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Home My WebLink About2006-01-19 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 19, 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 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,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 Schmitz Family Trust/Steve Lee Altland Trustee for consideration of abatement for Case #03-4607, for property located at 210 SW 7ch Street (#1203-06- 0560) 3.2 Request by Alphonso Thomas & Angie R. Freelove (1/2 interest each) for consideration of abatement for CEB01-0115, for property located at 800 Phippen Road (#1203-34-0310) 3.3 Request by Ramgoh Sales, Inc., for consideration of abatement for Case #04-0031, for property located at 4699 SW 451h Terrace (#0125-01-0520) 4. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION ABATEMEMT HEARING THURSDAY, JANUARY 19, 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 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,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. 3. ABATEMENT REQUESTS 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" Avenue (#0234-01-0120) AGENDA REQUEST FORM CITY OF DANIA Date: 11/17/05 Agenda Item #: jo Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Case# 03-4607—Schmitz Family Tr/Steve Lee Altland Trustee—210 S. W. 7 Street. Summary Explanation & Background: This property was originally cited on 1/02/04 for 5 violations and given 10 days to comply. The defendant did not comply and this case was heard by the code board on 2/02/04. The board issued a final order giving the defendant 90 days to comply or a fine of$50.00 per day would be levied. The compliance date was 5/23/04 and they did not comply until 10/10/05. The fine ran from 5/23/04 through 10/10/05, 505 days @ $50.00/day = $25,250.00 plus $100.00 recording fee = $25,350.00 owed. The fine was confirmed on 9/07/04 and foreclosure was authorized on 5/9/05. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $5,000.00. (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 2/02/04 and 9/07/04 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 $5,000.00 because they started working on the property and did not know it was not in compliance. 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 #03-4607 Schmitz Family Tr Steve Lee Altland Trste 210 SW 7 Street DATE: 11/17/05 This was originally heard by the code board on 2/02/04 for 5 violations. A final order was issued giving the defendant 90 days to comply or a fine of $50.00 per day would be levied. The compliance date was 5/23/04 and they did not comply until 10/10/05. The code enforcement board, after hearing testimony on 11/07/05, decided by unanimous vote to recommend abating the lien to $5000.00 because the owner started working on the property and did not know it was not in compliance. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Llaa'4'le414;� Richard ettor, Chairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-4607 municipal corporation PLAINTIFF, FINAL ORDER vs. : SCHMITZ FAMILY TR STEVE LEE ALTLAND TRSTE DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 2, 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, Schmitz Family Tr Steve Lee Altland Trste, did allow the following code violations to exist at property Defendant owns located at 210 S. W. 7 Street, Dania Beach, Florida, which property is legally described as: DANIA HEIGHTS EXT 5-19 B LOT 3 BLIC 5 (# 1203 06 0560): 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the subject property and to mow/cut and maintain weeds and grass. FINAL ORDER #03-4607 PAGE 2 2. Chapter 13, Section 13-26; Weeds and Undergrowth. Failure to clean and remove all accumulated and untended weeds, trees and plant life from the subject property. 3. Chapter 15, Section 15-1. Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain occupational license for business. 4. Chapter 8, Article 11 — Property Standards; Section 8-21(a)(2)(g). Minimum standards for dwellings, hotels and rooming houses. Requirements for ventilation. Failure to repair or replace and maintain all damaged windows and/or doors, including screens and hardware. 5. Chapter 8, Article II — Property Standards, Section 8-21(a)(5)(a), (1). Minimum standards for dwellings, hotels, & rooming houses. Maintenance and appearance standards. Failure to repair/ replace, paint and maintain deteriorated facia boards on the building. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Schmitz Family Tr Steve Lee Altland Trste: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(5). A fine of$50.00 per day will begin running 90 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, Schmitz Family Tr Steve Lee Altland Trste, for the foregoing violations listed in paragraphs b.(1) through b.(5), a fine of $50.00 per day, to begin running 90 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 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4607 PAGE 3 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 o day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard a r, Chairperson Notary Seal: Sworn and subscribed before me this o?3_day of 2004. NO ARY PUB IOC STATE OF FLORIDA Richard Bettor is personally known to me. �r Gods J BW409 My commta W DD187280 EWM MBY 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4607 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Schmitz Family Tr Steve Lee Altland Trste, this day of �d�, 2004. CERTIFIED MAIL 7002 2030 0003 2168 8521 CO ENFO ME T BOARD CLERK APPROVED TO FOR AND CORRECTNESS TIM RYAN, SP CIAL CITY ATT RNEY xc: Schmitz Family Tr, Steve Lee Altland Trste, 775 NW 49 Avenue, Plantation, FI 33317 Certified Mail 7002 2030 0003 2168 8538 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 INSTR#104411999 PREPARED BY: OR BK 38369 Pages 157-161 RECORDED 10/15/0408:15:23 TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 1033 City of Dania Beach #5,5 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 4 day of October, 2004 CITY OF DANIA BEACH By: Patricia Varney Finance Director SCHMITZ FAMILY TR STEVE ALTLAND File: CEB 03-4607 FINAL ORDER 1203-06-0560 ' �/ PREPARED BY: INSTR#104412000 TIMOTHY M. RYAN, ESQ. OR BK 38369 Pages 162-165 RECORDED 1 011 5/04 08:15:23 Special City Attorney BROWARD COUNTY COMMISSION City of Dania Beach DEPUTY CLERK 1033 700 East Dania Beach Boulevard #6.4 Pages Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 4 of October, 2064 day CITY OF DANIA BEACH Patricia Varney Finance Director =ile: CEB 03-4607 SCHMITZ FAMILY TR STEVE ALTLAND SUPP-ORDER/CLAIM OF LIEN 1203-06-0560 n CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-4607 Municipal corporation PLAINTIFF, FINAL ORDER vs. SCHMITZ FAMILY TR STEVE LEE ALTLAND TRSTE 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 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 23`d day of February, 2004, a Final Order in the above captioned case commanding the defendant, Schmitz Family Tr Steve Lee Altland Trste, to bring the violations specified in said Final Order into compliance on or before the 23`d day of May, 2004, or pay a SUPPLEMENTAL ORDER #03-4607 fine in the amount of$50.00 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: DANIA HEIGHTS EXT 5-19 BLOT 3 BLK 5 (# 1203 06 0560). 3. That the Defendant, Schmitz Family Tr Steve Lee Altland Trste, 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, Schmitz Family Tr Steve Lee Altland Trste, 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 RD RED at Dania Beach, Broward County, Florida, this 8 Day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, hairman Sworn to and subscribed before me this Qe day of , 2004, By Richard Bettor, who is personally known to me. 6)z - I-- &g4�, N TARY PYBLIC STATE OF FLORIDA 4Pf" Gloria J Brandes Return to: Patricia Varney 2 M,CommWalon D01972e0 Finance Director pia�� Expires May 10.2007 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #03-4607 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Schmitz Family Tr Steve Lee Altland Trste, this day of_ . 2004. CERTIFIED MAIL# 7002 2030 0003 2169 8551 CO ENFORCFMENT BOARD CLERK APPROVED AS FORM A D CORRECTNESS TIMOTHY M. RYA , SPECIAL ATTORNEY Also sent regular mail 7 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 rek-�Y / °fix s 3r ® 0 / V FL®RIDA t - taw AMMENDED LETTER January 2, 2004 SCHMITZ FAMILY TR Case Number: 03-00004607 STEVE LEE ALTLAND TRSTE 1021 N 17 CT HOLLYWOOD, FL 33020 Location: 210 SW 7 ST Folio: 514203060560 Legal Description: DANIA HEIGHTS EXT 5-19 B LOT 3 BLK 5 DANIA HEIGHTS EXT 5-19 B LOT 3 BLK 5 Dear SCHMITZ FAMILY TR STEVE LEE ALTLAND TRSTE: 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 12, 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 me. Sincerely, Im U-6;..a WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2168 9092 by SHARIANN PEARSON. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us V 1 V LILy l 1.kja 1J 1:'l t'11 1J CASE NUMBER 03-00004607 PROPERTI ADDRESS 210 SW 7 ST -------------------------------------------------------------- VIOLATION: CH 13 , SEC. 13-23 TRASH QUANTITY: 1 DESCRIPTION: CH 13 , SEC. 13-23 TRASH, JUNK DATE: 1/02/04 LOCATION: NARRATIVE Trash, junk, garbage and all other materials stored on property must be removed. Weeds and grass must be mowed/cut and maintained. 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, garbage, and all other materials stored on the property must be removed. -------------------------------------------------------------- VIOLATION: CH 13, SEC. 13-26 WEEDS & QUANTITY: 1 DESCRIPTION: CH 13 , SEC. 13-26 WEEDS & UNDE DATE: 1/02/04 LOCATION: NARRATIVE All accumulation and unattended weeds, trees or plant life must be cleaned and removed from the property. ORDINANCE DESCRIPTION Violation of Chapter 13 , Section 13-26; Weeds and Undergrowth. Property declared a public nuisance and must be placed into good condition. The existence of excessive accumulation of unattended growth of weeds, undergrowth or other dead or living plant life upon any lot, tract or parcel of land within one hundred (100) feet of any improved property within the city to the extent and in the manner that such lot, tract or parcel may adversely affect and/or impair the economic welfare of adjacent properties is hereby prohibited and declared to be a public nuisance. ------------------- ------------------------------------------- VIOLATION: CH. 15, SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1,OCCUPATIONAL DATE: 1/02/04 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: CH. 8, ART. II, SEC. 8-21A2G QUANTITY: 1 DESCRIPTION: CH. 8, ART. II, SEC. 8-21A2G DATE: 1/02/04 LOCATION: NARRATIVE CONTINUED VIOLATION DETAIL CASE NUMBER 03-00004607 PROPERTY ADDRESS 210 SW 7 ST 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 equipped with fully operaable hardware and fitted with screens to protect against mosquitoes or other insects . -------------------------------------------------------------- VIOLATION: CH. 8, ART II, PS, SEC 8-21 QUANTITY: 1 DESCRIPTION: CH 8,ART II, PS, SEC 8-21A5A1 DATE: 1/02/04 LOCATION: NARRATIVE Deteriorated facia boards on the house must be repaired or replaced, painted and maintained. ORDINANCE DESCRIPTION : Violation of Chapter 8, Art . II-Property Standards, Section 8-21 (a) (5) (a) , (1) : Minimum standards for dwellings, hotels, & rooming houses. Maintenance and appearance standards. The exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks . 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 7th 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 44th 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 Terrell McCombs-yes Richard Bettor-yes 24) Motion to Confirm Fine - #03-4607 — Schmitz Family TR Steve Lee Altland Trstee -210 SW 71h Street Dania Beach Code Board Summary Minutes 14 September 7,2004 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 23, 2004 and on a re- inspection of the property on September 7, 2004 revealed that the corrective action had not been taken. He said there isstill miscellaneous trash and debris on the property, property still remains uncut and un-maintained in areas, there is still a section of the facia in a state of disrepair and no occupational license has been issued. Judy Jensen made a motion to confirm the fine. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 25) #04-0163 Shell Oil Company 1916 Stirling Road Code Inspector William Dubisky having been previously sworn in, came forward and made a request to continue the case. Mr. Dubisky stated that all the mail has come back undeliverable as addressed and they are going to make an attempt to try to find a correct address. Gary Luedtke made a motion to continue and the motion 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 26) #04-0205 Edward & Mariela Articolo 4720 SW 43rd Avenue Code Inspector Eric Baker having been previously sworn in, came forward and made a request to continue the case. David Nuby made a motion and it was seconded by Gary Luedtke. Chairman Bettor asked Mr. Baker if he wanted 30 days. Mr. Baker stated to continue the case until the next meeting. The motion was amended to continue 30 days and carried on the following roll call: David Nuby-yes Judy Jensen-yes Gary Luedtke-yes Terrell McCombs-yes Richard Bettor-yes 27) #04-0216 Equitable Life Assurance Soc US % CB Richard Ellis 2300 Stirling Road Parcel A Dania Beach Code Board Summary Minutes 15 September 7,2004 11) #03-4607 Schmitz Family Tr. Steve Lee Altland Trste 210 SW 7 Street Dania Beach, FL Code Inspector William Dubisky, 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 was a violation of Chapter 13, Section 13-23, Public Nuisance, trash, weeds, grass; Chapter 13, Section 13-26, weeds and undergrowth excessive accumulation of dead or living plant life; Chapter 15, Section 15-1, Occupational License required for rental property; Chapter 8, Article I1, Section 8-21 A2G, window and door violation; and Chapter 8, Article I1, Property Standards, deterioration of facia boards. As of today, the property is still in violation of Chapter 13, 13-23, Public Nuisance, there is still miscellaneous trash and debris on the property; Chapter 13, 13-26, there is still excessive accumulation of dead plant life; Chapter 15, no Occupational License has been obtained; Chapter 8, several areas are still missing windows; Chapter 8, the facia boards have not been replaced. Mr. Dubisky submitted seven photos. The first contact with the violator was 1/02/03. Chairman Bettor asked if there was anyone representing Schmitz Family Tr. Steven Altland, 775 NW 49 Avenue, Plantation, FL 33317, came forward and was sworn in. Chairman Bettor asked Mr. Altland to identify the photos of his property. Mr. Altland said they are of the property. Mr. Altland said that he could take care of the violations, but he is not sure of how long it would take to fix the door and window. He asked for 60 days. Tim McLeod made a motion to give the respondent 90 days or a fine of $50.00 per day. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod-yes Judy Jensen-no Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes Mr. Altland asked for future city mailings to be sent to his address. It was verified that his address of 775 NW 49 Avenue, Plantation, FL 33317 is his current mailing address. 12) #03-4906 Elihue Brown '/Z Int. Ea. Julia Mae Brown 253 SW 6 Street Dania Beach, FL Code Inspector William Dubisky, 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 was a violation of Chapter 13, Section 13-23, Public Nuisance, trash, garbage and miscellaneous debris; Chapter 8, Article I1, Section Dania Beach Code Board Summary Minutes 7 February 2,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 11/17/05 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for CEB01-0115—Alphonso Thomas &Angie R. Freelove 'h Int Ea. —800 Phippen Road. Summary Explanation & Background: This property was originally cited on 5/15/01 for 4 violations and given 14 days to comply. The defendants did not comply and were heard by the code board on 7/02/01. The code board issued a final order giving the defendants 30 days to comply or a fine of$70.00 per day would be levied. The compliance date was 8/10/01 and the defendants did not comply until 1/10/05. The fine ran from 8/10/01 to 1/10/05, 1,249 days @ $70.00/day = $87,430.00 plus$100.00 recording fee = $87,530.00 owed. The code board confirmed the fine on 4/1/02 and authorized foreclosure on 9/06/05. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $27,000.00 because of the condition of the property now. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 7/02/01, 4/01/02, 9/06/05 and 10/03/05 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 abatement to $27,000.00 because of the condition the property is in now. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE.MEMORANDUM CITY OF DANIA BEACH IMF TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # CEB01-0115 Alphonso Thomas & Angie R. Freelove 800 S. Phippen Road DATE: November 17, 2005 This was originally heard by the code board on 7/02/03 for 4 violations. A final order was issued giving the defendants 30 days to comply or a fine of $70.00 per day would be levied. The compliance date was 8/10/01 and they did not comply until 1/10/05. The code enforcement board, after hearing testimony on 10/03/05, decided by unanimous vote to recommend abating the lien to $27,000.00 because of the condition of the property now. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bett airman RB/gb INSTR#101903383 OR BK 33141 Pages 815-819 RECORDED 0511610212:45:09 PREPARED BY: BROWARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 1016 Special City Attorney #18 City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 2 day of May, 2002 CITY OF DANIA BEACH By: DAVID E. KELLER Finance Director I ' i File: CEB 01.0115 FINAL ORDER i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0115 municipal corporation PLAINTIFF, FINAL ORDER vs. ALPHONSO THOMAS & ANGIE R. FREELOVE '/2 INT EA DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on July 2, 2001, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the defendants and the subject matter of this action; i and b. Defendants, Alphonso Thomas & Angie R. Freelove, did allow the following code violations to exist at property defendants own located at 800 Phippen Road, Dania Beach, florida, which property is legally described as: COLLEGE TRACT 19-9 B LOT 9 BLK 3 (# 1203 34 0310): FINAL ORDER CEB01-0115 PAGE 2 1. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(4)(f). Minimum standards for dwellings, hotels, and rooming houses. General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to replace or remove fence which is in disrepair and falling down. 2. Chapter 13, Section 13-23; Public Nuisance. Failure to remove trash, junk, garbage and all other materials stored on the property. 3. Chapter 22; Streets and Sidewalks; Section 22-5 (i) d. Failure to trim vegetation overhanging sidewalk so as to have clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Alphonso Thomas and Angie R. Freelove: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of $70.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from defendants, Alphonso Thomas and Angie R. Freelove, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $70.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the i property and notify the Code Enforcement Board whether defendants have complied. { Said fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendants. Return to: David E.Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB01-0115 PAGE 3 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and anQen satisfaction. ORDERED at Dania Beach, Broward County, Florida, this //— day of 2001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By. Richard Bettor, C airperson Sworn and subscribed before me this 11 day of��2001. �o NOTA Y PUBLIC VATt OF FLORIDA Richard Bettor is personally known to me. ►l�tY Y . SPRY PUe4 GLOVAAJBRINCES OOMM SS10N NUMBER n CCO Q MY OOMMSSM fiXPMS OF f4� MAY 10 2003 I Return to: David E.Keller,Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB01-0115 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Alphonso Thomas and Angie R. Freelove, this // day of 2001. CERTIFIED MAIL 7001 0360 0002 7730 6116 CODE E FORCEM T BOARD CLERK APPROVED A TO FORM AND'CORRECTNESS TIM RYAN, SPECIAL CITY ATTOR Y I Also sent first class mail .i Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 l I INSTR#101903384 OR BK 33141 Pages 820-823 PREPARED BY: RECORDED 0511610212-45:09 TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 1016 #19 City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director .City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 2 day of May. 2002 CITY OF DANIA BEACH By DAVID E. KELLER Finance Director File: CEB 01�0115 SUPP.ORDERICLAIM OF LIEN CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0115 Municipal corporation PLAINTIFF, FINAL ORDER vs. i ALPHONSO THOMAS & ANGIE R. FREELOVE '/2 INTER EA DEFENDANTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer William Dubisky on the City's Motion to Confirm Fine held on the Vt day of April, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 11th day of July, 2001, a Final Order in the above captioned case commanding the defendants, Alphonso Thomas SUPPLEMENTAL ORDER CEBO I-0115 & Angie R. Freelove 1/2 Int Ea, to bring the violations specified in said Final Order into compliance on or before the 10th day of August, 2001, or pay a fine in the amount of$70.