HomeMy WebLinkAbout2006-09-21 Abatement Hearing City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
ABATEMENT HEARING
THURSDAY, SEPTEMBER 21, 2006 - 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA 13FACI I 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 ADMINIS1RA I ION
CENTER.
IN ACCORDANCE WITH 'IHE AMERICANS WITH DISABILI"r1ES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPAFL IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA
BEACH,FI,33004,(954)924-3622,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
T'IIEATRIUM,IN ORDER NOT TO IN"fERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR CO OUT INTO FHE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
1. CALL TO ORDER
2. ROLL CALL
3. ABATEMENT REQUESTS
3.1 Request by Estate of Minnie Dawson, c/o Johnnie Mae Johnson, for consideration of
abatement for Case #1315, for property located at 720 SW 7`h Terrace (#1203-34-
0460)
3.2 Request by Kathryn Fritz, for consideration of abatement for Case #05-1165, for
property located at 4750 SW 27`h Avenue (#0229-03-0070)
3.3 Request by Michael A. Colamatto & Catherine Rose Wygladdalski, for consideration
of abatement for Case #05-1405, for property located at 4931 SW 40`h Avenue
(#0136-06-2440)
4. ADJOURNMENT
AGENDA REQUEST FORM , I
CITY OF DANIA
Date: 9/07/06 Agenda Item #:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Est. of Minnie Dawson % Johnnie Mae Johnson —
Case# 1315—720 SW 7 Terrace.
Summary Explanation & Background:
This originally went to the board on 12/06/01 for 8 violations. The board issued a Final Order
giving the defendant 60 days to comply or a fine of$200.00 per day would be levied. The
compliance date was 3/04/02 and they complied until 5/04/06. The fine ran from 3/04/02 through
5/04/06, 1522 days at$200.00 per day = $304,400.00 plus $100.00 recording fee totals
$304,500.00. The fine was confirmed on 8/05/02. Foreclosure was authorized on 6/02/03. On
7/17/06, this went to the Special Magistrate for an abatement request which was granted in that
the old case#94-0164 would be dismissed on condition that the $30,000.00 reduction be paid.
Exhibits (List):
(1) Memo from Code Enforcement Clerk, recommending conditional abatement to$30,000.00.
(2) Copies 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 12/06/01, 6/02/03 code board meetings and 7/17/06 special
magistrate meeting.
Purchasing Approval:
Prepared By:
Shariann Pearson —Code Enforcement
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Special Magistrate recommends abating the fine on condition of the old
case #94-0164 being dismissed if the $30,000.00 or any amount ordered by the city
commission is paid. The reduction is due to the property owner being deceased, and the
responsible party stepping in.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Shariann Pearson
Dania Beach Code Enforcement
RE: Request for Abatement
Case # 1315
Est. of Minnie Dawson %
Johnnie Mae Johnson
720 SW 7 Terrace
DATE: 9/7/06
This was originally heard by the code board on 12/06/01 for 8 violations. A final order
was issued giving the defendant 60 days to comply or a fine of $200.00 per day would
be levied. The compliance date was 3/04/02 and they did not comply until 5/04/06. The
board confirmed the fine on 8/05/02.
The special magistrate, after hearing testimony on 7/17/06, by recommendation decided
to abate the lien on condition of the old case # 94-0164 being dismissed if the
$30,000.00 or any amount ordered by the city commission is paid. The reduction is due
to the property owner being deceased, and the responsible party stepping in after being
aware.
CITY OF DANIA BEACH CODEENFORCEMENT
�
Shariann Pearson, Code Enforcement
sp
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE #1315
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
EST. OF MINNIE DAWSON
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on December 6, 2001, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendant and the subject matter of this action;
and
b. Defendant, Est. of Minnie Dawson, did allow the following code violations to exist
at property defendant owns located at 720 S. W. 7 Terrace, Dania Beach, Florida,
which property is legally described as: COLLEGE TRACT 19-9 B LOT 8 BLK 4 (# 1203
34 0460):
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
Failure to remove all inoperative and unlicensed vehicles from the property.
FINAL ORDER
#1315
PAGE 2
2. Chapter 22, Streets and Sidewalks; Section 22-1, Buildings to be numbered.
Failure to display the address on the building/house.
3. Chapter 22, Streets and Sidewalks, Section 22-5(i)(d). Failure to cut/trim
vegetation over sidewalks.
4. Chapter 8; Article II — Property Standards; Section 8-21(a)(2)(g). Minimum
standards for dwellings, hotels, and rooming houses. Requirements for ventilation.
Failure to repair or replace damaged windows and doors, including screens and
hardware.
5. Chapter 13, Section 13-26, Weeds & Undergrowth. Failure to clean and remove
all untended weeds, trees and plant life from the property.
6. Chapter 8, Article II — Property Standards; Section 8-21(a) (5)(a), (1) & (2);
Minimum standards for dwellings, hotels and rooming houses. Maintenance and
appearance standards. Failure to paint and maintain the building which is deteriorated.
7. Chapter 13, Section 13-23; Public Nuisance. Failure to replace missing sod on
the property.
8. Chapter 8, Buildings, Article II; Property Standards, Section 8-21 (4)(f). Minimum
standards for dwellings, hotels, and rooming houses. General Requirements for all
dwellings, dwelling uhits, hotels, hotel units, rooming houses and rooming units. Failure
to replace or remove fence which is in disrepair.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Est. of Minnie Dawson:
(a) has been found to be in violation of the above described code sections listed in
paragraphs b.(1) through b.(8). A fine of $200.00 per day will begin running 60 days
from the date this order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendant, Est. of Minnie
Dawson, for the foregoing violations listed in paragraphs b.(1) through b.(8), a fine of
$200.00 per day, to begin running 60 days from the date this order is signed by the
Chairperson of the Board.
