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HomeMy WebLinkAbout2006-05-18 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 18, 2006 - 6:00 P.M. ANY PERSON WHO DECIDES '10 APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED Al THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE. THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH,FI.33004,(954)924-3622,A'I'LEAST 48 HOURS PRIOR TO THE MEETING. INCONSIDERATION OF OTHERS.WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDFK NOT'I'0 INTERRUPT THE MEETING. B. IF YOU MUST SPEAK'FO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE.ATRIUM, IN ORDER NOT TO IN'FERRUP'F I'HE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request by Harold Eugene Acree for consideration of abatement for Case #CEB01- 0165, for property located at 42 SW 41h Avenue (#0234-01-3060) 3.2 Request by Christine Taylor Est. % Jacquelene I. Kurland, for consideration of abatement for Case #03-5807, for property located at 31 NW 141h Court (#0233-13- 0130) (Continued from March 16, 2006) 3.3 Request by Shawn McCutcheon for consideration of the Final Settlement Agreement for Case #CEB00-0666, for vacant property described as Lot 200 Block of NW I" Avenue (#0234-01-0120) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: 5/10/06 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Harold Eugene Acree-#CEB01-0165—42 SW 4s' Avenue Summary Explanation & Background: This was originally cited on 7/17/01 for 1 violation and given 30 days to comply. This was heard by the board on 9/10/01 for 1 violation. The compliance date was 10/25/01. The board issued a final order giving the defendant 30 days to comply or a fine of $150.00 per day would be levied. The fine was confirmed on 2/04/02. The property was brought into compliance on 2/08/06. The fine ran from 10/25/01 through 2/08/06, 1567 days @ $150.00 per day = $ 235,050.00 plus recording fee of$100.00 for a total of$235,150.00. Exhibits (List): (1) Memo from Mark E. Berman, Esq., Special Magistrate, recommending abatement to $3,000.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 9110/01 Code Board meeting, and 5/08/06 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, after hearing testimony and based on recommendations, requests abating the lien because the property is homestead, the owner is deceased, and the lien could potentially be uncollectible since there are no additional assets of the estate. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 05/10/2006 14: 44 9547864617 CITY ATTORNEY HAUL 4�a� INTEROFFICE MEMORANDUM CITY OF DANIA BEACH qW TO: City of Dania Beach Commission FROM: Mark E. B,-rman, Esq., Special Magistrate Dania Bench Code Enforcement Special Magistrate RE: Request fir Abatement Case # CUB 01-0165 Harold Eugene Acree 42 SW 4 Ave. DATE: 5/10/06 This was originally heard by the Code Board on 9110/01 for 1 violation. A final order was issued giving the defendant 30 days to comply or a fine of $150.00 per day would be levied. The Code Enforcement Special Magistrate, after hearing testimony on 5108106, and based upon recommendations, abated the lien from $235,050.00 to $3,000.00 because the property is homesti?ad, the owner is deceased, and the lien could potentially be uncollectible since there are no additional assets of the estate. CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAG Mark E. Berma sq., S e al Magistrate MB/sp CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0165 municipal corporation PLAINTIFF, FINAL ORDER vs. HAROLD EUGENE ACREE DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 10, 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, Harold Eugene Acree, did allow the following code violation to exist at property defendant owns located at 42 S. W. 4 Avenue, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 21 BLK 20 (# 0234 01 3060): FINAL ORDER CEB01-0165 PAGE 2 1. Chapter 13, Section 13-23; Public Nuisance. Failure to remove commercial vehicle, trash, junk, garbage and other materials on the property and to trim/mow/cut and maintain trees, shrubs, weeds and grass. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Harold Eugene Acree: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $150.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from defendant, Harold Eugene Acree, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Cade 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. OR ERED at Dania Beach, Broward County, Florida, this day of 1 , 2001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: A*—,K Richard Bettor, Chairperson ,�� ASwor and subscribed before me this � I�yL��'l6[�O day of _ 2001. �(r�//( NOTAWY PUBLICZ8TATE OF FLORIDA Richard Bettor is personally known to me. O,p,PY P�^. ��aioauJOB�R�AN�oEs Return to: David E.Keller, Finance Director AA ,/ ' cMM SS ON NUM 100 W. Dania Beach Blvd. h i Dania Beach, FL 33004 ''FOF F`op`o MvcaonpwigEq MAY 10 2003 FINAL ORDER CEB01-0165 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Harold Eugene Acree, this day of q�g 2001. CERTIFIED MAIL 7001 0360 0000 4112 3086 �L a CODE NFORCEM NT 90ARD CLERK APPROVED FORMA CORRECTNESS TIM RYAN, SP IAL CITY ATTO EY Also sent first class mail 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 # CEB01-0165 Municipal corporation PLAINTIFF; - - FINAL ORDER vs. HAROLD EUGENE ACREE 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 Eric Baker on the City's Motion to Confirm Fine held on the 4ch day of February, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 25th day of September, 2001, a Final Order in the above captioned case commanding the defendant, Harold Eugene Acree, to bring the violation specified in said Final Order into SUPPLEMENTAL ORDER CEBO 1-0165 compliance on or before the 25th day of October, 2001, or pay a fine in the amount of$150.00 per day for each day of non compliance thereafter. 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: TOWN OF DANIA B-49 D LOT 21 BILK 20 (# 0234 01 3060). 3. That the Defendant, Harold Eugene Acree, 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, Harold Eugene Acree, 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 WDERED at Dania Beach, Broward County, Florida, this off/ Day of , 2002. DANIA BEACH CODE ENFORCEMENT BOARD By: A���Lff ,� Richard Bettor, Chairman Sworn to and subscribed before me this -,W day of 2002 By Richard Bettor, who is personally known to me. 6,�Ipw- a. NOTARY PU IC TATE OF FLORIDA '?;LhLfAnv SEAL �.a.....»�...:..-31A1A J 8RMOEs Return to: David E. Keller, Finance Director 2 L---2 eMISSION NUMBER 100 West Dania Beach Blvd. : CCe2B4Bp r,:YCOMMISSIONEVIRES Dania Beach, FI 33004 AY10.2003 SUPPLEMENTAL ORDER CEBOI-0165 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Harold Eugene Acree, this�_day of ;2 . 2002. CERTIFIED MAIL #7001 1940 0002 6629 7453 CODIt tNFORC9MEWr BOARD CLERK APPROV S TO FO M AND CORRECTNESS TIMOTHY/ . RYAN, SPECI L CITY ATTORNEY Also sent regular mail Return to: David E. Keller, Finance Director 3 100 West Dania Beach Blvd. Dania Beach, F1 33004 ` �� .r am a ap �•G(ti Dc�C/ ry �•� <AC�Ig6 � r FLORIDA L. T-d Co July 17 , 2001 0L 5I HAROLD EUGENE ACREE ` C asawNumbjg. 