❑ p a E 3 = v 7-K m o Postage $ 0-3 o.�` m m : O " U c a O Certified Fee • / ' c ¢ U l m n ASP y ❑ ❑ ❑ �. Return Receipt Fed / 1 Z (Endorsement Regolred) ! V V1 Restricted Delivery Fee (Endorsement Required) $ " r / n n r $ L � y Total Postage 8 Fees V ',� d c � CO 3" � : b. CEBO1-0115 9 > o a Sent `-�-_.�% �' a' Street Alphonso Thomas 1/2Int EA ----- a o m of PO Angie R. Freelove .......... g crty,s 802 S. Phippen Road N Dania Beach, FL 33004 e n E .� O od a, o' E Q - m • U'yY Ty W Iti O N O« N T1 F`- C y O r aN �`o� v ru N M O O Dc �t� a cd O ropN c« U u1 N ✓O M O c ct d � NBi ro y $ w O G O C W 0 _ E U E M N W l0 U U O �i .--i �+ 1— P. U Fn • « y C � N w d Ej. Ld O a O O a nv Tmr w W o • EE um cd o o O � .O (/� E U 'a va,Qo M1 u ■ ■ ■ U �dQo�o �1 $ AFFIDAVIT OF SERVICE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, this day personally appeared �6A\ \/+6:N 1J���Sl< who after being duly sworn, deposed and says : 1 . That he is Code Inspector of the City of Dania, Florida, and in that capacity did serve a true copy of "NOTICE OF HEARING" (copy of which is attached hereto as Exhibit "A" ) on defendant as named in said notice at : 800 PHIPPEN RD, DANIA BEACH, FL 33004 or by posting a copy or "Notice of Hearing" on the property at 800 PHIPPEN RD, DANIA BEACH, FL 33004 , and on the bulletin board at City Hall of the City of Dania, Florida, at 2 33 P.M. on the 2,C) _ day of June, 2001 . 2 . That further affiant sayeth naught . Affiant SWORN TO and subscribed before me this day of June, 2001 . IS PERSONALLY KNOWN TO ME . otary Public alABETHADAGNON (NOTARY STAMP) , Notary Pubfic-State of flo oa • My Co....ionD#esMoy7,:064 %.^•„or Comm¢4on S CC93a295 a � :aa+eau ge FLORIDA January 3, 2006 Paul B. Woods, Esq. Law Offices of Paul B. Woods Certified Mail 70022030000312098469 8367 Bird Road Miami, Fl 33155 Re: Case# CEBO1-0115 City of Dania Beach vs. Alphonso Thomas& Angie R. Freelove Property Address: 800 S. Phippen Road, Dania Beach, Fl Dear Mr. Woods: Please be advised that you are scheduled on January 19, 2006, at 6:00 p.m., at Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, to address the City Commission on the request for abatement of the above-referenced Code Enforcement Board lien. We would like to clearly state that your request for abatement of these liens in no way represents a guarantee of a part or full waiver by the City Commission. Please be prepared to make your comments brief and to deal only with your reasons for requesting the abatement of the lien. Sincerely, Gloria"Brandes Code Enforcement Board Clerk In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (954)924-3622 not later than two business days prior to such proceeding. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us xc: Dan Davies, 2011 NE 17 Street, #2, Fort Lauderdale, Fl 33305 Certified Mail 70022030000312098476 Dan Davies, 802 S. Phippen Road, Dania Beach, Fl 33004-3821 Certified Mail 70022030000312098483 Also sent regular mail PERSONALLY appeared before the undersigned authority, duly authorized to administer oaths and take acknowledgements, William Dubisky, who first being duly sworn, acknowledges before me that the information contained herein is true and correct. He is personally known to be and did take an oath. WITNESS my hand and official seal this �_day of 2002. Notary Public PpY P"" XFOLLNOTARY SEAL 0� .� ,iLrA1A J BRANOES `� COMMISSION NUMBER CC828490 MY COMMISSION EVIRES CF F�� MAY 10,2003 DANIA BEACH CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida municipal corporation CASE # CEB01-0115 Plaintiff, NOTICE OF REQUEST FOR AUTHORIZATION TO FORECLOSE vs. ALPHONSO THOMAS & ANGIE R. FREELOVE Certified Mail 7004 2510 0003 0646 2435 Defendants/ TO: Dan Davies 802 S. Phippen Road Dania Beach, FI 33004-3821 PLEASE TAKE NOTICE that the Dania Beach Code Enforcement Board will bring on for hearing the City of Dania Beach's Request for Authorization to Foreclose the final order on the above referenced case at the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, on the 6th day of September, 2005, at 6:30 p.m. DATED at Dania Beach, Florida this 24th day of August, 2005. CITY OF DANIA BEACH CODE EN ORCEMENT BOARD By: GLO IA BRANDES CLERK OF THE BOARD 100 West Dania Beach Boulevard (954) 924-3646 Auth.To Foreclose Notice In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (954)924-3622 not later than two business days prior to such proceeding. xc: Dan Davies, 2011 NE 17 Street, Apt. 2, Fort Lauderdale, FI 33305 Certified Mail 7004 2510 0003 0646 2442 Also sent first class mail Auth.To Foreclose Notice I I 7004 2510 0003 OL46 2442 m n & \ � ® A / \ � r) 4\ ;_ ! lip & ( + e \� e , LP.. : ` V. 7004 2510 0003 0646 2435 of S : &r■ ! q a � z � . - \ > : : iN ° « « © 0 o ' C) z Fv' En 0 co (D 10 0 =r — -n co — CD Q- Q 0 Q?JIN(I CL) =or co g .4�Ax q, C) < W 7: a zllz o ru LO �A C) V) C3 NCO m -0 Ce) o:> k I C) < :3 . nj ED Ulm m 0 C3 (/) 'D s co (1) C3 C3 Q) CD!I,—/ C3 _0 > :3 0- C3 m cc ej m Li M�— 1-1 0 —j 0 0 LT) (D 0 a) ru c � V- V CL Er co C:) o 0 C'4 LL Er C3 ru C3 L'J Ln �f O q O 10 ej > 0 CD Cl) 0 Cl) co co Q) F- z :E Cc) LL M o ❑ 0 L i _ I N � ■ e If co jai 00 00 o i oaf s ru m3m t�-i a13110Cl p mom � I Im ❑❑ ru < X rc III d vi 6 I I r I a m o m n Q o $ ; g E$ mT, om Ca YC3 � 1 ru N m r $ 7 y t mryFCq O LL ❑ �' ❑❑ ❑ N C U ■ s a � � a � i =i7 E ' DANIA BEACH CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida municipal corporation CASE # CEB01-0115 Plaintiff, NOTICE OF REQUEST FOR ABATEMENT vs. ALPHONSO THOMAS & ANGIE R. FREELOVE Certified Mail 70022030000312098124 Defendants/ TO: Dan Davies 802 S. Phippen Road Dania Beach, FI 33004-3821 PLEASE TAKE NOTICE that the Dania Beach Code Enforcement Board will bring on for hearing the Request for Abatement of the fine or penalty on the above referenced case at the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, on the 3`d day of October, 2005, at 6:30 p.m. DATED at Dania Beach, Florida this 21 st day of September, 2005. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD By: GLORIA BRANDES CLERK OF THE BOARD 100 West Dania Beach Boulevard (954) 924-3646 Abtmt. Hearing Notice In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (954)924-3622 not later than two business days prior to such proceeding. xc: Paul B. Woods, Esq., Law Offices of Paul B. Woods, 8367 Bird Road, Miami, FI 33155 Certified Mail 7002 2030 0003 1209 8117 Also sent regular mail Abtmt.Hearing Notice ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X ❑ so that we can return the card to you. B. Received by(Printed Name) C. Date ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 11 1.. 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CITY OF DANIA BEACH CODE ENFORCEMENT BOARD SUMMARY MINUTES SEPTEMBER 6, 2005 Present Others Present David Nuby William Johnson, Chief Code Inspector Tim Me Leod Eric Baker, Code Inspector Judy Jensen Gary Phaneuf, Code Inspector Terrell McCombs William Dubisky, Code Inspector Richard Bettor(Chairman) Gloria Brandes, Board Clerk Timothy Ryan, City Attorney Absent Jimmy Peterman 1. Chairman Bettor called to order the September 6, 2005 Code Board meeting at 6.42pm and asked for approval of the minutes for the August meeting. Tim McLeod made a motion to approve the minutes and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 2. Chief Zoning/Code Enforcement Officer William Johnson came forward and was sworn in. He read the past cases as follows: Case # 02-2646, Padavathil, paid $100.00 on 8/29/05, balance owing is $14,000.; Case # 02-2388, Bill Vasiliades paid $1250 on 8/11/05; Case # CEBOI-0040, Bill Vasiliades paid $2,000 on 8/11/05; Case # CEB00-0693, Samiyeh Inc. paid $1,500 on 8/2/05, the balance is $12,880; Case # 03-5771, Ravenswood Diesel, paid $750 on 8/19/05; Case # 04- 1229, Katz, paid $2795 on 8/8/05; Case # CEB00-0693, Samiyeh Inc. made their 21s` payment of $1500 on 8/30/05, balance of $11,380. He read the past cases that have complied as follows: Case 05-0138, County Homes Development, Inc. complied on 7/29/05; 04-0980 Jessie Davies, complied 8/1/05; 05-0321, Daniel Denville, complied on 8/15/05; Case # 05-0269, Daniel Denville complied 8/23/05. Mr. Johnson read tonight's cases that have come into compliance as follows: Case# 05-0642, Insured Income Properties, complied on 9/1/05; Case # 05-0644, Benitez Property Investments, complied on 9/6/05; Case 05-0805. Tammie Lawhorn-Bennett complied on 9/6/05; Case # 05-0850, Doloris Thompson, complied on 9/6/05; Case # 05-0920, Roger and Shari Baer, complied on 9/6/05; Case # 05-0946, Donna Publicker, complied on 8/23/05; Case # 05-1014, E R & Dania Beach Code Board Summary Minutes I September 6, 2005 Lucille Sandstrom, complied on 9/6/05; Case # 05-1132, Velma Jones, complied 9/l/05; Case # 05-1161, Raffale & Randy Defalle, complied 9/6/05. Tim McLeod made a motion to dismiss the complied cases and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 3. Case # 05-0643 Joan Leto TR 320 S Federal Highway Dania Beach, FL Chief Zoning/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; a pole sign was to be removed. Chairman Bettor asked if there was anyone present to represent Joan Leto. Angela Leto, 3100 Stirling Road, Hollywood, FL, came forward and was sworn in. Ms Leto identified the photograph as that of the property in question. She requested a continuance of the case to the next meeting because they had changed their mailing address and did not receive the Notice of Hearing on time. She also stated that she felt they were not a 100% wrong in this matter and needed some time to put their case together. Tim McLeod made a motion to continue the case until the October meeting. The motion was seconded by David Nuby and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 4. Case 05-1019 Johnson Tech Supply Inc 325 NE 5 Court Dania Beach, FL Code Inspector William Dubisky came forward and was sworn in. He stated that the property is still in violation of Ch.15, Occupational License and CI-I.28, Schedule of use, operation of a marine/dive excursion business in RS8000 zoned district. He presented 3 sets of photographs as evidence. Detective Richard Tarrant from the Broward County Sheriff's Office came forward and was sworn in. He stated that this has been a continuing problem-, they have been receiving calls about trucks delivering fuel and food. He said he spoke with the captain of the ship, Stuart Turner, who confirmed that he runs a business called Bottom Time Adventure from there. He said Mr. Turner said that he picks up his clients from a different location but his crew does go to the property everyday to go to work on the boat. Detective Tarrant said Mr. Turner understood that he could not operate his business from there and he said he would be moving the business to the Bahamas. Chairman Bettor asked if there was anyone present to represent Johnson Tech Supply Inc. Elizabeth Longtin, 2732 NE 15"' Ter, Wilton Manors, Dania Beach Code Board Summary Minutes 2 September 6, 2005 FL, came forward and was swom in. Ms Longtin identified the 10 photographs that were presented as those of the property in question. She said that the property and the vessel are owned by Robert Fischer and they have an occupational license for the city of Wilton Manors and Broward County. She denied that there was a business being run from this property and said all the evidence presented by the Code Enforcement Officer and the BSO detective was circumstantial. She said Mr. Stuart Turner lives in the house as a caretaker of the house and the vessel and does not pay rent. She also stated that there was no sign posted on the cul de sac that said they could not park their vehicles there and that all the things in the garage were just junk being stored there. Tim McLeod asked her why business packages were being delivered to that address and she said she did not know why. Chief Zoning/Code Inspector Johnson in conclusion said that the City has presented the evidence and proven their case and it was up to the Board to make a decision. Tim McLeod made a motion to find that the violations exist as charged and that the respondent be given 30 days to comply and thereafter a fine of$200.