Return to: David E. Keller, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#1315
PAGE 3
The fine shall continue until said violations come into compliance with said
sections 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.
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 J — day of92-L—R"I
, 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
Richard Bettcfr, Chairperson
Sworn and subs ribed before me this az&�LA—
�day of 2002. L
NOTAPZY PUBLicVsTATE OF FLORIDA
Richard Bettor is personally known to me.
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Return to: David E. Keller, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#1315
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Est. of Minnie Dawson, this 3 day ofUc u�tu
2001.
CERTIFIED MAIL 7001 0360 0000 4108 1621
6" 1.
CODE NFORCE NT BOARD CLERK
APPROVED AS'TO FORM ND CORRECTNESS
TIN RYAN, S ECIAL CITY ATTO NEY
l
Also sent first class mail j
Return to'. David E. Keller, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE #1315
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
EST. OF MINNIE DAWSON
DEFENDANT
SUPPLEMENTAL ORDER/ CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Officer William Dubisky on the City's Motion to
Confirm Fine held on the 5th day of August, 2002, and based on the evidence,
the Board enters the following findings of fact and order:
1. That the Board did issue on the 3rd day of January, 2002, a Final Order in
the above captioned case commanding the Defendant, Est. of Minnie
Dawson, to bring the violations specified in said Final Order into
SUPPLEMENTAL ORDER
#1315
compliance on or before the 41h day of March, 2002, or pay a fine in the
amount of $200.00 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 8 BLK 4 (# 1203 34 0460).
3. That the Defendant, Est. of Minnie Dawson, did not comply with the Final
Order on or before the date specified therein.
4. It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the Defendant, Est. of Minnie Dawson, shall comply
with said Final Order. Upon complying, the Defendant shall notify the
City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether Defendant has
complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by Defendant.
DONE AND 9RDERED at Dania Beach, Broward County, Florida, this 'l
Day of 6(. J/�ti�f , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
ByL"l �llG7C/
Richard Bettor,C 1a rh man
1
Sworn to and subscribed before me this � L day of , 2002
By Richard Bettor, who is personally known to me.
41
NO ARY PUBLIC%STA E OF FLORIDA
Return to: Macciano Lewis 2 �,,, j
Budget/Finance Analyst t k
100 West Dania Beach Blvd. CX
Dania Beach, Pl 33004
SUPPLEMENTAL ORDER
i11315
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Est. of Minnie Dawson, this --!2 7 day of
� j 2002.
CERTIFIED MAIL #7001 1940 0002 6630 3451
CODg ENFORC ENT BOARD CLERK
APPROVED ASTO FORM AND CORRECTNESS
y 1 !—
TIMOTHY IWI. RYAN, SPEC L CITY ATTORNEY
r
Also sent regular mail
Return to: Macciano Lewis 3
Budget'Finance Analyst
100 West Dania Beach Blvd.
Dania Beach, FI 33004
FLORIDA
July 26, 2001
EST OF MINNIE DAWSON Case Number : 0-1315
% JOHNNIE MAE JOHNSON
417 SW 7 TER
DANIA BEACH, FL 330043869
Location : 720 SW 7 TER
Folio : 5142-03-34-0460-
Legal Description :
COLLEGE TRACT 19-9 BLOT 8 ELK 4
Dear EST OF MINNIE DAWSON:
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 8/25/01 . 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,
LkA 9
WILLIAM DOBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the
above named addressee by :
Certified Mail # 7001 0360 0002 7730 7281 by BETH DAGNON .
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w .ci.dania-beach.fl.us
VIOLATION DETAIL PAGE 1
CASE NUMBER 00-00001315
PROPERTY ADDRESS 720 SW 7 TER
-- - -- - - - - - ---- - - - - - - -- - - - - - - - - - -- - - - -- --- -- - -- - - - - - - -- - - - -- - - -
VIOLATION: CH 14 , SEC 14-2 QUANTITY : 1
CH 14 , SEC 14 -2 DATE : 7/26/01
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.
-- - -- - -- - --- -- - - - - - --- --- - - - --- - - - - - -- - -- - -- - - - - - - - - - - - - - - - - - -
VIOLATION: CH 22 , SEC 22-1 QUANTITY: I
CH 22 , SEC 22-1 DATE : 7/26/01
ORDINANCE DESCRIPTION
Violation of Chapter 22 ; Streets and Sidewalks ;
Section 22-1 , Buildings to be numbered. All buildings
in the city must display the correct street number
upon such building.
CORRECTIVE ACTION REQUIRED
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 : 7/26/01
ORDINANCE DESCRIPTION :
Violation of Chapter 22 , Streets and Sidewalks ,
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 , SEC 8-21 (A) (2) G QUANTITY : 1
CH 8 , SEC 8-21 (A) (2) G DATE : 7/26/01
ORDINANCE DESCRIPTION :
Violation of Chapter 8 ; Article II - Property
Standards ; Section 8-21 (a) (2 ) (g) . Minimum
Standards for Dwellings, Hotels, and Rooming
Houses . Requirements for Ventilation.
Every window and exterior door shall be reasonably
VIOLATION DETAIL PAGE 2
CASE NUr.BER 00-00001315
PROPERTY ADDRESS 720 SW 7 TER
ORDINANCE DESCRIPTION :
weathertight , maintained without cracks and holes
and in a good state of repair. All windows intended
for ventilation must be equiped with fully operable
hardware and fitted with screens to protect
against moscuitoes or other insects .
CORRECTIVE ACTION REQUIRED
All damaged windows and doors must be repaired or
replaced, including screens and hardware , and maintained .
A permit may be required for any replacement .