0-1115 42 SW 4TH AVE DANIA BEACH, FL 33004 Location: 42 SW 4 AVE Folio: 5042-34-01-3060- Legal Description : TOWN OF DANIA B-49 DLOT 21 BLK 20 Dear HAROLD EUGENE ACREE : 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 7/24/01 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, ERIC BAKER/1"4 CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 0360 0002 7730 6369 by BETH DAGNON. "Browards First City" 100 Wesr Dania Beach Boulevard Dania Beach, Florida�33004 Phone: (954) 921-8700 w ..ci.dania-beach.fl.us 00-00001245 jDRESS 42 SW 4 AVE -- -- - -- ---- - - ------- -- ---- - - - - --------------- ---- ------- .ATION: PUBLIC NUISANCES QUANTITY: 1 CH 13 , SEC 13-23 DATE : 7/17/01 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 : Trash GY junk;, garbage, and all= OGhermaterials stored,:) r one the "property, must;�removed��f,�„a,�..,..;.,� Trees-TT hrub8 weeds,`aric grass must bew trimmed/mowe- 1 cur and maintained' Cq�omer'aia2vehic2�esno�P permitW e 3 o Uey' e parked'; q��et'ores*im•�a�t`RD`60o �Re'sfdent�°al Zoned oe'ighbcrEno&, Commercf-al 'eki'fcle mu,et�be�'reino�ec� posting the property; the Affidavit of Service is on file. Mr. Dubisky said this is a repeat violation of Chapter 13, Section 13-23, Public Nuisance, overgrown vegetation. As of today, the property is in compliance. Mr. Dubisky said gave additional testimony about the violation. Mr. Dubisky said the property was in violation for 10 days, from 7/23/01 to 8/02/01. Six photos were given to the Board. Chairman Bettor asked if anyone was in the audience to represent the defendant; no one came forward. It was on motion of Judy Jensen, seconded by Beulah Lair, to adopt the findings of fact by Code Inspector William Dubisky that the violation existed from 7/23/01 to 8/02/01 and a fine of $50.00 per day. The motion carried on the following roll call: William Sargent—yes Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes 25. CEB01-0163 Michael A. Jordan 246 NW 7 Avenue Dania Beach, FL Code Inspector Eric Baker came forward having been previously sworn in. Mr. Baker said notice was not obtained by Certified Mail; however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Abandoned Vehicles; Chapter 8, Section 8-21(a)(5)(a)(1)&(2), painting; and Chapter 22, Section 22-1, building to be numbered. As of today, the property is still in violation of Chapter 8, building needs painting; Chapter 22, the building needs to be numbered; Chapter 14 has complied. Three photos were given to the Board. Chairman Bettor asked if anyone was in the audience to represent the defendant; no one came forward. It was on motion of Gary Luedtke, seconded by Tim McLeod, to adopt the findings of fact of Code Inspector Eric Baker, move to find the violations exist as charged, except for the Chapter 14 violation which complied, move the violator be given 30 days to comply or a fine of $90.00 per day be levied. The motion carried on the following roll call: William Sargent—yes Tim McLeod—yes Judy Jensen—yes Jimmy Petennan—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes 26. CEB01-0165 Harold Eugene Acree 42 SW 4 Avenue Dania Beach, FL Code Inspector Eric Baker came forward having been previously sworn in. Mr. Baker said 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 13, Section 13-23, Public Nuisance and Chapter 13, Section 13-23, Commercial Dania Beach Code Enforcement Board Minutes I I September 10,2001 Vehicles. As of today, the property is still in violation of Chapter 13, trash and junk on the property and of Chapter 13, commercial vehicles still on the property. Six photos were given to the Board. Mr. Baker gave additional testimony about the property. Chairman Bettor asked if anyone was in the audience to represent the defendant; no one came forward. It was on motion of Beulah Lair, seconded by Tim McLeod, to adopt the findings of fact of Code Inspector Eric Baker, move to find the violations exist as charged, move the violator be given 30 days to comply or a fine of $150.00 per day be levied. The motion carried on the following roll call: William Sargent—yes Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes Mr. William Johnson came forward to clarify the commercial vehicle violation should read commercial vehicles stored in a residential area are creating a Public Nuisance. It was on motion of William Sargent, seconded by Tim McLeod, to amend the violation description. There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Enforcement Board Minutes 12 September 10,2001 Case# CEB 01-0165 Harold Eugene Acree, 42 SW 4 Avenue Inspector: Eric Baker Violation: CH 13 Sec 13-23 Present for the Respondent: No representative Disposition: Property has complied. Attorney Tim Ryan spoke on this case and asked to abate the fine to $3,000.00 based on the property owner being deceased, the property being homesteaded,and additional assets being uncollectible. Special Magistrate Mark Berman agreed to recommending the abatement to commission. Dania Beach Special Magistrate May 8, 2006 AGENDA REQUEST FORM CITY OF DANIA Date: 5/10/06 Agenda Item #: 3 - Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Christine Taylor Est % Jacquelene I Kurland - #03-5807— 31 NW 14 Court Summary Explanation & Background: This was originally cited on 12/09/03 for 6 violations and given 30 days to comply. The compliance date was 1/09/04, and they did not comply all of the violations. This was heard by the board on 5/03/04 for 4 violations. The board issued a final order giving the defendant 60 days to comply or a fine of$70.00 per day would be levied. The compliance date was 8/02/04 and they did not comply until 3/01/06. The fine was confirmed on 10104/04, and ran from 8/02104 thru 3/01/06 @$70.00 per day = $40,320.00 plus $100.00 recording fee= $40,420.00 owed. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to$2,000.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 5103/04, and 10/04/04 code board meetings. Purchasing Approval:- Prepared By: Shariann Pearson—Code Enforcement Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating to $2,000.00 based on the three violations having been taken care of, and the property owner had been residing in Miami,and was trying to have other people take care of the property. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 03-5807 Christine Taylor Est % Jacquelene I Kurland 31 NW 14 Court DATE: 5/10106 This was originally heard by the code board on 10/03/05 for 2 violations. A final order was issued giving the defendant 30 days to comply or a fine of $150.00 per day would be levied. The code enforcement board, after hearing testimony on 2106106, decided by unanimous vote to recommend abating the lien to $500.00 because the owner is an elderly woman and was living with a relative and did not get mailings. The family took care of the violations as soon as they could once they were aware of them. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Ri*harBetdtor C airman RB/sp CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-5807 municipal corporation PLAINTIFF, FINAL ORDER VS. CHRISTINE TAYLOR EST. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 3, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Christine Taylor Est., did allow the following code violations to exist at property Defendant owns located at 31 N. W. 14 Court, Dania Beach, Florida, which property is legally described as: MANN SUB 21-7 B LOT 14 (# 0233 13 0130): 1. Chapter 13, Section 13-23; Public Nuisance Violation. Defendant did store, or allowed to be stored, trash and junk on the subject property. Failure to remove all trash and junk from the property. FINAL ORDER #03-5807 PAGE 2 2. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Defendant did store or park inoperative vehicles, trailers and vessels on the subject property. Failure to remove all inoperative vehicles from the property. 3. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a); Minimum standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. Failure to paint building which is discolored and has peeling paint. 4. Florida Building Code 104.1; Permits Required. Defendant did install or allowed to be installed, a shed without a permit. Failure to obtain permit for installation of shed. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Christine Taylor Est. (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of$70.00 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, Christine Taylor Est., for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $70.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5807 PAGE 3 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. 