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes .Ludy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 5. Request for Abatement - Case # 04-0654 - Carrig Associates LLC, 2831 Ravenswood Road Code Inspector Gary Phaneuf came forward and was sworn in. Mr. Phaneuf stated that this was a request for abatement in case 04-0654, Carrig Associates LLC. address: 2831 Ravenswood Road. This came before the Board on 12/06/2004 for one violation. The Board issued a final order giving the defendant 60 days to comply or a fine of$70.00 per day would be levied. The compliance date was 02/21/2005, however, the defendant came back before the board on 01/07/2005 and was granted an extension until 04/22/2005. The property was not brought into compliance until 07/25/2005. The fine ran from 04/22/2005 to 07/25/2005, a total of 94 days @ $70.00 per day equaling $6,580.00 plus $195.00 recording fee which equals $6,765.00 owed. Chairman Bettor asked if there was anyone present to represent Carrig Associates LLC. Emerson Allsworth, Attorney for the property owner, came forward and stated that everything stated by the Code Enforcement Officer was correct and added that the City and the staff have been very cooperative in this matter. He asked for the fine to be abated based on the history as to why it took that long to get into compliance. He said that first of all, the property is a warehouse out on Ravenswood Road, its used for storage, there is no activity as far as anybody working there during the day. It was continually littered with rubbish and garbage, people throwing in. The property owner went through great trouble and expense to have it cleaned up. He was not cited for that because he did keep it clean but the property was continually littered by the public driving by. So finally in an effort to cut down the expense of having it continually cleaned up by somebody and looking terrible Dania Beach Code Board Summary Minutes 3 September 6, 2005 for part of the time, they engaged a contractor to put up a chain link fence which was quite expensive. Unfortunately, the Contractor did not get a permit. He put up the fence, was paid and went on his way. He said ultimately his client received a citation for having a fence put up without a permit. He said the fence, by the way, did cure the problem of rubbish and the garbage so really the owner in trying to improve the property and avoid a violation of garbage and litter ended up with a fence that did not have a permit. He had to engage another contractor, because the first one had failed to get a permit who came in to get an `after the fact' permit and what happened then was they went to inspect the fence that had been put up by the first Contractor and it did not pass inspection. The `after the fact' solution didn't work which now required a new permit for the construction of a fence. So the 2"d contractor determined that he could salvage part of the fence that was put up by the 1st contractor and it turned out that that wouldn't work because it didn't pass inspection. Eventually, to make a long story short, they had to tear down the entire fence and start all over with a new permit and install a second fence at basically a double expenditure. He said it's taken that long to come into compliance in July and asked the Board to take into consideration that this was an effort to improve the property to solve the problem with the litter; it's not a life safety issue, infact it's an issue that improves the environment and the great expense that the owners had to go through to get the fence into compliance and pass inspections. He said he hoped that the fine would be reduced to a minimal amount. Judy Jensen made a motion to recommend that the fine be abated to the cost to the city of $1500.00 to be paid in 30 days due to the fact that the violator made adequate effort to comply. Tim McLeod seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 6. Request for Extension - 04-0651 — Juan T. & Rosario L. Aquino — 26 NE 1st Court Code Inspector William Dubisky, having been previously sworn in, came forward and stated that the property came into compliance and asked that the case be dismissed. Judy Jensen made a motion to dismiss the case and was seconded by Tim McLeod. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 7. Request for Extension —04-1208 —Aarons Window Treatments Inc — 195 SW 20 Way Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and said he did not have a problem with extending this case as long as the work gets going. Chairman Bettor asked if there was anyone present to Dania Beach Code Board Summary Minutes 4 September 6,2005 represent Aarons Window Treatments Inc. Aaron Manes, 10364 Bermuda Drive, Cooper City, FL came forward and was sworn in. He said that he hired a professional engineer who wrote to the building department asking for an additional 90 days. Tim McLeod made a motion to extend the case for 90 days from 9/29/05 and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 8. Case # 04-1094 Sharon Bachar 2446 SW 58 Manor Ft. Lauderdale, FL 33312 Code Inspector William Dubisky, having been previously sworn in, came forward and said he had a question for 'rim Ryan, Esq. He said this case was originally scheduled for the July agenda as a motion to confirm fine. However, when the mailing was done, this was mailed out as notice of hearing for the September code board meeting. They were given a 60 day continuance in July to the September board. Attorney Ryan asked if there was anyone present to represent Sharon Bachar. Attorney Itzhak Bachar, 1400 NE Miami Gardens Drive, Suite 709, North Miami Beach, came forward and stated that he would like to ask for a motion to reopen the issue and revisit the items. Inspector Dubisky stated that they are still not in compliance of Ch.39 and presented photographs as evidence. Tim McLeod made a motion to continue the case to the October meeting and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 9. Request for Extension of Time— 04-1120 —Nelson McCutcheon —401 NW 3rd Place Code Inspector Eric Baker came forward and was sworn in. He stated that the defendants were given the compliance date of 7/26/05 from a previous meeting and were requesting an extension of time from that date. Chairman Bettor asked if there was anyone present to represent Nelson McCutcheon. Madelyn McCutcheon, 401 NW 3`d Place, Dania Beach, came forward and was sworn in. She said she wanted to wait until the weather changed in order to paint the house. Their screen enclosure sustained damage from the hurricane and would need to be fixed. Mr. Johnson came forward and recommended that the defendants be given time until the 2"d week of December because the hurricane did destroy their screen enclosure. Judy Jensen made a motion to approve the extension to 12/15/2005 and was seconded by David Nuby. The motion carried on the following roll call: Dania Beach Code Board Summary Minutes 5 September 6,2005 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 10. Case # 05-0201 Louis D Bianco 4958 SW 28 Ave Ft. Lauderdale Code Inspector Gary Phaneuf came forward and was sworn in. Mr. Phaneuf presented to 2 photographs as evidence. He said the property is still in violation of CH.8; the property owner needs to work on the windows, doors and there is a panel missing from one of the overhang doors. Chairman Bettor asked if there was anyone present representing Louis Bianco. Louis Bianco, 340 Inman Place, Roswell, GA came forward and was sworn in. Mr. Bianco identified the photographs presented as those of his property. He stated that he lives in Georgia and mail went to his previous address in SW ranches. He also said all that damage to the property was caused by vandalism and asked for 60 days in order to bring the property into compliance. Mr. Bianco said that no one lives in the property at the moment and he only uses the garage for storage. Judy Jensen made a motion to move that the violation exists as charged, move that the violator be given 60 days to comply and thereafter a fine of $60.00 per day shall be levied. The motion was seconded by Terrell McCombs and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 11. Case#05-629 Houston Realty & Inv. Inc 550 S Federal Highway Dania Beach Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and presented 1 photograph into evidence. He stated that the property is still in violation of Ch.28.190, prohibited pole signs. I-Ie said the property owner has pulled a demo permit to remove the pole sign and they do have a permit to put up a new monument sign. Mr. Johnson recommended that the defendants be given 60 days considering that Sign companies are very busy now. Chairman Bettor asked if there was anyone present to represent Houston Realty & Investments Inc. Paul Ferraldo, a tenant, 2573 Jordan Drive, Weston and James Houston, the owner, 685 S Main Street, Belle Glade came forward and were sworn in. The gentlemen identified the photograph presented as that of their property. Judy Jensen made a motion to move that the violation exists as charged and move that the violator be given 60 days to comply and thereafter a fine of$70.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: Dania Beach Code Board Summary Minutes 6 September 6,2005 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 12. Case# 05-0765 Banias Realty Inc 3891 Stirling Road Ft. Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and presented his testimony as follows. He said as of today the property is still in violation of Ch.39, outside storage, there still remains vehicles, equipment, containers and other items on the property. He presented 3 photographs to support his case. Chairman Bettor asked if there was anyone present to represent Banias Realty Inc. Bernie Emano, 4140 N 39 Ave, Hollywood, FL, came forward and was sworn in. He said he is a friend of Mr. Levy, the property owner and does the maintenance management of the property. Mr. Levy was present but had laryngitis. Mr. Emano identified the photograph presented as that of the property belonging to Banias-Realty Inc. He said they have cleared some of the vehicles and are still trying to contact the owners of the other vehicles. He presented a statutory notice from the owner's attorney giving the vehicle owners 15 days to remove them from the property and thereafter the vehicles would be towed. Judy Jensen made a motion to find that the violations exist as charged and move that the violator be given 60 days to comply and thereafter a fine $90.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-ves Terrell McCombs-yes Richard Bettor-yes 13. Case# 05 786 Marcia Petrucci 5211 SW 22od Ave Ft. 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 FBC104, no permit was obtained for the concrete slab that was poured on the side of the mobile home and the work has not been removed. He presented I photograph into evidence. Chairman Bettor asked if there was an interpreter present. Marcia Petrucci came forward and was sworn in. She said she spoke a little bit of English and would try to explain. She said she did a small side walk and agreed to the testimony presented by Inspector Dubisky. Inspector Dubisky stated that he had explained to the defendant that her neighbor, north of her, had provided a survey showing that she poured concrete on their property and that if she applied for permits they would be rejected. Mr. Johnson added that she does not meet required set-backs and so she had to remove the slab. Ms. Petrucci asked for one month to remove Dania Beach Code Board Summary Minutes 7 September 6, 2005 the slab. Tim McLeod made a motion to adopt the findings that the violations do exist, and that the respondent be given 30 days to comply and thereafter a fine of $50.00 per day shall be levied. The motion was seconded by Judy Jensen and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 14. Case# 05-833 Jacob Thaller 5813 SW 24 Ave Ft. 