-- -- - - - - - - - - - - - - - - - - -- - --- - - -- - - - - - - - -- - - - - -- - - - - -- - - -- - - - - - - -
VIOLATION: CH. 8 , ART II , SEC 8-214F QUANTITY: 1
CH 8 ,ART II , PS, SEC 8-21 (4 ) (F) DATE : 7/26/01
ORDINANCE DESCRIPTION :
Violation of Chapter 8 , Buildings , Article II, Property
Standards , Section 8 -21 (4 ) (f) . Minimum Standards for
Dwellings , Hotels , and Rooming Houses . General
Requirements for all dwellings , dwelling units , hotels,
hotel units, rooming houses, and rooming units .
Fences shall be maintained in a good state of repair .
CORRECTIVE ACTION REQUIRED :
Fence must be replaced or removed. A permit is
required for replacement .
- - -- -- -- - - - - -- -- - - - --- - - -- - ---- - - - - - - -- - - -- ---- - - - - - --- - - - -- - -
VIOLATION: EXCESSIVE GROWTH QUANTITY : 1
CH 13 , SEC 13-26 DATE : 7/26/01
ORDINANCE DESCRIPTION
Violation of Chapter 13 , Section 13 -26 . Weeds & undergrowth.
The existence of excessive accumulation or untended growth
of weeds, undergrowth or other dead or living plant life
upon any lot, tract or parcel of land, improved or
unimproved, within one hundred (100) feet of any improved
property within the city to the extent and in the manner
that such lot , tract or parcel of land is or may reasonably
become infested or inhabited by rodents , vermin or wild
animals , or may furnish a breeding place for mosquitoes , or
threatens or endangers the public health, safety or welfare,
or may reasonably cause disease, or adversely affects and
impairs the economic welfare of adjacent property, is hereby
prohibited and declared to be a public nuisance .
CORRECTIVE ACTION REQUIRED :
All accumulation and unattended weeds, trees or
plant life must be cleaned and removed from the property.
-- ---- - - - - -- - - - - - - -- -- - -- ------ -- - - ---- - - -- ---- - -- - - --- - - - -- - -
VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1
CH 8 , ART II , PS, SEC 8 -21ASA1&2 DATE : 7/26/01
ORDINANCE DESCRIPTION CONTINUED
VIOLATION DETAIL PAGE 3
CASE NUMBER 00-00001315
PROPERTY ADDRESS 720 SW 7 TER
ORDINANCE DESCRIPTION :
Violation of Chapter 8 , Article II - Property Standards ;
Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standards for
Dwellings, Hotels, and Rooming Houses . Maintenance and
Appearance Standards . The exterior of all premises and every
structure thereon, including all parts of the structure and
apurtenance where exposed to the public view, shall be
maintained in good condition and shall not show evidence of
deterioration, weathering, or discoloration . All surfaces
requiring painting or which are otherwise protected from the
elements shall be kept painted or protected . Painted
surfaces shall be maintained free of graffiti, peeling paint
and with uniform colors void of any evidence of
deterioration.
CORRECTIVE ACTION REQUIRED
Remedy will be to paint and maintain building.
-- ---- - - - - - - -- -- - - - - --- - - - - - - - - -- - - - - - - - - -- -- --- - --- - -- - -- - - - -
VIOLATION: PUBLIC NUISANCES QUANTITY: 1
CH 13 , SEC 13-23 DATE : 7/26/01
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
Missing sod must be replaced on the property and
maintained.
31) #1315 Estate of Minnie Dawson
c/o Johnnie May Johnson
720 SW 7 Terrace
Dania Beach, FL
Code Inspector William Dubisky came forward, having been previously sworn in,
and had the following testimony. Notice was obtained by Certified Mail, regular
mail, and by posting the property; the Affidavit of Service is on file. This is a
violation of Chapter 14, Section 14-2, Abandoned Vehicles; Chapter 22, Section
22-1, building numbers to be displayed; Chapter 22, Section 22-5(i)(d), trees
required to be kept trimmed over sidewalks; Chapter 8, Art. II, Sec. 8-21(a)(2)(g),
window and door violation; Chapter 8, Art. II, Sec. 8-21(4)(f), fence violation;
Ch. 8, Art. 11, Sec.8-21(a)(5)(a)(1)&(2), paint violation; Ch. 13, Sec. 13-26,
undergrowth of weeds; Chapter 13, Sec. 13-23, missing sod. As of today, the
property is still in violation of Chapter 14, there are several abandoned vehicles
on the property; Chapter 22, building numbers have not been displayed on the
building; Chapter 22, trees over the sidewalk remain in violation; Chapter 8, the
windows have not been repaired; Chapter 8, the fence is still in violation; Chapter
8, the painting has not been done; Chapter 13, weeds and undergrowth are still in
violation; and Chapter 13, the sod has not been replaced. Mr. Dubisky said the
property will be recited for Chapter 13, Public Nuisance because, until a section
of the fence was recently removed, he was not able to observe the trash and debris
in the yard. Chairman Bettor asked if anyone was present to represent the
defendant; no one came forward. Six photos were given to the Board. It was on
motion of Gary Luedtke, seconded by Beulah Lair, to adopt the findings of
Officer Dubisky, find the violator be given 60 days to comply or a fine of$200.00
per day be levied. The motion carried on the following roll call:
Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke— yes
Beulah Lair—yes Richard Bettor—yes
32) 91319 Pablo and Maria Castillo
35SW6St
Dania Beach, FL
Code Inspector William Dubisky came forward, having been previously sworn in,
and had the following testimony. Mr. Dubisky gave the Board four photos taken
today and a total of 18 photos that have been taken over the past 5 months. Notice
was obtained by Certified Mail, regular mail, and by posting the property; the
Affidavit of Service is on file. This is a violation of Chapter 22, Art. III, Sec. 22-
59(d) Violation of the News Paper Rack Ordinance; Chapter 28, Zoning, Art. 6,
Supplementary Use Regulations, Sec. 6.16(b)1,4,6,9,11, Home Occupations,
operating home business which does not meet the criteria as set forth for a home
Dania Beach Code Board Summary Minutes 18 December 6,2001
David Nuby-yes Tim McLeod-yes Judy Jensen-yes
Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes
Richard Bettor-yes
17) Authorization to Foreclose — CEB99-0274 — Brian R. Mathiasen — 4761 SW
26 Terrace
Attorney Ryan stated that the city seeks an authorization to foreclose. It was on
the motion of Beulah Lair, seconded by Jimmy Peterman, to foreclose. The
motion carried on the following roll call:
David Nuby-yes Tim McLeod-yes Judy Jensen-yes
Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes
Richard Bettor-yes
18) Authorization to Foreclose - #1315 — Est. of Minnie Dawson — 720 SW 7
Terrace
Attorney Ryan stated that the city seeks an authorization to foreclose. It was on
the motion of Beulah Lair, seconded by Jimmy Peterman, to foreclose. The
motion carried on the following roll call:
David Nuby-yes Tim McLeod-yes Judy Jensen-yes
Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes
Richard Bettor-yes
19) 94221 Concrete Investments Inc.