0 ERED at Dania Beach, Broward County, Florida, this 3 day of 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: . -Richard Bettor, Chairperson Notary Seal: Sworn and sub ed before me this day of 2004. NOT RY PUBLIC TATE OF FLORIDA Richard Bettor is personally known to me. ,y cbea a ��87W Y My CO M'deam :,�< �K May 10,2007 tll Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5807 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Christine Taylor Est., this 3 day of 2004. CERTIFIED MAIL 7003 1010 0004 8917 3530 COCA ENFORCOEN'T BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN SPECIAL CITY TTORNEY xc: Phyllis Taylor, P. 0. Box 330087, Miami, FI 33233 Certified Mail 7003 1010 0004 8917 3387 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 # 03-5807 Municipal corporation PLAINTIFF, FINAL ORDER VS. CHRISTINE TAYLOR EST 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 William Dubisky, on the City's Motion to Confirm Fine held on the 4ch day of October, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 3`' day of June, 2004, a Final Order in the above captioned case commanding the defendant, Christine Taylor Est, to bring the violations specified in said Final Order into compliance on or before the 2ntl day of August, 2004, or pay a fine in the amount of$70.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #03-5807 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: MANN SUB 21-7 B LOT 14 (# 023313 0130). 3. That the Defendant, Christine Taylor Est, 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, Christine Taylor Est, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this old Day of I0t✓& A, , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Aft6h6arNBZett irman Sworn to and subscribed before me this �;tQ_day of OU4' 2004, By Richard Bettor, who is personally known to me. { NOT RY PUBLI TATE OF FLORIDA Clods J B,sndes My Commission DOI87200 w dd Erpves May 10.2007 w Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #03-5807 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Christine Taylor Est, this a�o day of 2004. CERTIFIED MAIL# 7003 3110 0000 82601785 CODE EN ORCEMEN BOARD CLERK APPROVED A TO FORM AND CORRECTNESS AN, A C RECTNESS TIMOTHY M. Y SPECIITY ATTORNEY xc: Phyllis Taylor, P. 0. Box 330087, Miami, FI 33233 Certified Mail 7003 3110 0000 8260 1792 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 tow qe�gaw�z 1�-W' 6ww FLORIDA December 9, 2003 CHRISTINE TAYLOR EST Case Number: 03-00005807 % JACQUELINE I KURLAND 31 NW 14 CT DANIA BEACH, FL 330045109 Location: 31 NW 14 CT Folio: 504233130130 Legal Description: MANN SUB 21-7 B LOT 14 MANN SUB 21-7 B LOT 14 Dear CHRISTINE TAYLOR EST % JACQUELINE I KURLAND: 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 January 09, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact William Dubisky at ( 954 ) 924-3749. SiTerely, KENNETH KOCH BU LDI OFFICIAL WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2410 0007 0835 5390 by RITA DONNELLY. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.il.us CASE NUMBER 03-00005807 PROPERTY ADDRESS 31 NW 14 CT -- - - -------------- ----- -- ------------------------------------- VIO'ATION: CH. 13, SEC. 13-23 ALL QUANTITY: 1 DESCRIPTION: CH. 13, SEC. 13-23 ALL DATE: 12/09/03 LOCATION: NARRATIVE Grass, weeds, shrubs, and trees on property must be cut and trimmed._ All trash, _ junk__and all miscellaneous debris must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 13, Section 13-23 , Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. Trash, junk, loose garbage and all other debris and/or materials stored on the property must be removed. Trees, hedges, shrubs, weeds and grass, including the public right of ways (swale areas) abutting the property, front, sides and rear, must be mowed, cut, and trimmed as required by city ordinance and property must be maintained. -------------------------------------------------------------- VIOLATION: CH 8, ART II SEC. 8-21 4-F QUANTITY: 1 DESCRIPTION: CH 8, ART II SEC.8-21 4-F SHED DATE: 12/09/03 LOCATION: NARRATIVE Shed must be repaired, replaced or removed. ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards Sec . 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 . Shed shall be maintained in a good state of repair. -------- - --------------------------- ------------------- - ------ VIOLATION: CH. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14, SECTION 14-2 DATE: 12/09/03 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 . ---- -- --- ----------------------------------------------------- VIOLATION: CH. 8ARTII SEC 8-21 A5A1&2 QUANTITY: 1 DESCRIPTION: CH. 8ARTII SEC 8-21 A5A1&2PAINT DATE: 12/09/03 LOCATION: NARRATIVE CONTINUED CASE NUMBER 03-00005807 PROPERTY ADDRESS 31 NW 14 CT NARRATIVE : Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) &(2) ; Minimum Standard for dwellings, hotels and rooming houses . Maintenance and appearance_ standards . The exterior of all 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. -------------------------------------------------------------- VIOLATION: CH. 15, SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH.15, SEC.15-1,OCCUPATIONAL DATE: 12/09/03 LOCATION: NARRATIVE City of Dania Beach occupational license must be obtained for any/all leased, rental, income, and/or multi-living properties . ORDINANCE DESCRIPTION Violaton of Chapter 15, Section 15-1,Occupational License. Operating any business within the city limits without an occupational license, or an expired license, is prohibited. ----------------------------------------- --------------------- VIOLATION: FBC 104 . 1 PERMITS REQ. , S QUANTITY: 1 DESCRIPTION: FBC 104 . 1 PERMITS REQ. SHED DATE : 12/09/03 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) within thirty (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of Chapter 104 . 1 of the Florida Building Code, Permits required. Shed installed without permits . 9) #03-4978 John K. & Shelley Stumpff 4580 SW 43 Terrace Ft. Lauderdale, FL Code Inspector Gary Phaneuf came forward, was sworn in, and presented seven photos. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and the Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Public Nuisance, inoperative and unlicensed vehicles must be removed from the outside storage; Chapter 22, Section 22-1, street address must be displayed on the house. As of today, the property is still in violation of Chapter 14, Section 14-2, inoperative and unlicensed vehicles are still being stored on the property. The property owner has complied with Chapter 22, Section 22-1, street address has been put on the house. The first contact with the defendant was 7/03/03. Chairman Bettor asked if there was anyone representing John & Shelley Stumpff. John Stumpff, 4580 SW 43 Terrrace, Dania Beach, FL, came forward and was sworn in. Chairman Bettor asked Mr. Stumpff to identify the photos of the property. Mr. Stumpff identified the photos as his property. Chairman Bettor asked Mr. Stumpff how would he correct the violations. Mr. Stumpff said that there were five cars, but now two remains. The truck has a shot out back glass in which Mr. Stumpff says that he cannot move the truck because the back glass will fall out. He is getting someone to repair the broken glass on the truck. As for the Monte Carlo, Mr. Stumpff says that he will get the rims off, and then tow the car. Judy Jensen asked Mr. Stumpff what is he asking for. Mr. Stumpff said that he needs time to correct the violations. Jay Hamilton made a motion, to adopt the findings of fact by Officer Gary Phaneuf, move to find that the violations exist as charged, move that the violator be given 15 days to comply or thereafter a fine of$50.00 per day shall be levied. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton-yes 10) #03-5807 Christine Taylor Est. % Jacqueline L Kurland 31 NW 14 Court Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, have the return receipt; also posted the property, and the Affidavit of Service is on file, and sent via first class mail. Mr. Johnson submitted five photos. The defendant was first notified of the violation on 12/09/03. They are in violation of Chapter I3, Section 13-23, Public Nuisance,junk and trash; Chapter 8, Article 11, Dania Beach Code Board Smnmary Minutes 8 May 3, 2004 Section 8-21, shed to be repaired, but this will be dismissed; Chapter 14, Section 14-2, junk and abandoned vehicles, there is still one vehicle on the property; Chapter 8, Section 8-21, building needed to be painted, paint is chipping on the property; Chapter 15, no Occupational License; FBC 104.1, installed a shed without a permit. Mr. Johnson said that any questions that pertain to the FBC 104.1, should be referred to Building Official Ken Koch. Chairman Bettor asked Mr. Koch to give testimony on the shed. Building Official Kenneth Koch, having been previously sworn in, came forward and gave the following testimony. Mr. . Koch said that the pictures of the property indicates that it is a new shed, but the building department does not have any permit applications on file. Chairman Bettor asked if there was anyone representing the Estate of Christine Taylor or Jacqueline Kurland. Phyllis V. Taylor, PO Box 330087, Miami, FL 33233, physical address, 3363 Charles Avenue, Coconut Grove, came forward and was sworn in. Chairman Bettor asked Ms. Taylor how is she representing the estate. Ms. Taylor said that Christine Taylor, who passed away, was her mother, and her brother who lives in Detroit Michigan is the personal representative of the estate. Ms. Taylor said that her brother requested her to appear before the code board meeting. Chairman Bettor asked who is Jacqueline Kurland. Ms. Taylor said that Ms. Kurland is an attorney that her brother has obtained. Attorney Ryan asked Ms. Taylor if she has the permission from her brother to appear before the board. Ms. Taylor said yes. Ms. Taylor submitted a letter showing that her brother had given her permission to appear before the board. Ms. Taylor.said that a brother who resided in the home, had signed for the letter, but did not read it. Ms. Taylor said that upon visiting the home, they had found the letter and Ms. Taylor had called inspector William Dubisky and told him that she had just received the violation. She had asked Mr. Dubisky for some time to clean the property. Chairman Bettor asked Ms. Taylor to identify the photos of the property. Ms. Taylor said yes they are photos of the property. She did inform her brother who resides at the property that he needed to obtain a permit for the shed. Chairman Bettor asked Ms. Taylor how much time would she need to correct the violations. Mr. Johnson asked Ms. Taylor if her son was leasing the property. Ms. Taylor said that her brother and son resides in the home and they do not pay rent. Mr. Johnson said that the Chapter 8, Article II is in compliance along with the Chapter 15, Section 15-1. The remaining violations are still outstanding. Mr. Johnson went through the violations with Ms. Taylor in order for her to have an understanding of what she needed to correct. Judy Jensen made a motion, to adopt the findings of fact by Chief Building Official Ken Koch and William Johnson, move that the violation exists as charged, move that the violator be given 60 days to comply or thereafter a fine of$70.00 per day shall be levied. Proper service was given. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes .lay Hamilton-yes Dania Beach Code Board Summary Minutes 9 May 3,2004 forward. Jimmy Peterman made a motion to confirm the tine. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 12) Motion to Confirm Fine - 904-0434 — Aqua Isles LLC. —3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that this case came before the board on 5/04/04 for a repeat violation. The board issued a final order giving the defendant 15 days to comply or a fine of$250.00 per day would be levied. The compliance date was 6/18/04 and they did not comply until 7/27/04. The fine ran from 6/18/04 through 7/27/04, 39 days @ $250.00/day = $9,750.00 owed. The defendant came before the board on 9/07/04 for an abatement and the board recommended denying the request. The commission upheld the decision on 9/16/04 and denied the abatement. Tim McLeod made a motion to confirm the fine. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 13) Authorization to Foreclose - #04-0434 — Aqua Isles LLC. — 3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that the fine was confirmed on 10/04/04. Chairman Bettor asked if there was anyone representing Aqua Isles. No one came forward. Tim McLeod made a motion to authorize foreclosure. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes .Timmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 14) Motion to Confirm Fine - #03-5807 — Christine Taylor EST % Jacquelene I Kurland —31 NW 141h Court. Inspector William Dubisky having been previously swom in, came forward and made the following statement. Mr. Dubisky stated that pursuant to the order Dania Beach Code Board summary Minutes 9 October 4,2004 corrective action was to have been taken on or before 8/20/04 and on a reinspection of the property on 10/4/04 revealed that corrective action had not been taken. Inoperative vehicles still remain on the property, no occupational license has been obtained, no building permit has been obtained for the shed and the building has not been painted. Chairman Bettor asked if there was anyone representing Christine Taylor EST % Jacquelene I Kurland. No one came forward. Gary Luedtke made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 15) Motion to Confirm Fine - #02-3002 — J.D. & Shirley M. Reeves — 1380 SW 312D Avenue. Inspector William Dubisky having been previously sworn in, came forward and made a request to have the case dismissed because the case was complied by the compliance date. Tim McLeod made a motion to dismiss the case. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 16) Motion to Dismiss— #02-3031 -Joseph & Rebecca Levy—204 SW 1" Street. Attorney Tim Ryan stated that there is new ownership of the property and when there is a new owner between the time when the final order is entered and a motion to confirm fine is done it is dismissed as to the current owner. Because when the current owner purchased there wasn't a recorded final order, they asked that the case be dismissed and if the violations still exist then the new owner will need to be cited. Tim McLeod made a motion to dismiss. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes .Timmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 17) Motion to Dismiss - #02-2883 — Transglobal Real Estate Trust Inc. — 716 SW 9"' Street. Dtmia Bauch Code Board summary Minutes 10 October 4,2004 3. 