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.39, the vegetation on the property has not been cut and there still remains trash and debris on the property. He said Mr. Thaller called him and said he cut the property today and also cut it two weeks earlier. Inspector Dubisky presented 1 photograph to prove his case. Chairman Bettor asked if there was anyone present to represent Jacob Thaller. Jacob Thaller, 5813 SW 24 Ave, came forward and was sworn in. He identified the photograph presented as that of his property. He stated that he called Mr. Dubisky for a reinspection. He said he corrected the problem after Inspector Dubisky left on 9/6/05. Judy Jensen made a motion to adopt a finding of fact that the violation did exist and is now in compliance as of 9/6/05. Tim McLeod seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 15. Case# 05-861 Har-Jack Realty of FL Inc 2500 SW 58 Manor Dania Beach, 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.8, there are sections of the fence that are still in a state of disrepair. He said the property is in compliance with Ch.39, public nuisance and requested a finding of fact that the violation did exist. He submitted 4 photographs as evidence. Inspector Dubisky recommended giving the violator 30-45 days to bring the property into compliance. Chairman Bettor asked if there was anyone present to represent Har- Jack Realty of FL Inc. Harry Hartman, 2564 Jardin Drive, Weston, FL, came forward and was sworn in. He identified the photographs as those of his property. David Nuby made a motion to adopt a finding of fact that Ch.39, public nuisance violation did exist and is now in compliance, also to find that Ch.8, fence violation still exists and to give the violator 30 days to comply and Dania Beach Code Board Summary Minutes 8 September 6,2005 thereafter a fine of S30.00 per day shall be levied. The motion was seconded by Judy Jensen and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 16. Case# 0861 Har-Jack Realty of FL Inc 2500 SW 58 Manor Dania Beach, 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.8, there are sections of the fence that are still in a state of disrepair. He said on Ch.39, public nuisance he was requesting a finding of fact that the violation did exist. He submitted 2 photographs as evidence. Inspector Dubisky recommended giving the violator 30 to 45 days to bring the property into compliance. Chairman Bettor asked if there was anyone present to represent Har-Jack Realty of FL Inc. Harry Hartman, 2564 Jardin Drive, Weston. FL, came forward and was sworn in. He identified the photographs as those of his property. David Nuby made a motion to adopt a finding of fact that Ch.39, public nuisance violation did exist and is now in compliance, also to find that Ch.8, fence violation still exists and to give the violator 30 days to comply and thereafter a fine of S30.00 per day shall be levied. The motion was seconded by Judy Jensen and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 17, Case # 1024 Mesad Shehadeh 790 NW 1 Street Dania Beach, 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.13, public nuisance, there is still trash and debris on the property. He said that Ch.28, Schedule of Use, cooking food outside, has complied and he was requesting a finding of fact that the violation did exist. He presented 1 photograph as evidence. Chairman Bettor asked if there was anyone present to represent Mesad Shehadeh. Mesad Shehadeh, 790 NW lit Street, Dania, FL, came forward and was sworn in. He identified the photograph presented as that of his property. Mr. Shehadeh said that he had a tree that came down during the hurricane and had some of his equipment in the back. He said they leave the Pepsi crates outside so that a truck can pick them up every week. Inspector Dubisky explained to Mr. Shehadeh that he cannot discard equipment outside and had to get rid of the garbage. David Nuby made a motion to adopt a finding of fact that the Ch.28 Dania Beach Code Board Summary Minutes 9 September 6,2005 violation did. exist and is now in compliance and to give the violator 15 days on the Ch.13, public nuisance violation, to comply and thereafter a fine of $50.00 per day shall be levied. Judy Jensen seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 18. Case # 05-0942 John Baleanu 4031 SW 54 Court Fort Lauderdale, FL Code Inspector Eric Baker, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.8, fence still needs to be replaced or removed. He said Ch.13, health and sanitation violation has complied and presented 4 photos as evidence. Chairman Bettor asked if there was anyone present representing John Baleanu. John Baleanu came forward and was sworn in. He identified the photographs presented as those of the property in question. He stated that the fence had sustained more damage from the hurricane and asked for 60 days to comply. Tim McLeod made a motion to adopt the findings of fact that the violation does exist and that the violator be given 60 days to comply and thereafter a fine of S50.00 per day shall be levied. The motion was seconded by David Nuby and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 19. Request for Extension —04-1264 - Tarn Tantikij - 3121 SW 44 Street Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that this case came before the board on 3/7/05 for 3 violations. The board issued a final order giving the defendant 90 days to comply making the compliance date 7/26/05. He said he is requesting an extension from that date. Chairman Bettor asked if there was anyone present to represent Tarn Tantikij. Tarn Tantikij, 3121 SW 44n' Street, Dania, IT, came forward and was sworn in. He stated that in order for him to finish the doors and the windows, he might have to bring down the wall which has subsided, so the project is bigger than was anticipated. He said he has replaced the facia board and hurricane straps but was out sick for 1 month and couldn't finish the work. Inspector Phaneuf recommended giving the defendant 180 days for the building violation. Judy Jensen made a motion to find that the violations exist as charged, move that the violator be given 60 days to comply with the vehicles violation and 180 days from 9/6/05 to comply with the building violations and thereafter a fine $60.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: Dania Beach Code Board Summary Minutes 10 September 6, 2005 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 20. Motion to Dismiss - Case # 02 — 2272 — Joseph F & Margaret Enjedi — .lovan & Rodinka Solic— 1401/1403 SE 2nd Ave Attorney Tim Ryan stated that he spoke with staff and it was staff recommendation to dismiss this case. Judy Jensen made a motion to dismiss the case and was seconded by Tim McLeod. The motion carried on the following roll call: -. David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 21. Motion to Approve Settlement — CEB-0421-Robert E. Rhodes - 4671 SW 26 Ter Attorney Tim Ryan stated that this case was in foreclosure and it was determined after foreclosure of the institutional mortgage that it was a question between the City and the property owner on whether this property was homestead. The owner died and the daughter got the property from the estate and there was transfer of the homestead from the deceased owner to the daughter. The defendant had a pretty good case of claiming homestead. He said they entered into a tentative settlement to have the city be paid $15,000.00 on a total lien of $30,450.00 and recommended that the board approve the settlement which will be subject, of course, to city commission approval. Judy Jensen made a motion to approve the settlement and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 22. Motion to Dismiss — Case # 04 -1389 — Domenic Scotto Rev Tr — 1101 S. Federal Highway Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and requested a dismissal of this case because the property is now in compliance. Tim McLeod made a motion to dismiss the case and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes - Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes I I September 6, 2005 23. Motion to Confirm Fine — Case # 04 — 1545 — Donell & Michelle Peterman — 608 W. Dania Beach Blvd Code Inspector Eric Baker, having been previously sworn in, came forward, and stated that reinspection of the property on 9/6/05 revealed that corrective action has not been taken and that the property is still in violation of Ch.28, paint violation. Chairman-Bettor asked if there was anyone present to represent Donell & Michelle Peterman. No one came forward. Judy Jensen made a motion to confirm the fine and was seconded by Terrell McCombs. The motion carried on the following roll call: David Nuby-yes Tim McLeod- no (absent for vote) Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 24. Authorization to Foreclose — Case # CEBO1-0115 — Alphonso Thomas & Angie R. Freelove—800 Phippen Road Attorney Tim Ryan stated that the property was in a foreclosure and the City filed a notice of lien in answer to our defenses. Before it went to foreclosure an investor bought it. The city now wants to have the authorization to file an independent foreclosure. Judy Jensen made a motion to approve authorization to foreclose and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod- no (absent for vote) Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 25. Case # 04— 1735 Richard L Bulow Tr 4100 Ravenswood Road Dania Beach, FL Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and requested a continuance until the next meeting. Tim McLeod made a motion to continue the case to the next meeting and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 26. Case# 05-627 Ultimate Carwash Inc 321 S Federal Highway Dania Beach, FL Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and stated that the property is still in violation of Ch.28.190, non- conforming signs. He said they still have two pole signs on the property and Dania Beach Code Board Summary Minutes 12 September 6,2005 presented 1 photograph as evidence. Mr. Johnson said he met with the owners of the property earlier who told him that they would not be able to attend tonight's meeting but requested to be given 60 days in order to comply. Tim McLeod made a motion to adopt the findings of fact that the violations do exist and that the violator be given 60 days to comply and thereafter a fine of 575.00 per day shall be levied. The motion was seconded by David Nuby and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 27. Case # 05-640 A& J Subachan Invest Inc. 380 S Federal Highway Dania Beach, FL Chief Zoning/Code Inspector William Johnson. having been previously sworn in, came forward and presented 2 photographs as evidence. He stated that the property is still in violation of Ch.28.190, non-conforming pole signs. Chairman Bettor asked if there was anyone present to represent A & J Subachan Investment Inc. No one came forward. Tim McLeod made a motion to adopt the findings of fact that the violations do exist and that the violator be given 30 days to comply and thereafter a fine of $60.00 per day shall be levied. The motion was seconded by David Nuby and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 28. Case# 05—787 C & Hilda Knowles 145 NW 2n° Street Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and asked for a continuance of the case to the October meeting. Tim McLeod made a motion to continue the case to the next meeting and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 29. Case # 05 876 LPH LLC Dania Beach Code Board Summary Minutes 13 September 6,2005 726 SW 4 TER Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.14, unlicensed vehicles are still on the property. He presented I photograph as evidence. Chairman Bettor asked if there was anyone present to represent LPH LLC. No one came forward. Terrell McCombs made a motion to adopt the findings of fact by Inspector Baker, move that the violation exists as charged and move that the violator be given 30 days to comply and thereafter a fine of $75.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 30. Case# 05-953 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 4 photographs for the record. He stated that as of today the property is still in violation of Ch.13, Sec. 13-34A, there is still overgrowth on the property, Ch. 8, Sec. 8-21 (4) F, fence needs repair, Ch.8, Sec.8-21 A5A 1&2, building has not been cleaned or painted. Chairman Bettor asked if' there was anyone present representing Real Estate Dev. I LLC. No one came forward. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist as charged and that the violator be given 30 days to come into compliance or 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 McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 3l. Case# 05— 1010 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 2 photographs as evidence. He stated that as of today the property is still in violation of Ch.8, Art.II, Sec.8-21(4)F, fence needs repair, Ch.8, Art.11, Sec. 8.21A5A 1&2, the building still needs repair and paint. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist and that the respondent be given 30 days to come into compliance and thereafter a fine of S200.00 per day shall be levied. Judy Jensen seconded the motion and it carried on the following roll call: Dania Beach Code Board Summary Minutes 14 September 6, 2005 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 32. Case # 05— 1104 C & Y Invest Group LLC 5050 SW 40 Ave Ft. Lauderdale, FL Code Inspector Eric Baker, having been previously sworn in, came forward asked for continuance of the case to next month's board meeting. Tim McLeod made a motion to continue the case to the October meeting and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 33. Case #05 — 1165 Kathryn Fritz 4750 SW 27 Ave Ft. Lauderdale, FL Code Inspector Gary Phaneuf. having been previously sworn in, came forward and presented 1 photograph for the record. Fie stated that as of today the property is still in violation of Ch.14,Sec.14-2, vehicle has no valid license plate. Chairman Bettor asked if there was anyone present to represent Kathryn Fritz. No one came forward. Judy Jensen made a motion to adopt the findings of Code Officer Gary Phaneuf that the violation exists, move that the violator be given 30 days to comply and thereafter a fine 575.00 per day shall be levied. Terrell McCombs seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes There being no other business, the meeting was adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 15 September 6, 2005 CITY OF DANIA BEACH CODE ENFORCEMENT BOARD SUMMARY MINUTES OCTOBER 3, 2005 Present Others Present Jimmy Peterman William Johnson, Chief Code Inspector Tim Me Leod Theodore Perez, Code Officer Terrell McCombs - Gary Phaneuf, Code Inspector Richard Bettor (Chairman) William Dubisky, Code Inspector Gloria Brandes, Board Clerk Timothy Ryan, City Attorney David Nuby (absent) Judy Jensen (absent) 1. Chairman Bettor called to order the code enforcement board meeting for October 3, 2005 at 6:48pm and asked for approval of the minutes for the September 6, 2005 meeting. Tim McLeod made a motion to approve the minutes and was seconded by Jimmy Peterman. The motion carried on the following roll call; Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor— yes 2. Chief Code/Zoning "Officer William Johnson, came forward and was sworn in. He reviewed the past cases as follows: Case # CEB 00-0693, Samiyeh Inc. paid $1,500.00, balance owed $9,880.00. Case # CEB 01-0072, Wallfarth paid $37,175.00 on 9/13/05. Case # CEB 99-0261, Scotto paid $750.00 on 9/18/05, Case # CEB97-0418, Stern paid $3,400.00 on 9/16/05. He read the past cases that have complied as follows: Case 05-0763, Lucille & Ernest Sandstrom, complied 9/7/05. Case # 05-0668, Griffin Investment Realty, complied 9/7/05. Case # 05-458, Jose & Eliette Soto, complied 9/3/05. Case # 05-0849, Catherine Egholm, complied 8/25/05. Case # 05-1024, Shehadeh Mesad, complied 9/29/05. Mr. Johnson read tonight's cases that have come into compliance as follows: Case # 05-0787, Hilda C Knowles complied 9/22/05. Case # 05-1104, C & Y Investments Group LLC complied 9/22/05. Case # 05- 0885, Saad Mahmoud, complied 10/3/05. Case # 05-1107, Vito & Maria Dibenedetto, complied 9/27/05. Case # 05- 1287, Anthony Schiettino, complied 10/3/05. Case # 05-1345, Natalia Kogan & Wilfred Wright complied 9/26/05. Case # 05-1352, Proshkin Roman & Kimov Yulia complied 9/22/05. Case # 05-1390, JSRJ Inc., complied 9/26/05. Jimmy Peterman made a motion to dismiss all the cases that have come into compliance was seconded by Tim McLeod. The motion carried on the following roll call; Dania Beach Code Board Summary Minutes I October 3,2005 Tim McLeod— yes .Timmy Peterman— yes Terrell McCombs—yes Richard Bettor—yes 3. Motion to Confirm Fine — Case # 04-1665 — Isaac Argoitia 'h Int (gone Argotia— 101 SE 2 Court Code Inspector William Dubisky came forward and was sworn in. He stated that pursuant to the order of the board corrective action should have been taken on or before 05/27/05. He said reinspection of the property on 8/1/05 revealed that corrective action had been taken and the property was complied as of' that date. Mr. Dubisky said that this was a roof violation; they had to replace missing shingles on the roof. Attorney Tim Ryan stated that there was an abatement request pending on this case and suggested that this should be heard before a ruling was made on this case. Chairman Bettor asked if there was anyone present to represent Isaac and Igone Argotia. Igone Argotia, 101 SE 2nd Court, Dania, came forward and was sworn in. Ms. Argotia stated that her English was not very good. She explained that she had called her insurance company, but when the notice had arrived, she was not home because she had went to Spain for her mother's death. She said that her husband had attended the board meeting, but being unable to speak English, he had signed the papers without knowing what they were supposed to do. She also said that her husband does not work and she is asking the board to abate the fine. Attorney Tim Ryan stated that since the defendants were in compliance they would go directly to an abatement request and they would have a minimum fine. Jimmy Peterman made a motion to abate the fine to $250.00 to be paid in 30 days and if not paid within 30 days the defendant can take it to the city commission. The original fine is to be confirmed in the total amount. The motion was seconded by Tim McLeod and it carried on the following roll call: Tim McLeod— yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor—yes Code Inspector William Dubisky made a correction and stated that this case was for a fence violation and not the roof. 4. Request for Extension — Case # 05-0213 — Roberta H. Hansell — 23 SW 3 Street Code Inspector William Dubisky, having been previously sworn in, came forward and stated that the board issue a split order on this case. The first three violations had a compliance date of 8/25/2005 and the other two violations were to comply by 10/24/05. The first three violations were public nuisance, overgrown vegetation, trash and debris along with failure to put house numbers on the building. He said the last two were building violations: one was to replace the roof, and the other to paint the building. Inspector Dubisky said the property has been cleaned but all the other violations have not complied. Chairman Bettor Dania Beach Code Board Summary Minutes 2 October 3,2005 asked if there was anyone present to represent Roberta Hartsell. Roberta Hansell and Timothy Delaney, 23 SE 3 Street, came forward and were sworn in. Ms. Hartsell asked for an extension to get the roof finished because they have been unable to find a contractor to do the work. Mr. Delaney said that one building has been painted and other one pressure cleaned. Mr. William Johnson, having been previously sworn in, came forward and recommended that the defendants be given 60 days to comply because the code officer on the case was unable to attend. Jimmy Peterman made a motion to grant a 60 day extension from 1013105 for all the violations that exist. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod—yes Jimmy Peterman — yes Terrell McCombs—yes Richard Bettor—yes 5. Request for abatement — Case # 05-0115 — Alphonso Thomas & Angie R Freelove 'h Int Ea—800 Phippen Road Code Inspector William Dubisky, having been previously sworn In, came forward and stated that this was originally heard by the board on 7/2/01. The compliance date was 8/10/O1 but the defendant did not comply until 1/10/05. The fine ran for 1,249 days @ $70.00 per day equaling $87,430.00 plus $100.00 recording totaling $87,530.00 owed. This fine was confirmed on 4/01/02. This was a building violation: failure to remove a fence that was falling down; public nuisance, miscellaneous trash, debris and overgrowth; and Ch.22, vegetation, trimming of trees growing over the sidewalk. Paul Woods, Esquire, 8367 Bird Road, Miami, FL, came forward and stated that his client, Dan Davies purchased the property in August 2005 and was unaware of the existence of this fine. He said that he was asking for a motion to abate the fine to a $1,000.00 because his client is interested in renovating the property and there are no existing violations at the moment. Attorney Ryan stated that this was an abatement on a lien that was recorded some time ago. He said that this property was the subject of a foreclosure pursued by the lender, Greg Hibbs, who held the first mortgage on the property. The city had its recorded lien and was joined as a defender in the foreclosure action, and just before the sale of the property, the owners Thomas and Angie FreeLove sold the property to Mr. Davies. He said that it seemed unusual that Mr. Davies did not know about the city's lien since there was a foreclosure which was part of public records. Also, Mr. Woods said that an investor that buys property would do a title search and would know that there is a lien against the property, so that part seemed somewhat incredulous. He said the city was unable to collect on the lien because the property was purchased out of foreclosure so Mr. Davies bought the property subject to the city's lien. Inspector Dubisky presented photographs that showed the condition of the property as of today. Mr. Dan Davies, 2011 NE 17 Street, Fort Lauderdale, FL came forward and was sworn in. He stated that he was unaware of the liens on the property. He said he had cut down the branches in the yard and on the side of the property_ He also said the house needs to be totally rehabbed. He said when he paid off the mortgage to stop the property from Dania Beach Code Board Summary Minutes 3 October 3,2005 going to foreclosure, the plaintiffs attorney told him that there was a portion of that fee that paid to stop the $70.00 per day fine from accruing and believed that was all taken care of. Jimmy Peterman made a motion to abate the amount to 527,000 because of the condition of the property now. Tim McLeod seconded the motion and it carried on the following roll call: Tim McLeod —yes _ Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor— yes 6. Case # 05-0795 Ronald Van Horn & Deborah Shefner 255 SW 15'h Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and presented one photograph for the record. He stated that the property is still in violation of Ch.8, Art. 11, Sec.8-21A (5)D, rocks need to be removed and replaced with live vegetation as per city ordinance. Ron Van Horn and Debra Shefner, 1000 Harrison Street, Hollywood came forward and were sworn in. Ms. Shefner stated that the rocks were there when they purchased the property in February, 2005. She stated that this was rental property and there was no other place for her tenants to park if they removed the rocks and planted grass. Mr. William Johnson. having been previously sworn in, came forward and stated that they had to remove the rocks, plant grass and put in proper parking which is hard surface. Mr. Van Horn stated that the rocks were there upon purchase and did not understand the motive and desire that the city takes in improving the city. Attorney Tim Ryan explained to the defendants that if they need clarification on a policy issue about the ordinance, they needed to address it with the city commission because this board is here to enforce ordinances that they have passed. Mr. Johnson asked that the case be dismissed and to recite property owners under the appropriate ordinance. Tim McLeod made a motion to dismiss the case and was seconded by Jimmy Peterman. The motion carried on the following roll call: Tim McLeod—yes Jimmy Peterman —yes Terrell McCombs—yes Richard Bettor— yes 7. Case# 05—0987 Avery L & Florence Tyler 4470 Ravenswood Road Fort Lauderdale, FL Code Inspector Gary Phaneuf came forward and was sworn in. Mr. Phaneuf presented two photographs as evidence and stated that the defendant is still in violation of the FBC 104.1, concrete slabs poured without building permits. He said that no permits have been pulled and no inspections have been done. Denise Jackson, 4470 Ravenswood Road, Fort Lauderdale, and Trent Morant. 5870 SW Dania Beach Code Board Summary Minutes 4 October 3,2005 36 Ter., Fort Lauderdale, came forward and were sworn in. Ms. Jackson said she was the president of the Marina and has power of attorney. She said that they had an engineer draw up the plans and the paperwork was submitted to the building department and is in plan check. Jimmy Peterman made a motion to adopt the findings of fact that the violation exists as charged and to give the defendants 90 days to comply and thereafter a fine $50.