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COLLEGE TRACT 19-9 B LOT 9 BLK 3 (# 1203 34 0310). 3. That the Defendants, Alphonso Thomas & Angie R. Freelove 1/z Int Ea, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendants, Alphonso Thomas & Angie R. Freelove Y2 Int Ea, shall comply with said Final Order. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendants. DONE AND RDERED at Dania Beach, Broward County, Florida, this a� Day of , 2002. DANIA BEACH CODE ENFORCEMENT BOARD By: I/'ll i ichard Bettor, Chairman i Sworn to and subscribed before me this Z day of , 2002 By Richard Bettor, who is personally known to me. NOTARY PUBL TATE OF FLORIDA Return to: David E. Keller, Finance Director 2 100 West Dania Beach Blvd. o�,av a�a�� *71A qDania Beach,FI 33004 cSCAEqyre�Ffl0� MY CIRES SUPPLEMENTAL ORDER CEBO1-0115 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Alphonso Thomas &Angie R. Freelove 1/z Int Ea, this day of , 2002. CERTIFIED MAIL #7001 1940 0002 6629 8917 CODE NFORCE NT OARD CLERK APPROVE AS TO F RIM AND CORRECTNESS TIMOTHY M. RYAN, SPE IAL CITY ATTORNEY Also sent regular mail i 1 Return to: David E. Keller,Finance Director 3 100 West Dania Beach Blvd. Dania Beach,Fl 33004 t i ad 0 FLORIDA 01 May 15, 2001 ALPHONSO THOMAS 1/2 INT EA Case Number: 0-956 ANGIE R. FREELOVE 802 S PHIPPEN ROAD DANIA BEACH, FL 33004 Location: 800 PHIPPEN RD Folio: 5142-03-34-0310- Legal Description: COLLEGE TRACT 19-9 BLOT 9 BLK 3 Dear ALPHONSO THOMAS 1/2 INT EA ANGIE R. FREELOVE: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violations) and call for a re-inspection by 5/29/01 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, Uj ' a t� k4l WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7000 1670 0005 5713 8200 by BETH DAGNON. VIOLATION DETAIL PAGE 1 '.SE 'NUMBER 00-00000956 PROPERTY ADDRESS 800 PHIPPEN RD -- ------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 CH 22, SEC 22-1 DATE: 5/15/01 ORDINANCE DESCRIPTION CH 22, SEC 22-1 The city building official is vested with authority to require the owner of any building in the city to display the correct street number upon such building. CORRECTIVE ACTION REQUIRED : All buildings in the city must display the correct street number upon such building. Address must be displayed on the building/house . ---------------------------------------------- VIOLATION: CH 22, SEC 22-5 (I) D QUANTITY: 1 CH 22 , SEC 22-5 (I) D DATE: 5/15/01 ORDINANCE DESCRIPTION : CH 22, SEC 22-5 (i) d All trees shall be kept trimmed by the abutting property owner or tenant and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference . CORRECTIVE ACTION REQUIRED : All vegetation over sidewalks and streets must be cut or trimmed. ------------------------------------------------ -------------- . VIOLATION: CH. 8,ART II, SEC 8-214F QUANTITY: 1 CH 8,ART II, PS, SEC 8-21 (4) (F) DATE: 5/15/01 ORDINANCE DESCRIPTION : CH 8, ART II, PROPERTY STANDARDS, SEC 8-21 (4) (F) General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units. Every accessory structure shall be kept in a clean and sanitary condition, free from rodants, vermin and infestations . Fences, garden walls and similar enclosures shall be maintained in a good state of repair. CORRECTIVE ACTION REQUIRED : Fences shall be maintained in a good state of repair. Fence must be replaced or removed. A permit will be required for replacement . ---------------------------------- ------------------ VIOLATION: PUBLIC NUISANCES QUANTITY: 1 CH 13 , SEC 13-23 DATE: 5/15/01 ORDINANCE DESCRIPTION VIOLATION DETAIL PAGE 2 ,6E •NUMBER 00-00000956 1ROPERTY ADDRESS 800 PHIPPEN RD ORDINANCE DESCRIPTION CH 13 , SEC 13-23 Any premises within the city which shall be maintained by the owner without complying with the provisions of this article, hereby are declared to be public nuisances; and it shall be the duty of the city manager to inspect the premises within the city, and whenever, in his discretion, he shall find or locate premises, the owners of which are not complying with the provisions of this article, he shall notify the owner to promptly place the premises in good condition, and to comply with the terms hereof . CORRECTIVE ACTION REQUIRED : Property declared a public nuisance and must be placed into good condition. Trash, junk, garbage and all other materials stored on the property must be removed. i 23. Motion to Confirm Fine — Case # 04 — 1545 — Donell & Michelle Peterman — 608 W. Dania Beach Blvd Code Inspector Eric Baker, having been previously sworn in, came forward, and stated that reinspection of the property on 9/6/05 revealed that corrective action has not been taken and that the property is still in violation of Ch.28, paint violation. Chairman Bettor asked if there was anyone present to represent Donell & Michelle Peterman. No one came forward. Judy Jensen made a motion to confirm the fine and was seconded by Terrell McCombs. The motion carried on the following roll call: David Nuby-yes Tim McLeod- no (absent for vote) Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 24. Authorization to Foreclose — Case # CEB01-0115 — Alphonso Thomas & Angie R. Freelove—800 Phippen Road Attorney Tim Ryan stated that the property was in a foreclosure and the City filed a notice of lien in answer to our defenses. Before it went to foreclosure an investor bought it. The city now wants to have the authorization to file an independent foreclosure. Judy Jensen made a motion to approve authorization to foreclose and was seconded by David Nuby. The motion carried on the following roll call: David Nuby-yes Tim McLeod- no (absent for vote) Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 25. Case# 04— 1735 Richard L Bulow Tr 4100 Ravenswood Road Dania Beach, FL Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and requested a continuance until the next meeting. Tim McLeod made a motion to continue the case to the next meeting and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes . 26. Case# 05-627 Ultimate Carwash Inc 321 S Federal highway Dania Beach, FL Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came forward and stated that the property is still in violation of Ch.28.190, non- Dania Beach Code Board Summary Minutes 12 September 6,2005 20. Motion to Confirm Fine — CEB01-0115-Alphonso Thomas & Angie R. Freelove—800 S. Phippen Road Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the Board's Order, corrective action was to have been taken on or before 8/10/01. A reinspection of the property on 4/01/02 revealed the corrective action had not been taken in that the fence remains in violation and trash and a piece of carpet remain on the property. The Affidavit of Noncompliance is on file. It was on motion of Beulah Lair, seconded by Judy Jensen to confirm the fine. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman— yes Gary Luedtke—yes Beulah Lair- yes Judith Tulacro—yes Richard Bettor—yes 21. Motion to Confirm Fine—CEB01-0112-Julio Rosario-251 SW 8 Street Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the Board's Order, corrective action was to have.been taken on or before 8/10/01. A reinspection of the property on 2/02/02 revealed the corrective action been taken on that date and the property was complied. It was on motion of Beulah Lair, seconded by Jimmy Peterman, to confirm the fine. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro—yes Richard Bettor—yes 22. Motion to Confirm Fine — CEB01-0152-Brian R. Mathiasen-4761 SW 26 Terrace Code Inspector Frank Osorio, having been previously sworn in, came forward and had the following testimony. Pursuant to the Board's Order, corrective action was to have been taken on or before 10/25/01. A reinspection of the property on 4/01/02 revealed the corrective action had not been taken in that a vehicle remains on the property with an expired tag. It was on motion of Beulah Lair, seconded by Tim McLeod to confirm the fine. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro —yes Richard Bettor—yes 23. Motion to Confirm Fine—CEB01-0095-Gary W. Forbus-325 NE 2 Avenue Code Inspector Eric Baker, having been previously sworn in, came forward and had the following testimony. Pursuant to the Board's Order, corrective action was Dania Beach Code Board Summary Minutes 13 April 1,2002 11. CEBO1-0109 A & Evelyn Williams 355 Phippen Road Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said the violations are located at 355 Phippen Road. Notice was obtained by Certified Mail, first class mail, and by posting the property; the Affidavit of Service is on file. This property is in violation of Chapter 14, Section 14-2, Abandoned Vehicles; Chapter 22, Section 22-1, Building numbers required; Chapter 8, Section 8-21 (a)(2)(g), Property Standards, window and door violation; Chapter 8, Section 8-21 (a)(5)(a), (1)&(2), paint violation; Chapter 13, Section 13-23, Public Nuisance, trash and debris on the property and trees/hedges require cutting on the property. As of today, the property is still in violation of Chapter 22, Section 22-1, building numbers still not displayed on the building; Chapter 8, Section 8-21 (a)(2)(g), Property Standards, window remain broken and without screens; Chapter 8, Section 8-21 (a)(5)(a), (1)&(2), the building has not been painted; the Chapter 14 and Chapter 13 violations have complied. Four photos were given to the Board. Mr. Dubisky said he first contacted the property on 4/19/01. Leotis Williams, the son of Evelyn and Alonso Williams, was sworn in. Mr. Williams said his parents are elderly and he is there to represent them. Mr. Williams identified the photos as being of the property and gave testimony about the violations. Mr. Williams requested 60 days to comply. Ken Williams, the grandson of the defendants, was sworn in. Mr. Ken Williams gave testimony about the building. It was on motion of Judy Jensen, seconded by Beulah Lair, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violations exist as charged, move the violators be given 60 days to comply thereafter a fine of $30.00 per day be levied. The motion carried on the following roll call: Judy Jensen-yes Gary Luedtke-yes Cynthia Wilkins-yes Peggy Breeschoten-yes Beulah Lair-yes Richard Bettor-yes 12. CEB01-0115 Alphonso Thomas '/2 Int Ea Angie R. Freelove 800 Phippen Road Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said the violations are located at 800 Phippen Road. 