3 LAW OFFICES RYAN & RYAN, LLC THIRD FLOOR APR 1 9 2006 700 EAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33004-3090 +..1 i •hem-^�� ARCHIE J.RYAN III TIMOTHY M.RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN` FACSIMILE(954)921-1247 MARK C.ELIA -Board Certified City, April 14 2006 County and total , Government Lawyer Ms. Louise Stilson City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Dania Beach v. McCutcheon CEB 00-0666 Folio No.: 0234-01-0120 Our File No. 19948D Dear Ms. Stilson: The City and Shawn McCutcheon entered into a Final Settlement Agreement on the above-referenced code board case with an agreed payment by Shawn McCutcheon to the City of $12,500 to satisfy the lien. The City Commission approved the Settlement Agreement on January 19, 2006, and payment was due from Shawn McCutcheon by February 20, 2006. The property subject to the City's lien has not yet closed on the real estate sale and payment was not made to the City by February 20, 2006. please reset this matter on the City Commission's May 18, 2006 abatement agenda with a staff recommendation that Shawn McCutcheon be required to pay the City $13,500 in settlement of the lien, with payment due no later than June 10, 2006, If you need anything further from my office, please so advise. ITIM ly yours, HY M. RYAN TMR:lf cc: Ivan Pato, City Manager Shariann Marchan, CEB Clerk AGENDA REQUEST FORM CITY OF DANIA Date: 5/11/06 Agenda Item #: A 3 Title: Request for Approval of Settlement Agreement Requested Action: Consideration of the Final Settlement Agreement for case# CEB00-0666, Ivory and S. McCutcheon—Vacant lot 200 block of NW 1 Avenue Summary Explanation & Background: This property was originally cited on 6/14/00 for 3 violations and given 14 days to comply. The owners did not comply and were taken to the code board on1/08/01. A final order was issued giving the owners 30 days to comply or a fine of$200.00 per day would be imposed. The compliance date was 3/03/01 and the property was not brought into compliance until 9/15/01. The fine ran from 3/03101 through 9/15/01, 196 days @ $200.00/day = $39,200.00 plus $100.00 recording fee = $39,300.00 owed. The fine was confirmed on 8/06/01. The owners came back before the code board on 12/06/01 for an abatement and the board recommended abating the fine by 50% and the commission upheld this recommendation on 1/08/02, if paid in 30 days. The fine was not paid and the fine amount reverted back to the original amount of$39,300.00. The code board authorized foreclosure on this fine on 9/7/04. On 12/05/05 this was brought back before the code board to approve settlement of the lien. Exhibits(List): (1) Copy of the Settlement Agreement signed on 11/17/05. (2) Copy of memo from Richard Bettor recommending approval of settlement agreement (3) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (4) Copy of the original violation letter issued. (5) Copy of minutes from the 1108/01, 8/6/01, 12/06/01, 9/07/04, and 12/05/05 code board meetings and copies of the 1/08/02, 1119/06 commission minutes. Purchasing Approval: Prepared By: Shariann Pearson, Code Enforcement Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends approval of settlement agreement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk wi ,c.i cuuu r a L ua,Yo ni - rt1A NU, d04 del 1Z4f F, U2/U4 1N TI Ili CIRCUIT COURT OF TI4E 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 05-03346 CACE 02 CITY OF DANIA BEACH,a Florida municipal corporation, Plaintiff, V. MADELYN McCUTCI[EON,as Personal Represontadvu of ilia Estate of IVORY LOR17NZO McCUTCf]EON,the unknown spouso, heirs,beneficiaries and creditors claiming by,through, under or against IVORY LORENZO MCCUTCHEON a/k/4IVORY McCUTC1IE0N; SIIAWN McCUTCHbON, if living, and if dead,the unknown spouse,heirs, beneficiaries and creditors claiming by, through,under or against SHAWN MCCUTCHEON; HOWARD D, POPPER and ALAN L. YATVIN, individually, and d/b/a POPPER& YATVIN, Defendants. 1' A TI FF. CITV OF DANIA R11;ACIi, AND DEFENDANT, AlAMN McCUTCHEON, FINAL SETTMMF,_1�T AGRUEMENT Plaintiff, CITY MAMMA BEACH, and Defendant, SHAWN McCUTCH .ON, by and through their respective attolmeys, enter inlo this Final Settlement Agreement and state: 1. This action was cominenced by Plaintifffiling its Complaint to Foreclose Municipal Lien on property in Dania I3each and described as: Lot 2, Block 21 Town of Modelo (now Dania), according to the Plat thereof, as recorded in Plat Book B, Page 49,of the Public 12ccords of Dade County; -said lands situate, lying and being In Braivard County, Florida. UUT-zl-' UUb M Ui:bU Fn HIX NU, Jb4 yLl IeV N. U3/U4 CASE NO. 05-03346 CACE 02 (hereinafter Identified as the subject property). 2. Plaintiff alleged a lien against the subject property totaling $39,300 for violation of the Dania Beach City Code. 3. Defendant, SHAWN MCCUTCHEON, owns a one-half (%) interest in the subject property, and the renialydng ono-half('/s) interest is owned by the Estate of Ivory McCutchcon. 4. On August 17,2005,this Court entered a Final Summary Judgment in favor of Defendant, Estate of Ivory McCutcheon,which extinguished Plaintiff's Code Enforcement Lien as to the Estate of ivory McCutcheon's one-half interest in the subject property. 5, Defendant, SHAWN McCUTCHHON, and Plaintiff, CITY OF DANIA BEACH, do hereby agree the Plaintiff will release its Code.Enforcement Lien against Defendant, SHAWN McCUI'CHEON'S,one-half interest in the subject property in exchange for payment by Defendant, SHAWN McCUTCHEON,to Plaintiff,Crl'Y OF DANIA BEACH of $12,500 and farther subject to ilia terms and conditions of this settlement agreement. 6. This Settlement Agreement is contingent upon and subject to approval by the DaniaBeach City Commission with respect to all terms and conditions stated in this agreement. 7. Defendant, SHAWN MccurcHEON, must deliver the aforesaid $12,500 payment to Plaintifl'within thirty(30)days after the City Commission's approval of this settlement agreement or the settlement agreement shall be null and void. 8. Plaintiff and Defendant, SHAWN McCUTC'IIEON, will be responsible for their own attorneys' fees and costs in this action. 2 OCT-21-2005 FRI 03:50 PM rnA IvU. JJ4 OL1 1"' :1 CASE;NO, 05.03346 CACE 02 9. This seulcmcnt satisfies all obligations of Defendant,SIIAWN McCUTCIIEON regarding the Dania Beach Code Enforcement Board Order recorded September26,2001 in O.R.Book32158, Page 1325 and the Supplemental Ordcr/Claim of Lien recorded September 26,2001 in O.R.Book 32158.Page 1330, Aroward County records. Upon payment of the$12,500 as aforesaid, the City of Dania Bcach will prepare and record a Release and Satisfaction of the Code Enforcement hoard Final Order and Stpplemental Order/Claim of Lion referenced herein. The parties hereto have made and executed this Agreement through their respective counsel and by signing This agNemcnt do hereby acknowledge that they arc duly authorized to execute same. GOSSETT& GOSSET`1', P.A. LAW OFFICES OF RYAN& RYAN,LLC Attorneys for Defendant, S11AWN McCUTCHF.ON Attorneys for Plaintiff 4700Sheridan Street,Buildingl 700East Dania Beach Boulevard,Third Floor llollywood, l'L 33021 Dania Beach,1133004 (9.54) 983-2828 (954) 920-292 /1710S' By:w � liY� I t _. O ALD 11. GOSSBTT Um ply M. RYAN Florida Aar No. 210811 Florida liar No. 3258. f M0111 CltlMCCatcOnm Agmununi.wpd 3 INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Approval of Settlement Agreement Case # CEB00-0666 Ivory and S. McCutcheon Vacant lot 200 block of NW 1 Avenue DATE: January 19, 2006 The code board authorized foreclosure on this fine on 9/07/04. The code enforcement board, after hearing testimony on 12/05/05, decided by unanimous vote to recommend approving the settlement reached in this case. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ich r Bettor, Chairman RB/gb OR BR 32158 PG 1326 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB00-0666 municipal corporation PLAINTIFF, FINAL ORDER VS. IVORY AND S. MCCUTCHEON DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 8, 2001, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the defendants and the subject matter of this action; and b. Defendants, Ivory and S. McCutcheon, did allow the following code violations to exist at property defendants own located at Vacant Lot 200 Blk N. W. 1 Avenue, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 2 BLK 2 (# 0234 01 0120): a FINAL ORDER OR BK 32158 PG 1327 CEB00-0666 PAGE 2 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove all trash, junk, garbage and all other materials stored on the property and to mow/trim/cut and maintain trees, shrubs, weeds and grass. 2. Ch. 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. 