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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 $200.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #1315 PAGE 3 The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. Said fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this J — day of92-L—R"I , 2002. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: Richard Bettcfr, Chairperson Sworn and subs ribed before me this az&�LA— �day of 2002. L NOTAPZY PUBLicVsTATE OF FLORIDA Richard Bettor is personally known to me. rinoiA,gvsEAL�— {kj8RNJDES ";� s +ail .n'alrils$ION NUFtiBEh CG629490 ccwm:s„"aq EXFInEs 003 I 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. 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W m J C NS 2, O 0 m m U 2 Z N 01 O YJ 40 W N Gl O W O O O N M M M M C C m O o a 5 a N m m 9 v O o v N o c :o o f aai E m m m m d d d m m m _ m d d m w m w w m d m m m m m v w w vi mn O m m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 c' 0 'c o i > � .m `y � 2 �o i i c > w 45 to OZZ � Z p]OZ Z f) NNw zz ) z wo (o V3): U' to z0 � ZNWoz w O Z l p O O O O t 0 0 M H O N o N �OOON �-- Oy NNMNap n (p ror V O) n vf0 V (ONOPOIN O r •- « �O N N LL N N N �- �- N N C C c O O � N N UJ y L E c m N r U � 3 H c m N t J 0 � C m E N m N 0 0 S U 2 a.c o , 0 > a mu C Q 3 Q Q Y O W C U O N V — U « C O O (Q m m m C C m 3 N m o 0 L N o f > o m x m E w Cd p0 o f N LL = = m S m` Y o 0 U m = o o N m m m t = m r N E m L C O > amM � L m oO cfL Ml0a 10 otm c 0 0 9 m 0 = m J m U o Q F Q N o m a m m K y m m _m c E m N a N R m V a m m O L L C V 0 O 'V O O G m m m O L m a m U w O J d' 20 W K (nLL � � to U w a: JLL' Q -> J M W JLL' � � � HOO � C (O n n N O O n n M N N O N W N V O] O N [O n GO OI V (p OJ Q7 Q) N RlOONNMMM V V toN (p [O (p (p (p (pn rnnrrn v v « O O O O O O O 9 O O n O O O O O O O O O O O O O O O O O O O <O t0 tp (O (6 fD (O (6 1p c0 t0 tp tp tp (O (O (O (O (p l0 (D tD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O V M 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 rnm 3: co mm c 0 o m m OA m E N m e c a y E m a o 0 o m m N � aa mCCm mCCm Oa o 0mmC 0 0F 0c a 00 CC mCC mccm m C C C m L L C C C C C C V � a a c c c c c c c c c 3 3 3 3 3 3 3 3 3 Q d O O N N N N N O N N N N N N N N N N N m m m m m m m m m 3 3 3 3 € c u u 3 3 3 3 3 3 3 3 3 m x a o Tmi c c c c 0 x o o c c c c c c c c c 0' W Q F W lLL LL ti ll U W LL LL IL LL. LL ILL LL IL lL ILL ILL i ID 5 m m m a m 3 g U rna ¢' v~im ¢' ,�� a' in 0aintiQ¢Q' O O' N W E N O C N m V N E 9 C1 m N � M Un� � 3 " 33o"" 3LL339 " 3N3f 33 � 3v 3 n3 E z fn (o U, N w N 0" z z 3 3 3 o z m = N w o a r N N N I� N N m m M M N O O m L a y N O M O M t� N O O W m N 0 0 in O O Q O < N m M N V N m N M 1% Q N O N � J C � x _N � m m a W m U — N m J m m N O N C N m C m C L J VI m o L Y N N 3 € a` U Q c E c o H " o — E Q y a 0 U E y v N ,ty o w mE w J m o v N E m o c J m > U M 0 E .t_.I i u c U N m w m E N J = O C m LL J CI C Q N y E C U J i'4 K Fm- N y c Can m .v y fn c fN 0 :c m U C m N m c m L — N - N L m N L a U C O m m o m 0 m N m O m o L L m U `m Z Q KZ LL' M F -�y YdO ZN � iUUm > 99 m M �0 Qo in r �nm Min moo �n o m O O N N � U O U U O O O O O O O O O O O O O O N O O N a N U N m U 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 pO w O w 'N C C C o m m n N n n n 6 N N N a O a O O O O O O O O O O O 2 O O o O O 'E c c c c o 0 0. o 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 O m W m °i d 0 0 0 m N b O N N O N O N N N O H O O O N 6 U a g L a a L '- - - 6 yj N N O d A A A C N c H 19 N Vi N Vi V1 N q Vi N W M M M Vi Vi X .y ,y NO a mC co LpO LN J J J l9a€ w c 3 c o 0 o w 0€ EN E a a n n n n nT nT n nT nT nT nT nT a nT 0 co w « c w w w nT nT N o �jcco �jcovyyE � cc ¢ n8 aCac 8; mCcN pJJJc at0 a °n' 3 3 8 8 3 3 3 3 8 8 8 8 8 8 8 8 88 8a0 o 0 0 0 0 0 0 00 0 0 0 ° ° ° ° 0 0 O O O O 0NNN0 Y1 mN w N w N w N w w N w w N w 0 w N w E 33NO Tp NO T ❑ TC TC TC TC TC � TC C TC TC TC TC TC TC TC Tp M W m 4 m = m = m = m c m T m y: m T�G w y= m W m m it m �F m N C yam{ L m C �mSL c N m m NL m m npa T619a Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta Ta O' C.1Q W � IL U W � Uli lL IiQ � ILL 11 fn O M9N OM9 � aMaa � � aev � a Ooi o �°DU nv mocoia no M 'mpnL NUtoni a wo W Q 0 2 o m U) m > w N cJ cJ c Q Nv Q>0 Q > w w m w . 