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 8. Case# 05-1015 Denise Paquin 236 SW 12t" Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and presented ten photographs as evidence. Mr. Dubisky stated that the property is still in violation of Ch.15, no occupational license has been obtained and Ch.22, the building has not been converted back to the original number of units. Mr. Johnson, having been previously sworn in, stated that the zoning is RD 8000. Denise Paquin, 236 SW 12`h Street, Robert Roach, a neighbor, 242 SW 12`h Street and Mike Gravel, the translator, 236 SW 12`h street came forward and were sworn in. The defendants identified the photographs presented and they were entered into evidence. Mr. Gravel said that the defendant bought the property the way it is now and has one tenant living on the property. Mr. Roach stated he has lived next door to Ms. Paquin and has not seen anything being built there. Mr. William Johnson, having been previously sworn in, came forward and said that she needed to convert the house back to a single family home, and if she lives there, then she does not need an occupational license. He said she would have to get some plans drawn, submit them, and allow staff to inspect the property. Attorney Ryan looked at the appraisal report that the defendant was given prior to the purchase of the home and it described the property as a RS6000 single family 3 bedroom/2 bath home with a mother-in-law quarters. Mr. Johnson said that mother-in-law quarters are considered a second unit and are not permitted. He recommended giving the defendants 90 days in order for them to get the plans drawn and submitted to the building department. Tim McLeod made a motion to rind that the violation exists as described by the Code Officer and that the respondent be given 90 days to come into compliance or fine of $100.00 per day shall be levied. The motion was seconded by Jimmy Peterman and it carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 5 October 3, 2005 9. Case # 05— 1050 Tadeusz & Lucyna Lagod 346 SE 2 Avenue Dania Beach, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and submitted four photographs for the record. He stated that the property is still in violation of Ch.13; property still has an accumulation of trash and debris. Tadeusz Lagod, 344 SW 2nd Ave, came forward and was sworn in. He identified the photographs presented and stated that he needs about 60 days to comply. Mr. Johnson, having been previously sworn in, came forward and stated that the back yard at this property is full of debris and the defendant has already been given two extensions. He said the city has received many complaints and the defendant has not done much to correct the problem. Jimmy Peterman made a motion to adopt the findings of Code Officer, Gary Phaneuf, move the violator be given 60 days to comply or a fine of S150.00 per day shall be levied. Tim McLeod seconded the motion and it carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor— yes 10. Case # 05-1088 Dania Beach House LLC 37 SW 14 Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and stated that as of today the property is in compliance of Ch.l3, Sec.13-21 & 13-23 and Ch.13, Art.11, Sec.13-34abc. He requested a finding of fact that the violations did exist. Mr. Victor Faith came forward and was sworn in. He stated that he bought the property on 5/15/05 and did not know that there were any violations on the property. He said people were dumping garbage next to his dumpster in the middle of the night. Tim McLeod made a motion to adopt the findings of fact by Code Inspector William Dubisky that the violations did exist as charged but are now in compliance and there would be no fine. Jimmy Peterman seconded the motion and it carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 11. Case #05-1097 Joseph A Ariola 4431 SW 59 Court Fort Lauderdale, FL Code Inspector William Dubisky having been previously sworn in, came forward and presented two photographs. He stated that as of today the property is still in Dania Beach Code Board Summary Minutes 6 October 3,2005 violation of Ch.39, there are still miscellaneous items remaining in public view and FBC 104.1, no permits have been obtained for canopies installed. Joseph Ariola and Robin Ariola, 4431 SW 59 Court, came forward and were sworn in. Mr. Ariola read a statement explaining that he had obtained permits for the driveway and installed the canopy with Broward County. He said the work was done two years before that area was incorporated into the City of Dania. Mr. Johnson, having been previously sworn in, came forward and stated that in the annexation agreement, if the things were there before the annexation the city would not cite them but the defendants needed to show proof such as pictures and documents. Mr. and Mrs. Ariola identified the photographs presented and they were entered into evidence. Tim McLeod made a motion to adopt the findings of fact by Code Officer William Dubisky that the violations still exist and that respondent be given 60 days to comply or fine of$60.00 per day shall be levied. Jimmy Peterman seconded the motion and carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 12. Case 4 05-1326 Kenneth & Melba Butler 195 NW 14`h Way Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and presented five photographs for the record. He stated that the property is still in violation of Ch.13, there is still trash and debris on the property; Ch.14, Sec.14- 2, no reinspection has been requested to verify that the vehicles have been brought into compliance; Ch.25, the commercial vehicle still remains on the property; and Ch. 28, the storage container has not been removed. Carl Butler, 195 NW 101 Way, came forward and was sworn in. Mr. Butler stated that he was the son of the late Kenneth Butler and Melba Butler, who was in the audience. He identified the photographs presented and they were entered into evidence. Mr. Butler stated that his mother has lawn maintenance twice a month and the garbage in the picture was put out for bulk pick up. In reference to the abandoned vehicles on the property, in the past the license plates were being stolen. The vehicles are not abandoned because they are registered to the property. The storage container was storing construction supplies for work being done on the house. Mr. Butler asked for 90 days. Mr. Dubisky interjected to state that the storage container is a violation of the city ordinance, it cannot be left on the property. Also Mr. Dubisky said that he tagged the vehicles with BSO. Mrs. Butler started talking inaudible in the back ground. Board Clerk Ms. Brandes came forward and asked Ms. Butler to come forward and swear in. Melba Butler, 195 NW 141h Way, came forward and was sworn in. Jimmy Peterman made a motion to adopt the findings of fact by Wil Dubisky, move that the violations exists as charged, move that the violator be given 90 days to comply or a fine of$150.00 would be levied. Tim McLeod seconded the motion which carried on the following roll call: Dania Beach Code Board Summary Minutes 7 October 3,2005 Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor—yes 13. Case #05-1116 FILM Properties Inc 4511 SW 30 Way Dania Beach, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and submitted thirteen photos. As of today the property is still in violation of Ch.8, Sec. 8.7, no enclosure around the pool; Ch.8, Sec.8-2la5al&2, building needs paint and repair; Ch.13, Sec.I3-24ABC , property is overgrown and still has accumulation of trash and debris; Ch.13, Sec. 13-29, property still has standing water which is allowing mosquitoes to breed. Teresa Otero, 8320 West Sunrise Blvd. Plantation. FL 33332, came forward and was sworn in. Ms. Otera said that she could not identify the property because she was representing her boss. Attorney Tim Ryan asked Ms. Otero if she was authorized to speak on behalf of the property owners. She responded yes. Ms. Otero said that they are submitting plans to the architect to rebuild a new home. They have a worker who yet has to complete the lawn and maintain the property. Jimmy Peterman made a motion to adopt the findings of fact of Gary Phaneuf, move to find the violations exists as charged, move the violator be given 30 days to comply therefore a fine of S150.00 per day shall be levied. Terrell McCombs seconded the motion which carried on the following roll call: Tim McLeod — yes .Timmy Peterman —yes Terrell McCombs—yes Richard Bettor—yes 14. Case 405-1146 Arturo & Lourdes Maria Silva 3950 SW 51 Street Fort Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and submitted one photo. As of today the property is still in violation of Ch.8, the parking area has not been repaired and Ch.15, the occupational license has not been obtained. Arturo Silva, 7790 SW 134 Street, Miami FL, 33156, came forward and was sworn in. Mr. Silva identified the photos of his property. Mr. Silva said that he just received the notice and he did not have any time to take care of the violations. William Johnson, having been previously sworn in, came forward and recommended that time be given to Mr. Silva to take care of the violations. Mr. Silva asked for 90 days. Terrell McCombs made a motion to adopt the findings of fact of Wil Dubisky, move to find the violations exists as charged, move to find that the violator be given 90 days to comply or a fine of Dania Beach Code Board Summary Minutes 8 October 12005 $100.00 per day shall be given. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor—yes 15. Case #05-1289 Rafi Levy & Limor Mawardi 2615 Stirling Road 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.15, no occupational license has not been obtained; Ch.28, Zoning 6.21, the house of worship or Bible College remains active on the property; Ch. 28, Zoning, Sec.4.20, property is being used to house individuals; Ch.13, 34; Ch.14-2; Ch.28, zoning in regards to the auto sales; and Ch.28, outside storage are all in compliance and we are requesting a finding of fact. Ben William, 3901 SW 58 Street, Fort Lauderdale, FL 33312, came forward and was sworn in. Mr. William said that he is the pastor of the church and he picked up the letter that was posted on the property. Mr. William said that he is beginning to clean up the property, the outside storage and the cars. Mr. William said that he is trying to bring the property into compliance with relocating the people who are short term residing on the property. William Johnson, having been previously sworn in, came forward and said that the site does not meet the parking requirements of the church at this location. Jimmy Peterman made a motion to adopt the findings of fact of Wil Dubisky, move to find the violations exists as charged, move that the violator be given a 120 days to comply and thereafter a fine of $100 per day shall be levied. Attorney Tim Ryan amended the motion to state that 30 days should be given to discontinue the living arrangements and 120 days for the parking and occupational license. Also to include the finding of fact that the other violations existed but are now in compliance. Mr. William asked for 60 days. Jimmy Peterman amended the motion to 60 days to remove the occupants residing at the property. Tim McLeod gave the stipulation with the motion that Mr. William does not take in any new occupants. 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 9 October 3, 2005 Case #04-0052, 404-0053, and 404-1094 all carried on the same roll call. 16. Case # 04-0052 J & J Properties of Broward Inc Vacant lot north of 34 SE 1 Avenue Dania Beach, FL Case #04-0053 J & .1 Properties of Broward Inc Vacant lot north of 34 SE 1 Avenue Dania Beach, FL William Johnson, having been previously sworn in, came forward and stated the cases were for confirming fines. Attorney Tim Ryan said that the attorney who is of the Jewish persuasion was not present due to the Jewish holiday; therefore, the case should be continued. Tim McLeod made a motion to continue the cases #04-0052 and #04-0053. Jimmy Peterman seconded the motion. 