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HomeMy WebLinkAbout2006-03-16 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 16, 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 BEACH 1S REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT"FO 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,FL 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 THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request by Fannie Bennet for consideration of abatement for Case #05-1350, for property located at 237 NW 51h Avenue (40234-01-0380) 3.2 Request by Christine Taylor Est. % Jacquelene L Kurland, for consideration of abatement for Case 403-5807, for property located at 31 NW 14th Court (#0233-13- 0130) 3.3 Request by Associates Financial Services of America, Inc. and Betty Cherry, for consideration of abatement for Case #03-4917, for property located at 728 SW 71h Street (#1203-34-0860) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: 3/08/06 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Fannie Bennet-#05-1350—237 NW 5 Avenue. Summary Explanation & Background: This property was originally cited on 8/23/05 for 2 violations and given 10 days to comply. The compliance date was 9/02/05 and she did not comply. This was heard by the code board on 10/03/05. The board issued a final order giving Ms. Bennet 30 days to comply or a fine of$150.00 per day would be levied. The property was brought into compliance on 12/02/05. The fine ran from 11/02/05 to 12/02/05, 30 days @$150.00/day = $4500.00 owed. The fine has not been confirmed. This fine amount was paid on 12/28/05. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $500.00. (2) Copy of the Final Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 10/03/05, and 2/06/06 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating to $500.00 based on testimony from granddaughter that Ms. Bennet is elderly and was living with a relative at time of mailings. The family took care of the violations as soon as they found out about them. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH '1W TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 05-1350 Fannie Bennet 237 NW 5 Avenue DATE: 3/08/06 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 2/06/06, 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 ichard Bettor, Chairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1350 municipal corporation PLAINTIFF, FINAL ORDER vs. FANNIE BENNET DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 3, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Fannie Bennet, did allow the following code violations to exist at property Defendant owns located at 237 NW 5 Avenue, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 5 BLK 4 (# 0234 01 0380): 1. Chapter 8, Buildings, Article Il, 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. There FINAL ORDER #05-1350 PAGE 2 is an accessory structure on the subject property that is in disrepair and falling down. Failure to repair, replace or remove accessory structure on the property. 2. Chapter 13, Health and Sanitation, Article II, Section 13-34, Prohibitions, (a) (b) (c). There is overgrown vegetation along the fence on the subject property. Failure to cut, mow, trim overgrown vegetation along the fence on the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Fannie Bennet: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 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, Fannie Bennet, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this 14 day of 00-& '1 - , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1350 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, hairperson Notary Seal: Sworn and subscribed before me this day of ,(7g�� 2005. NOT Y PUBLI TATE OF FLORIDA Richard Bettor is personally known to me. Gloria J Brandes 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 #05-1350 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Fannie Bennet, this Lam— day of a4&41 , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8353 CODf ENFORCLWENT BOARD CLERK APPROVED TO FORM AND CORRECTNESS r� lb TIM RYAN, IS 7 ECIAL CITY r ORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 w3� FLORIDA : W q'-i1 oS August 23, 2005 TQ FANNIE BENNET Case Number: 05-00001350 3331 EL JARDIN DR APT 1 HOLLYWOOD, FL 33024 Location: 237 NW 5 AVE Folio: 5042-34-01-0380 Legal Description: TOWN OF DANIA B-49 D LOT 5 BLK 4 