4607 SW 44 Avenue
Ft. Lauderdale, FL
Code Inspector William Dubisky, having been previously sworn in, came forward
and requested a continuance until the next board hearing. It was on the motion of
Beulah Lair, seconded by Jimmy Peterman, to continue the case. The motion
carried on the following roll call:
David Nuby-yes Tim McLeod-yes Judy Jensen-yes
Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes
Richard Bettor-yes
Dania Beach Code Board Summary Minutes 12 June 2,2003
r
Monday City of Dania Beach
July 17, 2006 100 W Dania Beach Blvd
6:30pm Dania Beach, FL 33004
MINUTES
SPECIAL MAGISTRATE
1. Those Present:
Mark Berman, Special Magistrate
Nicholas Lupo, Code Enforcement Manager
Shariann Pearson, Acting Code Enforcement Special Magistrate Clerk
Ana Restrepo, Assistant to the Clerk
Eric Baker, Code Inspector
Gary Phaneuf, Code Inspector
Theodore Perez, Code Inspector
Tim Ryan, Special Magistrate City Attorney
2. Special Magistrate Mark Berman called to order the July 17, 2006 Special
Magistrate meeting at 6:42pm. All those witnesses who would testify were sworn
in.
3. The Special Magistrate approved the minutes for June 19, 2006 meeting.
4. Cases were called as listed on the attached sheet.
5. There being no further business, the meeting was adjourned.
Mark E. Berman, Esq.
Dania Beach Special Magistrate Minutes 1
7/17/06
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AGENDA REQUEST FORM ;W-- 3
CITY OF DANIA
Date: 9/07/06 Agenda Item#:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Kathryn Fritz-Case#05-1165-4750 SW 27
Avenue.
Summary Explanation & Background:
This originally went to the board on 9/06/05 for 1 violation. The board issued a Final Order giving
the defendant 30 days to comply or a fine of$75.00 per day would be levied. The compliance
date was 10/28/05 and they did not comply until 2/10106. The fine ran from 10/28/05 through
2/10106, 105 days at$75.00 per day= $7,875.00 plus the recording fee = $8,051.50. The fine
was confirmed on 2/06/06. On 6/12/06, this went back to the board for a continuance. On
7/17106, the Special Magistrate by recommendation abated the amount to $1,000.00.
Exhibits (List):
(1) Memo from Code Enforcement Clerk, recommending abatement to $1000.00.
(2) Copies 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 9/6/05, 2/06/06. 6/12/06 code board meetings and 7/17/06 special
magistrate meeting.
Purchasing Approval:
Prepared By:
Shariann Pearson-Code Enforcement
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
Code Enforcement Special Magistrate recommends abating to $1000.00 based on the 1
violation severity and the length of time the property was in violation.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Shariann Pearson
Dania Beach Code Enforcement
RE: Request for Abatement
Case # 05-1165
Kathryn Fritz
4750 SW 27 Avenue
DATE: 9/7/06
This was originally heard by the code board on 9/06/05 for 1 violation. A final order was
issued giving the defendant 30 days to comply or a fine of $75.00 per day would be
levied. The compliance date was 10/28/05 and they did not comply until 2/10/06. The
board confirmed the fine on 2/06/06.
The special magistrate, after hearing testimony on 7/17/06, by recommendation decided
to abate the lien to $1,000.00 because of the 1 violation severity and the length of time
the property was in violation.
CITY OF DANIA BEACH CODE ENFORCEMENT
Sinn Pearson, Code Enforcement
sp
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 05-1165
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
KATHRYN FRITZ
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on September 6, 2005, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the Defendant and the subject matter of this action;
and
b. Defendant, Kathryn Fritz, did allow the following code violation to exist at
property Defendant owns located at 4750 SW 27 Avenue, Dania Beach, Florida, which
property is legally described as: MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT
12 E 70 OF W 110 OF N 110 OF S 274 BLK 4 —AKA LOTS 5,7 LESS RAN BLK 2
(# 0229 03 0070):
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
Defendant did store, or allowed to be stored, an unlicensed vehicle on the property.
Failure to remove the unlicensed vehicle from the subject property.
FINAL ORDER
#05-1165
PAGE 2
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Kathryn Fritz:
(a) has been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $75.00 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, Kathryn Fritz,
for the foregoing violation listed in paragraph b.(1), a fine of $75.00 per day, to begin
running 30 days from the date this order is signed by the Chairperson of the Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the
Defendant must notify the City's Code Enforcement Department and an officer
will inspect the property and notify the Code Enforcement Board whether
Defendant has complied. If the Defendant does not notify the City's Code
Enforcement Department, an officer will not inspect the property and the fine will
continue to be imposed each day until a code officer is notified, inspects the
property and determines the property to be in compliance with this order. Said
fine shall constitute a lien upon the real property and personal property of the
Defendant.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. O DERED at Dania Beach, Broward
County, Florida, this .200 day of kQ.Fti_ 2005.