17. Case #04-1094 Sharon Bachar 2446 SW 58 Manor Fort Lauderdale, FL William Johnson, having been previously sworn in, came forward and asked attorney Tim Ryan if the other cases of the Jewish holiday will be continued also. Attorney Tim Ryan said that this case will also be continued. Tim McLeod made a motion to continue the case until next month. The motion was seconded by .limmy Peterman and carried on the following roll call: Tim McLeod —yes Jimmy Peterman— yes Terrell McCombs — yes Richard Bettor—yes 18. Case 404-1735 Richard L Bulow Tr 4100 Ravenswood Road Fort Lauderdale, FL Attorney Tim Ryan stated that the property owner is submitting a site plan for a non-conforming use; therefore, this should be a continuance. Tim McLeod made motion to continue the case until 60 days. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod— yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor— yes Dania Beach Code Board Summary Minutes 10 October 3, 2005 19. Case 905-643 Joan Leto Tr 320 S Federal Highway Dania Beach, FL William Johnson, 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 20. Case #05-0440 Florida Sweeping Inc 4340 SW 44 Avenue Fort Lauderdale, FL William Dubisky, having been previously sworn in, came forward and asked for a continuance until the next meeting. Terrell McCombs made a motion to continue the case. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod— yes Jimmy Peterman — yes Terrell McCombs—yes Richard Bettor—yes 21. Case #05-0931 Charles Rhodes 1303 SW 2 Avenue Dania Beach, FL William Johnson, having been previously sworn in, came forward and asked for a continuance. Jimmy Peterman made a motion to continue the case until the next meeting. Tim McLeod seconded the motion which carried on the following roll call: .. Tim McLeod — yes Jimmy Peterman—yes Terrell McCombs— yes Richard Bettor—yes 22. Case #05-0992 Earl H Burns 19 SW 15 Street Dania Beach, FL William Dubisky, having been previously sworn in. came forward and stated that as of today the property is still in violation of Ch. 13, there is miscellaneous trash and debris remaining on the property, and no occupational license has been issued. Mr. Dubisky said that he has spoken to Mr. Burns and he is requesting 30 days. Jimmy Peterman made a motion to adopt the finding of fact by Wil Dania Beach Code Board Summary Minutes I I October 3, 2005 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#05-1142 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 26. Case#05-1147 Williston & Norma L Parker 3941 SW 51 Street Fort Lauderdale,FL William Dubisky, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch. 39, public nuisance, the property remains overgrown with miscellaneous trash and debris; Ch. 15, no occupational license has been obtained; Ch.8-21a2g, windows still remain broken; and Ch. 8-21, the fence remains in a state of disrepair. The Ch. 39, outside storage has complied. Chairman Bettor entered four photos into evidence. Tim McLeod made a motion, to adopt the findings of fact per our code officer, that the violations do exists, that the respondent be given 30 days or a $150.00 per day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod —yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 27. Case#05-1150 Marlene Warheit 3960 SW 51 Street Fort Lauderdale, FL William Dubisky, having been previously sworn in, came forward and stated that the property is still in violation for Ch.8-21, the pavement repairs made are not acceptable; and Ch.15, no occupational license has been obtained. Mr. Dubisky submitted three photos into evidence. Tim McLeod made a motion, to adopt the findings of fact presented by our code officer, the violations do exist and the respondent be given 30 days or a $150.00 per, day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor— yes 28. Case#05-1158 William T Parker 3951 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.15, no occupational license has been obtained; and Ch.22, the building numbers have not been installed. A fine is running for a public nuisance of outside storage and fence violation. Chairman Bettor entered one photo into evidence. Tim McLeod made a motion, to adopt the findings of fact presented by our code officer, the violations do exist and the respondent be given 30 days to comply or a $150.00 per day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Dania Beach Code Board Summary Minutes 13 October 3, 2005 Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 29. Case#05-1247 Antonietta Nicosia 'A Int Giovanni Nicosia Etal 35 SW 4 Street Dania Beach, FL William Dubisky, having been previously sworn in, came forward and asked for a dismissal because the property complied. Tim McLeod made a motion to dismiss the case. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes - Jimmy Peterman—yes Terrell McCombs —yes Richard Bettor—yes 30. Case#05-1337 Jardins LLC 3088 Griffin Road Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.]'), Art.11, See.13-34 ABC, property is overgrown with accumulation of trash and debris. Chairman Bettor entered 7 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact as presented by our code officer, that the violations do exist and the respondent be given 30 days to bring it into compliance or a fine of $100.00 per day. Jimmy Peterman seconded the motion which carried on the following rolf call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor— yes 31. Case#05-1350 Fannie Bennet 237 NW 5 Avenue Dania Beach, FL Code Inspector Theodore Perez came forward and was sworn in. Mr. Perez said that as of today, the property is still in violation of Ch.8, Art.11, Sec. 8-214f, the accessory structure is still in a state of disrepair; and Ch.13, Art.11, Sec.]3-34 abe, overgrown vegetation along the fence. The property owner has not made an attempt to put the property into compliance. Chairman Bettor entered 2 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact by our code officer, that the violations do exist and the respondent be given 30 days or a $150.00 per day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Dania Beach Code Board Summary Minutes 14 October 3,2005 Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 32. Case#05-1353 Yolanda Van Cura 213 NE 2 Avenue Dania Beach, FL Code Inspector Theodore Perez, having been previously sworn in, came forward and submitted four photos. Mr. Perez said that as of today the property is still in violation of Ch. 8, Art.II, Sec.8-21a, deteriorated facia boards; Ch. 8, Art.I1, Sec.8-21, fence is still in a state of disrepair; Ch. 13, Sec.]3-29, standing water; and Ch.22, Sec.22-511), overgrown trees still over the streets and sidewalk. Ch.]'), the overgrown weeds and vegetation are in compliance. The property owner has made an attempt to bring the property into compliance by cutting the grass on the property. Tim McLeod made a motion, to adopt the findings of fact that the violations do exist and the respondent be given 30 days to come into compliance or a fine of 5150.00 per day. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes .Timmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 15 October 3,2005 DANIA BEACH CODE ENFORCEMENT BOARD D LS C E 0 M(� 100 WEST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 2005 (954)924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation CASE #CEBOI-0115 Plaintiff, APPEAL FOR AUTHORIZATION TO FORECLOSE AND/OR ABATEMENT Vs. OF FINE ALPHONSO THOMAS bt ANGIE R. FREELOVE Defendants / Dan Davies through his undersigned attorney hereby appeals the Dania Beach Code Enforcement Board authorization to Foreclose on the property located at 802 S. Phippen Road, Dania Beach, FL 33004-3821 based on violations for problems with the fence, overgrown vegetation and trash around the premises since July 2001. Dan Davies recently purchase the property from Mr. Alphonso Thomas, the owner during the time these violations occurred. Mr. Davies has taken immediate action as the current owner to remove these violations and respectfully requests that the Board rescind the authorization to Foreclose, or, in equity, abate the fine which has escalate to an exorbitant amount. It will be in the interests of justice and fairness that a more reasonable remedy or penalty be assessed under the current facts and circumstances. Respectfully submitted LAW OFFICES OF PAUL B. WOODS 8367 Bird Road Miami, FL 33155 Tel,: (305)�60_ Paul B. Woods Fla. Bar#332135 CERTIFICATE OF SERVICE I HEREBY CERTIFY that rue a t and correct copy of the foregoing was sent by U.S. mail this 2v 4 day of --- 2005, to: Tim Ryan, Attorney for Board 700 East Dania Beach Blvd.,Dania Beach,FL 33004-3090. LAW OFFICES OF PAUL B. WOODS 8367 Bird Road Miami, FL 33155 Tel.: (305) -9060 Paul B. Woods Fla. Bar#332135 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Case Number CEB01-0115 municipal corporation, Plaintiff, vs. AFFIDAVIT OF NONCOMPLIANCE ALPHONSO THOMAS & ANGIE R. FREELOVE Defendants/ STATE OF FLORIDA ) COUNTY OF BROWARD ) I, William Dubisky, Code Inspector, for the City of Dania Beach, who, after being duly sworn, depose and say: 1. That on July 2, 2001, the Dania Beach Code Enforcement Board held a public hearing and issued its Final Order on the above styled cause. 2. That pursuant to said Order, Defendants were to have taken certain corrective action on or before 8/10/01. 3. That a reinspection of the pro pert located at 800 Phippen Road, Dania Beach, Florida was performed on ►-� I Q� 4. That the reinspection revealed that the corrective action ordered by the Board// /�h��as not been taken in that F-.y.r� A,-M FURTHER AFFIANT SAYETH NAUGHT. Dated this day ofr�r.� 2002. W� Code Inspector Ov- 09s(. GPLAW - Law Offices of Gregory Pillon, P.L. Gregory F. Pillon, Attorney 730 N.W. 40`h Avenue, Miami, Florida 33126 Phone: 305-642-1440 Fax: 305-649-7041 September 24, 2006 City of Dania Beach City Commission Attn.: Code Enforcement Divisions 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: 800 Phippen Road Lot 9 Blk 3 COLLEGE TRACT PB 19/9 Folio No. 1203 34 0310 Code Enforcement liens ORB 33141/ 815 & ORB 33141/ 820 City of Dania Beach v. Anh Nuyen & Guido Lopez, Trustees Case No. 06-009846 (09) Dear Sirs: I represent Guido Lopez, one of the owners of the above property. I am writing to request a hearing at the next available date for an abatement on the above liens. The property was brought into compliance on January 10, 2005. The City has inspected it. When Guido purchased the property, it was a mess. He removed the junk and debris, cleaned up the yard, and tore down the dilapidated fence (the reason the City tiled its liens). The house on the property was in deplorable condition. In order to get the house in shape, Guido has the house completely re-roofed (down to the trusses), fixed the sinking sub-floor and floor, and repaired some damaged drywall. Previously Guido did get an abatement from the City. He then got approval for a loan from a private investor to pay the City. However, when I did the title work, 1 found his title was not marketable. I have now cleared up the numerous title problems (which took some time), have the lender's money in my title company escrow account, and am ready too close the loan—pending resolution of the City's liens. 0 am attaching documents that cleared up the title.) The main title problem was a break in the chain of title created by the deed from Gregory Hibbs to Alphonso Thomas and Angie Freelove, the owners the City tiled its liens against. Gregory Hibbs owned the property with his wife, Nancy f Iibbs but she never conveyed out. This break in the chain of title to the property was previous to both Guido's ownership of the property and the tiling of the City's liens. I have spoken with the City's attorney Mark Elia about the title problems. He has been patient, helpful, and most courteous while I resolved the problem with the break in the chain of title and the other title problems on the property. So you will have the information to facilitate the hearing, 1 am sending you the correspondence and attachments I sent Mr, Elia on September 19. Thank you. If you have any questions or need further information, please call. Very truly yours, Gregory F. Pillon GPLAW Law Offices of Gre2ory Pillon, P.L. Gregory F. Mon, Attorney 730 N.W. 40th Avenue, Miarni, Florida 33126 Phone: 305-642-1440 Fax: 305=649-7041 September 19, 2006 Mark C..Elia, Esq. Ryan & Ryan.LLC 700 East Dania Beach Blvd. Third Floor Dania Beach, FL 33004-3000 RE: City of Dania Beach v. Guido E. Lopez,Trustee, et al Case No.,06-009846(09) Your file no. 19995D Clearing up title problems Dear Mr. Elia: Thanks for your patience. I wanted to get all my ducks in a row before 1 sent you everything. To refresh your memory, I was ready to close a loan on the property back in May but ran into a number of title problems. (See our title commitment.) Attached are all the documents to clear title to the property except for the Monogram judgment and the City of Dania Beach's liens. The payoff on the Monogram judgment is approx. $3,450.00 to 10/19/06. Of course the biggest obstacle to closing the loan is now the City's liens. If not David.E. Keller, please let me know who I write on Guido's behalf to request an abatement of the City's liens. 