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 22, Section 22-1, building numbers required; Chapter 22, Section 22-5(i)(d), vegetation over sidewalk; Chapter 8, Section 8-21(4)(f), Property Standards, a fence violation; Chapter 13, Section 13-23, Public Nuisance, trash on the property. As of today, the property is still in violation of Chapter 22, the trees are still in violation over the sidewalk, the trees need to be cut to a minimum of 8 foot clearance for pedestrian traffic; Chapter .8, the fence has not been replaced or removed; Chapter 13, Public Nuisance, there is still trash and debris remaining on the property; the Chapter 22, Section 22-1, Building numbers has complied. Dania Beach Code Enforcement Board Minutes 4 July 2,2001 Four photos were given to the Board. Mr. Dubisky said the first contact with the property was on May 15, 2001. Alphonso Thomas came forward and was sworn in. Mr. Thomas identified the photos as being of the property. Mr. Thomas gave his testimony and asked for 30 days to clean the property. It was on motion of Gary Luedtke, seconded by Peggy Breeschoten, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violations exist, move the violator be given 30 days to comply or a fine of$70.00 per day be levied. The motion carried on the following roll call: Judy Jensen—yes Gary Luedtke—yes Cynthia Wilkins —yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 13. CEBO1-0110 Ron B. Smith 614 SW 2 Avenue Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said the violations are located at 614 SW 2 Avenue. 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 8, Section 8-21 (a)(5)(a)3, Minimum Standards, parking area violation; Chapter 8, Section 8-21(4)(f), General Requirements, a fence violation; Chapter 8, Section 8-21(a)(5)(a), (1)&(2), paint violation. As of today, the property is still in violation of Chapter 8, Section 8-21(4)(f), shed doors remain in a state of disrepair and need to be replaced; the Chapter 8, parking area violation has complied, the Chapter 8, paint violation has complied, and the Chapter 8, fence violation has complied. One photo was given to the Board. Ron Smith came forward and was sworn in. Mr. Smith identified the photo as being of the property. Mr. Smith requested 30 days to comply. It was on motion of Peggy Breeschoten, seconded by Beulah Lair, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violations exist, move the violator be given 30 days to comply or a fine of$50.00 per day be levied. The motion carried on the following roll call: Judy Jensen—yes Gary Luedtke—yes Cynthia Wilkins—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 14. CEBO1-0121 Earl G. Mizell 518 W Dania Beach Blvd Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward. Mr. Baker said the violation is located at 518 W. Dania Beach Blvd. Service was obtained by Certified Mail, by regular mail, and by posting the property; the Affidavit of Service is on file. This is a violation of Chapter 8, Section 8-21 (a)(5)(a), (1)&(2), paint violation. As of today, the property is still in violation of Chapter 8, the building needs painting. Two photos were given to the Board. Mr. Baker said the first contact with the property was May 1, 2001. Alma Mizell, the widow of Earl Mizell, came forward and was sworn in. Mrs. Mizell identified the photos as being of the property. Mrs. Mizell gave testimony Dania Beach Code Enforcement Board Minutes 5 July 2,2001 AGENDA REQUEST FORM CITY OF DANIA Date: 1/19/06 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Ramgoh Sales Inc. -#04-0031 —4699 SW 45 Terrace Summary Explanation & Background: This property was originally cited on 1/13/04 for 13 violations and given 30 days to comply. They did not comply and were taken before the code board on 7/06/04. The board issued a final order giving the defendant 60 days to comply or a fine of$200.00 per day. The compliance date was 9/25/04. The defendant came back before the board on 10/04/04 and was granted an extension of time until 12/24/04. On January 3, 2005, they were granted an additional 60 days (from 12/24/05) to comply, making the compliance date 2/22/05. They did not comply until 8/09/05. The fine ran from 2/22/05 to 8/09/05, 168 days @$200.00/day = $33,793.50, plus $193.50 recording fee = $33,987.00 owed. The fine was confirmed on 6/06/05 and the code board authorized foreclosure 12/05/05. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $10,000.00. (2) Copy of the Final Order and Supplemental Orders issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 7/06/04, 10/04/04, and 1/03/05, code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Office Supervisor Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating to $10,000.00 based upon the defendant's defense that they were having difficulty with tenants, had to evict some of the tenants, they had to apply for permits to do some of the work and delays in getting permits issued which slowed down the progress on complying. 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 # 04-0031 Ramgoh Sales Inc. 4699 SW 45 Terrace DATE: January 5, 2006 This was originally heard by the code board on 7/06/04 for 13 violations. A final order was issued giving the defendant 60 days to comply or a fine of $200.00 per day would be levied. The compliance date was 9/25/04. The board two extensions of time for a total of 150 days, making the final compliance date 2/22/05. They did not comply until 8/09/05. The code enforcement board, after hearing testimony on 1/04/06, decided by majority vote to recommend abating the lien to $10,000.00 based upon the defendant's defense that they were having difficulty with tenants, they had to evict some of the tenants, they had to apply for permits to do some of the work, and delays in getting the permits issued which slowed down the progress on complying. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-0031 municipal corporation PLAINTIFF, FINAL ORDER VS. RAMGOH SALES CO INC. DEFENDANT ; ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on July 6, 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, Ramgoh Sales Co Inc., did allow the following code violations to exist at property Defendant owns located at 4699 S. W. 45 Terrace, Dania Beach, Florida, which property is legally described as: NEWMANS SURVEY 2-26 D 25-50-41 TRACT 29 LYING E OF ST RD LESS S 525 & LESS THAT PART AS DESC IN OR 2930/28 ALSO LESS PORTION LYING WITHIN LIMITS OF CITY OF HOLLYWOOD (#0125 01 0520): 1. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a)(1)&(2); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance FINAL ORDER #04-t0031 PAGE 2 standards. Failure to pressure clean, paint and maintain buildings on subject property. Buildings are discolored and have mildew on siding. 2. Chapter 8, Article II — Property Standards; Section 8-21(a)(2)(g). Minimum standards for dwellings, hotels and rooming houses. Requirements for ventilation. Failure to repair or replace and maintain all damaged windows and/or doors, including screens and hardware. 3. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a), (1); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to replace soffit screens that are deteriorated and rotted and to repair, replace and maintain holes and deteriorated siding on dwellings on the subject property. 4. Chapter 8, Buildings, Article II — Property Standards, Section 8-21 (4)(f). Minimum standards for dwellings, hotels and rooming houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fences on subject property that are in disrepair and falling down. 5. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(a)(5)a1. Minimum maintenance and appearance standards for dwellings, hotels and rooming houses. Screen enclosure(s) on subject property are in a state of disrepair. Failure to replace all damaged screening. 6. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the subject property and to trim/mow/cut and maintain trees, shrubs, weeds and grass. 7. Chapter 14, Section 14-2; Junked and abandoned vehicles. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. 8. Chapter 15, Section 15-1, Occupational License. The subject property is leased, rental income and/or multi living property. Failure to obtain an occupational license for business. 9. Chapter 22, Streets and Sidewalks; Section 22-1. Buildings to be numbered. Failure to place address(es) upon such building(s). Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER #04-0031 PAGE 3 10. Chapter 25, Division 6, Commercial Vehicles; Section 25-120. Commercial vehicle shall mean any vehicle designed or used, or maintained primarily for the transportation of property and/or persons for hire, including but not limited to tractors, trailers, or any part thereof; wreckers, tow trucks, or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function, any vehicle commonly recognized as a commercial vehicle or any vehicle which contains advertising markings in excess of three (3) square feet per side or per vehicle top. Defendant did park or allowed to be parked, commercial vehicles on the subject property. Failure to remove all commercial vehicles from the property. 11. Chapter 39, Broward County Zoning Code, Article X1X Mobile Home Zoned Districts, Section 39-322(I) (2) &(4). Recreational vehicles and. boats. Residents' may store one boat and one recreational vehicle at their residence provided: all boats over 12 feet must be on a currently licensed boat trailer and no boat or recreational vehicle shall be stored within a required parking space. Defendant did park/store or allowed to be parked/stored recreational vehicles and boats in excess of one per residence. Failure to remove, or cause to be removed, all recreational vehicles and boats in excess of one per residence. 12. Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275(10), Repair and maintenance of vehicles. Only minor repairs limited to tire, battery, spark plug or oil may be performed in residential zoned districts. Defendant did perform, or allowed to be performed, repair work beyond the scope of minor repairs. Failure to cease repair work, or cause repair work to be stopped, and remove, or have removed, all auto parts from the subject property. ` 13. Florida Building Code 104.1, Permits Required. Defendant did install, or allowed to be installed, siding on mobile living unit without permit. Failure to obtain permit for installation of siding on mobile living unit on subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Ramgoh Sales Co Inc. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 4 (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through (b.