DANIA BEACH CODE ENFORCEMENT BOARD
By:t.
Richar ettor, Chairperson
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#05-1165
PAGE 3
Notary Seal:
Sworn and subs 'bed before me this
-U day of 2005.
NO ARY PUB PC S ATE OF FLORET
Richard Bettor is personally known to me.
4e N Gbna J Brande,
My Commission DOI$7260
Val' Expnq May 10.2007
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#05-1165
PAGE
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Kathryn Fritz, this _c22&day of ZL4A!2 6,Lc.. 2005.
CERTIFIED MAIL 7004 2510 0003 0646 2107
C` E ENFOR MEN T BOARD CLERK
APPROVED AS TO FORM AND CORRECTNESS
i t--)
TIM RYAN, S ECIAL CITY fORNEY
Also sent first class mail
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE #05-1165
Municipal corporation
PETITIONER, FINAL ORDER
vs.
KATHRYN FRITZ
RESPONDENT
SUPPLEMENTAL ORDER/ CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Inspector Gary Phaneuf, on the City's Motion to
Confirm Fine held on the 6th day of February, 2006, and based on the evidence,
the Board enters the following findings of fact and order:
1. That the Board did issue on the 28th day of September, 2005, a Final
Order in the above captioned case commanding the Respondent, Kathryn
Fritz, to bring the violation specified in said Final Order into compliance on
or before the 28`h day of October, 2005, or pay a fine in the amount of
$75.00 per day for each day of non compliance thereafter.
SUPPLEMENTAL ORDER
#05-1165
2. That said violation occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: MARSHALLS
EVERGLADE SUB 2-32 D 29-50-42 LOT 12 E 70 OF W 110 OF N 110
OF S 274 BILK 4 —AKA LOTS 5,7 LESS R/W BILK 2 (# 0229 03 0070).
3. That the Respondent, Kathryn Fritz, 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 Respondent, Kathryn Fritz, shall comply with said
Final Order. Upon complying, the Respondent shall notify the City's Code
Enforcement Department and an officer will inspect the property and
notify the Code Enforcement Board whether Respondent has complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by Respondent.
DONE AND ORDERED at Dania Beach, Broward County, Florida, this
Day of 2006.
DANIA BEACH CODE ENFORCEMENT BOARD
By: /�/
Ric and Bettor, Chairman
Sworn to and subscribed before me this X day of 2006,
By Richard Bettor, who is personally known to me.
�L O
NOT RY PUBL4t STATE OF FLORIDA
Gbna J Brandes
?4�+ My Commicelo^DD787280
ElPf"May 10,2007
m.
Return to: Patricia Varney 2
Finance Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FI 33004
SUPPLEMENTAL ORDER
#05-1165
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Respondent, Kathryn Fritz, this �_ day of
�:Q CLJt u0.1z1 2006.
CERTIFIED MAIL # 7003 1680 0002 5106 4861
CODE NFORCEVENT-BOARD CLERK
APPROVED ITO FO AND CORRECTNESS
TIMOTHY M.(RYAN, SPECiAt CITY ATTORNEY
Also sent regular mail
Return to: Patricia Varney 3
Finance Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FI 33004
jO
x: FLORIDA
July 21, 2005
KATHRYN FRITZ Case Number: 05-00001165
4750 SW 27TH AVE
FT. LAUDERDALE, FL 33312
Location: 4750 SW 27 AVE
Folio: 5042-29-03-0070
Legal Description:
MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 12 E 70 OF W 110 OF N
110 OF S 274 BLK 4-AKA LOTS 5,7, LESS R/W BLK 2
Dear KATHRYN FRITZ:
You are hereby notified that you are presently in violation of
Dania Beach Code of Ordinances. We have attached the ordinance
section(s) and corrective actions for your reference.
You are required to correct the violation(s) and call for a re-
inspection by August 04, 2005. Failure to comply will result in
proceedings against you by the Code Enforcement Board, as
provided by law. If the violation is corrected and then reoccurs
or if the violation is not corrected by the time specified for
correction by the Code Inspector, the case may be presented to
the Code Enforcement Board for imposition of a fine and lien
against the property even if the violation has been corrected
prior to the Board hearing.
If you require further information or have any questions about
the attached violation (s) , please do not hesitate to contact me .
Sincerely,
GARY PHANEUF
CODE INSPECTOR
I certify that an original hereof was furnished to the above
named addressee by:
Certified Mail # 7003 3110 0000 8258 6891 by DOREEN GRANT
Also sent regular mail
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
CASE NUM39R 05-00001165
PROPERTY ADDRESS 4750 SW 27 AVE
- -------- ---------------------------------------- ------- - - - ---
VIOLATION: CH. 14, SECTION 14-2 QUANTITY: 1
DESCRIPTION: CH. 14, SECTION 14-2 DATE: 7/21/05
LOCATION:
NARRATIVE
All inoperative and unlicensed vehicles, trailers and
vessels must be removed from the property.
ORDINANCE DESCRIPTION :
Violation of Chapter 14, Section 14-2 ; Junked and Abandoned
Vehicles; Public Nuisance. The storage or parking of all
inoperative vehicles, trailers, and vessels is creating a
public nuisance.
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 I photograph for the record. He 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 $75.00 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
costs if paid within 30 days from 2/6/06.
Motion made by Tim McLeod, seconded by
Terrell McCombs to reduce the fine to
$500.00 if paid in 30 days. If the fine is not
paid in 30 days, the fine will be confirmed at
the original amount. Motion carried by
unanimous vote.
Case#05-1165 Kathryn Fritz, 4750 SW 27 Avenue
Motion to confirm fine
Inspector: Gary Phaneuf
Violations: Ch 14 Sec 14-2
Present for the Defendant:
Damian Gardner} sworn in
Disposition: The property is still in violation. Motion
made by Tim McLeod, seconded by Jimmy
Peterman to confirm the fine. Motion carried
by unanimous vote.