Dear FANNIE BENNET: 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 02, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation(s) , please do not hesitate to contact me. S ' e ely, THE DO E REZ COD I S E TOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 4113 by ANA MARIA RESTREPO Also sent regular mail "BrowarA First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.tl.us V1VLH11V1V L�1L-11L rr�vr �. =`CASE NUMBER 05-00001350 PROPERTY ADDRESS 237 NW 5 AVE -------------------------------------------------------------- VIOLATION: CH. 8, ART. II , SEC. 8-21 (4) F QUANTITY: 1 DESCRIPTION: CH. 8,ART. II, SEC. 8-21 4F,ACC ST DATE: 8/23/05 LOCATION: NARRATIVE Accessory structure 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, rooming units. All accessory structures shall be maintained in a good state of repair. ----- -------------------------------------------------------- VIOLATION: CH13 ART II SEC13-34A,B,C QUANTITY: 1 DESCRIPTION: CH13 , ART II SEC 13-34 A,B,C DATE: 8/23/05 LOCATION: NARRATIVE All grass, weeds and/or shrubs on property, including the area abutting the rights-of-way (swale) must be cut, mowed, trimmed and property maintained. ORDINANCE DESCRIPTION : Violation of Chapter 13, Health and Sanitation, Article II, Secton 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of promises within the city to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in Section 13-21 upon the property. Each owner or operator of property within the city shall keep such property, and adjoining unpaved portions of the public right-of-ways, swales and canal banks, clean and free from any accumulation of garbage, trash or litter. The owners or operators of all improved property within the city shall not be permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks. Broward County Property Appraiser's Network Page 1 of 1 LORI PARRISH170, a`�. IMPORTANT: If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. tvSPlease use our Tax Estimator to determine a more likely estimate of o - 5 � 1 your new amount. Y , .. 'V GYM•A ..fiY. i/'YVVY Click here to display your 2005 TRIM notice. Site Address 237 NW 5 AVE , DANIA ID# 5042 34 01 0380 Property Owner BENNET,FANNIE Millage 0443 Mailing Address 3331 EL JARDIN DR APT 1 HOLLYWOOD FL 33024 Use 01 Legal TOWN OF DANIA B-49 D LOT 5 BILK 4 Description Property Assessment Values Year Land Building Land Value AG Total Tax Current $57,690 $9,250 $66,940 2004 $27,240 $8,150 $35,390 $371.20 2003 $27,240 $7,270 $34,510 $114.00 Save Our Exemptions Home Value Type Widow(er)'sNeteran's/Disability Homestead Non-Exempt $36,450 1 1 1 $25,000 $ 11,450 Sales History Land Calculations Date Type Price Book Page Price Factor Type 12/03 QCD $100 36593 1508 $1,080.00 53.42 FF 08/03 QC* $100 35815 1461 08/03 QC* $ 100 35785 185 1368 13 Adj. Bldg.S.F. 815 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS R DS 1 1.00 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. http://www.bcpa.net/Includes/Inc—Reclnfo.cfm 9/13/2005 Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 29. Case #05-1247 Antonietta Nicosia V4 Int Giovanni Nicosia Etal 35 SW 4 Street Dania Beach;FL William Dubisky, having been previously sworn in, came forward and asked for a dismissal because the property complied. Tim McLeod made a motion to dismiss the case. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 30. Case 405-1337 Jardins LLC 3088 Griffin Road Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.13, Art.II, Sec.13-34 ABC, property is overgrown with accumulation of trash and debris. Chairman Bettor entered 7 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact as presented by our code officer, that the violations do exist and the respondent be given 30 days to bring it into compliance or a fine of $100.00 per day. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs — yes Richard Bettor—yes 31. Case #05-1350 Fannie Bennet 237 NW 5 Avenue Dania Beach, FL Code Inspector Theodore Perez came forward and was sworn in. Mr. Perez said that as of today, the property is still in violation of Ch.8, Art.1I, Sec. 8-214f, the accessory structure is still in a state of disrepair; and Ch.13, Art.II, Sec.13-34 abc, overgrown vegetation along the fence. The property owner has not made an attempt to put the property into compliance. Chairman Bettor entered 2 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact by our code officer, that the violations do exist and the respondent be given 30 days or a $150.00 per day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Dania Beach Code Board Summary Minutes 14 October 3,2005 Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 32. Case #05-1353 Yolanda Van Cura 213 NE 2 Avenue Dania Beach, FL Code Inspector Theodore Perez, having been previously sworn in, came forward and submitted four photos. Mr. Perez said that as of today the property is still in violation of Ch. 8, Art.II, Sec.8-21 a, deteriorated facia boards; Ch. 8, Art.II, Sec.8-21, fence is still in a state of disrepair; Ch. 13, Sec.13-29, standing water; and Ch.22, Sec.22-5I1), overgrown trees still over the streets and sidewalk. Ch.13, the overgrown weeds and vegetation are in compliance. The property owner has made an attempt to bring the property into compliance by cutting the grass on the property. Tim McLeod made a motion, to adopt the findings of fact that the violations do exist and the respondent be given 30 days to come into compliance or a fine of 5150.00 per day. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs — yes Richard Bettor—yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 15 October 3,2005 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 Sec 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 4 Violations: Ch 8 Article II Sec 8-21 (4) F Ch 13 Art II Sec 13-34A, B, C Present for the Defendant: Aretha Bennet Plummer} sworn in Disposition: Property is still in violation. Motion made by David Nuby seconded by Tim McLeod to reduce the fine of $500 based on the information the owner is an elderly woman and a change of address occurred. The motion was carried by unanimous vote. Case# 05-1146 Arturo & Lourdes Maria Silva,3950 SW 51 Street Request for Abatement Inspector: Eric Baker) sworn in Violations: Ch 8 Sec 8-21 (5) A3 Ch 15 Sec 15-1 Present for the Defendant: Arturo Silva) sworn in Disposition: Inspector William Johnson recommended the fine be abated to $250 to be paid within 30 days. The fine has not been confirmed. A motion was made by Tim McLeod, seconded by David Nuby, to reduce the fine to $250 to be paid in 30 days. The motion carried by unanimous vote. Case# 05-1314 Douglas Hammond, 3001 SW 45 Street Inspector: Gary Phaneuf Violations: Ch Article II Sec 13-32A Ch 28 R3 Zon Sec 4.20 Ch Article III Sec 26-35(B) 12 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Tim McLeod to grant a 60 day extension from 1/27/06. The motion carried by unanimous vote. Dania Beach Code Enforcement Board 5 AGENDA REQUEST FORM CITY OF DANIA Date: 3/7/06 Agenda Item #: 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 10/04/04, and ran from 8/02/04 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 5/03/04, 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: 3/7/06 This was originally heard by the code board on 05/03/04 for 4 violations. A final order was issued 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 board confirmed the fine on 10/04/04. The code enforcement board, after hearing testimony on 3/6/06, decided by majority vote to recommend abating the lien to $2,000.00 because three of the violations had 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. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Ri and Bettor, Chairman 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 11 — 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. O ERED at Dania Beach, Broward County, Florida, this .3 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: YI/2 Richard Bettor, Chairperson Notary Seal: Sworn and sub ed before me this _; day of 2004. NOT RY PUBLIC TA E OF FLORIDA Richard Bettor is personally known to me. �, C J pp18T280 ,F �y Como, bn Epirea May 10.2007 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 COCIE 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 r 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 41h 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 V 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 2"d 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 (# 0233 13 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 S20 Day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD "Z, By: ARchard Bett irman Sworn to and subscribed before me this *20 day of 2004, By Richard Bettor, who is personally known to me. NOTARY PUBLI TATE OF FLORIDA aQJrr Gloria J Breod8s My Commission DD187200 