(13). A fine of $200.00 per day will begin running 60 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Ramgoh Sales Co. Inc., for the foregoing violations listed in paragraphs b.(1) through b.(13), a fine of $200.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. 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 d27 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD Richard B r, alrperson Notary S eal: Sworn and subsc 'bed efore me this ,j day of 2004. 0- Ak4�,h-,7 NOTARY PUBLIQ%TAftE OF FLORIDA Richard Bettor is personally known to me. Return to: Patricia Varney, Finance Director City of Dania Beach �� cionsJ Brandea 100 W. Dania Beach Blvd. Commfeslon Do1e7290 Dania Beach, FL 33004 �i,,, expuea May 10,2007 FINAL_ ORDER #04-0031 PAGE 5 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Ramgoh Sales Co Inc, this day of 2004. CERTIFIED MAIL 7002 2030 0003 2169 6342 CODE NFORCEM T B ARD CLERK APPROVED O FORM D CORRECTNESS V TIM RYAN, SP CIAL CITY ATT RN✓EY Also sent first class mail Return to: Patricia Varney,Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 PREPARED BY: ;NSTR#105205942 OR RK 40130 Pages 1254-1259 TIMOTHY M. RYAN, ESQ. R CCRDED 07/22/05 08:46:59 Special City Attorney 5,-,0•-A1ARD COUNTY COMMISSION DEPUTY CLERK 1032 City of Dania Beach #5,6 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 5 day of July, 2005 CITY OF DANIA BEACH Patricia Varney `; Finance Director RAMGOH SALES CO. INC. CEB/CASE# 04-0031 FINAL ORDER 0125-01-0520 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-0031 municipal corporation PLAINTIFF, FINAL ORDER vs. RAMGOH SALES CO INC. DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 4, 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. At a Formal Hearing on July 6, 2004, the Code Enforcement Board determined that Defendant, Ramgoh Sales Co. Inc., did allow the following code violations to exist at property Defendant owns located at 4699 S. W. 45 Terrace, Dania Beach, Florida, which property is legally described as: NEWMANS SURVEY 2-26 D 25-50-41 TRACT 29 LYING E OF ST RD LESS S 525 & LESS THAT PART AS DESC IN OR 2930/28 ALSO LESS PORTION LYING WITHIN LIMITS OF CITY OF HOLLYWOOD (# 0125 01 0520) : FINAL ORDER #04-0031 PAGE 2 1. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a)(1)&(2); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to pressure clean, paint and maintain buildings on subject property. Buildings are discolored and have mildew on siding. 2. Chapter 8, Article II — Property Standards; Section 8-21(a)(2)(g). Minimum standards for dwellings, hotels and rooming houses. Requirements for ventilation. Failure to repair or replace and maintain all damaged windows and/or doors, including screens and hardware. 3. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a), (1); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to replace soffit screens that are deteriorated and rotted and to repair, replace and maintain holes and deteriorated siding on dwellings on the subject property. 4. Chapter 8, Buildings, Article II — Property Standards, Section 8-21 (4)(f). Minimum standards for dwellings, hotels and rooming houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fences on subject property that are in disrepair and falling down. 5. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(a)(5)a1. Minimum maintenance and appearance standards for dwellings, hotels and rooming houses. Screen enclosure(s) on subject property are in a state of disrepair. Failure to replace all damaged screening. 6. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the subject property and to trim/mow/cut and maintain trees, shrubs, weeds and grass. 7. Chapter 14, Section 14-2; Junked and abandoned vehicles. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. 8. Chapter 15, Section 15-1, Occupational License. The subject property is leased, rental income and/or multi living property. Failure to obtain an occupational license for business. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 3 9. Chapter 22, Streets and Sidewalks; Section 22-1. Buildings to be numbered. Failure to place address(es) upon such building(s). 10. Chapter 25, Division 6, Commercial Vehicles; Section 25-120. Commercial vehicle shall mean any vehicle designed or used, or maintained primarily for the transportation of property and/or persons for hire, including but not limited to tractors, trailers, or any part thereof; wreckers, tow trucks, or other vehicles equipped with a hoist or other mechanical equipment ,designed to perform a similar function, any vehicle commonly recognized as a commercial vehicle or any vehicle which contains advertising markings in excess of three (3) square feet per side or per vehicle top. Defendant did park or allowed to be parked, commercial vehicles on the subject property. Failure to remove all commercial vehicles from the property. 11. Chapter 39, Broward County Zoning Code, Article X1X Mobile Home Zoned Districts, Section 39-322(I) (2) &(4). Recreational vehicles and boats. Residents may store one boat and one recreational vehicle at their residence provided: all boats over 12 feet must be on a currently licensed boat trailer and no boat or recreational vehicle shall be stored within a required parking space. Defendant did park/store or allowed to be parked/stored recreational vehicles and boats in excess of one per residence. Failure to remove, or cause to be removed, all recreational vehicles and boats in excess of one per residence. 12. Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275(10), Repair and maintenance of vehicles. Only minor repairs limited to tire, battery, spark plug or oil may be performed in residential zoned districts. Defendant did perform, or allowed to be performed, repair work beyond the scope of minor repairs. Failure to cease repair work, or cause repair work to be stopped, and remove, or have removed, all auto parts from the subject property. 13. Florida Building Code 104.1, Permits Required. Defendant did install, or allowed to be installed, siding on mobile living unit without permit. Failure to obtain permit for installation of siding on mobile living unit on subject property. Return to: Patricia Varney,Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 4 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Ramgoh Sales Co Inc : (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(13). A fine of $200.00 per day was scheduled to begin running 60 days from the date this order was signed by the Chairperson of the Board. The original order was signed on July 27, 2004. (b) At the Formal Hearing on October 4, 2004, the City of Dania Beach Code Enforcement Board has granted Defendant' request for extension on imposition of the fine until December 24, 2004. (c) Except as expressly amended herein this board's order in this case signed July 27, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this day of 0 k&-x, , 2004. DANIA BEACH CODE ENFORCE ENT BOARD Notary Seal: By: Richard Bettor, Chairperson Sworn and subscribed before me this day of 2004. 2004. NOT RY PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. P Gloria J Bmndo MM CommW-gm DD181260 ExPlres MV 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 5 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Ramgoh Sales Co Inc, this D day of K,'?,4h,- 2004. CERTIFIED MAIL 7003 3110 0000 8260 1778 COD ENFORC ENT BOARD CLERK APPROVED A TO FO AND CORRECTNESS TIM RYAN, PECIAL Cl 1Y ATTORNEY 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 #04-0031 municipal corporation PLAINTIFF, FINAL ORDER vs. RAMGOH SALES CO INC. DEFENDANT SECOND SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 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. At a Formal Hearing on July 6, 2004, the Code Enforcement Board determined that Defendant, Ramgoh Sales Co Inc., did allow the following code violations to exist at property Defendant owns located at 4699 S. W. 45 Terrace, Dania Beach, Florida, which property is legally described as: NEWMANS SURVEY 2-26 D 25-50-41 TRACT 29 LYING E OF ST RD LESS S 525 & LESS THAT PART AS DESC IN OR 2930/28 FINAL ORDER #04-0031 PAGE 2 ALSO LESS PORTION LYING WITHIN LIMITS OF CITY OF HOLLYWOOD (# 0125 01 0520) : 1. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a)(1)&(2); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to pressure clean, paint and maintain buildings on subject property. Buildings are discolored and have mildew on siding. 2. Chapter 8, Article II — Property Standards; Section 8-21(a)(2)(g). Minimum standards for dwellings, hotels and rooming houses. Requirements for ventilation. Failure to repair or replace and maintain all damaged windows and/or doors, including screens and hardware. 3. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a), (1); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to replace soffit screens that are deteriorated and rotted and to repair, replace and maintain holes and deteriorated siding on dwellings on the subject property. 4. Chapter 8, Buildings, Article II — Property Standards, Section 8-21 (4)(f). Minimum standards for dwellings, hotels and rooming houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fences on subject property that are in disrepair and falling down. 5. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(a)(5)a1. Minimum maintenance and appearance standards for dwellings, hotels and rooming houses. Screen enclosure(s) on subject property are in a state of disrepair. Failure to replace all damaged screening. 6. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the subject property and to trim/mow/cut and maintain trees, shrubs, weeds and grass. 7. Chapter 14, Section 14-2; Junked and abandoned vehicles. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 3 8. Chapter 15, Section 15-1, Occupational License. The subject property is leased, rental income and/or multi living property. Failure to obtain an occupational license for business. 9. Chapter 22, Streets and Sidewalks; Section 22-1. Buildings to be numbered. Failure to place address(es) upon such building(s). 10. Chapter 25, Division 6, Commercial Vehicles; Section 25-120. Commercial vehicle shall mean any vehicle designed or used, or maintained primarily for the transportation of property and/or persons for hire, including but not limited to tractors, trailers, or any part thereof; wreckers, tow trucks, or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function, any vehicle commonly recognized as a commercial vehicle or any vehicle which contains advertising markings in excess of three (3) square feet per side or per vehicle top. Defendant did park or allowed to be parked, commercial vehicles on the subject property. Failure to remove all commercial vehicles from the property. 