Case#04-0996 Eric S. Blackmon, 9 NW 8 Avenue
Motion to confirm fine
Inspector: William Johnson
Violations: Ch 28 Article IV See 4.10
Present for the Defendant:
Eric Blackmon} sworn in
Howard Blackmon} sworn in
Disposition: Inspector Johnson recommended an
extension of 120 days be allowed. Motion
was made by Jimmy Peterman, seconded by
David Nuby to allow for an extension of 120
days from 2/06/06. Motion carried by
unanimous vote. The motion was amended
by Jimmy Peterman, seconded by David
Nuby to allow for 180 days from 11/30/06.
Motion carried by unanimous vote.
Case #05-1350 Fannie Bennett, 237 NW 5 Avenue
Request for Abatement
Inspector: Theodore Perez} sworn in
Dania Beach Code Enforcement Board 2/06/06 4
Monday ""`" City of Dania Beach
June 12, 2006 100 W Dania Beach Blvd
6:30pm Dania Beach, FL 33004
MINUTES
CODE ENFORCEMENT BOARD
1. Those Present: Others Present:
Richard Bettor(Chairman) Nicholas Lupo, Code Enforcement Manager
Judy Jensen Ana Restrepo, Acting Clerk
David Nuby Theodore Perez, Code Inspector
Tim McLeod Gary Phaneuf, Code Inspector
Tim Ryan, Board Attorney Eric Baker, Code Inspector
2. Chairman Bettor called to order the June 12, 2006 Code Board meeting at
6:38pm.
3. A motion was made by Tim McLeod to approve the February and March 2006
minutes and it was seconded by David Nuby. The motion was carried by
unanimous vote.
4. No complied cases were presented for the board's review.
5. Cases were called in the order listed on the attached sheet.
6. There being no further business,the meeting was adjourned.
Richard Bettor, Chairman
Dania Beach Code Enforcement Board 1
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Monday City of Dania Beach
July 17, 2006 100 W Dania Beach Blvd
6:30pm Dania Beach, FL 33004
MINUTES
SPECIAL MAGISTRATE
1. Those Present:
Mark Berman, Special Magistrate
Nicholas Lupo, Code Enforcement Manager
Shariann Pearson, Acting Code Enforcement Special Magistrate Clerk
Ana Restrepo, Assistant to the Clerk
Eric Baker, Code Inspector
Gary Phaneuf, Code Inspector
Theodore Perez, Code Inspector
Tim Ryan, Special Magistrate City Attorney
2. Special Magistrate Mark Berman called to order the July 17, 2006 Special
Magistrate meeting at 6:42pm. All those witnesses who would testify were sworn
in.
3. The Special Magistrate approved the minutes for June 19, 2006 meeting.
4. Cases were called as listed on the attached sheet.
5. There being no further business,the meeting was adjourned.
Mark E. Berman, Esq.
Dania Beach Special Magistrate Minutes 1
7/17/06
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AGENDA REQUEST FORM 3 •
CITY OF DANIA
Date: 9/07/06 Agenda Item #:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Michael A. Colamatto & Catherine Rose
Wygladdalski—Case#05-1405—4931 SW 40 Avenue.
Summary Explanation & Background:
This originally went to the board on 11/07/05 for 2 violations. The board issued a Final Order
giving the defendant 30 days to comply or a fine of$100.00 per day would be levied. The
compliance date was 12/28/05 and they complied until 1/25/06. The fine ran from 12128/05
through 1/25/06, 28 days at$100.00 per day= $2,800.00. The fine was confirmed on 6/12/06.
On 8/14/06, this went to the special magistrate for an abatement request and was granted a
$1,500.00 reduction.
Exhibits (List):
(1) Memo from Code Enforcement Clerk, recommending abatement to $1,500.00.
(2) Copies of the Final Order and Order Imposing Fine issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 11/07/05, 3/06/06, 6/12/06 code board meetings and 8/14/06
special magistrate meeting.
Purchasing Approval:
Prepared By:
Shariann Pearson —Code Enforcement
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Special Magistrate recommends abating the fine to $1,500.00 based on
the impact the violation had on the surrounding neighborhood, and the property owner's
legal expense to evict the tenant.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Shariann Pearson
Dania Beach Code Enforcement
RE: Request for Abatement
Case # 05-1405
Michael A. Colamatto & Catherine Rose Wygladdalski
4931 SW 40 Avenue
DATE: 9/7/06
This was originally heard by the code board on 11/07/05 for 2 violations. A final order
was issued giving the defendant 30 days to comply or a fine of $100.00 per day would
be levied. The compliance date was 12/28/05 and they did not comply until 1/25/06. The
board confirmed the fine on 6112/06.
The special magistrate, after hearing testimony on 8/14/06, by recommendation decided
to abate the lien to $1,500.00 because of the impact the violation had on the
surrounding neighborhood, and the property owner's legal expense to evict the tenant.
CITY OF DANIA BEACH CODE ENFORCEMENT
da � P
Shafriann Pearson, Code Enforcement
sp
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 05-1405
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
MICHAEL A. COLAMATTO &
CATHERINE ROSE WYGLADDALSKI
DEFENDANTS
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on November 7, 2005, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the Defendants and the subject matter of this action;
and
b. Defendants, Michael A. Colamatto & Catherine Rose Wygladdalski, did allow the
following code violation to exist at property Defendants own located at 4931 SW 40
Avenue, Dania Beach, Florida, which property is legally described as: PLAYLAND
ISLES 37-14 B LOT 52 BLK 10 (# 0136 06 2440):
1. Chapter 25, Division 6, Section 25-125(e). There is a race car being parked or
stored on the subject property. Failure to remove race car from the property or store
race car in a wholly enclosed garage.