Expires"10.2007 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 day of 2004. CERTIFIED MAIL#7003 3110 0000 82601785 CODE EN ORCEMEN BOARD CLERIC APP4ROVEDO FORM AND CORRECTNESS TIMAN, SPECIA CITY ATTORNEY xc: Phyllis Taylor, P. O. Box 330087, Miami, FI 33233 Certified Mail 7003 3110 0000 82601792 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 1131V - ZtD °cr ktc -K� �L , `..' uq 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. Sincerely, I / t µ,, KENNETH KOCH BU I L D I 0FFICIAT& Vj o 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.fl.us V1VLit�11V1V LLi1H1L rHVL' 1 CASE NUMBER 03-00005807 PROPERTY ADDRESS 31 NW 14 CT -- ------------------------------------------------------------ VIOT!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 V 1VL['111 V1Y L/JJ 1LZiL LL']VL 4 VASE 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 __- appea_ranee 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. -------------------------------------------------------------- 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. 0/0 Jacqueline I. 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 13, Section 13-23, Public Nuisance,junk and trash; Chapter 8, Article 11, Dania Beach Code Board Summary 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 fine. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 12) Motion to Confirm Fine - #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 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 tine. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 13) Authorization to Foreclose - #04-0434 — Aqua Isles LLC. — 3901 Griffin Road. Inspector Eric Baker having been previously sworn in, came forward and made the following statement. Mr. Baker stated that the fine was confirmed on 10/04/04. Chairman Bettor asked if there was anyone representing Aqua Isles. No one came forward. Tim McLeod made a motion to authorize foreclosure. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes .Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 14) Motion to Confirm Fine - #03-5807 — Christine Taylor EST % Jacquelene I Kurland —31 NW 14"' Court. Inspector William Dubisky having been previously sworn in, came forward and made the following statement. Mr. Dubisky stated that pursuant to the order Dania Beach Code Board SLimmary 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 3121' 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 —402-3031 - Joseph & Rebecca Levy—204 SW 1st 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 Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 17) Motion to Dismiss - 402-2883 — Transglobal Real Estate Trust Inc. — 716 SW 9"' Street. Dania Beach Codc Board Summary Minutes 10 October 4,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 3/08/06 Agenda Item #: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Associates Services of America Inc. & Betty Cherry — Case # 03-4917 - 728 S.W. 7 Street Summary Explanation & Background: This was originally cited on 6/27/03 for 3 violations and given 14 days to comply. The compliance date was 7/11/03 and the property did not comply. This was heard by the board on 4/05/04 and 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 5/22/04, however they did not comply until 4/12/05. The fine ran from 5/22/04 thru 4/12/05, for 325 days = $32,500.00 plus $100.00 recording fee = $32,600.00 total. The board confirmed the fine on 9/07/04 and authorized foreclosure on 5/09/05. Exhibits (List): (1) Memo from Ryan & Ryan, Attorney of the Code Enforcement Board, recommending abating fine to $3,000. (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 4/05/04, 9/07/04, and 5/09/05 code board meetings. Purchasing Approval: Prepared By: Shariann Pearson, Code Enforcement Source of Additional Information: (Name & Phone) Recommended for Approval By: Attorney Tim Ryan recommends abating to $3,000.00. He will speak on this. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk MAR-07-2006 TUE 04:49 PM FAX NO, 954 921 1247 P. 02102 MEMORANDUM 61.0RIA lFWANDL'S 11,111,0M MARK I-HAA M" SIMLIS of Dania Heacli v. Betty Cherry Foreclosure DATF' N1�jtch 7, 2006 —- ---------- BcttY Chen,.),, the owner of property at 728 S.W. 7"' Street, DMIiR Beach, was cited by a co(:I,,, ei-itorcellic[t( inspwor for violation of Chapter 13, Section 13-23; Public Ntlis.111CC, ftfiltirc to ]-u IlloVC tj- jq 11 0 property 11 FIB 9,ql-l)'- 110 alld all other materials oil the p op y i Casc No. 03-4917, The S1111p1cmOntal Order/Claim of Lien w4s recorded fil. OR Book 38369, 149-152, 91'0wanl ('minty Records, The lien plus recording costs is $32,600.00 foi- tile pc"iod front. MIny 2,3, 2004 through April 15, 2005, the dale of coi)lpliallce. 