11. Chapter 39, Broward County Zoning Code, Article X1X Mobile Home Zoned Districts, Section 39-322(I) (2) &(4). Recreational vehicles and boats. Residents may store one boat and one recreational vehicle at their residence provided: all boats over 12 feet must be on a currently licensed boat trailer and no boat or recreational vehicle shall be stored within a required parking space. Defendant did park/store or allowed to be parked/stored recreational vehicles and boats in excess of one per residence. Failure to remove, or cause to be removed, all recreational vehicles and boats in excess of one per residence. 12. Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275(10), Repair and maintenance of vehicles. Only minor repairs limited to tire, battery, spark plug or oil may be performed in residential zoned districts. Defendant did perform, or allowed to be performed, repair work beyond the scope of minor repairs. Failure to cease repair work, or cause repair work to be stopped, and remove, or have removed, all auto parts from the subject property. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 4 13. Florida Building Code 104.1, Permits Required. Defendant did install, or allowed to be installed, siding on mobile living unit without permit. Failure to obtain permit for installation of siding on mobile living unit on subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Ramgoh Sales Co Inc.: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(13). A fine of $200.00 per day was scheduled to begin running 60 days from the date this order was signed by the Chairperson of the Board. The original order was signed on July 27, 2004. (b) At the Formal Hearing on October 4, 2004, the City of Dania Beach Code Enforcement Board granted Defendant's request for extension on imposition of the fine until December 24, 2004. (c) At the Formal Hearing on January 3, 2005, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until February 22, 2005. (d) Except as expressly amended herein this board's order in this case signed July 27, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this day of 2005. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: (,,� - Richard Bettor, Chairperson Sworn and subscribed before me this day of 2005. 4NOAR/JYe�P1tUBLJCSTATE OF FLORIDA Richard Bettor is personally known to me. Return to: Patricia Varney,Finance Director � Pcp Glona J Brandes � City of Dania Beach `(a+ My commission DD187260 100 W. Dania Beach Blvd. �'�+,�,.d� Exar-8 MaY 10.2007 Dania Beach, FL 33004 FINAL ORDER #04-0031 PAGE 5 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Ramgoh Sales Co Inc., this f day of 2005. CERTIFIED MAIL 7003 1010 0004 8918 5441 COD ENFORC ENT BOARD CLERK APPROVED TO FORM AND CORRECTNESS r TIM RYAN, IrECIAL CITY A 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 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-0031 Municipal corporation PLAINTIFF, FINAL ORDER VS. RAMGOH SALES CO INC. 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 Inspector Eric Baker, on the City's Motion to Confirm Fine held on the 6th of June, 2005, and based on the evidence, the ` Board enters the following findings of fact and order: 1. That the Board did issue on the 27th day of July, 2004, a Final Order in the above captioned case commanding the defendant, Ramgoh Sales Co Inc., to bring the violations specified in said Final Order into compliance on or before the 25th day of September, 2004, or pay a fine in the amount of $200.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #04-0031 2. That the Board did issue on the 20th day of October, 2004, a Supplemental Order in the above captioned case granting the defendant Ramgoh Sales Co. Inc., an extension on the imposition of the fine until December 24, 2004. 3. That the Board did issue on the Vt day of February, 2005, a Second Supplemental Order in the above captioned case granting the defendant Ramgoh Sales Co., Inc., an extension on the imposition of the fine until February 22, 2005. 4. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: NEWMANS SURVEY 2-26 D 25-50-41 TRACT 29 LYING E OF ST RD LESS S 525 & LESS THAT PART AS DESC IN OR 2930/28 ALSO LESS PORTION LYING WITHIN LIMITS OF CITY OF HOLLYWOOD (# 0125 01 0520). 5. That the Defendant, Ramgoh Sales Co. Inc., did not comply with the Final Order on or before the date specified therein. 6. 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, Ramgoh Sales Co Inc., 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. 7. 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 RDERED at Dania Beach, Broward County, Florida, this Day of , 2005. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 1 SUPPLEMENTAL ORDER #04-0031 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, 9fiairman Sworn to and subscribed before me this_�day of , 2005, By Richard Bettor, who is personally known to me. NCrTARY PU !C TATE OF FLORIDA Jr Glone J Brandes� • My co wwion DOI87260 VaV Expires May 10,2007 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 n SUPPLEMENTAL ORDER #04-0031 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Ramgoh Sales Co. Inc., this / day of Q19bd _, 2005. CERTIFIED MAIL# 7004 2510 0003 0645 8858 r CO !iNFORCEPENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIMOTHY M. R AN, SPECIAL ITY ATTORNEY Also sent regular mail Return to: Patricia Varney 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 PREPARED BY: INSTR#105205943 TIMOTHY M. RYAN, ESQ. OR BK 40130 Pages 1260-1264 Special City Attorney RECORDED 07/22/05 08:46:59 BROWARD COUNTY COMMISSION City of Dania Beach DEPUTY CLERK 1032 700 East Dania Beach Boulevard #6,5 Pages Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY.CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 5 day of July, 2005 CITY OF DANIA BEACH LBy: I�C,�..�<. < Patricia Varney Finance Director RANiGOH SALES CO. INC. CEB/CASE# 04-0031 SUPP.ORDER/CLAIM OF LIEN 0125-01-0520 � tow fi FLORIDA January 13, 2004 RAMGOH SALES CO INC Case Number: 04-00000031 4500 S STATE ROAD 7 FT LAUDERDALE, FL 333144644 Location: 4699 SW 45 TER Folio: 504125010520 Legal Description: NEWMANS SURVEY 2-26 D 25-50-41 TRACT 29 LYING E OF ST RD LESS S 525 & LESS THAT PART AS DESC IN OR 2930/28 ALSO LESS PORTION LYING WITHIN LIMITS OF CITY OF HOLLYWOOD Dear RAMGOH SALES CO INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are requited to correct the violation (s) and call for a re-inspection by February 12, 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 Code Inspector Eric Baker at 954 924-3706. Si cer ly, KENNETH KOCH BUILDING OFFICIAL IC 4�04' CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2168 8859 by SHARIANN PEARSON. xc: Ramgoh Sales Co Inc, 4699 SW 45 Ter, Dania Beach, FL 33004, Certified Mail # 7002 2030 0003 2168 8866 "Browud's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us CASE NUMBER 04-00000031 PROPERTY,,,ADDR;ES S 4699 SW 45 TER -- --------------------------------------------------- VIOLATION: CH. 8ARTII SEC 8-21 A5A1&2 QUANTITY: 1 DESCRIPTION: CH. 8ARTII SEC 8-21 A5A1&2PAINT DATE: 1/13/04 LOCATION: NARRATIVE Remedy will be to pressure clean, paint, and maintain buildings. 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 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. 8, ART. II, SEC. 8-21A2G QUANTITY: 1 DESCRIPTION: CH. 8, ART. II, SEC. 8-21A2G DATE: 1/13/04 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 equipped with fully operaable hardware and fitted with screens to protect against mosquitoes or other insects. -------------------------------------------------------------- VIOLATION: CH. 8, SEC. 8-21 (A) (5) (A) (1) QUANTITY: 1 DESCRIPTION: CH. 8, SEC. 8-21 (A) (5) (A) , (1) DATE: 1/13/04 LOCATION: NARRATIVE Holes and deteriorated siding on the dwelling must be repaired or replaced and maintained. ORDINANCE DESCRIPTION : , CASE NUMBER 04-00000031 PROPERTY,., -ADDRESS 4699 SW 45 TER ORDINANCE DESCRIPTION Violation of Chapter 8; Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) ; Minimum standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration, ripping, tearing, or other holes or breaks. CORRECTIVE ACTION REQUIRED : Soffit screens are rotten. Screens must be replaced. -------------------------------------------------------------- VIOLATION: CH. 8,ART II, SEC 8-214F QUANTITY: 1 DESCRIPTION: CH 8,ART II, PS, SEC 8-21 (4) (F) DATE: 1/13/04 LOCATION: NARRATIVE All fences on property must be repaired, replaced, or removed. A permit will be required for replacement . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (4) (f) . Minimum Standards for Dwellings, Hotels, and Rooming Houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units . Fences shall be maintained in a good state of repair. -------------------------------------------------------------- VIOLATION: CH 8, ART II, SECA5A1 SORE QUANTITY: 1 DESCRIPTION: CH 8, ART II, SECA5A1 SCREENS DATE: 1/13/04 LOCATION: NARRATIVE All damaged screening must be replaced. ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (a) (5) al . Minimum maintenance and appearance standards for dwellings, hotels, and rooming houses. The exterior of the premises and every structure thereon, including all parts of the structure and appurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks. The screen enclosure (s) on property is/are in a state of disrepair. -------------------------------------------------------------- VIOLATION: CH. 13, SEC. 13-23 ALL QUANTITY: 1 DESCRIPTION: CH. 13, SEC. 13-23 ALL DATE: 1/13/04 LOCATION: NARRATIVE CONTINUED CASE NUMBER 04-00000031 PROPERTX, .ADDRESS 4699 SW 45 TER NARRATIVE : 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. 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. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14, SECTION 14-2 DATE: 1/13/04 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. 15, SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1,000UPATIONAL DATE: 1/13/04 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained fo r 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: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 1/13/04 LOCATION: NARRATIVE Address must be displayed on the building/house. ORDINANCE DESCRIPTION : -CASE NUMBER 04-00000031 PROPERTY"ADDRESS 4699 SW 45 TER 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.25, DIV.6, SEC.25-120 QUANTITY: 1 DESCRIPTION: CH.25, DIV.6, SEC.25-120 DATE: 1/13/04 LOCATION: NARRATIVE All commercial vehicles must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 25, Division 6, Commercial Vehicles; Section 25-120 . Commercial vehicle shall mean any vehicle designed or used, or maintained primarily for the transportation of property and/or persons for hire, including but not limited to tractors, trailers, or any part thereof; wreckers, tow trucks, or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function, any vehicle commonly recognized as a commercial vehicle or any vehicle which contains advertising markings in excess of three (3) square feet per side or per vehicle top. -------------------------------------------------------------- VIOLATION: CH. 39,ARTXIX, SEC.39-322 QUANTITY: 1 DESCRIPTION: CH.39,ARTXIX, SEC.39-322I (2) 4 DATE: 1/13/04 LOCATION: NARRATIVE All boats and/or recreational vehicles in violation of this ordinance must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 39, Broward County Zoning Code, Article XIX Mobile Home Zoned Districts, Section 39-322 (I) (2) & (4) . Recreational vehicles and boats. Residents may store one boat and one recreational vehicle at their residence, provided: All boats over 12 feet must be on a currently licensed boat trailer, and no boat or recreational vehicle shall be stored within a required parking space. -------------------------------------------------------------- VIOLATION: CH. 39. , SEC.39-275 (10) QUANTITY: 1 DESCRIPTION: CH. 39, BC ZON, SEC.39-275 (10) DATE: 1/13/04 LOCATION: NARRATIVE All auto repairs exceeding this scope or walk must cease and. all auto parts removed from property. ORDINANCE DESCRIPTION : CASE NUMBER 04-00000031 PROPERTY ADDRESS 4699 SW 45 TER ORDINANCE DESCRIPTION Violation of Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275 (10) , Repair and Maintenance of Vehicles. Only minor repairs limited to tire, battery, spark plug, or oil may be performed in residential zoned districts. -------------------------------------------------------------- VIOLATION: FBC 104 . 1,REQD PERMITS QUANTITY: 1 DESCRIPTION: FBC 104 . 1, PERMITS FOR SIDING DATE: 1/13/04 LOCATION: NARRATIVE Obtain permits and all inspections within 30 days or remove all work. ORDINANCE DESCRIPTION Violation of Florida Building Code 104 . 1, Permits Required. Problem Description: Siding being installed on mobile living unit without permit . come into compliance or a fine of$50.00 a day, 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 27) #03-5697 Brett A. Soracin 4140 SW 50th Street Code Inspector William Dubisky having been previously sworn in, came forward and had the following testimony. This is a violation of Chapter 104.1 of the Florida Building Code, Permits required; driveway installed without a permit. Building Official Kenneth Koch having been previously sworn in, came forward and had the following testimony. Mr. Koch stated that they have not had a permit application received or a permit issued; there is still a violation for this driveway being installed without a permit. Chairman Bettor asked if there was anyone representing Brett Soracin, no one came forward. Chairman Bettor entered one photo into evidence. Jimmy Peterman made a motion to adopt the finding of fact by Building Official Kenneth Koch, move to find that the violation exists as charged, move that the violator be give 30 days to comply or thereafter a fine of $100.00 per day shall be levied, the motion was seconded by David Nuby and followed 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 28) #04-0031 Ramgoh Sales 4699 SW 45th Terrace Code Inspector Eric Baker, having been previously sworn in, came forward, presented 15 photos and had the following testimony. This is a violation of Chapter 8, Article lI, Section 8-21(a) (5) (a), (1) & (2), Paint violation; Chapter 8, Article Il, Section 8-21(a) (2) (g), Windows and doors violation; Chapter 8, Article lI, Section 8-21(a) (5) (a), (2) Soffit Screen violation; Chapter 8, Article Il, Section 8-21(a) (5) (a), (1), Screen violation, Enclosure; Chapter 13, Section 13-23, Trash, Junk, Weeds and Grass violation; Chapter 14, Section 14-2, Inoperable vehicles; Chapter 15, Section 15-1, Occupational License; Chapter 22, Section 22-1, Buildings to be numbered; Chapter 25, Division 6, Section 25-120, Commercial Vehicles violation; Chapter 39, Section 39-322 (1) (2) & (4), Boat and Recreational Vehicle violation; Chapter 39, Section 39-275 (10), Auto Repair violation; Florida Building Code 104.1, Siding violation, permits required. As of today the property is in violation of all of the violations. Chairman Bettor asked if there is anyone representing Ramgoh Sales, no one came forward. Gary Luedtke made a motion to adopt the findings of facts of Officer Eric Baker, that the Dania Beach Code Board Summary Minutes 14 July 6,2004 offenders be given 60 days or a fine of$200.00 a day thereafter to come into full compliance, 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 29) #04-0494 Maria I Portugal & Miguel A Portugal 43 SW 4rh Street Code Inspector William Dubisky having been previously sworn in, came forward and stated the case is in compliance as of today. Tim McLeod made a motion to dismiss, 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 30) #04-0653 Troy D.Ippolito 313 SE 6th Street Inspector Cary Tullos having been previously sworn in, came forward and gave the following testimony. This is a violation of Chapter 25, Division 6, Commercial Vehicles. As of today the property is complied. Ms. Tullos asked for a finding of fact in the case and presented 1 photo. Chairman Bettor asked if there was anyone representing Troy Ippolito, no one came forward. Tim McLeod made a motion to adopt the findings of fact that the violations did exist, and the property is in compliance at this time, 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 There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 15 July 6,2004 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 6/24/2004 and on a reinspection of the property on 10/04/2004 revealed that the corrective action had been taken and the property has complied as of this date. He said that there is a fine of $3,250.00 on this property and as of today the property is still in compliance. Chairman Bettor asked if there was anyone representing Andre D. Bonenfant & Joycelyn Leitzell-Bonenfant. Joycelyn Leitzell, 1118 N 17 Avenue, Hollywood, came forward and was sworn in. Ms. Leitzell stated that she was made aware of this a week ago because she is a co-owner with her ex-husband who is in final stages of lung cancer and she presented a letter from his doctor. She said when she found out about the violations she contacted Mr. Dubisky and he told her what needed to be done and she worked all weekend to clean up the property to comply. Ms. Leitzell asked the board to make an abatement on the property because this is all that he has to give to his son. Attorney Ryan informed the Board that when there is a situation where it is a motion to confirm fine there has not yet been a fine confirmed so there is no lien against the property and they could just go ahead take up a motion to abate the amount and whatever it is abated to it won't have to go to the City Commission because it has not been a lien. Jimmy Peterman made a motion to abate the amount to $500.00 and was seconded by Tim McLeod. Attorney Ryan stated that the motion should have a commitment that it is $500.00 if paid within 60 days. David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 6) Request for Extension - #04-0031 — Ramgoh Sales Inc. — 4699 SW 45" Terrace. Inspector Eric Baker came forward, was sworn in and made the following statement. Mr. Baker stated that this case came before the board on 7/06/04 for 13 violations. The board issued a final order giving the defendant 60 days to comply or a fine of$200.00 per day would be levied. The compliance date was 9/25/04 and the defendant is asking for an extension from that date. Chairman Bettor asked if there was anyone representing Ramgoh Sales. Christopher Martin, Son of the owners, came forward and was sworn in. Mr. Martin stated that the problems that they are having is with one individual that has a car repair service and they have been trying to evict him for over a year. He said that they are in the final stages of the eviction, the tenant was supposed to be out by September 3rd and the final papers are with Judge Herring at the Fort Lauderdale Court House. He says that he is supposed to hear something from the clerk tomorrow. Mr. Martin said as for the other violations they were cleaned up but since there were 2 small tornadoes and 3 hurricanes they are still cleaning up. He asked for an Dania Beach Code Board Summary Minutes 5 October 4,2004 extension so he can get that one tenant evicted and get the rest of the trailers that are in violation to clean up. Gary Luedtke made a motion to grant an extension of 90 days from the compliance date of 9/25. 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 7) #04-0451 Dustin H. Patterson 2180 SW 54th Street Inspector Gary Phaneuf came forward, was sworn in, presented 7 photos and gave testimony regarding the violations. Mr. Phaneuf stated that the property is still in violation of Chapter 13, Article II, Sanitary Nuisance, Division 1, Section 13-21; Chapter 13, Article Il, Public Nuisance, Division 1, Section 13-23, the drain and/or waste water is still overflowing onto.the property; and Chapter 13, Section 13-26; the property still has an excessive accumulation of untended overgrowth of weeds, undergrowth and other dead or living plant life. Chairman Bettor asked if there was anyone representing Dustin Patterson. Dustin Patterson, 2180 SW 541h Street, came forward and was sworn in. Chairman Bettor asked for the 7 photos of the property to be identified. Mr. Patterson positively identified the 7 photos of his property. Mr. Patterson stated that his plumbing was going bad and he was trying to fix it himself because he couldn't afford to get someone to fix it. He said he wasn't able to cut the overgrowth because of his work schedule. Mr. Patterson stated that he has gotten someone to mow that grass, he has someone coming to take care of the weeds and now he is trying to take care of everything. Mr. Patterson stated that he needs 2 months to take care of everything. Gary Luedtke made a motion that notice was properly served, to adopt the findings of fact of Officer Phaneuf, and the violation be given 40 days to comply or a fine of $75.00 a day thereafter. The motion was seconded by Jimmy Peterman. There was further discussion. Gary Luedtke changed the motion to give 20 days or a fine of S75.00 a day thereafter. The motion was seconded by Judith Tulacro 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 