FINAL ORDER
#05-1405
PAGE 2
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendants, Michael A. Colamatto & Catherine Rose Wygladdalski:
(a) have been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $100.00 per day will begin running 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, Michael A.
Colamatto & Catherine Rose Wygladdalski, for the foregoing violation listed in
paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this
order is signed by the Chairperson of the Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the
Defendants must notify the City's Code Enforcement Department and an officer
will inspect the property and notify the Code Enforcement Board whether
Defendants have complied. If the Defendants do not notify the City's Code
Enforcement Department, an officer will not inspect the property and the fine will
continue to be imposed each day until a code officer is notified, inspects the
property and determines the property to be in compliance with this order. Said
fine shall constitute a lien upon the real property and personal property of the
Defendants.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward
County, Florida, this a8 day of -itrZx-e-� 12005.
DANIA BEACH CODE ENFORCEMENT BOARD
By --
ichard ettor, Chairperson
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#05-1405
PAGE 3
Notary Seal:
Sworn and subscribed before me this
o2CP day of ?Lnk?,,U� 2005.
NOTARY PUBLIC STATE OF FLORIDA
Richard Bettor is personally known to me.
;iona J Brander
r My Commission DD187280
Expires May 10.2007
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#05-1405
PAGE 4
CERTIFICATE OF SERVICE
CERTIFY that a copy of the foregoing Final Order was mailed to the
Defendants, Michael A. Colamatto & Catherine Rose Wygladdalski, this
day of 2005.
CERTIFIED MAIL 7002 2030 0003 1209 8759
COEJE ENFOR EM NT BOARD CLERK
APPROVED O FORM AND CORRECTNESS
TIM RYAN, SPECIAL CITY ATTOR EY
f
Also sent first class mail
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a CASE NO. #05-1405
Florida municipal corporation,
Petitioner,
-vs-
MICHAEL A. COLAMATTO &
CATHERINE ROSE WYGLADDALSKI
Respondents /
ORDER IMPOSING FINE
The CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ('Board"), 100
West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the
Affidavit and testimony of Code Officer Eric Baker on the 12th day of June 2006, and in
accordance with Florida Statute 162.09, the Board states as follows:
1. On the 28th day of November 2005, a Final Order in the above-captioned
case was entered by the Board commanding the Respondents, Michael A. Colamatto &
Catherine Rose Wygladdalski, to bring the violations specified in said Final Order into
compliance on or before the 28th day of December 2005, or pay a fine in the amount of
$100.00 per day for each day of non-compliance thereafter.
2. The violations found by the Board and entered in the Final Order occurred
on the following described real property situate, lying and being in Broward County,
Florida, to-wit: PLAYLAND ISLES 37-14 B LOT 52 BLK 10 (#0136 06 2440)
Order Imposing Fine
- Case#05-1405
3. Respondents, Michael A. Colamatto & Catherine Rose Wygladdalski, did
not comply with the Final Order on or before the date specified therein.
4. The fine stated in the Final Order is hereby confirmed and ratified and
shall accrue at the per diem rate specified until the date of January 25, 2006, when the
Respondents complied with said final order.
5. The fine accrued for a period of 28 days at $100.00 per day for a total fine
of $2,800.00.
6. The fine shall constitute a lien against the above-described real property
and it shall be a lien against any other real or personal property owned by Respondents.
In the event the Final Order and the Order Imposing Fine are recorded as a lien,
a charge will be imposed for recording the lien and any lien satisfaction.
DONE and ORDERED at Dania Beach, Broward County, Florida, this
day of 2006.
DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, Chairperson
SWORN TO and SUBSCRIBED BEFORE me this Jr day of
2006 by I jjc a1 cU who is personally known to me.
P��
Notary Public, State of Florida
SHARIANN PEARSON
Notary Public-State of Florida
_ _tvf,'ConVnisianE>pke6N"11,2008
commission#DID 318233
Return to: Patricia Vamey,Finance Director 2 "F „td` Bonded By Nallonal Notary Assn.
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach,FI 3-,004
Order Imposing Fine
Case#05-1405
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the
Respondents, Michael A. Colamatto & Catherine Rose Wygladdalski, this 5
day of Utfq , 2006, via U. S. First Class mail and U. S.
Certified aail No. 7003 3110 0005 3535 3377
ACTING CODE ENFORCEMENT
BOARD CLERK
APPR7 FORM AND CORRECTNESS
TIMOTHY M. RY N, SPECIAL CITY TTORNEY
Also sent regular first class mail
Rctum to: Patricia Varney,Finance Director 3
City of Dania Beach
100 W,Dania Beach Blvd.
Dania Beach,FI 33004
eel
.. FLORIDA
September 6, 2005
i�
MICHAEL A COLAMATTO 5 Case Number: 05-00001405
CATHERINE ROSE WYGLADDALSKI
7543 GOW RD
APPLETON, NY 14008
Location: 4931 SW 40 AVE
Folio: 5041-36-06-2440
Legal Description:
PLAYLAND ISLES 37-14 B LOT 52 BLK 10
Dear MICHAEL A COLAMATTO 5 CATHERINE ROSE WYGLADDALSKI :
You are hereby notified that you are presently in violation of
Dania Beach Code of Ordinances. We have attached the ordinance
section (s) and corrective actions for your reference.
You are required to correct the violation (s) and call for a re-
inspection by September 20, 2005. Failure to comply will result
in proceedings against you by the Code Enforcement Board, as
provided by law. If the violation is corrected and then reoccurs
or if the violation is not corrected by the time specified for
correction by the Code Inspector, the case may be presented to
the Code Enforcement Board for imposition of a fine and lien
against the property even if the violation has been corrected
prior to the Board hearing.
If you require further information or have any questions about
the attached violation (s) , please do not hesitate to contact me.