3. Chapter 28, Zoning, Section 4.20, Zoning Use Regulations. Failure to remove all outside storage of vehicles, equipment, vessels, trailers, containers, auto parts and tires from the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Ivory and S. McCutcheon: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of$200.00 per day will be imposed 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, Ivory and S. McCutcheon, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $200.00 per day, to be imposed 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. Said fine shall constitute a lien upon the real property 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 8th day of January, 2001. Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL UKutH OR SK 32159 PG 1329 CEB00-0666 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: � WW Richard Bettor, Chairperson Date signed: Sworn and sub c ibed before me this - / if day of 2001. NOTARY ARY PU IU�_�A� C" STATE OF FLORIDA Richard Bettor is personally known to me. OFFOALNOO,,'aY PUBARYSUL (i GIORNJ TBIW10E8 2 < COMMISSION28 MAIBER CCa7&90 MY OOMY18 mE)RAFS �Oi F�oa MAY 102003 Return to: Marie Jabalee, Finance Director 100 W.Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER OR U 32158 PG 1329 CE800-0666 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final grder was mailed to the Defendants, Ivory and S. McCutcheon, this V day of Ar� 2001. CERTIFIED MAIL 7099 3400 0014 4251 2595 CODE ItNFORCEUENT BOARD CLERK APPROVED O FORkACORRECTNESS TIM RYAN, SPE AL CIT Also sent regular mail Return to: Marie Jabalee, Finance Director 100 W.Dania Beach Blvd. Dania Beach, FL 33004 INSTR # 10135824S OR BR 321SS PG 132S IELIJmED 09/26/2Wt 10:08 AN PREPARED BY: 07l IIWItlf TIMOTHY M. RYAN, ESQ. BKAMW liAAOY Special City Attorney Uh (Y t7 A 2000 City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) 13ROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 18 day of September, 2001 CITY OF DANIA BEACH By; l�niuil ltl �l '✓ DAVID E. KELLER Finance Director File: CEB 00-0666 FINAL ORDER CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB00-0666 Municipal corporation PLAINTIFF, FINAL ORDER vs. IVORY AND S. MCCUTCHEON DEFENDANTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer William Dubisky on the City's Motion to Confirm Fine held on the 6th day of August, 2001, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 1st day of February, 2001, a Final Order in the above captioned case commanding the defendants, Ivory and S. McCutcheon, to bring the violations specified in said Final Order into Return to: David E.Keller, Finance Director 100 W.Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER CEB00-0666 compliance on or before the 3rd day of March, 2001, 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: TOWN OF DANIA B-49 D LOT 2 BLK 2 (# 0234 01 0120). 3. That the Defendants, Ivory and S. McCutcheon, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendants, Ivory and S. McCutcheon, shall comply with said Final Order. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendants. DONE AND RDERED at Dania Beach, Broward County, Florida, this I Day of , 2001. DANIA BEACH CODE ENFORCEMENT BOARD Richard Betfor, Chairman Sworn to and subscribed before me this J( day of , 2001 By Richard Bettor, who is personally known to me. - � A� NOTARY PUBLIC STATE OF FLORIDA Fr p&d� a "q 20 `j� * MMU=10NNUSANA Return To: David E. Keller, Finance Director 2 pF1 Mr00401c MEVIRp 100 W. Dania Beach Blvd. —OF f!O MAY t0 Dania Beach,FI 33004 SUPPLEMENTAL ORDER CEB00-0666 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Ivory and S. McCutcheon, this day of 2001. CERTIFIED MAIL # 7001 0360 0002 7730 7366 , Q�� Q:-J,"'"&' CODE(ENFORCF,MENT BOARD CLERK APPROVED S TO FQRM AND CORRECTNESS TIMOTHY M. RYAN, r ECIAL CITY ATTORNEY Also sent regular mail xc: Debra M. Anderson, 2665 NW 20 St. , Ft. Laud. , Fl 33311 Certified Mail 7001 0360 0000 4107 9505 Also sent regular mail Return To: David E.Keller, Finance Director 3 100 W.Dania Beach Blvd. Dania Beach, FI 33004 - - FLORIDA 06/14/00 IVORY AND S . MCCUTCHEON C/O ARTHUR FRANCIS P.O. BOX 637 DANIA BEACH, FL 33004 RE: FILE 2000-0952 LOCATION: VACANT LT 200 BLK NW 1 AV FOLIO 0234-01-0120/ LEGAL DESCRIPTION BEING: TOWN OF DANIA B-49 D LOT 2 BLK 2 Dear IVORY AND S . MCCUTCHEON: You are notified that you are presently in violation of the following Code of Ordinances, City of Dania, Florida. VIOLATION OF CHAPTER 13 , SECTION 13-23 ; PUBLIC NUISANCE VIOLATION. PROPERTY DECLARED A PUBLIC NUISANCE AND MUST BE PLACED INTO GOOD CONDITION. TRASH, JUNK, GARBAGE AND ALL OTHER MATERIALS STORED ON THE PROPERTY MUST BE REMOVED. TREES, SHRUBS, WEEDS AND GRASS MUST BE TRIMMED/MOWED/CUT AND MAINTAINED. 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. ALL INOPERATIVE AND UNLICENSED VEHICLES, TRAILERS, AND VESSELS MUST BE REMOVED FROM THE PROPERTY. VIOLATION OF CHAPTER 28 , ZONING, SECTION 4 . 20 ZONING USE REGULATIONS . OUTSIDE STORAGE OF VEHICLES, EQUIPMENT, VESSELS, TRAILERS , CONTAINERS, AUTO ?ARTS OR TIRES IS NOT A PERMITTED USE IN A COMMERCIAL C-3 ZONED DISTRICT. ALL VEHICLES, EQUIPMENT, VESSELS , TRAILERS , CONTAINERS , AUTO PARTS OR TIRES MUST BE REMOVED. You are required to correct the violation and call for a re-inspection by 06/28/00 . 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 above violation, please do not "Broward's First Citv' 100 \Vest Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w ..ci.dania-beach.fl.us hesitate to contact me. WILLIAM DUSISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: _X_ Certified Mail Z 394 736 949 Gloria Brandes . Beulah Lair—yes Pat Flury — yes Jimmy Peterman —yes Richard Bettor— yes 20. CEB99-0369 Jeremiah J. & Dorothy Kelly 2300 Block of SW 32 St. #4 Ft. Lauderdale, FL Inspector William S. Johnson, having been previously sworn in, came forward. Mr. Johnson said, per the City Attorney, we are continuing because we are still in court. It was on motion of Tim McLeod, seconded by Pat Flury, to continue the case. The motion carried on the following roll call: William Sargent—yes Tim McLeod —yes Judy Jensen — yes Beulah Lair— yes Pat Flury— yes Jimmy Peterman —yes Richard Bettor—yes 21. CEB00-0666 Ivory and S. McCutcheon % Arthur Francis Vacant lot, 200 block NW 1 Avenue, lot 2 Dania Beach, FL Inspector William Dubisky, having been previously sworn in, had the following testimony. The violations are located at a vacant lot in the 200 block of NW 1 Avenue, lot 2. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 13, Public Nuisance, weeds, trees, and trash needs to be cleaned up; Chapter 14, abandoned vehicle violation; and Chapter 28, Zoning violation, outside storage not permitted. As of today, the property is still in violation of Chapter 13, trees and weeds still require trimming and miscellaneous trash and debris remain on the property; Chapter 14, junked and abandoned vehicles and vessels remain on the property; and Chapter 28, zoning, the outside storage of vehicle and equipment is still on the property. Two photos were given to the Board. Mr. Dubisky said this property is in care of Art Francis, who has attempted to clean the property; the grass has been cut and some vehicles have been removed. Mr. Dubisky said Mr. Francis asked for 30 days to finish. It was on motion of Beulah Lair, seconded by Pat Flury, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violations exist as charged, move the violator be given 30 days to comply thereafter a fine of $200.00 per day will be levied. The motion carried on the following roll call: William Sargent— yes Tim McLeod — yes Judy Jensen — yes Beulah Lair— yes Pat Flury— yes Jimmy Peterman — yes Richard Bettor— yes Dania Beach Code Enforcement Board Minutes 16 January 8,2001 22. Motion to Confirm Fine—CEB00- 0666-1vory & S McCutcheon — Vacant lot 200 Blk NW 1 Avenue Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said corrective action, as issued by the Board, was to have taken place on or before 3/02/01. Mr. Dubisky said an inspection of the property, on 8/06/01, revealed the corrective action had not been taken in that there is still trash and debris on the property. It was on motion of Beulah Lair, seconded by Jimmy Peterman, to confirm the case. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 23. Motion to Confirm Fine—CEB00- 06684vory & S McCutcheon — Vacant lot 200 Blk NW 1 Avenue Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said corrective action, as issued by the Board, was to have taken place on or before 3/02/01. Mr. Dubisky said an inspection of the property, on 8/06/01, revealed the corrective action had not been taken in that there is still trash and debris on the property. It was on motion of Beulah Lair, seconded by Jimmy Peterman, to confirm the case. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 24. Motion to Confirm Fine—CEB00- 0683-Nelly Manzo —210 SW 1 Court Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said corrective action, as issued by the Board, was to have taken place on or before 3/03/01. Mr. Dubisky said an inspection of the property on 8/06/01, revealed the corrective action had not been taken in that the fence violation has not been corrected and there is a small amount of debris on the property, specifically discarded shutters and fencing materials. It was on motion of William Sargent, seconded by Gary Luedtke, to confirm the case. The motion carried on the following roll call: William Sargent—yes Judy Jensen— yes Jimmy Peterman—yes Gary Luedtke— yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes Dania Beach Code Enforcement Board Minutes 10 August 6,2001 was failure on the part of the owner to notice Code Enforcement to do the follow up inspection as is required and stated in the Final Order. Mr. Koch responded yes, that was his understanding. Attorney Lisa Stewart came forward to represent Mr. Nesbitt. Ms. Stewart said what Mr. Koch said was correct and that it was her understanding that the repairs were made within 30 or 45 days because after the repairs were made,one of the defendant's children moved into the home and lived there for more than 2 years. Ms. Stewart said the defendant made the repairs, but was not aware that he needed to call someone to inspect the property. Ms. Stewart said the defendant was under the impression someone would come out and look at the property to tell him it was ok. Ms. Stewart said it was her understanding that someone did come out in 1997 and said the property was, for the most part, in compliance. Ms. Stewart said the defendant did not come back before the Board because he was unaware that he needed to call someone to come and look at the property. Ms. Stewart said she and the defendant came to the meeting in 1999 and she understood that the defendant did not have a permit for the electrical repairs, so the defendant hired a company to get the permit. Ms. Stewart said someone came out within 7 days, inspected the property, and told the defendant he was in compliance from the end of October. Ms. Stewart said on November 2, someone came to the property and told the defendant he was fine. Ms. Stewart said Mr. Nesbitt had made the proper repairs, but just did not know he needed to call someone to check the property. Beulah Lair asked if, after Mr. Nesbitt had the roof fixed and the inspector came out, he knew the next time he did something that it needed to be inspected. Ms. Stewart responded no. It was on motion of Judy Jensen to reduce the fine to $1,000.00 because the defendant was not knowledgeable and not totally literate to the requirements of the City of Dania Beach and because all the discrepancies were taken care of almost immediately, just not reported to the City. Jimmy Peterman seconded the motion. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—no Richard Bettor—yes 8) Request for Abatement-CEB00-0666-Ivory and S. McCutcheon-Vacant lot 200 Block of NW 1 Avenue Code Inspector William Dubisky came forward, having been previously sworn in, and had the following testimony. This case was heard by the Board on 1/8/01 for 3 violations and was given 30 days to comply or a fine of$200.00 per day would be levied. The compliance date was 3/3/01; the defendants did not comply. The property came into compliance on 9/15/01. The fine ran from 3/3/01 to 9/15/01, 196 days at $200.00 per day totals $39,200.00 plus $100.00 recording fees equals $39,300.00 total owed. Mr. Dubisky said the property is in compliance today. Mr. Dubisky said this was a serious problem with violations such as abandoned vehicles and deteriorated fences. Mr. Dubisky said it took a major undertaking to clean this up. Sean McCutcheon, 720 SE 3 Court, Dania Beach, came forward and was sworn in. Mr. McCutcheon said he is requesting an abatement because he did Dania Beach Code Board Summary Minutes 7 December 6,2001 not have knowledge of these problems. Mr. McCutcheon said he was residing in Las Vegas and his father was in Minnesota at the Mayo Clinic due to illness. Mr. McCutcheon said his father is now deceased. Mr. McCutcheon said he was notified of this on 8/18/01 and he came home the first of September. Mr. McCutcheon said he took care of the problems within 14 days of returning home and even mowed the lawn when he was asked to. Mr. McCutcheon said again he had no knowledge of these violations because he lived in Las Vegas. Gary Luedtke asked if he lives in the area now. Mr. McCutcheon said he is originally from Dania, but lived in Las Vegas for a year. Jimmy Peterman asked Mr. McCutcheon if he knew who was receiving the letters for the property. Mr. McCutcheon said it was either Debra or Louis McCutcheon, his uncle. Mr. McCutcheon said his uncle did not notify him of the violations. Mr. Dubisky said Art Francis was the person who signed the certified mails in the file. Mr. McCutcheon said Art Francis was the power of attorney for Mr. McCutcheon's father. Mr. McCutcheon said Mr. Francis did not notify him of the violations, nor did he comply with the violations. Judy Jensen asked what Art Francis did. Mr. McCutcheon said Mr. Francis was supposed to be a friend of his father's who resided at one of the properties and was supposed to be looking out for the properties. Attorney Ryan said when the Board gives consideration to any abatement that is made on the property, although the Board is hearing case # 12 and # 13 separately, they are properties that are next to each other and had the same violations on the same date, and he imagines whatever abatement is given on the first property will be given on the second property because the circumstances are no different. Mr. McCutcheon said also because the property is an open field, people dump trash on it. It was on motion of Gary Luedtke to abate the fine to half of$39,300.00 based on the reasons that they are in compliance and it appears the owner will be taking care of the properties. Attorney Ryan suggested making part of the motion the fact that the testimony of Sean McCutcheon revealed he was out of state and, although a record owner of the property, he did not receive notice and therefore was not able to direct the necessary corrective action. Gary Luedtke amended his motion to include the statement by Attorney Ryan. Jimmy Peterman seconded the motion. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes 9) Request for Abatement-CEB00-0668-Ivory and S. McCutcheon-Vacant lot 200 Block of NW I Avenue Attorney Ryan stated this case has the same set of circumstances as the previous case even though they are two different properties, so the Board can read the same motion as the last case. It was on motion of Gary Luedtke, seconded by Jimmy Peterman, to abate the fine to 50% of what it is based on Mr. McCutcheon not being in the area during this time and that now he will be taking care of the property. The motion carried on the following roll call: Dania Beach Code Board Summary Minutes 8 December 6,2001 building. There were roof leaks which caused mold inside, water supply and kitchen valves that were leaking, water heater that needed to be replaced, and electrical wires that needs to be closed up. He said that there are some general repairs that need to be done around the building and the A/C unit wasn't sealed in the building. Mr. Koch stated they have a permit which they received for the installation of a water heater which was issued on 8/13, and there haven't been any inspections. He said that he was told that the rest of the work is complete, but there has been no request for an inspection. Chairman Bettor asked if there was anyone representing Sakara Chin. Mark Comavatch, boyfriend of Sakara Chin, 270 SW 14d' Street, came forward and explained that Ms. Chin had to go to work. David Nuby told Mr. Comavatch to call the city for an inspection. Mr. Nuby stated that the plumbing inspection was cancelled by the city because of Hurricane Frances and still needs to be done. David Nuby made a motion to adopt the finding of facts and to give 30 days to correct the problem and can for an inspection or a fine of$50.00 per day until it is completed. Attorney Ryan asked if the motion will be to give 30 days to complete the work and have it inspected. David Nuby said yes. The motion carried on the following roll call: David Nuby-yes Judy Jensen-no Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 20) Authorization to Foreclose - CEB00-0666—Ivory & S. McCutcheon—Vacant Lot NW 1't Avenue Attorney Tim Ryan stated that this is 1 of 2 properties that there were violations on and we have received authorization to foreclose on the first property which is owned in the same name. He said that this parcel had not received the authorization to foreclose and there has been no payment. Attorney Ryan stated that at one point the commission did reduce the fine to % the amount 2 '/z years ago and the fine has not been paid. Attorney Ryan stated that it is the staff s recommendation to foreclose. Gary Luedtke made that motion and it was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 21) Request for Extension - #03-5650—Robert B. & Dorothy Pfeiffer— 29 NE 3`d Street Chief Code Inspector William S. Johnson having been previously swom in came forward and made the following statement. Mr. Johnson stated that this came before the board on 3/01/04 for 1 violation. The board issued a final order giving the defendant 120 days to comply or a fine of$40.00 per day, the compliance date was 7/28/04 and they are requesting an extension from that date. Mr. Johnson Dania Beach Code Board Summary Minutes 13 September 7,2004 Disposition: Case dismissed. Motion by Judy Jensen, second by Terrell McCombs to dismiss the case. Motion carried by unanimous vote. Case # CEB00-0666 Ivory and S. McCutcheon, Vacant lot at 200 Blk NW 1 Avenue Inspector: William Dubisky Violations: Ch 13, Sec 13-23; Ch 14, Sec 14-2; Ch 28, Sec 4.20 Present for the Defendant: No representative Disposition: The property is in compliance. Motion by Tim McLeod, second by Judy Jensen to approve the settlement on the case. Motion carried by unanimous vote. Case # 04-1735 Richard L Bulow Tr, 4100 Ravenswood Road Inspector: William Dubisky Violations: Ch 15, Sec 15-1; FBC 104.1; Ch 28, Art IV, Sec 4.20 Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Tim McLeod, second by Terrell McCombs to continue the case. Motion carried by unanimous vote. Case # 05-0643 Joan Leto Tr, 320 S. Federal Hwy. Inspector: William S.Johnson Violations: Ch 28, Zon, See 28.190 Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Tim McLeod, second by Judy Jensen to continue the case. Motion carried by unanimous vote. Case 404-1273 Constance K. Lathrop, 2620 SW 54 Street Inspector: William Dubisky Violations: Ch 8, Art II, Sec 8-21a2g; Ch 13, Art I1, Sec 13-39; Ch 39, Art X, Sec 39-132a; Ch 39-133; Ch 39, Art XVI, See 39-2756b Dania Beach Code Board Summary Minutes 9 December 5,2005 A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, accepting the recommendation of the Code Enforcement Board to abate the lien to half of $39,300.00 or $19,650.00 to be paid within 30 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 11.10 Request by Ivory and S. McCutcheon for abatement of CEB00-0666 for vacant property located near 200 block of NW 1 Avenue. (Staff) A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, accepting the recommendation of the Code Enforcement Board to abate the lien to half of $39,300.00 or $19,650.00 to be paid within 30 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 11.11 Discussion of tightening existing ordinances. (Commissioner Bertino) Commissioner Bertino mentioned that the City needs to address certain City Ordinances relating to Adult Entertainment in regards to Swingers Clubs and Bottle Clubs. He mentioned that the City should conform to legal actions taken by other cities who have encountered legal problems as a way of providing a stronger legal position. Commissioner Bertino asked that City Ordinances be enforced by BSO, where enforcement makes sense, now that the City has a new Chief, Brian Cowart. Commissioner McElyea mentioned that BSO is enforcing certain Ordinances while other laws are not being enforced and that all City Ordinances should be enforced. Commissioner Mikes mentioned that problems were encountered when the hours for sale of alcoholic beverages were expanded and that a visioning session should be scheduled to address possible changes to the Code. City Manager Palo agreed to meet with Chief Cowart on the enforcement of City Ordinances and to schedule a visioning session now that the City includes the newly annexed area. 11.12 Discussion of project schedule outlining streets to be paved. (Bud Palm, Public Works/Utilities Director) Continued to 1/10/02 Workshop Meeting. 11.13 Discussion of naming beach to Ocean Park. (Randy Wilkinson, Parks & Recreation Director) City Manager Palo requested a continuance. The City Commission generally agreed to oppose any name change at the beach that did not include Dania Beach and withdrew the request. ITEM 10 WAS HEARD AFTER ITEM 11.13. MINUTES CITY OF DANIA BEACH 13 JANUARY 8, 2002 to the City two months before the deadline for compliance. The final fire inspection was made and the license was issued in June. He noted they accept the proposal to abate the fine to $6,000. Sean Brown, Fire Marshall, advised protection for the boat docks was the issue. The applicant still has until April 14, 2006 to comply. William Johnson, Chief Code Inspector, advised 12 of the 13 violations are in compliance. The 13`s violation was for an occupational license which fire suppression would not approve. Sean Brown, Fire Marshall, clarified that the license has been obtained. The issue was fire protection for the docks and a one year extension was approved. Vice-Mayor Flury motioned to approve the abatement of $6,000, with payment to be made within 30 days; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Addendum 3.4 Consideration of the Final Settlement Agreement for CEB00-0666, Ivory and S. McCutcheon for property described as Vacant Lot 200 Block of NW I't Avenue (#0234-01- 0120) Attorney Tim Ryan advised we filed a foreclosure action against the estate of Ivory McCutcheon and Shawn McCutcheon. The estate of Ivory McCutcheon was able to get out of the lawsuit successfully because the lien had been file during Ivory McCutcheon's lifetime. He died in prison and we filed the suit outside of the allowable time after a person's death; however, we were able to foreclose on Shawn McCutcheon's one-half interest. The Settlement Agreement provides that Shawn McCutcheon will pay $12,500 within 30 days of approval of the Commission. He advised the City is obligated to pay legal fees to the estate of Ivory McCutcheon which he estimated to be under $2,500. Commissioner McElyea motioned to approve the final settlement agreement of $12,500, with payment to be made within 30 days; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 4. Adjournment Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 19,2006—6:00 p.m.