'I'lle City cl.,11111s cods of V75,00 aitJ �ttto'110Y'S fccs of$1,050,00, f'(-)r ,:i tot�il claim Milowit of S34,125.00. Thc City 1-11cd its foreclosol-C of MI-MiCiP111 Heil Complaint in C11-CUit COtlij on 0C,[O'ber 17, 2005. The City 'lziter filed a Motion for Summary Judgment, which has trot yet been heard by the Circuit Courl. Attorney Mitol-I Coasar contacted our office last wecl,, jildicpit'ni, that Ile indicating; iris been rekililul by 4301ty Cherry. Attorney Ccasar requested an abatement, stming the Ile pmporty was brought into compliance soon after the Final Order was entered, but the 1-,_()P0TtY0w1lc1- to notify flio, code J1lspcctoT- to co n ri rn-L the 111-01KIly ViOlatiOTI VV21S ccli,rcckxt Allorricy C'Casar stated that the homeOWIlUCOUld pay S3,000 in abatement, but (JOL',S not ft"Ids- for ally higher abated amount. The legal staff recomillell(IS ac(,L:Pfill�; the sc(l IL'I n"nit of'11e1-. CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #03-4917 municipal corporation PLAINTIFF, FINAL ORDER vs. ASSOCIATES FINANCIAL SERVICES OF AMERICA INC. & BETTY CHERRY DEFENDANTS : ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on April 5, 2004, 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, Associates Financial Services of America Inc. & Betty Cherry, did allow the following code violation to exist at property Defendants own located at 728 S. W. 7 Street, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 19-9 B LOT 21 BLK 6 (#1203 34 0860): 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the property. f' FINAL ORDER #03-4917 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Associates Financial Services of America Inc. & Betty Cherry: (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, Associates Financial Services of America Inc., & Betty Cherry, 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 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: WVV Richard Bettor, QKairperson Notary Seal: Sw r and sub ibed,before me this day of 2004. �f NO ARY PUBLI TATE OF FLORIDA (31008 Richard Bettor is personally known to me. }'"Pr) MY C r��DDI"0 ppy ommiasla+Return to: Patricia Varney, Finance Director � S V M9 kW 10.2007 City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r. FINAL ORDER #03-4917 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Associates Fi ancial Services of America, Inc. & Betty Cherry, this day of , 2004. CERTIFIED MAIL 7002 2030 0003 2169 5253 CODE PNFORCEMOT B ARD CLERK APPROVED A TO FORM AND CORRECTNESS TIM RYAN, S ECIAL CITY A 0RNEY 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 # 03-4917 Municipal corporation PLAINTIFF, FINAL ORDER vs. ASSOCIATES FINANCIAL SERVICES OF AMERICA INC. & BETTY CHERRY 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 Inspector, William Dubisky, on the City's Motion to Confirm Fine held on the 7th of September, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 22"d day of April, 2003, a Final Order in the above captioned case commanding the Defendants, Associates Financial Services of America Inc. & Betty Cherry, to bring the violation specified in said Final Order into compliance on or before the 22"d day of SUPPLEMENTAL ORDER #03-4917 May, 2004, or pay a fine in the amount of$100.00 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: COLLEGE TRACT 19-9 B LOT 21 BLK 6 (#1203 34 0860). 3. That the Defendants, Associates Financial Services of America Inc. & Betty Cherry, 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, Associates Financial Services of America Inc. & Betty Cherry, 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 o?