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HomeMy WebLinkAbout3430 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 18, 2007 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests Mayor Flury moved Items #3.7, #3.8 and#3.9 to the top of the agenda. 3.1 Request for abatement for MYSB LLC for Case #04-1269, for property located at 4680 SW 33rd Avenue (#0230-03-0090) Attorney Tim Ryan advised this case involved two violations of failure to repair, replace or remove a fence which is in disrepair and falling down. The fine ran for 11 days for a total of $1,650.00, plus recording fees of $176.50, for a total of $1,826.50. The Special Magistrate recommended abating the fine to $500. Shlomo Beno, property owner, advised the building is a rental property with 6 apartments. He further noted that he complied in time. Commissioner Bertino motioned to keep the fine at $1,826.50; seconded by Commissioner Fetscher. Mr. Beno commented he is actually losing money with this property and has been trying to sell it for more than a year, without success. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.2 Request for abatement for Bryan Road Investments LLC for Case #05-0835, for property located at 80 SW 8th Avenue (#0234-24-0080) Attorney Tim Ryan advised the property was cited for one violation of failure to comply with all requirements and conditions of Site Plan approval. The project was approved for 33 units, but there were more than 33 units on the property. The fine ran for 61 days for a total of $6,100. The Special Magistrate recommended abating the fine to $2,500. Vice-Mayor Anton motioned to keep the original fine at $6,100; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.3 Request for abatement for Stewart C. Kachel Rev. Liv. Trust for Case #05-1008, for property located at 4448 SW 51St Street (#0136-02-0580) Attorney Tim Ryan advised this was a rental property that was cited for 4 violations of failure to obtain roofing contractor and replace the roof. The fine ran for 86 days for a total of$6,626.50, including recording fees. The Special Magistrate recommended abating the fine to $2,750. He recalled that the violations were corrected as soon as Arthur Kachel was aware of them. Arthur Kachel noted he received the property from his father. The hurricanes hindered his work on the repairs. He dried his roof in because it was getting damage from the hurricanes. The house still belonged to his father at that time and he had to purchase it from him to be able to get a permit for the repairs. He indicated he never received confirmation from the City that they inspected the property. Mr. Kachel confirmed he is a permanent resident at the property. Commissioner Castro motioned to abate the fine to $2,750, to be paid within 12 months, with equal monthly payments; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.4 Request for abatement for Hector J. & Henrietta Rodriguez for Case #05-1142, for property located at 3970 SW 51" Street (#0231-01-0264) Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. Attorney Tim Ryan advised the property was cited for 2 violations of failure to pave, repair or replace parking area asphalt. The fine ran for 330 days for a total of $49,676.50, including recording fees. The Special Magistrate recommended abating the fine to $5,000. Hector Rodriguez, 3404 Bridge Road, Cooper City, property owner, noted there are 3 units on the property, and he has owned the property for 20 years. He presented a timeline of events that delayed the repairs. Mr. Rodriguez further commented he was not aware that he needed to have an Occupational License for this property. Lastly, he indicated he is willing to comply but would appreciate a further reduction of the fine. Commissioner Bertino motioned to abate the fine to $5,000, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.5 Request for abatement for Garth Simpson for Case #05-1420, for property located at 722 SW 3`d Place (#1203-36-0700) Attorney Tim Ryan advised the property was cited for one violation of trash, debris and overgrown grass and weeds. The fine ran for 197 days for a total of $34,651.50, including ® recording fees. The Special Magistrate recommended abating the fine to $6,000. Dex Donaldson explained he manages the referenced property and one located next door. He noted they complied on both violations at the same time. However, they did not receive a violation for both properties, only for one. Attorney Ryan indicated there may have been an earlier violation, but the violation for Final Order was entered by the Board in January, 2006. The citation was issued September 12, 2005. Commissioner Fetscher motioned to abate the fine to $6,000, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.6 Request for abatement for GC Properties LLC for Case #05-1425, for property located at 2402 SW 54t" Street (#0232-23-0210) Attorney Tim Ryan advised the property was cited for one violation of failure to obtain permits for the construction of an addition/accessory structure and a fence. The fine ran for 201 days for a total of $30,326.50, including recording fees. The Special Magistrate recommended abating the fine to $10,000. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. . Steven Valancy, representing GC Properties, noted his client obtained the property from a tax sale and the violation was from the prior owner. The property was brought into compliance after the tenant was evicted from the property. He commented that the Special Magistrate found that the circumstances for the delay in complying were beyond the owner's control and felt that $10,000 was appropriate considering the way he acquired the property. Mr. Valancy thought that the property would be resold. Vice-Mayor Anton motioned to keep the original fine at $30,326.50; seconded by Commissioner Bertino. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury No Commissioner Fetscher Yes Items #3.7, #3.8 and#3.9 were heard before Item #3.1 3.7 Request for abatement for Nelson McCutcheon for Case #01-0094, for property located at 401 NW 3`d Place (#0234-06-0410) Attorney Tim Ryan advised the property was cited for 3 violations of failure to repair or replace screen door, and a two-part Final Order was issued. The fine for the first part ran for 1,571 days for a total of$31,520, including recording fees. The fine for the second part ran for 1,745 days for a total of $69,800. The total for both fines is $101,320. The Special Magistrate heard the case on September 11, 2006 and recommended abating the fine to $10,000. Harry Hippler, Attorney representing Mr. McCutcheon, noted the Special Magistrate recommendation included giving Mr. McCutcheon 180 days to clear up the title (March 11, 2007) and sell the property. He asked if they could come back to the Commission to ask for an extension, if the property was not sold in 180 days. Attorney Ryan suggested establishing an abatement amount and giving them six months to pay, then they can request an extension if the property has not sold. In addition to the fines, the Code Compliance Unit indicated there were assessment liens for fence and screen structure removal in the amount of $3,901. He advised this amount should be paid to the City and recommended adding the assessment to the previous amount of$10,000. Attorney Hippler noted they would be agreeable to pay $14,000. Vice-Mayor Anton motioned to abate the fine to $14,000, to be paid within 180 days, and for Mr. McCutcheon to obtain a realtor within 60 days; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. Items #3.8 and #3.9 were heard together as it is the same property owner, with different addresses 3.8 Request for abatement for J&J Properties of Broward Inc. for Case #04-1241, for property located at 11 S. Federal Highway, a/k/a 15 S. Federal Highway (#0234-01- 3380) 3.9 Request for abatement for J&J Properties of Broward Inc. for Case #04-1242, for property located at 17 & 19 S. Federal Highway, aWa 20 N. Federal Highway (#0234-01-3390) Attorney Tim Ryan explained the location of the properties and advised the owner was cited for one violation in each case, for failure to complete unfinished work on parapet causing a blight factor for adjoining property owners. The fine ran for 624 days for a total of$62,576.50 each, including recording fees. The Special Magistrate recommended abating the fine to $60,000 on both cases ($30,000 each). Harry Hippler, Attorney representing the property owner, presented a timeline of events that delayed the repairs: Mr. Kodner did not receive the full value of the loss from the insurance company; and the City lost his paperwork. Attorney Hippler indicated that two hurricanes in 2005 (Katrina and Wilma) set him back from making repairs. Mr. Kodner also had an additional insurance claim due to a vehicle running into the building. He noted there should only be one violation because it is only one property, with two folio numbers. Attorney Hippler requested the Commission abate the fine to a more reasonable amount, considering it is only one property. Attorney Ryan explained that the information provided by Attorney Hippler is the same that was presented to the Special Magistrate, exclusive of the car incident. He agreed it is a one building structure. Attorney Hippler clarified for Commissioner Castro that repair work started in April, 2005, when Mr. Kodner received a check from the insurance company. Commissioner Bertino motioned to abate the fine to S60,000, to be paid within 60 days for the two cases seconded by Vice-Mayor Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher No Item #31 was heard after Item #3.9 Items #3.10 and #3.11 were heard together as they pertain to the same property owner and property address, with two separate violations Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,January 18, 2007—6:00 p.m. 3.10 Request for abatement for Moshe Bachar for Case #04-1096, for property located at 2411 SW 58th Manor(40232-21-0150) 3.11` Request for abatement for Moshe Bachar for Case 906-0159, for property located at 2411 SW 58th Manor (#0232-21-0150) Attorney Tim Ryan advised the property was obtained from illegal activity of the owner of the property. In these cases the U.S. Government has jurisdiction. The property owner was cited for 2 violations of failure to obtain an Occupational License and an accumulation of trash and debris. The fine ran for 325 days for a total of $32,676.50, including recording fees. The Special Magistrate recommended abating the fine to $1,500 ($750 in each case), to recover the City's administrative costs. Lisa Trujillo, U.S. Marshall's Office, noted they will sell the property and the funds would go to Law Enforcement. Commissioner Castro motioned to abate the fine to $1,500, to be paid within 30 days, for both cases; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes At this time Attorney Ryan advised that the applicant for Item #3.4 had requested 60 days to pay the $5,000 fine, instead of 30 days as approved in the motion. Mr. Rodriguez advised he needed more time to process the mortgage which would take at least 45 days. Commissioner Castro motioned to allow Mr. Rodriguez to pay the $5,000 fine within 90 days; seconded by Commissioner Bertino. The motion carried unanimously. 4. Adjournment Mayor Flury adjourned the meeting at 7:04 p.m. ATTEST: CITY OF DANIA BEACH dIQA , -2t�p lie `G LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR—COMMISSIONER Approved: February 14, 2007 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday, January 18, 2007—6:00 p.m.