Sincerely,
EZ'KE RI
CODE INSPECTOR
I certify that an original hereof was furnished to the above
named addressee by:
Certified Mail # 7002 2030 0003 1208 8217 by SHARIANN PEARSON
Also sent regular mail
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
CASE NUMBER 05-00001405
PROPERTY ADDRESS 4931 SW 40 AVE
---- -------------- ---- --- -- ---- - - ----- - --- --------- ---- -- --- --
VIOLATION: CH 25 DIV 6 SEC 25-125 (E QUANTITY: 1
DESCRIPTION: CH 25 DIV 6 SEC 25-125 (E) RACE DATE: 9/06/05
LOCATION:
NARRATIVE
Special purpose vehicle, racecar, must be removed from
property or stored within a wholly enclosed garage .
ORDINANCE DESCRIPTION :
Violation of Chapter 25, Division 6, Section 25-125 (e) .
No special purpose vehicle, RACE CAR, shall not be permitted
to be parked or stored in any residential area or district
except in a wholly enclosed garage.
-------- --------------- ------- ------------ ------ ------- - ------
VIOLATION: CH. 14, SEC. 14-2 , JUNKED VEH QUANTITY: 1
DESCRIPTION: CH. 14, SEC. 14-2 ,JUNKED&ABAND DATE : 9/06/05
LOCATION:
NARRATIVE
There is a junked and abandoned automobile located on the
subject property. The junked and abandoned vehicle must be
removed or placed in an operable condition.
ORDINANCE DESCRIPTION :
Violation of Chapter 14 , Section 14-2 ; Junked and abandoned
vehicles, public nuisance . The storage or parking of all
junked and abandoned vehicles, trailers or vessels upon any
private property is prohibited.
2 Photographs presented and entered into
evidence.
Present for the Defendant: No representative
Disposition: Property still in violation. Motion by Tim
McLeod, second by David Nuby to give the
defendant 30 days to comply, thereafter a
fine of$100.00 per day shall be levied.
Motion carried by unanimous vote.
Case# 05-1394 Harold Eugene Acree,42 SW 4 Ave
Inspector: Theodore Perez
Violations: Ch.8, Sec.8-21(A) (2) G
Ch.8, Sec.8-22(A) 3
Ch.8, Art.II, Sec.8-21 A5A1
Ch.13, Art.I1, Sec.13-34 A, B, C
4 Photographs entered into evidence.
Present for the Defendant: No representative.
Disposition: Property still in violation. Motion by Tim
McLeod and seconded by David Nuby to
give the defendant 30 days to comply,
thereafter a fine of$100.00 per day shall be
levied. Motion carried by unanimous vote.
Case# 1405 Michael A Colamatto & Catherine Rose Wygladdalski
4931 SW 40 Avenue
Inspector: Eric Baker
Violations: Ch.25, Div.6, Sec.25-125(E)
Ch.14, Sec.14-2
Present for the Defendant: No representative
Disposition: Property still in violation. Motion by Terrell
McCombs, second by Tim McLeod to give
the defendant 30 days to comply and
thereafter a fine of$100.00 per day shall be
levied. Motion carried by unanimous vote.
Case # 05-1410 Christine Taylor, Vac Lot E of 1481 W Dania Beach
Blvd
Inspector: Theodore Perez
Violations: Ch.13, Art.II, Sec.13-34 A, B, C
Dania Beach Code Board Summary Minutes 10 November 7`h, 2005
5.
Case 905-0942 John Baleanu, 4031 SW 54 Court - Motion to Confirm
Fine
Case# 05-1405 Michael A. Calamatto & Catherine Rose Wygladdalski
4931 SW 40 Avenue—Motion to Confirm Fine
Case # 05-0213 Roberta H Hansell, 23 SW 3 Street—Motion to Confirm
Fine
Case CEB01-0094 Nelson McCutcheon, 401 NW 3 Place, Authorization to
Foreclose
Case# 05-1008 Stewart C Kachel Rev Liv Tr., 4448 SW 51 Street,
Motion to Confirm Fine
Case # 04-1545 Donell & Michell Peterman, 608 W Dania Beach Blvd,
Authorization to Foreclose
A motion was made by Tim McLeod second by Jimmy Peterman to
continue Eric Baker's cases until the next Code Board meeting.
Motion carried a unanimous vote.
6.
Case # 03-5807 Christine Taylor Est.
31 NW 14 Court
Authorization to Foreclose
Inspector: William Dubisky
Violations: Ch 8 Art II See 8-21 4f
Ch 14 See 14-2
Ch 15 See 15-1
FBC 104.1
Present for the Defendant:
Phyllis Taylor} sworn in
Disposition: Property is still in violation. Inspector
William Dubisky requested abatement but
agreed for the case to be heard as an
abatement. Motion made by Jimmy
Peterman, seconded by Tim McLeod to
abate the fine to $2000. Motion carried by
majority vote.
Dania Beach Code Enforcement Board 2
3/06/06
:a
Monday City of Dania Beach
June 12, 2006 100 W Dania Beach Blvd
6:30pm Dania Beach, FL 33004
MINUTES
CODE ENFORCEMENT BOARD
1. Those Present: Others Present:
Richard Bettor (Chairman) Nicholas Lupo, Code Enforcement Manager
Judy Jensen Ana Restrepo, Acting Clerk
David Nuby Theodore Perez, Code Inspector
Tim McLeod Gary Phaneuf, Code Inspector
Tim Ryan, Board Attorney Eric Baker, Code Inspector
2. Chairman Bettor called to order the June 12, 2006 Code Board meeting at
6:38pm.
3. A motion was made by Tim McLeod to approve the February and March 2006
minutes and it was seconded by David Nuby. The motion was carried by
unanimous vote.
4. No complied cases were presented for the board's review.
5. Cases were called in the order listed on the attached sheet.
6. There being no further business, the meeting was adjourned.
Richard Bettor, Chairman
Dania Beach Code Enforcement Board 1
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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
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