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N U ' N N f ! f"I a m Nf CI O Q N m 3 >w> ai v3 8 v3i u�'i v�'i v3 3 3 w E, i 3 w 3 3 3 3 v3 w 3 u3 0 0 3 ai 3 z s Z > 0 0 p Zp O O N N Z N Z Z Z Z 2pp Z Z H Z yOa yyO J J N N N O c < N N N d N b b f00 N O m M N N Q > > N h N b N J m _ A w m � m m t5 m O h N w N a C ro m m E m a c m o 0 > N a Q Z N 0 p c Q W w m y € C m 3 w c U) 0: t w' c m m ° J U -E Z Z c c 0 E m „ E a Z =0 U .a m E m � i6 E m 3 a m E t w f 0 f0 N w m °� o U) U Om N U m yN x m a y L y N c c y m C = LL w R N c O N `m °S a o m N J ; °�° r r LL _V w N y U > 8 yy O a o = U m J w t fn co O T O m m L w w U C w L O N E C L 0 6 C E u 5 Ti -_ -_ - S' > m N J J '- i aJ' w` f LL a Q 2 �i 7i Y o m w m c o a m m w � o H p J m a 0 3 > o � a3 Q Q 0 U > J U f m q 0 O O m b N r fp N m 0 d 0 N N O N v n m Q7 N O � N a0 N N it O Q7 O th m d d �p ID Ol tp I� O N O r n d N m d Yl a0 O N �O O O N O m N 9 f0 9 1� 9 9 9 9 a0 N N m o o o o 0 o q O o o q o q o o q g m W p 9 a �0 N 0 a a �0 0 0 N �0 a t0 10 t0 1p O � �O l0 f0 (O 1p 10 t0 �0 0 U U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d a N 17 d N �O h m Ol O W N M d N Ip !� W W O ry A d N N n a0 OI O ry N N N N N N N N N N t�l r'9 17 w N m U 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 v mo 3 m c v v c c 0 0 @ @ o .N O E O 9 w E m 9 0 0 O O O N N N O U O C N N N E E E E ` � c - o m Q Q m v E �0 c c `c `c c c � coi cg u u � 0 u 8 U U u U U U O d O O m H O O O O N N N VI N c w aoi c 3 3 3 3 E c TO —0 3 3 3 3 m m m m m x o y� m D d m m m m c o d m UI m m m m m m 61 X D O X P C C C O O S C C C C C C C C K W Q F W LL LL LL LL U W LL LL LL LL 11 LL LL LL LL LL LL a R1 u m m c o O QI L m m U � m c V ❑ m m > O m U fn d. Q U) m Q m Q 0 o a y N Q C U) > 00 v3v3i = 3w3U3 Z Z Z U) O > O Z c0 N 0 N O Q N O N � � N G m y N ❑ m 0] o W a U ' m N m � > m N U 0 C f F C � m C N C L J O ry U ¢_ c O m C « m Q y E W m y c H m @ w o — E Q m a ° U t U m L N N M J N C E N J m D ❑ _ m = O L N N O C N O J = O C LL J C Q E v C U J of C C Fm a_mi fn o ) @ E n y n E m U o m m O N O m m m m O m O V y L m U m U 2 Q K Z � m F Y d ❑ Z 0 c U C7 U' U m > m v � o 0 0 N O m m O O N V 7 O 7 o O O O V V 7 O U O U U O O O O OR O 010 O O O N O O N O UI tO O O N W VI m U 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 E d d a T O O a U C a " O E N d j O O d A N O t0 d d O O y O N Qj o E ? d c o w cod d r n p w m o o E o 0 w o x o a m d �= o 0 b d J (/J Q N (n U) N E a m ° d coe» ° O w N � Qa (»«n y 9 o E d O ° 0 � d �" d O E O (/I J OI J O) N uj « O N N N (II N (O J O) j U N00 O p A d CO y 0 0 `. U 0 N C :_ � N J o d N O d O N a a E N a V OC d d 0 f9 a o w o d O b 0 0 O O m O O �O O Yl K LLLL � inU Er» �3 OM W U E LLI MU EU EAU o (Aw0 � QI L N d d Q x N > d > b > > c > o Q « m K F Q t>0 m Q 3 Q Q Q b d' d N C O F r > N p (n N N W (n N U N V M a N M N O N V M M M 10 b n V v y N Z V) U N N y 0 M N c E Q N V V O N V N N (O V M O V N N N A M O m fu N � R � U J d � h N O U � d d J N C L J J O — _ = d E U c m y p y E m as E E ° E y o m d ° ¢ ¢s d c c c -o ry d LL n ° o 0 0 -3 r o � xo ~ mE > > c J Qy m 'n m (n m m Ow (7 3 `8Q an d m m o m � of d L E d w t o U N N d d d c Z Z LL Z Q U fY Z M Q 2 2 �U K x w (7 Q Q v o °' i! oD V O a0 N H m C O V O M v1 N b h �O r d p R O W c0 V m V N �O V N O O V r b N O O m O O �- O O 9 O O O O O 9 U O O LU U o 0 0 0 O O O O O O O O O O O O d a d N N U