1 am now holding the lender's funding money for the loan in my trust account. If you have any questions,please call. Thank you. Very truly yours, .,Gregory F. Pillon LAW OFFICES WILLIAM J. MCPHARLIN A PROrEssiONAL AssocunoN SUrrs 122 BERKLEY SOUTH BUQAE4G 3015 NORTH OCEAN BOULEVARD FORT LAUDERDALE,FL 33308 TELEPHONE(954)566-8893 FAX(954)566-8869 FAX COVER SHEET TO: Gregory Pillon, Esq. FAX#: 305-649-7041 PHONE#: 305-642-1440 DATE: March 24,2006 RE: Gregory J. Hibbs v. Alphonso Thomas,et al FROM: William J. McPharlin,P.A. PAGES (including cover sheet): 2 MESSAGE: In response to your letter to me dated 5/22/06,enclosed is a copy of a Satisfaction of Mortgage recorded in OR Book 40719,Page 1230. This satisfies the Mortgage recorded at OR Book 22990,Page 362. With respect to your request for a copy of the dismissal of the foreclosure action, since a final judgement was entered,a dismissal would not be appropriate. The above Satisfaction of Mortgage also satisfies and cancels the Final Judgement. Nothing,further should be necessary with respect to either the mortgage,the judgment or the foreclosure action. I will not ask Mr.and Mrs Hibbs to sign a Warranty Deed to correct a Quit Claim Deed. Please furnish a corrective Quit Claim Deed. Also,Nancy C. Hibbs is referred to in the corrective Warranty Deed as"Hobbs". THIS FACSIMILE CONTAINS PRIVILEGED AND CONFIDENT ALINFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUALOR ENTITY NAMEDABOVE. IF THE READEROFTHIS FACSIMILE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THATANYDISSEMINATION OR COPY OF THIS FACSIMILEIS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE IMMEDIATELY NOTIPY THE SENDER BY TELEPHONE (COLLECT). THANK YOU. Div vvvv i L/ L INSTR 0105452543 This instrument prepared by:+Rt f u Nn YD: OR SK 40719 Pages 1230-1230 J. McPhariin, Es William . RECORDED 10/13/0510:1 V7 rl BROWARD COUNTY COMMISSION 3015 N. Ocean Blvd, Suite 122 DEPUTY CLERK 1043 Fort Lauderdale, FL 33308 91,1 Pages SATISFACTION OF MORTGAGE KNOW ALL MEN by these presents: that GREGORX J.H IBBS, the owner and holder ofa certain Mortgage executed byALPRONSO THOMAS and ANGIE R FREELOVE, bearing date the 15"' day of December, 1994, recorded in Official Records Book 22990, Page 362, of the Public Records of Broward County,Florida,securing a certain Note in the principal sum of Sixteen Thousand Eight Hundred Dollars and 00/I00 ($16,800.00), which Mortgage encumbers property situate in said State and County described as follows, to-wit: Lot 9,Block 3, "COLLEGE TRACT'according to the Plat thereof,as recorded in Plat Book 19, Page 9 of the Public Records of Broward County,Florida, hereby acknowledges full payment and satisfaction of said Note and Mortgage, and hereby cancels the same of record; and further acknowledges full payment of the Summary Final Judgment Of Foreclosure entered July 19,2005 and recorded in Official Records Book 40120,page 1882,of the Public Records of Broward County,Florida,and cancels said Judgment of record,together with the Notice of Lis Pendeos recorded in Official Records Book 38816,page 1879,of the Public Records of Froward County, Florida.. WITNESS my hand and seal this day of September, 2005. gory STATE OF FLORIDA COUNTY OF BROWARI7 THE FOREGOING INSTRUMENT wavAcknowledged before me this ar-- day of September,2005,by Gregory J.Hibbs,who is ✓personally kno o me_or who produced as i fl tion. Notary Pub c rate of Flori Ire O�tK My commi s' n expir n OFF'LOMM i CFN N 106322238, OR BK 42541 Page 168, Page 1 of 1, Recorded 08/04/2006 at 03:03 PM, Broward County Conmission; Deputy Clerk 1004 I. 07/13/2002 11:43 9544623954 BRAMY BAIL BO\DS PAGE 03/07 Brandy Bail Bards,Inc. 916 South Andrews Avenue Fat Lauderdale,Flodda 33316 OLAce(954)463-4333 This abM apace far Re xft orrm use 6ATMFACIION OF MORTGAGE BY A COR ATION 00"ALL MEN BY 1716E PRESM:That ACCOIDIIFb SURETY A CASUALTY COMPANY,mrpvft ofem kiahed at 40C SWM Pare Road,Sub 320 IA oa,Park Nodda 32789,a mPoretba exaM undo,the mwa of Me State of Florida,the Comm arid fade of a certain Mw*pe Ayreanert eemnrmd W Me Davles to Aoxd9ed Songs a ca"BLY CanWY,Inc belling are deco of NwArnar 17e,A.D.2005,recorded in Omdel Remrdr Book that MUM note farthe pdrrd�sun In the of��Tboueand US DaBore GrOftCourt �%100(of B S rd�;0 fbrlde and SocA ! And arakr pnxmrea and olAlRMked tat brM!n Mid MWWS Ala ernent,upon Ire pmpmty a h,*In veld Sam and Counts descrbed Se Um o,to wC Lat91a Bloat B of ODLk!@lTTWCf,acopNal m t)Ire Pat tMae, as Moortled a Plat Book 19 at Pale 9 of the Pubac Records of Brassard Courdyr Plorlda. NwmY aduarNedpes NO Paymaa and saddhoaaa dead note and Mortlepa Agnes,,,and wncldera the same as aenoded,and hereby direct,the Clerk of Bald Cbwa Curt to anal aim of Ia= IN WnNESS WHMW Tha mklCDMvddcn has autcd<hmo P cw t tD be aeoj*d it ads IS and end So A �T p,reel m beD.1006,heraunm ofkay byas ProPor Wines alive noruly swarme dd, day of . . SION®,SEA ED AND DEMEM in em presence oP. (Orrpora6?Seal) Amedlmd SuratY B C,,,WLyyCC�urp" � L Sa nw klad,Vy:Pradft— Johnny 7elmd,vke ResklaK w1ureQ Wlaess Pitt Name: _ PMt Names; STATE OP RORIDA—COUNTY OFOPANGO SS: _TIN far9ekq Insaunent sate adeeevledped boacro ma on the afarideld dam L Semlr]egad Via Pcrsonnly k aelo arid who dd Vlor drlot�VISPWV dY d Amedad wraty s Osah�rrrP-®T+'Y'.�L�rc end both wMem my hand and oflkJal seal m Me Gaudy and State mat aroraam Mla�day of 24 2006. MyConanbslpi mpkea: KAINCOCIt walm A4� C OM"SmIrou3somNohry Pu - be Rare PHM Name: This 9lm Is n affeea' WIRES tgORap aaemneuusxoram rdY Strety Bond Nd(ai;AB-235B85 aaued Tar pan D.V. I jai' rv�p. n s 'i.�'4., � Aj+!�j lV • /�/1C��G/ !l�C'��`WW �� 4107 •._ Y LMK. .7 s'a.if ` FLORIDA August 22, 2005 Mark C. Elia, Esq. Ryan & Ryan, LLC Third Floor 700 E. Dania Beach Blvd. Dania Beach,FI 33004-3090 Re: Gregory J. Hibbs v. City of Dania Beach Case No. CACE 05-147 (25) Your File No. 19422D Dear Mark: Enclosed is the signed Proof of Claim Affidavit pertaining to the above referenced case. If you need anything else,just let me know. Very truly yours, loria Brandes Code Enforcement Office Supervisor /gb encl. `Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us LAW OFFICES RYAN & RYAN, LLC THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33004-3090 ARCHIE J.RYAN It TIMOTHY M.RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247 MARK C.ELIA 'Board Certified City. County and Local Government Lawyer ►, August 16, 2005 Mr. William Dubisky AUG 22 J Code Enforcement Inspector City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Re: Gregory J. Hibbs v. City of Dania Beach Case No. CACE 05-147 (25) Our File No. 19422D Dear Mr. Dubisky: Enclosed herewith please find "Defendant, City of Dania Beach's, Proof of Claim Affidavit" together with a copy of the City's Answer and Affirmative Defenses, City's Motion to Disburse Funds, and the Final Order and Supplemental Order in CEB Case 01-0115. After you have reviewed the enclosures, please sign and notarize the Affidavit and return it to the undersigned in the stamped, self-addressed envelope enclosed for your convenience. Thank you for your cooperation. If you have any questions, please free feel to contact my office. Very truly yours, MARK C. ELIA MCE/er enclosures L:IElaineTorm Filelcvr Ilr to W.Dubisky with Proof of Claim Aff Hibbs wool wool IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GREGORY J. HIBBS, Plaintiff, V. CASE NO. CACE 05-147 (25) ALPHONSO THOMAS, MRS. THOMAS ANGIE R. FREELOVE, MR. FREELOVE, MONOGRAM CREDIT CARD BANK OF GEORGIA AND CITY OF DANIA BEACH, Defendants. DEFENDANT, CITY OF DANIA BEACH'S, PROOF OF CLAIM AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD On this day personally appeared before me, the undersigned authority, WILLIAM DUBISKY, to me well known, who being first duly sworn, deposes and says: 1. Affiant is the Code Enforcement Officer of the City of Dania Beach and is authorized to make this affidavit on its behalf. 2. Affiant, based upon his own personal knowledge , acknowledges and agrees with the facts as stated in Defendant,CITY OF DANIA BEACH'S Answer and Affirmative Defenses,and CITY'S Motion to Distribute Funds filed in this cause. 3. The statements made herein are made upon his own personal knowledge. 4. Pursuant to the July 11, 2001 Final Order entered by the City of Dania Beach against Defendants, ALPHONSO THOMAS and ANGIE R. FREELOVE, City of Dania Beach ordered ALPHONSO THOMAS and ANGIE R. FREELOVE to pay a $70.00 per day fine commencing August 10, 2001 and terminating on the day of Final Judgment in this case, July 19, 2005. 5. ALPHONSO THOMAS and ANGIE R. FREELOVE failed to come into compliance with the July 11, 2001 order, and accordingly on May 16, 2002, City of Dania Beach recorded a Claim of Lien in O.R. Book 33141,Page 820,of the Public Records of Broward County,against property legally described as LOT 9,BLOCK 3, COLLEGE TRACT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 19, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. A/K/A 802 SOUTH PHIPPEN ROAD, DANIA, FLORIDA 33004, the subject property in this case. 6. City of Dania Beach incurred a$100 charge for recording the lien. 7. City of Dania Beach is entitled to the following amounts: A. Per diem lien of$70.00 from August 10, 2001 to July 19, 2005 $100,730.00 B. Fee for recording lien 100.00 TOTAL $100,830.00 8. City of Dania Beach has retained the law firm of Ryan&Ryan LLC to represent it in this action and is obligated to pay the firm a reasonable fee for services rendered in this lawsuit. FURTHER AFFIANT SAITH NAUGHT. WILLIAM DUBISKY Sworn and subscribed before me on_ 2005 by WILLIAM DUBISKY, who is personally known to me OR produced as identification. O 4taryPNubl' - State of Florida PrintedName:_d&r;o- T Brander Commission No.: DD 1 d 7 a6 D My Commission Expires: S 14107 F:0ainelBil1ing0ania Beach adv G.Hibbs Proof of Claim AH.wpd IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GREGORY J. HIBBS, Plaintiff, CASE NO. CACE 05-000147 V. ALPHONSO THOMAS, MRS. THOMAS, ANGIE R. FREELOVE, MR. FREELOVE, MONOGRAM CREDIT CARD BANK OF GEORGIA, AND CITY OF DANIA BEACH, Defendants. DEFENDANT'S, CITY OF DANIA BEACH, ANSWER AND AFFIRMATIVE DEFENSES Defendant, CITY OF DANIA BEACH, by and through its undersigned attorney, hereby files this its Answer and Affirmative Defenses,and alleges: ANSWER I. Defendant,CITY OF DANIA BEACH,admits those allegations contained in Paragraph 11. 2. Defendant, CITY OF DANIA BEACH, is without knowledge as to the allegations in Paragraphs 1-10 and 12-14 and therefore denies same and demands strict proof thereof. 3. Each and every remaining allegation not herein specifically admitted is hereby denied. AFFIRMATIVE DEFENSES . 4. Defendant,CITY OF DANIA BEACH,asserts if any municipal lien in favor of CITY shows recording dates prior to that of the Plaintiff's interests, that any such prior recorded interests or liens must be deemed superior in dignity to the Plaintiff's interests and therefore be paid. 5. Defendant, CITY OF DANIA BEACH, further asserts that should any of the CITY's interests, mortgages or liens be otherwise determined to be superior pursuant to any other state statutes or city codes, that the CITY's liens be given priority and paid in full. i CASE NO. CACE 05-000147 WHEREFORE,Defendant,CITY OF DANIA BEACH,requests the entry ofa judgment determining the superiority and the priority of its liens and disbursing the proceeds from any judicial sale in accordance with its lien interests and the priorities determined by this Court. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S.Mail to William J.McPharlin,Attorney for Plaintiff,3015 N. Ocean Blvd., Suite 122,Ft.Lauderdale, FL 33308, this may of January, 2005. RYAN&RYAN,LLC Attorneys for City of Dania Beach 700 East Dania Beach Boulevard Third Floor Dania Beach, FL 33004 Telephone: 954-920-2921 Fax: 954-921-1247 By: �YOrida Bar No. 695734 2 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT N AND FOR BROWARD COUNTY, FLORIDA GREGORY J. HIBBS, Plaintiff, V. CASE NO. CACE-04-9378 (08) ALPHONSO THOMAS, MRS. THOMAS ANGIE R. FREELOVE, MR. FREELOVE, MONOGRAM CREDIT CARD BANK OF GEORGIA AND CITY OF DANIA BEACH, Defendants. DEFENDANT, CITY OF DANIA BEACH'S MOTION TO DISBURSE FUNDS Defendant, CITY OF DANIA BEACH (hereinafter "CITY'), by and through its undersigned attorney, and files this Motion to Disburse Funds and states: 1. A Summary Final Judgment of Foreclosure in favor of the plaintiff in the amount of$33,274.60 was entered by this Court on Julyl9, 2005. A copy of said Judgment is attached hereto as Exhibit "A". 2. Paragraph 6 of the attached Summary Final Judgment of Foreclosure states that the Clerk shall distribute the proceeds of sale by paying Plaintiff's costs,documentary stamps, attorneys fees, the amount due the Plaintiff, and continues that the Clerk shall retain any amount remaining pending further order of this court. 3. A certificate of sale was issued by the Broward County Clerk of the Circuit Court on for the property foreclosed in this action. 4. The property foreclosed in this action was sold for a sum of$ which is in excess of the combined sum due to Plaintiff, GREGORY J. HIBBS. 5. Defendant,CITY's, lien was recorded on May 16,2002 in Official Records Book 33141,Page 820 Broward County,for Code Enforcement fines levied against Alphonso Thomas and Angie R.Freelove for violations occurring on the subject property, as stated in the Final Order and Supplemental Order entered by the Dania Beach Code Enforcement Board in case number CEB01-0115. 6. The fine levied in the Dania Beach Code Enforcement Board case number CEB01-0115 was $70.00 per day which commenced on August 10,2001 and ended July 19, 2005, when the Court entered Summary Final Judgment in this case. 7. Based upon the CITY'S lien and CITY'S pleading filed in this action, CITY is entitled to disbursements from foreclosure sale surplus. Household Finance Services Inc. v. Bank of America 883 So.2d 346, 348 (Fla 4"DCA 2004). 8. Pursuant to the Dania Beach Code of Ordinances, Section 2-15,the CITY is entitled to recover attorney's fees incurred in recovering on its lien in this case. 9. Defendant, CITY, is owed the following amounts: A. Claim of Lien recorded May 16, 2002 in OR Book 33141, page 820 of the Public Records of Broward County $ 100,730.00 B. Recording fee $ 100.00 C. Attorney's fees $ 1,176.00 1 TOTAL $ 102,006.00 10. The amount of$102,006.00 is still due and owing to Defendant, CITY. WHEREFORE, Defendant CITY moves this Honorable Court for an Order Directing the Clerk to Distribute the remaining funds in the Court Registry up to $102,006.00 to Defendant, City of Dania Beach. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Distribute Funds was furnished to the parties on the attached service list by U.S. Mail, this day of August, 2005. LAW OFFICES OF RYAN & RYAN, LLC Attorneys for Defendant, City of Dania Beach By: TIMOTHY M. RYAN/Florida Bar No. 325831 MARK C. ELIA/Florida Bar No. 695734 700 East Dania Beach Boulevard,Third Floor Dania Beach, Florida 33004 Telephone (954) 920-2921 Fax (954) 921-1247 FAElaine0iling0ania Beach adv G,Hibbs Motto Disbursempd IN THE CIRCUIT COURT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 05-147 (25) GREGORY J. HIBBS, Plaintiff, V. ALPHONSO THOMAS, MRS. THOMAS, ANGIE R. FREELOVE, MR. FREELOVE, MONOGRAM CREDIT CARD BANK OF GEORGIA AND CITY OF DANIA BEACH, Defendants. SUMMARY FINAL JUDGMENT OF FORECLOSURE THIS ACTION was heard on Plaintiff's Motion for Summary Judgment and the Court having considered the Affidavits attached to said motion, having heard argument of counsel, finding that there is no genuine issue of fact and that the Plaintiff is entitled to a Judgment as a matter of law,and being otherwise fully advised in the premises, it is ADJUDGED that: 1. Plaintiff, GREGORY J. HIBBS, is due $13,547.53 for principal, $12,604.91 for interest to the date of this Judgment,$931.16 for real property taxes, $1,800.00 for code compliance, S800.00 as fees to Burton Mars as guardian/attomey/administrator ad litem, $606.00 for costs and f 7-il S S-oofor attomey's fees,under the Note and Mortgage sued on in this action, making a total of$'�3, 2 7 q , L o that shall bear interest at the rate of 12% a year. 2. Plaintiff holds a lien for the total sum superior to any claim or estate of Defendants, ALPHONSO THOMAS, MRS. THOMAS, ANGIE R. FREELOVE, MR. FREELOVE, MONOGRAM CREDIT CARD BANK OF GEORGIA, AND CITY OF DANIA BEACH on the EXHIBIT "All following described property in Broward County, Florida: Lot 9, Block 3, "COLLEGE TRACT" according to the Plat thereof, as recorded in Plat Book 19, Page 9, of the Public Records of Broward County, Florida. 3. If the total sum with interest at the rate prescribed in paragraph 1 and all costs accruing subsequent to this judgment are not paid, the Clerk of this Court shall sell the property at public sale on 2005, at 11:00 a.m., to the highest bidder for cash, except as prescribed in paragraph 4, at the Lobby of the Courthouse, at 201 S.E. 6th Street, Fort Lauderdale, Florida, in accordance with F.S. § 45.031. 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property at the sale. If Plaintiff is the purchaser, the Clerk shall credit Plaintiff's bid with the total sum with interest and costs accruing subsequent to this Judgment, or such part of it, as is necessary to pay in full. 5. If Plaintiff is the purchaser at the sale, Plaintiff may direct the Clerk to issue the certificate of title prescribed under F.S. § 45.031 in the name of a nominee at any time before the issuance of this certificate. 6• On filing the certificate of title,the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiff's costs including the fee due the guardian/attorney/administrator ad litem; second, documentary stamps affixed to the certificate; third, Plaintiffs attorney's fees; and fourth, the total sum due to Plaintiff, plus interest at the rate prescribed in paragraph I from this date to the date of the sale; and by retaining any remaining amount pending the further order of this Court. 7. On filing the certificate of title, the Defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate in or claim to the property, and the Clerk shall issue a Writ of Possession without further Court order, and the purchasers at the sale shall be let into possession of the property. 8. Jurisdiction of this action is retained to enter further orders as are proper, including writs of possession and deficiency judgments. DONE AND ORDERED at Fort Lauderdale, Broward County, Florida, this day of July, 2005. FtosERl q. �os�N�fRG JUL 1 9 2pp�r CIRCUITALMgg Copy Copies furnished to: William J. McPharlm, Esq. Burton H. Mars; Esq._, Mark C. Elia, Esq. OR BK 33141 PC 16 r CODE ENFORCEMENT BOARD CITY OF DANIA BEACH,FLORIDA CITY OF DANIA BEACH, a Florida CASE#CEB01-municipal rOrporation 0115 PLAINTIFF, FINAL ORDER VS. ALPHONSO THOMAS& ANGIE R.FREELOVE h INT EA DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on July 2,2001,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,Alphonso Thomas&Angie R. Freelove,did allow the following code violations to exist at property defendants own located at 800 Phippen Road, Dania Beach,Florida,which property is legally described as: COLLEGE TRACT 19-9 B LOT 9 BLK 3(#1203 34 0310): OR BK 33141 PC i7 FINAL ORDER CEB01-0115 PAGE 2 1. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(4)(0. 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 replace or remove fence which is in disrepair and falling down. 2. Chapter 13, Section 13-23; Public Nuisance. Failure to remove trash, junk, garbage and all other materials stored on the property. 3. Chapter 22; Streets and Sidewalks; Section 22.5 (1)d. Failure to trirn vegetation overhanging sidewalk so as to have clearance of at least eight (8) feel above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference. Upon consideration thereof, the motion was made and carried. It Is, thereupon ORDERED: 1. Defendants,Alphonso Thomas and Angie R. Freelove: (a) have been found to be In violation of the above described code sections Ilsted In paragraphs b.(1) through b.(3). A fine of$70.00 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, Alphonso Thomas and Angie R. Freelove, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $70.00 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 shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. .Said fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendants. Return to: David E.Keller,Flnence Director 100 W.Dania Beata Blvd. Dania Beech,FL 33004 OR B8 33141 PI is FINAL ORDER CES01-0115 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.�O,,R��D/E�R�ED at Dania Beach, Broward County, Florida, this // 4 day of t—A-l.(.i(A , 2001. DAN�IA BREACH CODE ENFORCEMENT BOARD Notary Seal By: ��p�sl�! Richard Bettor, Chairperson Sworn and subscribed before me this I day of 2001. - f NOTARY PUBLIC VAT`E OF FLORIDA Richard Bettor is personally known to me. yyr% ouw4 woyomecxrvw Or Return to: David E.Keller,Finance Director 100 W.Dania Beach Blvd. Dania Beach,FL 33004 OR BK 33141 PI 19 1 FINAL ORDER CE801-0115 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants,Alphonso Thomas and Angie R. Freelove, this // day of 200E CERTIFIED MAIL 7001 0360 0002 7730 6116 CODE ENFORCEMEOWBOARD CLERK AP"TOFORMORRECTNESS TIMR YAls Return to: Davie E.Keller.Finance Director 100 W.Dania Beach Blvd. Dania Beach,Fl- 33004 CFN k 101903384 ) BK 33141 Page 820, Recorded 05/16/20 )t 12:45 PM, Broward County C,. ,n¢i.ssion, Deputy Clark 1016 PREPARED BY: TIMOTHY M.RYAN,ESQ. Special City Attorney City of Dania Beach 700 East Dania Beach Boulevard Dania Beech,Florida 33004 RETURN TO: DAVID E.KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as It appears on record and file in the office of the Clerk Of the Code_ Enforcement Board of the City of Dania Beach,Broward County,Florida,and that same Is in fug force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 2 day of May, 2002 CITY OF DANIA BEACH By: AIllrl C (��y DAVID E.KELLER Finance Director File:CEO 01-01 15 SUPP.ORDERtCLAIM OF LIEN OR BK 33141 A 21 ) CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH,a Florida CASE #CEB01-0115 Municipal corporation PLAINTIFF, FINAL ORDER va. ALPHONSO THOMAS& ANGIE R. FREELOVE %INTER EA DEFENDANTS SUPPLEMENTAL ORDER/CLAIM OF LIEN The City of Dania Beach Code Enforcement Board('Board-) 10o West Dania Beach Boulevard,Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer William Dubisky on the Citys Motion to Confine Fine held on the 1"day of April,2002, and based on the evidence, the Board enters the following findings of fad and order. 1. That the Board did issue on the I Ith day of July, 2001, a Final Order In the above.capboned case commanding the defendants,Alphonso Thomas .. OR BK 33141 P- _22 -a SUPPLEMENTAL ORDER CEB01-0115 &Angie R. Freelove Y,,Int Ea,to bring the violations specified in said Final Order into compliance on or before the 110U day of August,2001,or pay a fine in the amount of$70.00 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:COLLEGE TRACT 19-9 B LOT 9 BLK 3(# 1203 34 0310). 3. That the Defendants,Alphonso Thomas&Angie R.Freelove Y2 Int Ea,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 defendants,Alphonso Thomas&Angle R. Freelove Y2 Int Ea, shall comply with said Final Order. Upon complying,the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants 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 defendants. DONE AN"C�QRDEgED at Dania Beach, Broward County,Florida,this aG Day of_jAV= _,2002. uv DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Ch5irman Sworn to and subscribed before me this_,Z,day of h11 p 12002 By Richard Bettor,who is personally known to me. NOTARY PUBLIC&[ATE OF FLORIDA Remm to: David E.Keller,Finance Director 2 100 West Dania Beach Blvd ar e4 DaOia Beach,FI 33004 o�z °�g aiaa,+wuaa+ y ca,YmicYaweea r ?OR{lOQ YV g5,�y+(LY,y WEe wvfo,oy OR BK 33141 P '23 SUPPLEMENTAL ORDER CEB01-0115 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants,Alphonso Thomas&Angie R. Freelove Y2 Int Ea, this �26_day of a4A.2 12002. CERTIFIED MAIL#7001 1940 0002 6629 8917 Q � -!2 � CODE ENFORCEMENT BOARD CLERK APPROVE AS TO F RM AND CORRECTNESS TIMOTH M. RYAN,SPE IAL CITY ATTORNEY Also sent regular mail Remrn to: David E.Keller,Finance Director 3 100 Were Dania Beach Blvd. Dania Beach,FI 33004