8) 904-0546 Circle K Stores Inc. 701 S Federal Highway Inspector Cary Tullos came forward, was sworn in and gave testimony regarding the violations. Ms. Tullos stated that the property is still in violation of Chapter Dania Beach Code Board Summary Minutes 6 October 4,2004 Gary Luedtke made a motion to dismiss all the cases that have come into compliance. Jimmy Peterman seconded the motion and it 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-no Chairman Bettor arrived at 6.51pin 4. Request for Extension - Case # 04-0031 - Ramgoh Sales Inc - 4699 SW 45 TER Code Inspector Eric Baker came forward and was sworn in. Mr. Baker stated that this case came before the Board on 07/06/04 for 13 violations. A final order was issued giving the defendant 60 days to comply, the compliance date being 9/25/04. The defendant came back before the Board and requested another extension of 90 days. The Board granted that extension which made the compliance date 12/2204. Mr. Baker stated that the defendant is requesting another extension from the date. Mr. Chris Martin who was representing Ramgoh Sales Inc. came forward and was sworn in. He stated that they were having problems with the tenants and court proceedings are holding them up. Tim McLeod asked Mr. Martin how much time they needed. Mr. Martin asked for a two month extension. Inspector Baker recommended that they be granted the 60 days they were asking for because they have made a lot of progress. Jimmy Peterman made a motion on the recommendation of staff to give a 60 day extension from 12/24/04. Tim McLeod seconded the motion and it 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 5. Request for Extension - # 03-5676 - Deborah Powers Thomas - 333 SE 3 TER Code Inspector Cary Tullos came forward and was sworn in. Ms Tullos stated that this case first came before the Board on 08/02/04 for 1 paint violation. The Board issued an order by giving the defendant 60 days to comply. The compliance date was 12/22/04. The defendant is requesting an extension of time from that date. Inspector Tullos also stated that the defendant is trying to make progress. Mr. Gilbert Thomas, 333 SE 3 Terrace, came forward and was sworn in. He stated that they discovered some erosion problems which will require a construction expert to go in and determine the extent of damage and how much construction needs to be done to the house. Inspector Tullos recommended that he be given the time he is requesting because he has complied on all of the other violations except this one. Chief Inspector Johnson recommended that the Dania Beach Code Board Summary Minutes 2 January 3,2005 AGENDA REQUEST FORM CITY OF DANIA MO- O A7 Date: 1/19106 Agenda Item#: 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 onl/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 3/03/01 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. 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 a copy of the 1/08102 commission minutes. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Office Supervisor 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 UVI-L1-cuuu rai ujoqu rI1 - rHA NU. d04 del le4( F. U2/U4 1N TIIE CIRCUIT COURT OF TIDE 17TH JUDICIAL C1RCUrr 1N AND FOR 13ROWARD COUNTY, FLORIDA CASE:NO. 05-03346 CACE' 02 CITY OF DANIA BEACH,a Florida municipal corporation, Plaintiff, V. MADELYN McCUTCIIL'ON,as Personal Reprosontativu of the. Estate of IVORY LORENZO McCUTC111:ON,the unIcnown spouso,heirs,heficrciaries and creditors claiming by, through, under or against IVORY LORENZO McCUTCHEON a/k/d IVORY McCU'I'CI IEON; SIIAWN MXOTCHEON, if living, and if dead,the unknown spouso,heirs, beneficiaries and creditors claiming by,through,under or against SHAWN McCUTC:H iON; HOWARD D, POPPER and ALAN L. YATVIN, individually, and d/b/a POPPER& YATVIN, Defeudanis. PLAINT]FIF, CITV OF DANIA BFACIT,AND DEFENUAN'I'. JUARN McCUTCHEON,, FINAL NETTUM AGREEMENT Plaintiff, CITY OF DANIA 1313ACII, and Defendant, SHAWN McCUTCHEON, by and through their respective attorneys, enter into this Final Settlement Agreement and state: 1, This action was commenced by Plaintifffiling its Complaint to Foreclose Municipal Lien on property in Dania Beach and described as: Lot 2, Block 2, Town of Modelo (now Dania), according to the: Plait thereof, as recorded in Plat Boole B, Page 49, of the Public Records of Dade County; Slid lands situate, lying and being in Broward County, Florida. Ul;l'L1-LUUb MI UJ;bU M PHA NU. UN Uel IeV F. U3/U4 CASE NO. 05-03346 CACB 02 (hereinafter Identifled as tho subject property). 2. Plaintiff alleged a lien against the subject property totaling$39,300 for violation of the Dania Beach City Code. 3. Ocfendant, SHAWN McCUTCHEON, owns a one-half (%a) interest in the subject property,and the remaining one-half('/_) 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 McC'utchcon,which extinguished Plaintiffs Code Enforcement Licn as to the Estate of Ivory McCutcheon's one-half interest in the subject property. 5, Defendant, SHAWN McCUTCHLON, and Plaintiff, CITY OF DANIA BEACH, do hereby agree the Plaintiff will release its Code.Enibrcement Lien against l3cfendan% SHAWN McCUTCH I?ON'S,one-lhal f interest in the subject properly in exchange for payment by Defendant, SHAWN McCUTCHEON,to Plaintiff,CITY OF DANTA BEACH of $12,500 and further subject to the terms and conditions of this settlement agrecinent. 6. This Settlement Agreemont is contingent upon and subject to approval by the Dania Beach City Commission with respect to all terius and conditions stated in this agreement. 7. Defendant, SHAWN MccurCHEON, must deliver the aforesaid $12,500 payment to Plaintiff'within thirty(30)days after the City Commission's approval of this settlement agreement or the settlement agreement shall be null and void. 8. plaintiff and Defendant, SIIAWN McCUTCHEON, will be responsible for their own attorneys' fees and costs in this action. 2 OCT-21-2005 FRI 03:50 NM rnn 11U, OU4 Qr-1 IL-11 CASE NO, 05.03346 CAGE 02 9. This settlement satisfies all obligations of Defendant,SIIAWN McCUTCHEON regarding the Dania Beach Code Enforcement Board Order recorded September 26,2001 in O.R.Hook 32158, Page 1325 and the Su})plemcntal Order/Claim of Lien recorded September 26,2001 in O.R. Book 32158,Page 1330, Broward County records. Upon payment of the$12,500 as aforesaid,the City of Dania Beach will prepare and record a Release and Satisfaction of the Codo Enforcement Board Final Order and Supplemental Order/Claim of Lien referenced herein, The parties bcrcto have made and executed this Agreement through their respective counsel and by signing this agroemcnt do hereby acknowledge that they are duly authorized to execute same. GOSSFTT& GOSSE-17,P.A. I,AW OFFICES OF RYAN&RYAN,LLC Attorneys for Defendant, SHAWN McCUTCHFON Attomcys Por Plaintiff 4700 Sheridan Street,BuildingI 700 Vast Dania Beach Boulevard,Third Floor 11ollywood, FL 33021 Dania Beach,1133004 (954)983-2828 (954) 920-292 U ALI)1). GOSSUIT TfMqU IY M. RYAN Florida Bar No. 210811 Flari a liar No. 32583 f:Vom\C1:H�N1cCutcln�n Auicanuat.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 rd Bettor, Chairman RB/gb OR BK 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): 0 FINAL ORDER :OR BK 321SO 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 ORDER OR BK 32158 PG 1328 CEB00-0666 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By — Richard Bettor, Chairperson Date signed: Q o i to 1 Sworn and sub c ibed before me this day of 2001. A""/ NOTARY PUkI6 STATE OF FLORIDA Richard Bettor is personally known to me. Rv PV OFPVALNOTARYSM O1P GLORIA J BRANDES 2 COMMISSION NUMBER Q CC828490 9 �4 MY COMMISSION EXPIRES OF FVO MAY 10 2003 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER OR U 32158 PG 1329 CEB00-0666 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final rder was mailed to the Defendants, Ivory and S. McCutcheon this day of , 2001. CERTIFIED MAIL 7099 3400 0014 4251 2595 CODE NFORC NT BOARD CLERK APPROVED O FORMA 'CORRECTNESS TIM RYAN, SPE IAL CITY ATTO NEY Also sent regular mail Return to: Marie Jabalee, Finance Director 100 W.Dania Beach Blvd. Dania Beach, FL 33004 INSTR # 101358245 OR ®R 32158 ■G 1325 PREPARED BY: i�(X1IM 09/2672001 10:08 M t 4ISISIM TIMOTHY M. RYAN, ESQ. 11KNIM WAY Special City Attorney MfY LURK 2W City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 18 day of September, 2001 CITY OF DANIA BEACH By: l�n a A a 11 �11 �✓ 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 / Day of , 2001. DANIA BEACH CODE ENFORCEMENT BOARD By: �6 f// A&:2�� Richard Be or, Chairman Sworn to and subscribed before me this -�/ day of , 2001 By Richard Bettor, who is personally known to me. NOTARY PUBLIt STATE OF FLORIDA tPav pL o Meawwrara� r0 dIAAIA J MMOFs ► 0QMM13SItlN NUMBER Return To: David E. Keller, Finance Director 2 y CC826M 100 W. Dania Beach Blvd. eaF.f.E� My�QSSIONEMRES Dania Beach, FI 33004 MAY 10 03 SUPPLEMENTAL ORDER CE$00-0666 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Ivory and S. McCutcheon, this 2� day of 2001. CERTIFIED MAIL # 7001 0360 0002 7730 7366 f COD ENFORC ENT BOARD CLERK APPROVED/P/'S TO F/QRM AND CORRECTNESS TIMOTHY M. RYAN, 7"PECIAL 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 •,k 1 Clio, 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 PARTS 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 City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us hesitate to contact me . WILLIAM DUBISKY 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-Ivory & 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- 0668-Ivory & 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 May 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 1 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 14t" 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 call 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 lst 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 1/2 the amount 2 1/2 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 3rd Street Chief Code Inspector William S. Johnson having been previously sworn 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, Sec 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#04-1273 Constance K. Lathrop, 2620 SW 54 Street Inspector: William Dubisky Violations: Ch 8, Art II, Sec 8-21a2g; Ch 13, Art II, Sec 13-39; Ch 39, Art X, Sec 39-132a; Ch 39-133; Ch 39, Art XVI, Sec 39-2756b Dania Beach Code Board Summary Minutes 9 December 5, 2005 dry. 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 Pato 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 Pato 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