� Day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: 1,1101 ichard Bettor, Chairman Sworn to and subscribed before me this c1(f day ofj4o�- ' 2004, By Richard Bettor, who is personally known to me. NOTARY PUB IC 8TATE OF FLORIDA Return to: Patricia Varney 2 �,,,..,� Glove J Brander Finance Director �,y commissbn o0I87 260 City of Dania Beach Vldf Expires"1o.2001 100 West Dania Beach Blvd. Dania Beach,F1 33004 SUPPLEMENTAL ORDER #03-4917 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Associates Financial Services of America Inc. & Betty Cherry, this day of , 2004. CERTIFIED MAIL # 7002 2030 0003 2169 8582 CODE tNFORCE NT OARD CLERK APPROVE S TO FORM AND CORRECTNESS a TIMOTHY . RYAN, SPECIA CITY ATTORNEY xc: Associates Financial ervices of America Inc. & Betty Cherry 21341 N. W. 2 Ave e, Miami, FI 33169-2114 Certified Mail 7002 2030 0003 2169 8599 Associates Financial Services of America Inc. & Betty Cherry 728 S. W. 7 Street, Dania Beach, FI 33004 Certified Mail 7002 2030 0003 2169 8605 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 zf ( • • FLORIDA June 27, 2003 ASSOCIATES FINANCIAL SERVICES Case Number: 03-00004917 OF AMERICA, INC. & BETTY CHERRY 21441 NW 2 AVE MIAMI, FL 331692114 Location: 728 SW 7 ST Folio: 514203340860 Legal Description: COLLEGE TRACT 19-9 B LOT 21 BLK 6 COLLEGE TRACT 19-9 B LOT 21 BLK 6 Dear ASSOCIATES FINANCIAL SERVICES OF AMERICA INC. & BETTY CHERRY: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by July 11, 2003. 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. Sinc,e,rely, W- 1 I LW-6* WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2167 1486 by SHARIANN PEARSON. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us xc: Associates Financial Services of America Inc. & Betty Cherry 728 SW 7th Street Dania Beach, FL 33004 By Certified Mail# : 7002 2030 0003 2167 1493 CASE, NUM8,E R 0 3-0 0 0 0 4 917 PROPERTY ADDRESS — 728 SW 7 ST -------------------------------------------------------------- VIOLATION: PUBLIC NUISANCE QUANTITY: 1 DESCRIPTION: CH 13, SEC 13-23 DATE: 6/27/03 LOCATION: NARRATIVE Trash, junk, garbage and all other materials stored on property must be removed. ORDINANCE DESCRIPTION : Violation of Chapter 13, Section 13-23 ;Public Nuisance Violation.Property declared a Public Nuisance and must be placed into good condition. ------------------- ------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 6/27/03 LOCATION: NARRATIVE Address must be displayed on the building/house. 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. -------------------------------------------------------------- VIOLATION: CH 8, SEC 8-21 (A) (2) G QUANTITY: 1 DESCRIPTION: CH 8 , SEC 8-21 (A) (2) G DATE: 6/27/03 LOCATION: NARRATIVE All damaged windows and/or doors must be repaired or replaced, including screens and hardware and maintained. A building permit may be required for any replacement . 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 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 mosquitoes or other insects. 18) #03-4917 Associates Financial Services of America & Betty Cherry 728 SW 7 Street Ft. Lauderdale, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Notice was sent by Certified Mail, Certified letters were returned, property was posted, Affidavit of Service is on file; also sent via first class mail. The defendant was first notified of the violation on 6/27/03. This is a violation of Chapter 13, Section 13-23, trash, junk and garbage stored on the property; Chapter 22, Section 22-1, Streets and Sidewalks, building did not have the proper address displayed; Chapter 8, Section 8-21 A2G, repair windows or doors. The other violations have complied except for the Chapter 13 which is still outstanding. Judy Jensen made a motion, to adopt the findings of fact by Code Enforcement Officer William Johnson, move that the violation exists as charged, move that the violator be given 30 days to comply or thereafter a fine of$100.00 per day. The motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Judy Jensen- yes Gary Luedtke -yes Judith Tulacro-yes Richard Bettor-yes 19) 903-5001 Jorge E. & Marina Marrugo 4225 SW 49 Street Ft. Lauderdale, FL Code Inspector Eric Baker, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 22, Section 22-51D, sidewalks, trees must be cut 10 feet over the street and sidewalk; Chapter 14, Section 14-2, junk and abandoned vehicles; Chapter 13, Section 13-23, Public Nuisance; Chapter 8, Article 11, Section 8-21A5A 1&2, paint violation; Chapter 13, Section 13-23, trash and junk. As of today, the property is still in violation of Chapter 22, the tree has to be curt 10 feet over the street; Chapter 14, inoperative vehicle; Chapter 13, sod must be replaced; Chapter 13, junk is still on the property. Chapter 8 has complied. The first contact with the violator was 7/09/03. Chairman Bettor asked if there was anyone representing Jorge E. Marina Marrugo; no one came forward. It was on motion of Gary Luedtke, seconded by Judith Tulacro, that notice was properly served, to adopt the findings of fact of Officer Eric Baker, that the offenders be given 45 days or a fine of$125.00 per day thereafter. The motion carried on the following roll call: David Nuby-yes Judy Jensen- yes Gary Luedtke -yes Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 16 April 5, 2004 stated that this case involves the lady that is legally blind and he is asking to give her an additional 60 days from now. Judy Jensen made a motion to give an additional 60 day extension and the motion was seconded by Gary Luedtke. Attorney Ryan corrected the motion and stated that it would be to 11/7, because that is 60 days from today's date. Judy Jensen corrected her motion to give an additional 60 days to 11/7/04. The motion carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 22) Motion to Confirm Fine - #03-4917 — Associates Financial Services of America- 728 SW 7"' Street Code Inspector William Dubisky having been previously sworn in, came forward and made the following statement. Mr. Dubisky stated that pursuant to the order corrective action was to have been taken on or before May 22, 2004 and at a re- inspection of the property on September 7, 2004 revealed that the corrective action had not been taken and there is still trash and debris remaining on the property. Chairman Bettor asked if there was anyone representing Associates Financial Services of America. No one came forward. Judy Jensen made a motion to confirm the fine. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 23) #04-0111 MaryAnn Demko 4882 SW 44"' Terrace Code Inspector Eric Baker having been previously sworn in, came forward, presented 1 photo and gave testimony regarding the violations. Mr. Baker stated that as of today the property is still in violation of Chapter 39, 2 boats are still on the property. Chairman Bettor asked if there was anyone representing MaryAnn Demko. No one came forward. Gary Luedtke made a motion that notice was properly served, to adopt the findings of fact of Officer Eric Baker and that the offenders are given 30 days or a fine of$50.00 a day thereafter be levied. The motion was seconded by Judy Jensen and carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes "Ferrell McCombs-yes Richard Bettor-yes 24) Motion to Confirm Fine - #03-4607 — Schmitz Family TR Steve Lee Altland Trstee -210 SW 7"' Street Dania Beach Code Board Summary Minutes 14 September 7,2004 24) #04-1135 Nissim Gozlan 5540 N Park Rd Dania Beach, FI Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. This is a motion to confirm fine. This case came before the Board 1 l/l/04 for three violations. The Board issued a final order giving the Defendant 30 days to comply or a fine of$200.00 per day would be levied. There is still a violation of Ch 14 Sec 14-2 there was a compliance date of 12/23/04. Nissim and Aaron Gozlan, 5540 North Park Road, came forward, were sworn in and gave the following testimony. Both stated they had called for reinspection, left messages but no one returned their phone calls. Inspector Dubisky stated complaints are constant on this property. The property has not been in compliance at any time during routine patrols in the area. It was on motion of Jay Hamilton, seconded by Judith Tulacro to adopt the Findings of fact by Mr. Dubisky. 'The violation exists as charged and has continued since 12/23/04 and that the $200 per day fine levied be maintained in effect. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes .lay Hamilton-yes Richard Bettor-yes 25) .Authorization to Foreclose - 403-4607 - Schmitz Family TR - 210 SW 7 St Attorney Tim Ryan explained this case is an authorization to foreclose. It was on motion of .lay Hamilton, seconded by Judith Tulacro to authorize foreclosure on the lien. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes ,lay Hamilton-yes Richard Bettor-yes 26) Authorization to Foreclose #03-4917 Associates Financial Services of America- 728 SW 28 St. Attorney Tim Ryan explained this case is an authorization to foreclose. It was on motion of Jay I-lamilton, seconded by Tim McLeod to authorize foreclosure on the lien. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes .lay Hamilton-yes Richard Bettor-yes 27) Authorization to Foreclose # 02-3248 Palm Beach Polo Holdings 750 NE 7 Ave Dania Beach Code Board Summary Minutes 12 May 9,2005